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HomeMy WebLinkAboutAgenda Packet - CC - 2009.05.18 CITY C BURLJNGAME m �09 00 $NnTce JUNE b• BURLINGAME CITY HALL 501 PRIMROSE ROAD BURLINGAME, CA 94010 CITY COUNCIL MEETING AGENDA Monday, May 18, 2009 CLOSED SESSION: 6:00 p.m. - Conference Room A a. Real Property Acquisition of Parcel No. 029-231-060, negotiations with Property Owner/Owner's Representative and City Representatives: Jim Nantell, Jesus Nava, Bill Meeker, pursuant to Government Code§ 54956.8 b. Conference with Labor negotiator pursuant to Government Code §54957.6(a): City Negotiators: Deirdre Dolan, Jim Nantell, Glenn Berkheimer(IEDA) Employee Organizations: AFSCME 829, AFSCME 2190, BAMM, Fire Administration, IAFF 2400, Police Administrators, Police Officers Association, Teamsters Local 856, and Department Head/Unrepresented CITIZENS ACADEMY GRADUATES RECEPTION—6:30 p.m.—Conference Room A 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 May 4, 2009 5. PRESENTATIONS a. Recognition of Citizens Academy Graduates b. Proclamation recognizing Jesus Nava as San Mateo County's Hispanic Chamber of Commerce recipient for the City of Burlingame 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. 6. PUBLIC HEARINGS a. Public Hearing to consider adoption of an Ordinance to amend Title 25 of the Municipal Code (Zoning Ordinance) to allow up to five additional food establishments in certain portions of Subarea A of the Burlingame Avenue Commercial Area, to add a definition for"ready-to-eat food shop", and to clarify the parking requirements for single family dwellings 7. PUBLIC COMMENTS —At this time,persons in the audience may speak on any item on the agenda or any other matter within the jurisdiction of the Council. The Ralph M.Brown Act(the State local agency open meeting law)prohibits Council from acting on any matter that is not on the agenda. Speakers are requested to fill out a"request to speak"card located on the table by the door and hand it to staff. The Mayor may limit speakers to three minutes each. 8. STAFF REPORTS AND COMMUNICATIONS a. Declaring results of the May 5, 2009 Mail Ballot Election of Burlingame Property Owners Storm Drainage Fee b. New Water Supply Agreement with City and County of San Francisco 9. APPROVAL OF CONSENT CALENDAR a. Adopt a Resolution approving City's membership in the Bio-Solids Joint Powers Authority b. Adopt a Resolution accepting the Trousdale Drive Water Transmission Pipeline project by K. J. Woods Construction c. Request direction on whether to cancel the July 6, 2009 regular City Council meeting d. Warrants &Payroll 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 a. Waiver of Block Party permits as an incentive for Emergency Preparedness presentations 13. NEW BUSINESS 2 Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection at the Water Office Counter at City Hall located at 501 Primrose Road during normal business hours. 14. ACKNOWLEDGMENTS a. Department Reports: Building, April 2009; Finance, April 2009 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.burlinganie.org. Agendas and minutes are available at this site. COUNCIL BUDGET STUDY SESSION MEETING—WEDNESDAY, MAY 27, 2009 NEXT REGULAR CITY COUNCIL MEETING—MONDAY,JUNE 1, 2009 3 Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection at the Water Office Counter at City Hall located at 501 Primrose Road during normal business hours. CITY C BURLINGAME Aba, mo $Fnico JUNe 6 BURLINGAME CITY COUNCIL Unapproved Minutes Regular Meeting of May 4, 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 Karen Key. 3. ROLL CALL COUNCILMEMBERS PRESENT: Baylock, Deal, Keighran, Nagel, O'Mahony COUNCILMEMBERS ABSENT: None 4. MINUTES Councilwoman O'Mahony made a motion to approve the minutes of the April 20, 2009 regular Council meeting; seconded by Councilwoman Nagel. The motion was approved unanimously by voice vote, 5-0. 5. PRESENTATION a. NATIONAL POLLUTION DISCHARGE SYSTEM Matthew Fabry, Program Coordinator, of the San Mateo Countywide Water Pollution Prevention Program gave a presentation on the Municipal Regional Stormwater Permit. 6. PUBLIC HEARINGS a. PUBLIC HEARING AND ADOPTION OF BROADWAY AVENUE BUSINESS DISTRICT ASSESSMENTS FOR FISCAL YEAR 2009-10 FinDir Nava reviewed the staff report and requested Council hold a public hearing and consider any protests to the Broadway BID assessments and ask the City Clerk to report out any protests filed with the City; and if protests do not represent 50% of the majority of the assessments, adopt Resolution No. 40 establishing 2009- 2010 assessments for the Broadway Area Business Improvement District and determining that no majority protest has been made. City Clerk Kearney reported that no protests were received. Mayor Keighran opened the public hearing. There were no comments from the floor, and the hearing was closed. 1 Burlingame City Council May 4,2009 Unapproved Minutes Vice Mayor Baylock made a motion to approve Resolution No. 40 establishing the 2009-2010 assessments for the Broadway Area Business Improvement District; seconded by Councilwoman O'Mahony. The motion was approved unanimously by voice vote, 5-0. 7. PUBLIC COMMENTS Mayor Keighran requested that individuals who wished to address the Council concerning high speed rail would be able to do so after the report was presented. The following citizens spoke: Mary Herman, 1547 Alturas Drive spoke about the possible closure of the Easton Branch Library; James Counts, 1351 Rollins Road; Chindi Peavey, 1351 Rollins Road; spoke about the storm drain measure and NPDES; Karen Key, 1499 Oak Grove spoke about the storm drain measure; John Root, 728 Crossway Road spoke about the storm drain measure and the possible Easton Branch Library closure; CM Nantell clarified the situation concerning the possible closure of the Easton Branch Library; Nancy Dobson, 716 Burlingame Avenue and Pat Giorni, 1445 Balboa Avenue spoke about Item 8a; Stephen Hamilton, 105 Crescent spoke about the possible closure of the Easton Branch Library and the City's financial situation; Don Cory, 833 Alpine spoke about the storm drain measure. There were no further comments from the floor. 8. STAFF REPORTS AND COMMUNICATIONS a. INTRODUCE ORDINANCE FOR AMENDMENT TO TITLE 25 OF THE BURLINGAME MUNICIPAL CODE (ZONING ORDINANCE) TO ALLOW UP TO FIVE ADDITIONAL FOOD ESTABLISHMENTS IN CERTAIN PORTIONS OF SUBAREA A OF THE BURLINGAME AVENUE COMMERCIAL AREA, TO ADD A DEFINITION FOR"READY- TO-EAT FOOD SHOP", AND TO CLARIFY THE PARKING REOUIREMENTS FOR SINGLE FAMILY DWELLINGS CDD Meeker reviewed the staff report and requested Council review and introduce the proposed Ordinance to allow five additional food establishments, create a definition for"ready-to-eat food shops", and clarify the parking requirements for single family dwellings, waive further reading of the Ordinance; and direct the City Clerk to publish a summary of the Ordinance at least five days prior to proposed adoption. CDD Meeker further stated that the Planning Commission suggested that the maximum floor area for"ready- to-eat" food shops should be limited to 1,000 square feet. The Commission also agreed that the opportunity for the additional food establishments should be extended to include properties within Subarea A on Primrose Road, between Burlingame Avenue and Chapin Avenue. CDD Meeker also stated that during a recent code clean up of various sections of the Municipal Code is what prompted the need to clarify the parking requirements of one covered parking for homes with four bedrooms or less; and two covered parking spaces for homes with five or more bedrooms; the recent amendments created an inconsistency between the City's residential design guidelines and the zoning regulations relative to parking. There is a need to restore consistency between the guidelines and the code. Council discussion followed concerning the number of restaurants that exist today compared to 1999; parking for the restaurants; location of new food establishments on side streets and not on Burlingame Avenue; the desire to extend the downtown area to Howard Avenue, a concern being that there are already 2 Burlingame City Council May 4,2009 Unapproved Minutes enough restaurants on side streets; and concern over the single family dwelling parking spaces being included in this ordinance. CDD Meeker provided guidance and stated that concerns regarding the residential parking standard could be addressed in the future through further study with the Planning Commission. He encouraged the Council to adopt the standard before them to restore consistency between the design guidelines and the code while further analysis occurs. Mayor Keighran asked CC Kearney to read the title of the proposed ordinance. Councilwoman O'Mahony made a motion to waive further reading of the ordinance; seconded by Vice Mayor Baylock. The motion was approved by voice vote, 4-1 (Deal dissented). Vice Mayor Baylock made a motion to introduce the proposed ordinance; seconded by Councilwoman Nagel. The motion was approved by voice vote, 4-1 (Deal dissented). Mayor Keighran directed CC Kearney to publish a summary of the ordinance. Mayor Keighran directed CC Kearney to publish a summary of the proposed ordinance at least five days before adoption. b. HIGH SPEED RAIL PROJECT UPDATE DPW Murtuza addressed the Council and introduced Dominic Spaethling, Regional Manager, High Speed Rail; Timothy Cobb, Project Manager, California High Speed Rail; Kim Levy, Caltrain; Seamus Murphy, Caltrain & Samtrans; and Mike Garvey, Public Relations for the High Speed Rail project. DPW Murtuza provided background information on the project and updated the Council on what has taken place to date. The representatives from High Speed Rail gave a presentation to the Council and received their questions and concerns. Mayor Keighran opened the meeting to the public and the following citizens spoke: Rob Huffinan, 1209 Oak Grove; Jonathan Roth, 1210 Bellevue; Pat Giorni, 1445 Balboa; Betsy McGinn, 1112 Palm; Russ Cohen, 605 Lexington; Karen Perry, 1521 California; Jenny Lau, 816 Howard; Jennifer Pfaff, 615 Bayswater; Alex Schubert, 1105 Grove; Xavier Minakawa, 712 Linden; Jim Baliex, 831 Edgehill; John Beetem, 1209 Oak Grove; Laurie Simonson, 908 Bayswater; Thomas Paine, 728 Concord Way; John Root, 728 Crossway; Susan Castner-Paine, 728 Concord Way; Charles Voltz, 725 Vernon Way; Don Cory, 833 Alpine. There were no further comments from the floor. At the request of DPW Murtuza, Dominic Spaethling of the High Speed Rail team advised the Council that they would come back with further presentations and progress updates. Mayor Keighran concluded the discussion and reminded the public that the Burlingame website contains information about High Speed Rail and encouraged residents to sign up for updates through the City's list serve. C. MEMBERSHIP IN THE HIGH SPEED RAIL CONSORTIUM CM Nantell reviewed the staff report and stated that based on discussions with City officials from San Mateo and Millbrae, and the attendance of Councilman Deal at meetings with south San Mateo County, it is recommended that the public input be processed through the Council and staff to ensure that they shape the assumptions for the community and be the official spokespeople for their communities. It was also 3 Burlingame City Council May 4,2009 Unapproved Minutes recommended that, whenever possible,public meetings should include information relative to the needs and interest of adjacent cities, to reinforce the need for each city to address the needs of their neighboring cities. Mayor Keighran opened the meeting to the public and the following spoke in favor of joining the High Speed Rail Consortium: Jerry Carlson, Mayor, Town of Atherton; Susan Castner-Paine, 728 Concord Way; Thomas Paine, 728 Concord Way; Charles Voltz, 725 Vernon Way; Russ Cohen, 605 Lexington. There were no further comments from the floor. Council discussion followed and each expressed their support or concerns about the High Speed Rail Memorandum of Understanding. Vice Mayor Baylock made a motion to join the High Speed Rail Consortium; seconded by Councilman Deal. The motion was approved by voice vote, 4-1 (O'Mahony dissented). 9. CONSENT CALENDAR a. ADOPT RESOLUTION NO. 41 DEDICATING THE SEWER USER FEES FOR REPAYMENT OF STATE REVOLVING FUND (SRF) LOAN FOR CONSTRUCTION OF THE STORM WATER RETENTION BASIN AT THE WASTEWATER TREATMENT PLANT (WWTP) DPW Murtuza requested Council adopt Resolution No. 41 establishing a dedicated source of revenue for repayment of the State Revolving Fund Financing Agreement for the planning, design and construction of an influent storm water retention basin at the Wastewater Treatment Plant. b. APPROVAL OF BURLINGAME CHAMBER OF COMMERCE REQUEST RELATIVE TO THE 2009 ART & JAZZ FESTIVAL CM Nantell requested Council approve the Burlingame Chamber of Commerce request for the Burlingame Art & Jazz Festival on August 8 & 9, 2009. Councilwoman O'Mahony made a motion to approve the Consent Calendar; seconded by Councilwoman Nagel. The motion was approved unanimously by voice vote, 5-0. 10. COUNCIL COMMITTEE AND ACTIVITIES REPORTS AND ANNOUNCEMENTS Council reported on various events and committee meetings each of them attended on behalf of the City. 11. PUBLIC COMMENTS Charles Voltz, 725 Vernon Way spoke about the Family Fun Bike Rides and Item 8a. There were no further comments from the floor. 12. OLD BUSINESS Council discussion included Walk of Fame eligibility; a representative for the Utility and Sustainability Task Force Group; Coastal Commission nominations; City's Cupola CLOSED SESSION: 4 Burlingame City Council May 4,2009 Unapproved Minutes CA Guinan advised that Council met in closed session and directed staff regarding the following: a. Conference with Labor negotiator pursuant to Government Code §54957.6(a): City Negotiators: Deirdre Dolan, Jim Nantell, Glenn Berkheimer(IEDA) Employee Organizations: AFSCME 829, AFSCME 2190, BAMM, Fire Administration, IAFF 2400, Police Administrators, Police Officers Association, Teamsters Local 856, and Department Head/Unrepresented 13. NEW BUSINESS 14. ACKNOWLEDGMENTS a. Commission Minutes: Planning, April 27, 2009 c. Letter from Comcast concerning international programming change d. Newsletter from International City Managers Association(ICMA) 15. ADJOURNMENT Mayor Keighran adjourned the meeting at 11:33 p.m. in memory of Barbara Lowrie, Elizabeth Nugent and Myrtle Potter. Respectfully submitted, Mary Ellen Kearney City Clerk 5 Burlingame City Council May 4, 2009 Unapproved Minutes 6a MINK AGENDA ITEM NO: BURLINGAME STAFF REPORT MEETING DATE: May 18,2009 TO: HONORABLE MAYOR AND CITY COUNCIL SUBMITTED BY: DATE: May 6, 2009 APPROVED BY: FROM: William Meeker, Community Development Director— (650) 958-7255 SUBJECT: PUBLIC HEARING TO CONSIDER ADOPTION OF AN ORDINANCE TO AMEND TITLE 25 OF THE BURLINGAME MUNICIPALE CODE (ZONING ORDINANCE) TO ALLOW UP TO FIVE ADDITIONAL FOOD ESTABLISHMENTS IN CERTAIN PORTIONS OF SUBAREA A OF THE BURLINGAME AVENUE COMMERCIAL AREA, TO ADD A DEFINITION FOR "READY-TO-EAT FOOD SHOP", AND TO CLARIFY THE PARKING REQUIREMENTS FOR SINGLE FAMILY DWELLINGS. RECOMMENDATION The City Council should: ■ Conduct a public hearing and consider all information contained in the staff report, and any written and oral testimony, after conclusion of the public hearing; ■ Adopt the ordinance, by title only, waiving further reading; and ■ Direct the City Clerk to publish a summary of the ordinance within 15 days of adoption. The public hearing for action was noticed in a newspaper of general circulation (San Mateo County Times) and mailed to property owners within Subarea A of the Burlingame Avenue Commercial Area on May 8, 2009. HISTORY City Council Introduction: On May 4, 2009, the City Council introduced the proposed ordinance to amend certain provisions of the Title 25 of the Burlingame Municipal Code. The Council, by a 4-1 (Council Member Deal dissenting) vote, introduced the ordinance, directed the City Clerk to publish a summary of the ordinance and set the date for the second reading of the ordinance on May 18, 2009. Planning Commission Action: On April 27, 2009, the Planning Commission reviewed the proposed amendments to the Zoning Regulations at a public hearing. At that meeting, two business owners commented on the proposal for adding five food establishments and for adding a definition for "ready to eat" food shop, with one owner requesting that the opportunity for five new food establishments should be extended to the block of Primrose Road between Burlingame Avenue and Chapin Avenue. It was also stated that restaurants are struggling downtown, businesses are cannibalizing each other, and the ready-to eat category would add more competition and hurt other businesses downtown. The Commission commented on the proposed size of "ready-to-eat" food shops, and thought that a 1,200 square foot limit might be too large, and suggested that the maximum floor area should be limited to 1,000 square feet. The Commission also thought that the opportunity for additional five full service restaurants could be extended to include properties within Subarea A on Primrose Road, between Burlingame Avenue INTRODUCE ORDINANCE AMENDING TITLE 25(ZONING ORDINANCE) May 18,2009 and Chapin Avenue. The Commission also commented on the proposal to clarify the parking requirements for single family homes,and asked if there might be a need to require more covered parking for homes with seven bedrooms or more. Staff indicated that we could review this concern as a separate matter in the future, but that the current inconsistency between the City's design review policies and regulations requires immediate clean-up.The Commission voted 6-0-1 (Commissioner Terrones was absent)to recommend the proposed changes to the Zoning Ordinance to the City Council for action with the two suggested changes. The proposed ordinance has been revised to reflect these changes. BACKGROUND Expand the Number of Food Establishments in Subarea A: The current food establishment regulations for Subarea A of the Burlingame Avenue Commercial District state that the number of food establishments shall be limited to those existing and in business on November 1, 1998 at the locations as shown on the Burlingame Avenue Commercial Area Subarea A Food Establishment by Type Tables, as approved by the City Council on October 18, 1999(C.S.25.36.043(b),refer to attached table). The regulations further state that when the number of total food establishments in this area drops below 40 for a period of more than twelve consecutive months,it shall be reported to the Planning Commission and Council. At the Joint Meeting of the City Council and Planning Commission held on March 21,2009, it was reported that the current number of food establishments in this area has dropped to 38. The City Council and Planning Commission directed that an ordinance amendment be drafted to allow an increase in the number of food establishments to enhance the economic vitality of the Burlingame Avenue Commercial Area. The City Council and Planning Commission also directed that staff look into allowing certain small snack-type establishments, such as yogurt shops and bakeries, to be considered as a retail use rather than a food establishment(see attached Joint Meeting Minutes dated March 21,2009). The proposed ordinance amendment would allow an increase of up to five additional food establishments. It is proposed that the five new restaurants be limited to only a full service food establishment,and limited to tenant spaces with frontages on the following streets: Burlingame Avenue between Primrose Road and EI Camino Real;on Primrose Road,Park Road and Lorton Avenue between Burlingame and Howard Avenues; and on the west side of Primrose Road between Burlingame and Chapin Avenues. As was the case when the number of food establishments was increased on Broadway,the location of the five new food establishments would be determined by the issuance of conditional use permits for the proposed new businesses. Once each new food establishment receives a conditional use permit and the food establishment begins operation,the location would become fixed and added to the Food Establishment by Type Table. The five new food establishments would be filled on a first come first served basis. Planning staff will accept and process the applications as they are received, and once the five applications are approved by the Planning Commission,no additional requests will be considered. When the Food Establishment by Type Table was first established in 1999, there were 46 food establishments in Subarea A of the Burlingame Avenue Commercial Area, and there are now 38 food establishments on the list. If all five food establishments are added, there would be a total of 43 food establishments. Ready-to-Eat Food Shop: At the March 21,2009 Joint Meeting,the City Council and Planning Commission also directed that staff look into allowing certain small snack-type establishments,such as yogurt shops and bakeries,to be considered as a retail use rather than a food establishment. Staff is proposing that a new definition be added to the Zoning Regulations which defines a 'ready-to-eat food shop"as follows: "Ready-to-eat Food Shop"means an establishment which sells food that is ready to eat at the time of sale to be consumed either on the premises or off the premises,with no more than 150 square feet of seating area -2- INTRODUCE ORDINANCE AMENDING TITLE 25(ZONING ORDINANCE) May 18, 2009 and a gross floor area of no more than 1,000 square feet. Full service kitchens are not allowed in 'Ready-to- eat Food Shops". A Ready-to-eat Food Shop shall be considered a general retail use. 'Ready-to-eat Food Shops" shall include shops that sell food such as bakery items, ice cream, yogurt, beverages, and similar items. Once this definition is added to the code, a business that meets this definition could locate in any commercial zone that allows retail uses by right. Parking Requirements for Single Family Homes: During a recent code clean up of various sections of the Municipal Code, the parking requirements for single family dwellings were inadvertently revised to require two covered parking spaces for any new single family home regardless of the number of bedrooms. In 1998, when the code was amended to establish design review and revise the R-1 standards to implement the design review process, the code was amended to require one covered parking space for an existing or new home with up to four (4) bedrooms. Two covered parking spaces are required for new homes or additions to existing homes with five (5) or more bedrooms. The proposed ordinance amendment would revert to the requirement that has been in place since 1998 based on the number of bedrooms in the home, regardless of whether it is a new home or an addition to an existing home. Environmental Review Status: The proposed changes to the Zoning Regulations to increase the number of food establishments, add a definition for ready-to-eat food shop and to clarify the parking requirements for single family homes are Categorically Exempt from review pursuant to the California Environmental Quality Act (CEQA), per Section 15305 of the CEQA Guidelines. The proposed changes do not represent a change to the type or intensity of use allowed within the current zoning for the area, and would be considered minor alterations to land use limitations, which are exempt from environmental review. Attachments: • April 27, 2009 Planning Commission Minutes • Email from Kirk Syme dated April 27, 2009 • April 27, 2009 Planning Commission Staff Report • April 13, 2009 Planning Commission Minutes • Photos — Examples of Retail Spaces Less than 1200 Square Feet • March 21, 2009 Joint City Council/Planning Commission Meeting Minutes • Revised Food Establishment by Type Table for Burlingame Avenue Commercial Area, Subarea A • Map of Subarea A of the Burlingame Avenue Commercial District Depicting Proposed Areas for Five Additional Food Establishments • Notice of City Council Public Hearing (Published in the San Mateo Times & mailed to property owners and merchants within Subarea A of the Burlingame Avenue Commercial Area • Proposed Ordinance Amending Title 25 of the Burlingame Municipal Code (Zoning Code) S:IREPORT=ode AmendmenW2009 Food Establishments&R-1 ParkinglCC Intro Add Food Est Burl Ave.05.04.09.doc -3- CITY OF BURLINGAME PLANNING COMMISSION— Unapproved Minutes April 27, 2009 5. AMENDMENT TO TITLE 25 OF THE BURLINGAME MUNICIPAL CODE(ZONING CODE)TO ALLOW UP TO FIVE ADDITIONAL FOOD ESTABLISHMENTS IN CERTAIN PORTIONS OF SUBAREA A OF THE BURLINGAME AVENUE COMMERCIAL AREA, TO ADD A DEFINITION FOR "READY-TO-EAT FOOD SHOP" AND TO CLARIFY THE PARKING REQUIREMENTS FOR SINGLE FAMILY DWELLINGS. Reference staff report dated April 27, 2009, with attachments. Community Development Director Meeker presented the report, reviewed criteria and staff comments. Chair Cauchi opened the public hearing. Commission comments: • Clarified location of property at 329 Primrose Road. Public comments: Kirk Syme, 330 Primrose Road; Riyad Salma, 1375 Burlingame Avenue, spoke: Would like 329 Primrose Road to be included within the area for new full-service restaurant use. • Supports goal of enhancing the economy of the downtown. • Restaurants are struggling downtown, businesses are cannibalizing each other;should not increase the number of new full-service restaurants. • Ready-to-eat category would add more competition and could hurt the other businesses downtown. There were no further comments and the public hearing was closed. Additional Commission Comments: • Perhaps 1,200 square feet is too large for a "ready-to-eat" food shop, could be tempted to install a kitchen; perhaps smaller space of 750 or 1,000 square feet is appropriate;there was consensus for establishing a 1,000 square foot limit. • There was consensus for adding Primrose Road, north of Burlingame Avenue into the area for new full-service restaurants. • Could food services occur on Safeway property? (Meeker—the application does not include any new food service uses at this time, other than the typical uses within a modern Safeway supermarket.) • With respect to single-family parking, could there be a need for greater parking requirements for homes with more bedrooms; e.g. 7 or 8 bedrooms? (Meeker — encouraged recommending the "clean-up"of the parking standards as outlined in the staff report; but could have future discussion of need for greater parking for larger homes by subcommittee.) Commissioner Vistica moved to recommend to the City Council adoption of the amendments, with the following modifications: • Reduce the "ready-to-eat"maximum floor area to 1,000 square feet. • Include properties lying within Subarea A on Primrose Road, between Burlingame Avenue and Chapin Avenue, within the area for an additional 5 full-service restaurants. The motion was seconded by Commissioner A uran. Discussion of motion.' 8 CITY OF BURLINGAME PLANNING COMMISSION — Unapproved Minutes April 27, 2009 ■ Appreciated Mr. Sa/ma's expert input on this matter. Chair Cauchi called for a voice vote on the motion to approve. The motion passed 6-0-1 (Commissioner Terrones absent). The Planning Commission's action is not appealable. This item concluded at 8:14 p.m. 9 Amendment to Title 25 of Muni Code Agenda Item #5 - 04.27.09 PC Mtg. CD/PLG-Meeker, William From: CD/PLG-Love, Patricia Sent: Monday, April 27, 2009 1:50 PM To: CD/PLG-Meeker, William; CD/PLG-Brooks, Maureen Subject: food establishment changes From: Kirk Syme [mailto:ksyme@woodstockdevelopment.com] Sent: Monday, April 27, 2009 1:30 PM To: CD/PLG-Love, Patricia Subject: RE: food establishment changes Patricia, I am the owner of a 9,000 sq ft two-story building located at 329 Primrose Rd. I would like to request that my property be included in the amendment to Title 25 of the Burlingame Municipal Code regarding additional food establishments in certain portions of Subarea A of the Burlingame Ave Commercial Area. First, my building is close to ample public parking(lots A and C)which makes it a very viable location for a restaurant. Second,there are several vacancies on our block. A restaurant would increase foot traffic on our block and help with the other retail establishments on our block. Also, it seems somewhat arbitrary that Primrose Ave south of Burlingame Ave is included and the North is not. Third,the first floor, approximately 4,500 sq ft, is an ideal size for a restaurant full-service restaurant. I would be happy to meet with you to discuss this further. Thank You, Kirk C. Syme Woodstock Development, Inc 330 Primrose Rd Suite 203 Burlingame, CA 94010 650-579-1901 1 City of Burlingame Amendment to Title 25 of the Municipal Code(Zoning Ordinance)regarding item No. Action Calendar Burlingame Avenue Food Establishments,Definition of Ready-to-eat Food Shop"and to Clarify Parking Requirements for Single Family Dwellings Meeting Date:4/27/09 Proposal: Amendment to Title 25 of The Burlingame Municipal Code to Allow up to Five Additional Food Establishments in Certain Portions of Subarea A of the Burlingame Avenue Commercial Area,to Add a Definition for"Ready-to-eat Food Shop",and to Clarify the Parking Requirements for Single Family Dwellings Environmental Review Status: The proposed changes to the zoning code to increase the number of food establishments,add a definition for ready-to-eat food shop and to clarify the parking requirements for single family homes are Categorically Exempt from review pursuant to the California Environmental Quality Act (CEQA), per Section 15305 of the CEQA Guidelines. The proposed changes do not represent a change to the type or intensity of use allowed within the current zoning for the area,and would be considered minor alterations to land use limitations,which are exempt from environmental review. Planning Commission Study Meeting: On April 13, 2009,the Planning Commission reviewed the proposals to amend the zoning code and provided comments (refer to attached 4/13/09 Planning Commission Minutes). There were no comments regarding the correction to the parking requirements. Regarding the proposal to add five new food establishments in portions of Subarea A,Commissioners suggested that the code provision allowing the opportunity to revisit the number of restaurants once the number drops below 40 be retained. The proposed ordinance has been revised to allow this option to remain. Commissioners had several comments regarding the proposal to add a definition for"snack shops". It was suggested that the definition should be revised to reflect the method of delivery of the food versus the type of food (snacks). Based on this discussion, the definition has been revised and the classification is now proposed to be identified as 'ready-to-eat food shops". The Commission also suggested that we look at establishing a maximum total floor area for these types of businesses,not just a maximum seating area. Staff took an informal surrey of existing tenant space sizes in the Burlingame Avenue Commercial Area. There are quite a few(more than 20)smaller tenant spaces, ranging from about 500 square feet to 1100 square feet that could accommodate a small ready-to-eat facility. The attached photos depict three of these tenant spaces that are now for lease. It was also noted that some of the smaller limited food establishments fall in this range,and a few of the specialty and full service restaurants are about 1500 square feet. Based on this informal survey, staff is proposing that the maximum tenant space size for a'ready-to-eat food shop should be 1200 square feet of gross floor area. Commissioners also asked about the existing food establishments on the list which might qualify as ready-to-eat food shops, and whether being reclassified would open up more food establishment opportunities. The existing regulations limit the location of the food establishment to the property where they existed when the list was first created in 1998,so reclassifying a food establishment as a ready-to-eat food shop would not necessarily open up another opportunity,unless there was a tenant space available located on the same property. It is suggested that these food establishments remain on the list, and if a property owner wished to pursue a reclassification based on an available tenant space on their property,the property owner could request the reclassification. Ordinance Amending Title 25(Zoning Code) April 27, 2009 Burlingame Avenue Food Establishments, Definition of Ready-to-eat Food Shop,and Parking Requirements for Single Family Dwellings BACKGROUND: Expand the Number of Food Establishments in Subarea A: The current food establishment regulations for Subarea A of the Burlingame Avenue Commercial District state that the number of food establishments shall be limited to those existing and in business on November 1, 1998 at the locations as shown on the Burlingame Avenue Commercial Area Subarea A Food Establishment by Type Tables, as approved by the City Council on October 18, 1999 (C.S. 25.36.043 (b), refer to attached table). The regulations further state that when the number of total food establishments in this area drops below 40 for a period of more than twelve consecutive months, it shall be reported to the Planning Commission and Council. At the Joint Meeting of the City Council and Planning Commission held on March 21, 2009, it was reported that the current number of food establishments in this area has dropped to 38. The City Council and Planning Commission directed that an ordinance amendment be drafted to allow an increase in the number of food establishments to enhance the economic vitality of the Burlingame Avenue Commercial Area. The City Council and Planning Commission also directed that staff look into allowing certain small snack-type establishments, such as yogurt shops and bakeries, to be considered as a retail use rather than a food establishment. The proposed ordinance amendment would allow an increase of up to five additional food establishments. It is proposed that the five new restaurants be limited to only a full service food establishment, and limited to tenant spaces with frontages on the following streets: Burlingame Avenue between Primrose Road and EI Camino Real; and on Primrose Road, Park Road and Lorton Avenue between Burlingame and Howard Avenues. As was the case when the number of food establishments was increased on Broadway, the location of the five new food establishments would be determined by the issuance of conditional use permits for the proposed new businesses. Once each new food establishment receives a conditional use permit and the food establishment begins operation, the location would become fixed and added to the Food Establishment by Type Table. The five new food establishments would be filled on a first come first served basis. Planning staff will accept and process the applications as they are received, and once the five applications are approved by the Planning Commission, no additional requests will be considered. When the Food Establishment by Type Table was first established in 1999, there were 46 food establishments in Subarea A of the Burlingame Avenue Commercial Area, and there are now 37 food establishments on the list. If all five food establishments are added, there would be a total of 43 food establishments. Ready-to-eat Food Shop: At the March 21, 2009 Joint Meeting, the City Council and Planning Commission also directed that staff look into allowing certain small snack-type establishments, such as yogurt shops and bakeries, to be considered as a retail use rather than a food establishment. Staff is proposing that a new definition be added to the zoning code which defines 'ready-to-eat food shop" as follows: "Ready-to-eat Food Shop" means an establishment which sells food that is ready to eat at the time of sale to be consumed either on the premises or off the premises, with no more than 150 square feet of seating area and a gross floor area of no more than 1200 square feet. Full service kitchens are not allowed in "Ready-to-eat Food Shops". A Ready-to-eat Food Shop shall be considered a general retail use. 'Ready-to-eat Food Shops" shall include shops that sell food such as bakery items, ice cream, yogurt, beverages, and similar items. -2- Ordinance Amending Title 25(Zoning Code) April 27, 2009 Burlingame Avenue Food Establishments, Definition of Ready-to-eat Food Shop, and Parking Requirements for Single Family Dwellings Once this definition is added to the code, a business that meets this definition could locate in any commercial zone that allows retail uses by right. Parking Requirements for Single Family Homes: During a recent code clean up of various sections of the municipal code, the parking requirements for single family dwellings were inadvertently revised to require two covered parking spaces for any new single family home regardless of the number of bedrooms. In 1998, when the code was amended to establish design review and revise the R-1 standards to implement the design review process, the code was amended to require one covered parking space for an existing or new home with up to four(4) bedrooms. Two covered parking spaces are required for new homes or additions to existing homes with five (5) or more bedrooms. The proposed ordinance amendment would revert to the requirement that has been in place since 1998 based on the number of bedrooms in the home, regardless of whether it is a new home or an addition to an existing home. PLANNING COMMISSION ACTION: The Planning Commission should conduct a public hearing and consider public testimony and the analysis contained in the staff report. Following the public hearing the Commission may considere two alternatives: 1. Recommend the proposed ordinance to the City Council for action; or 2. Direct staff to make adjustments to the ordinance and refer it back to the Commission for reconsideration and action. Maureen Brooks Planning Manager Attachments: April 9, 2009 Planning Commission Minutes March 21, 2009 Joint City Council/Planning Commission Meeting Minutes Revised Food Establishment by Type Table for Burlingame Avenue Commercial Area, Subarea A Map of Subarea A of the Burlingame Avenue Commercial District Depicting Proposed Areas for Five Additional Food Establishments Notice of Public Hearing (Published in the San Mateo Times & mailed to property owners and merchants within Subarea A of the Burlingame Avenue Commercial Area Proposed Ordinance Amending Title 25 of the Burlingame Municipal Code (Zoning Code) S'REPORTSICode Amendments12009 Food Establishments B R-1 ParkingWdd Food Est Bud Am.PC Action.04.27.09.doc -3- CITY OF BURLINGAME PLANNING COMMISSION — Unapproved Minutes April 13, 2009 VI. STUDY ITEMS 1 . 1616 ROLLINS RO , ZONED RR — APP (CATION FOR MITI ATED NEGATIVE DECL RATION, CREEK ENCLOS E PERMIT AND AM DMENT TO CON DIT NAL USE PERMIT FOR RKING IN THE DRAINA EASEMENT (GEOF BURNS, APPLICA , SANJAYLYN COMPAN , PROPERTY OWNER; LEA & BRAZE ENG( ERING INC. ENG( ER STAFF CONTACT: UBEN HURIN Com nity Development Dire r Meeker presented ummary of the staff repo , dated April 13, 2009. mmission comments: ■ Cammisa Hyu ai is parking at the site w; clarify if these are the ade-in vehicles and in runnin order; there i also a boat trailer on th property. ■ Regarding a one-way ramps for th red-legged frog; consider condition that requires the is to be clea d-out periodically. ■ Ther ort indicates that with res ect to habitat enhanceme , the applicant may either d planting or pay n in-lieu fee, what would e the amount of the in-lie fee? (Meeker — will rese h.) ■ W at will the applicant do f habitat enhancement? ( eeker — will research.) Thi item was set for the regul rAction Calendar when al he information has been s miffed and reviewed the Planning Departme . This item concluded at . 12 p.m. 2. AMENDMENT TO TITLE 25 OF THE BURLINGAME MUNICIPAL CODE (ZONING CODE) TO ALLOW UP TO FIVE ADDITIONAL FOOD ESTABLISHMENTS IN CERTAIN PORTIONS OF SUBAREA A OF THE BURLINGAME AVENUE COMMERCIAL AREA, TO ADD A DEFINITION FOR "SNACK SHOP", AND TO CLARIFY THE PARKING REQUIREMENTS FOR SINGLE FAMILY DWELLINGS. STAFF CONTACT: MAUREEN BROOKS Planning Manager Brooks presented a summary of the staff report, dated April 13, 2009. Commission comments: ■ With respect to the additional five (5) food establishments; why remove the requirement to re-visit once the number of restaurants drops below 40? (Brooks — unlikely that it will ever drop below 40 again; but could remain in as an option.) ■ Clarify that snack shops must be "maintained and operated" as such. ■ Consider adding language to ensure that existing businesses that may qualify as a snack shop will retain the flexibility to remain food establishments. ■ Clarified the rationale for the revising the definition for snack shops was to not impact the bona fide food service uses. ■ Perhaps look at the method of delivery of food, versus the type of food; for example, consider classifying such businesses as "ready to eat" food sales. ■ Consider establishing a maximum floor area for the business if staff feels it has merit. This item was set for the regularAction Calendar when all the information has been submitted and reviewed by the Planning Department. This item concluded at 7:26 p.m. 2 EXAMPLES OF RETAIL SPACES LESS THAN 1200 SQUARE FEET j ��.,�e� .t+:3 •=�mss+. i�� j�.d 4e. t is i \R7 R �a FOR LEASE C Z HO(ip 6 = . 363 Primrose Road 650 Square Feet 1 EXAMPLES OF RETAIL SPACES LESS THAN 1200 SQUARE FEET f 4 - ,4) OLEAVAUILLABLE Ofi i m Todd Oliver M�e�asta M,,,-,e r'os#a ssaa�as zapo i 1411 Burlingame Avenue 1056 Square Feet 2 '7r � s r � � � s'Y d � A'e- ,►.. #1 � x r.. rsys z ae+ ► �:r .; t P 7 7 r 77 77 �--� J ¢N P a .s ' .. all SM a�E. g W ' e $ 4#I tint b i I V a. Zf ;A7$ IBM ti•. 0 <�. J! y. JCI tom¢, n2�•'��;� Am 17, s � 1. :. � '• ryY'' n... a - $ b' in ,._ __ ..,rr ...«.tT w T lla...A!a= �! •t {., ','N°tY..P.{ �..s ",.«.Y 1 tI E f a I s nt a w ,=r off • Joint City Council/Planning Commission Meeting BURL SUBJECT TO APPROVAL BY THE PLANNING COMMISSION (Approved by the City Council on April 6, 2009) Saturday, March 21, 2009—9:00 a.m. to 12:00 p.m. ■ Food Service Uses within the Burlingame Avenue Commercial Area, Subarea A Staff was directed to proceed with its suggestion to amend the Zoning Regulations regarding establishments that serve"snack"type items rather than full meals, and also to proceed with an amendment that would create the opportunity for up to five (5) additional full-service restaurant spaces on Lorton Avenue, Park Road and Primrose Road, between Burlingame Avenue and Howard Avenue; and also on Burlingame Avenue, west of Primrose Road and east of EI Camino Real. FROM THE FLOOR The following individuals spoke om the floor: Stephen Hamilton; Sean 'tonek; Brian and Linda Murphy; Jeff Londer; and Pat Giorni. Commen included: make more information avail le to the community on-line; a concern regarding lack of code enfo ement and enforcement of project condit ns; the possibility of placing recordings of the Planning Commission eetings on the web; protect the integrity f the appeal process; consider fines or other penalties for parties that ma e"as-built" changes to projects before re iving Planning Commission authorization for the changes; comments on a proposed amendment to the Demolitio Ordinance regarding early demolition; and a suggestion that any changes the City's parking standards be reviewe by the Traffic, Safety =MENT Commission. OF WORK PLAN PRIORITIES FOR HE FY 2009-2010 PLANNING DIVISIO PLANNING COMMISSIONWORK PROGRAM The following are t FY 09-10 Work Program items for the Com unity Development Department: ■ Permit increased nsity in new multi-residential housing. ■ Encourage Downtown lingame Business Association to re-estab ' h BID and work with downtown property owners and bus' ses for increased accountability in regard cleanliness in front of and in back of properties. Also explore a 'i nal fees from property owners to assis ' funding infrastructure improvements in downtown. ■ Work with Planning Commission Neig orhood Consistency Sub Committee to c nge process to ensure that people adding large heating/air con ;pning units on their rooftops are require provide an attractive way of shielding them visually from ne. hbo . • ce the transition to the new Gran us online re rding has been up and running success Iiy for a six mo hs, explore providing searchable audio copies Planning Commission meetings online Web strea ' 9 and listening after meetings. ■ Explore me s of assuring that projects approved by the Ci are built in accordance with approved fans (e.g. through quirement of deposits, or other means of assu nce from the project proponent) ■ Explore the creatio of greater flexibility in the City's parking standa s. ■ Develop a design revie rocess for properties situated within R-2, R-3 d R-4 zoning districts. ■ Develop a policy regarding the maximum percentage of impervious surface f rope rties that are subject to development or redevelopment. Exhibit A Burlingame Avenue Commercial Area, Subarea A, Food Establishments by Type Table Revised April 8, 2009 Address Name of Business Category Seating Area 1 1100 Burlingame Ave_ I Straits Cafe _ _ ti_Full Service _ — i_` 1,811 SF 2 1101 Burlingame Ave Mijaaa i Full Service 1,187 SF (vacant-to be replaced) (combined former food ' establishments at 297 &299 I California Drive 3 1108 Burlingame Ave/ j YaYa Cuisine ! Full Service 1200 SF 303-305 California Dr. (vacant-to be replaced) i + 1,685 patio area at i 1108 Burlingame Ave. and 735 SF at 303-305 California Dr. Total Seating: 3620 SF 1121 e. Sweet s FmAnd SeFV6G8 � 249 Rr= I 1 (vasaRt) (replaced by Nectar Lounge at 270 Lorton-part of same prope 1123 Burlingame Ave. La Corneta Full Service 729 SF 5 1125 Burlingame Ave. Bonarda _ Full Service 875 SF 1152 B FIORgarvme Ave I Noah's Bag Feed SeFv'Ge ' RARe _ (replaced with retail use) ! .._.......... 6 1160 Burlingame Ave. Starbucks Limited Food Service 331 SF 1205 BUFlingame Ave. 'tvPinata (replaced by Quickly ill-88FVi6@ 895 SF _ at 283 Lorton-part of same ----...----.................... ; Property) —_ 7 1207 Burlingame Ave. 1 Round Table Pizza --i Specialty Food Shop ; 785 SF 8 1213 Burlingame Ave. 1 Mingalaba RestaurantFull Service 500 SF 9 1216 Burlingame Ave. CopenhagenBake�_—_�— Full Service _ ! 980 SF _ 10 1219 Burlingame Ave. Cafe La Scala Full Service — 1 960 SF 11 1308 Burlingame Ave. The Cakery Limited Food Service 138 SF _ 12 1309_Burlingame Ave. Peet's Coffee and Tea Limited Food Service ( 187 SF -- 13 1310 Burlin ame Ave. i Crepevine Full Service i 1,269 SF__ 14 1318 Burlingame Ave. Mediterranean Kabob Specialty Food Shop I _ 434 SF 15 1401 Burlingame A Burger Joint __ Full Service 572 SF 16 1407 Burlingame Ave. i Le Croissant Cafe Limited Food Service —_— 125 SF _- 17 1408 Burlingame Ave. , Alana's _ ! Full Service _--_ — --266 SF 18 1409 Burlin ame Ave. Baskin-Robbins — Limited Food Service 1 128 SF 1419 Burlingame Ave Le n FYII SGFVIGe -- 275 S€ (replaced with retail) Te'a' SeatiRg- 775 SP 1 a0g S€- ie 19 1425 Burlingame Ave. La Boheme _ _Full Service 936 SF 14 2O.A.R,WORgame Ave. i alasar}tI_re laced with retail1 _ 4�A SF -- -._.____,.---.-.—_-- 1420G BUFIinnome� VasaPA-(replaced with retail) ISO Rrm 20 1447 Burlingame Ave. ; Sapore Italiano Ristorante I Full Service 628 SF (1 floor) 216 SF (mezzanine) _Total Seating: 844 SF _ 21 1448 Burlingame Ave. Hola! Mexican Restaurant& I Full Service �- —2,684SF Cantina 22 1451 Burlingame Ave. j Isobune Sushi Full Service 934 SF — - --� ---- —..._._._.......... _._.. 23 1453 Burlingame Ave. I Panda Express Specialty Food Shop 1,119 SF S:IFOOD REGSIUpdated TablesOurlingame.2009.doc 1 Exhibit A Burlingame Avenue Commercial Area, Subarea A, Food Establishments by Type Table Revised April 8, 2009 Address Name of Business Category Seating Area e (replaced by restaurant at 1101 Burlin amei. , .......... ._.__—..— O�D(`olifnrn is rlrivo € I imited Feed SeFViGe e t (replaced by restaurant at 1101 Burhname) 24 1215 Donnelly Ave — St Clair's Limited Food Service 1 323 SF 25 220 Lorton Ave. ' Alibi Bar 475 SF ......__...__...______.__........_.__......_....__—..._._-1..._-._.____._._._._...._._..--..._......_.....__........—._.-._—__. .__—._._.--_____...__._....--__...._----___........--_...__...—.___—_.__.._.._.. 26 246 Lorton Ave. Paddy Flynn's Bar 475 SF 27 250 Lorton Ave. Zeyno 1 Full Service- —_ _ __ 625 SF-.--.- 28 F - -28 260 Lorton Ave._ House of Bagels — _ _ _ _ } Limited Food Service + _— none _..._.____.._...._...._.. 29 266 Lorton Ave. Trapeze Restaurant I Full Service 376 SF 30 270 Lorton Ave. i Nectar Lounge (Replaced Full Service 1074 SF 1 Sweet Treats at 1121 Burlingame Avenue-part of .........__same property�__......-----.._._...—_...____-!.--.-----..._..---...---._._._ _..___—.._._._...._._..._-.--.--.._.._._._ 31 283 Lorton Ave. Quickly Limited Food Service ? 50 SF (replaced La Pinata at 1205 1 Burlingame in same bulldinc,� 32 322 Lorton Ave. Ecco Full Service 1,500 SF ._---_-.._t-- ---.—_ . -- --—__—_ —--- ____—----------- ------_-— — ------ 33 221 Park Rd. 1 Vinyl Room 1 Bar _ 611 SF_ 34 231 Park Rd. Narin Thai Cuisine Full Service 338 SF _-- ____...._. ----.---------.___........ ------ _--_.-- 35 240 Park Rd. Sakae Sushi I Full Service 250 SF - -----._—_—------- _.. _ --- ---...._—_.------�——--._._—____.._....._._..-._------ 224 Drimrnco Dr! i ViaRR!' i F ill�P.XOGc 551 S€ fe Ip aced with retail _ —....__......_....... ._...._.._.—._..--- _ —- --............---------- ')Qil Drimrnco Drl. 562 SP (;Rdoer) (replaced with retail) 90 SF (eutdeei:PGFGh) 7RD Dry Ofl_ OR iBar e �1=— (replaced with retail)___ 36 290 Primrose Rd. CJ's Sandwich Shop Limited Food Service ' 66 SF (indoor) ! 329 SF (roof deck) Total Seatin : 395 SF _- - --------._—_ ;_....---........._...._............_......._._.._..............._._ __ ---.._.._._......_.. -� 37 321 Primrose Rd. Piazza Italia Cafe Full Service 288 SF 38 347 Primrose Rd. Barracuda ; Full Service 921 SF TOTALS BY TYPE OF FOOD ESTABLISHMENT October 18 1999 1 March 21,20,05 1 April 82009 —j Full Service1 23 1 22 1� 23 _ __._._.._.----..---...__....__........__._....._:._.__.___.__..._........_ 1 Specialty.Food Sho _ 55 3 _._._.-_...... _�_..—. — .—._......._..--...._..�_..._—._._... Limited Food Service 14 11 9 Bar — Total Food Establishments 46 41 38 ' When the total number of food establishments in the Burlingame Avenue Commercial Area drops below forty (40) for a period of twelve consecutive months, the Community Development Director shall report this to the Planning Commission and City Council. z Last action to replace 2 food establishments with retail—Anthropologie replaced Chicken! Chicken!And Yianni's at 220 and 224 Primrose—building permit for retail use finaled on March 23,2007. S:IFOOD REGSIUpdated TablesOurlingame.2009.doc 2 btihbryl Burlingame Avenue :........: EstaormmSubarea A blis by Ordinance Distr' ,,,,,,,,� OJV y pted by City Council on February 1, 2 Potential Locations <�FOR for 5 new Food JPO ' N/q�R Establishme s � p y �1 ANSK AI.F �s+ Q� X33 �"yyy�'.,p�y •♦ u ame F.p Q` ,ti°' � ♦ ,��, 333 ••• Tra BzIinp e O JJ� �'� y`` ation fit • F ty ,,• �v�' T ���. ti o• ° '1 city 'F Parking 3�` a ♦ /._ Lot D ��� Jis Jo'1, ♦ '"Y`ST Burlingame 1 �3�5 Libre ''37 Oy ♦ 'V ry Parking Parkin ng 33031 'i Lot M ♦ city a cryo Parking \` d,PF ti1a y Lot A ,J1 i bd �'� C aQ City 44 �� ♦ Parking qDO hJ $1 34 Lot C P J 1? FR RD ''fig, ♦♦•♦•♦ ' ,J� ,�9F '��'° O� 10.136 �i'Q�Q ,J� JFJ F'? ♦1 J' 13 ♦ do {P,FJ3J"c°° tc , c ya1 33$0 ° MVV F19 133q: $y ��� � Jl 'Fs A9 PEot E9 Post •�♦j� '-Q ° Office I ccityv JF e110 G ,4s Parking �F°S,. �/ Cfft o Loth �'» ,Jy,°� Parkying Chax9T FF J, v�,s �, J��FJ�,i tib 'J" LOt J B • , '`�� Parkin 249 M♦ �'Y� Q. 9 �� N 164 ` Lot K 1 �� JFsaj.P ♦ Qa P 8441, P Q RFA � City ' {h Lot K JC` Ac9 41 P 45 Churc g � d X39 �4 Py5 m V t cc�ist 13 15���0 S. therines CITY OF BURLINGAME i COMMUNITY DEVELOPMENT DEPARTMENT _ 4v21-5 BURLINGAME 501 PRIMROSE ROAD BURLINGAME, CA 94010 �. Q-- 'F = 1 j `` ' PH: (650) 558-7250 • FAX: (650)6bi' 9ECA www.burlingame.org In'.j ;•-°? � n Mailed F!Vn ';ep LaS POSTAGE Amendment to Title 25 of Municipal Co e The City of Burlingame City Council announces the following public hearing on PUBLIC HEARING MONDAY,May 18,2009 at 7:00 P.M.in the City Hall Council Chambers,501 NOTICE Primrose Road,Burlingame,CA: The City of Burlingame City Council will hold a public hearing to consider an amendment to Title 25 of the Burlingame Municipal Code,the Zoning Ordinance,to allow up to five additional food establishments in certain portions of Subarea A of the Burlingame Avenue Commercial Area,to add a definition for"ready-to-eat food shop,"and to clarify the parking requirements for single family dwellings. The staff report for this item may be reviewed prior to the meeting at the Community Development Department, Planning Division at 501 Primrose Road, Burlingame, California. For additional information,please call(650)558-7250. Mailed: May 8,2009 (Please refer to other side) City of Burlingame A copy of the application and plans for this project may be reviewed prior to the meeting at the Community Development Department at 501 Primrose Road, Burlingame, California. If you challenge the subject application(s) in court, you may be limited to raising only those issues you or someone else raised at the public hearing, described in the notice or in written correspondence delivered to the city at or prior to the public hearing. Property owners who receive this notice are responsible for informing their tenants about this notice. For additional information, please call(650) 558-7250.Thank you. William Meeker Community Development Director PUBLIC HEARING NOTICE (Please refer to other side) 1 ORDINANCE NO. z ORDINANCE OF THE CITY OF BURLINGAME AMENDING CHAPTER 25.36 OF TITLE 25 OF THE 3 BURLINGAME MUNICIPAL CODE TO ALLOW UP TO FIVE ADDITIONAL FOOD ESTABLISHMENTS IN CERTAIN PORTIONS OF SUBAREA A OF THE BURLINGAME AVENUE COMMERCIAL AREA,T 4 ADD A DEFINITION FOR"READY-TO-EAT FOOD SHOP"AND TO ALLOW READY-TO-EAT FOOD SHOPS AS A RETAIL USE,AND TO AMEND CHAPTER 25.70.030 TO CLARIFY THE PARKING 5 REQUIREMENTS FOR SINGLE FAMILY DWELLINGS 6 The CITY COUNCIL OF THE CITY OF BURLINGAME does hereby ordain as follows: 7 Section 1. The current food establishment regulations for Subarea A of the Burlingame Avenue 8 Commercial District state that when the number of total food establishments in this area drops below 40 9 for a period of more than twelve consecutive months,it shall be reported to the Planning Commission and 10 Council. At the Joint Meeting of the City Council and Planning Commission held on March 21,2009,it 11 was reported that the current number of food establishments in this area has dropped to 38. The City 12 Council and Planning Commission directed that an ordinance amendment be drafted to allow an increase 13 in the number of food establishments to enhance the economic vitality of the Burlingame Avenue 14 Commercial Area. The City Council and Planning Commission also directed that staff look into allowing 15 certain small snack-type establishments,such as yogurt shops and bakeries,to be considered as a retail 16 use rather than a food establishment. 17 Section 2. During a recent code clean up of various sections of the municipal code,the parking 18 requirements for single family dwellings were inadvertently revised to require two covered parking spaces 19 for any new single family home regardless of the number of bedrooms. In 1998,when the code was 20 amended to establish design review and revise the R-1 standards to implement the design review 21 process,the code was amended to require one covered parking space for an existing or new home with 22 up to four(4)bedrooms. Two covered parking spaces are required for new homes or additions to existing 23 homes with five(5)or more bedrooms. It is the purpose of this ordinance to revert to the requirement that 24 has been in place since 1998. 25 Section 3. Section 25.08.590-1 is added to read as follows: 26 25.08.590 Ready-to-eat Food Shop 27 'Ready-to-eat Food Shop"means an establishment which sells food that is ready to eat at the 28 time of sale to be consumed either on the premises or off the premises,with no more than 150 square 29 feet of seating area and a gross floor area of no more than 1000 square feet. Full service kitchens are 30 not allowed in'Ready-to-eat Food Shops". A Ready-to-eat Food Shop shall be considered a genera 31 retail use. "Ready-to-eat Food Shops"shall include shops that sell food such as bakery items,ice cream 32 yogurt,beverages,and similar items. -1 I Section 4. Section 25.36.043 is amended to read as follows: 2 25.36.042 Food establishments in the Burlingame Avenue Commercial Area. 3 (a) Applicability. The provisions of this section shall only apply to food establishments in the 4 Burlingame Avenue Commercial Area, subarea A. 5 (b) In subarea A of the Burlingame Avenue Commercial Area, the number of food 6 establishments shall be limited as follows: 7 (1) to those existing and in business on November 1, 1998, and at the locations as shown on 8 the Burlingame Avenue Commercial Area subarea A Food Establishments by Type Tables approved by 9 the city council on October 18, 1999.A food establishment is a business as defined in Section 25.08.268 10 and shall be deemed in business if it was legally open for business as a food establishment to the public 11 on November 1, 1998; and 12 (2) Up to five (5)more food establishments in Subarea A of the Burlingame Avenue 13 Commercial District, limited to tenant spaces with frontages on the following streets: Burlingame Avenue 14 between Primrose Road and EI Camino Real; on Primrose Road, Park Road and Lorton Avenue between 15 Burlingame and Howard Avenues; and on the west side of Primrose Road between Burlingame and 16 Chapin Avenues, so long as any such food establishment is limited to only a full service food 17 establishment upon approval of a conditional use permit. 18 (c) Seating Area.The seating area of the food establishments described in subsection (b)of 19 this section as shown on the Burlingame Avenue Commercial Area subarea A Food Establishments by 20 Type Tables approved by the city council on October 18, 1999, above may be enlarged only by 21 amendment to the applicable conditional use permit for the establishment. 22 (d) Changes in Classification and Replacement. 23 (1) A food establishment use classified as a full service restaurant by the Burlingame Avenue 24 Commercial Area subarea A Food Establishments by Type Tables approved by the city council on 25 October 18, 1999, may change its food establishment classification only to a limited food service or bar 26 upon approval of an amendment to the conditional use permit to the establishment. 27 (2) A food establishment use classified as a limited food service by the Burlingame Avenue 28 Commercial Area Subarea A Food Establishments by Type Tables approved by the city council on 29 October 18, 1999, may change its food establishment classification only to a full service restaurant or bar 30 with approval of an amendment to the conditional use permit for the establishment. 31 (3) A food establishment use classified as a bar by the Burlingame Avenue Commercial Area 32 subarea A Food Establishments by Type Tables approved by the city council on October 18, 1999, may I change its food establishment classification only to a full service restaurant or a limited food service with 2 approval of an amendment to the conditional use permit for the establishment. 3 (4) A food establishment use classified as a specialty shop by the Burlingame Avenue 4 Commercial Area subarea A Food Establishments by Type Table approved by the city council on October 5 18, 1999, shall be allowed to change to a different type of food establishment. A specialty shop may be 6 replaced by another specialty shop at the same location within the same or less square footage. If a 7 specialty shop is changed to any other classification the site shall not return to specialty shop use. 8 (5) A food establishment may be replaced by another food establishment of the same 9 classification so long as the replacement business is of the same classification as that shown for the site 10 on the Burlingame Avenue Commercial Area Subarea A Food Establishments by Type Tables approved 11 by the city council on October 18, 1999, subject to the conditions of the existing conditional use permit, 12 and it complies with the same conditions as in the existing conditional use permit. 13 (e) Change in Location. 14 (1) No food establishment shall occupy a location not shown on the Burlingame Avenue 15 Commercial Area Subarea A Food Establishments by Type Tables as approved by the city council on 16 October 18, 1999. 17 (2) Specialty shops shall not relocate to any other location on the Burlingame Avenue 18 Commercial Area Subarea A Food Establishment by Type Tables list as approved by the city council on 19 October 18, 1999. 20 (f) Review of Number of Food Establishments.When the total number of food establishments in 21 the Burlingame Avenue Commercial Area drops below forty(40)for a period of more than twelve (12) 22 consecutive months, the director of community development shall report this to the planning commission 23 and city council. 24 (g) Expansion. An existing food establishment, including specialty shops, may be expanded 25 at its existing location so long as the expansion does not increase the size of the seating area. 26 (h) Loss of Use.A food establishment shall be deemed out of business when the premises is 27 occupied by another business which is not a food establishment. 28 (i) Performance Standards. All food establishments shall comply with the following: 29 (1) Provide trash receptacle(s) at location(s)and of a design selected by the city; 30 (2) Provide litter control along all frontages of the business and within fifty(50)feet of all 31 frontages of the business; 32 (3) Apply for a conditional use permit for delivery of prepared food from the premise; and 1 (4) Food sales from a window or any opening within ten (10)feet of property line shall be 2 prohibited. 3 Section 3. Section 25.70.030 is amended to read as follows: 4 25.70.030 Requirements for single-family dwellings. 5 The following are parking requirements for single family dwellings. 6 (a) Parking Space Requirements. There shall be at least one permanently maintained 7 garage or covered carport available to park a car for each single-family dwelling with the following further 8 requirements: 9 (1) An existing single-family dwellings increased in size to three (3)or four(4)bedrooms and a new 10 single-family dwelling with up to four(4)bedrooms shall provide off-street parking spaces to current code 11 dimensions for at least two (2)vehicles, one of which must be covered by a garage or carport; 12 (2) A single-family dwelling hereafter increased in size to five(5)or more bedrooms and a 13 new single-family dwelling with five (5)or more bedrooms-shall provide off-street parking to current code 14 dimensions for at least three(3)vehicles, two(2)of which must be covered by a garage or carport; 15 (3) For the purposes of subsections (a)(1)and (2)of this section, an existing garage not less 16 than eighteen (18)feet wide and twenty(20)feet deep interior dimension shall be considered to provide 17 two (2)covered off-street parking places. 18 (b) Parking Aisles and Driveways. 19 Covered parking spaces shall have a twenty-four(24)foot back up area or be designed to be 20 entered or exited in no more than three (3)maneuvers.All spaces must allow entry in three (3) 21 maneuvers in the forward direction. 22 (c) Parking limitations: 23 (1) A vehicle shall not be parked between a structure and the front or side property line 24 except in a garage, driveway or other approved parking; 25 (2) Inoperative vehicles, vehicle parts, boats and campers(as defined by Section 243 of the 26 Vehicle Code)shall not be stored or parked in driveways or between a structure and front or side property 27 line; 28 (3) Required covered parking shall not be provided in tandem configuration; 29 (4) For an addition to an existing single-family dwelling, required uncovered spaces may be 30 provided in tandem configuration and may extend: 31 (A) In areas with sidewalks, to the inner edge of the sidewalk; 32 1 (B) In areas without sidewalks to five (5) feet from the inner edge of the curb; 2 (C) in areas without either sidewalks or curbs, to five (5) feet from the edge of pavement. 3 Section 5. This ordinance shall be published as required by law. 4 5 6 Mayor 7 I, MARY ELLEN KEARNEY, City Clerk of the City of Burlingame, do hereby certify that the 8 foregoing ordinance was introduced at a regular meeting of the City Council held on the day of 2009 and adopted thereafter at a regular meeting of the City Council held on the day 9 of , 2009, by the following vote: 10 AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: 11 ABSENT: COUNCILMEMBERS: 12 13 City Clerk 14 15 16 S:1Zoning RevisionslFood Establishments.Snack ShopslFood Est Burlingame Ave.Ordinance.rev.5.04.09.doc 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 CITY O BURLINGAME STAFF REPORT AGENDA 8a � ITEM#9 ORATED JUNE 6 MTG. DATE May 18 2009 TO: HONORABLE MAYOR AND CITY COUNCIL SUBMITTE �jj, DATE: May 14, 2009 BY FROM: Mary Ellen Kearney, City Clerk APPROVED /� h Y SUBJECT: Declaring the Results of the May 5, 2009 Mail Ballot Election of Burlingame Property Owners; Authorizing Collection of Fees on the Tax Bills--Storm Drainage Fee RECOMMENDATION: Adopt Resolution declaring the results of the May 5, 2009 storm drainage fee election that was held by mail ballot election. Approve Resolution placing the storm drainage fee on the County of San Mateo property tax bill. BACKGROUND: Attached for consideration by the City Council is the Certification by the City Clerk of the official canvas of the May 5, 2009 mail ballot election to consider an annual storm drainage fee. The election was held among Burlingame property owners. The votes are as follows: Votes Cast: 4, 267 Yes Votes: 2, 706 (63.41%) No Votes: 1, 561 (36.58%) There were 96 ballots disqualified on May 6, 2009 and an additional 25 late ballots received after the close of the election on May 5, 2009, at 8:00 p.m, The following were disqualified: no ballot in the envelope (36), no signature on the return envelope (20) as required, no vote or two votes on the ballot (6), a ripped ballot (2); more than one ballot voted for the same parcel (12); names or addresses on the ballot (15); miscellaneous (6). Each parcel that was identified in the Engineer's Report approved by the City Council on January 20, 2009 received one vote. The City issued 120 duplicate/replacement ballots primarily because ballots were lost, misplaced, or not received. As noted above, 12 of these duplicate ballots were voted twice because owners forgot that they had previously voted. The City had approximately 120 ballots returned by the Post Office as undelivered. Letters were then sent to each Burlingame property for which a ballot was returned, addressed to "Owner" and with an enclosed letter explaining the election and providing a duplicate ballot application form. A Resolution directing the collection of the fee on the County tax bill is also placed before the City Council for adoption. cc: City Manager City Attorney RESOLUTION NO. RESOLUTION OF THE CITY OF BURLINGAME DECLARING THE RESULTS OF THE MAY 59 2009 MAIL BALLOT ELECTION TO CONSIDER THE ADOPTION OF AN ANNUAL STORM DRAINAGE FEE RESOLVED, by the CITY COUNCIL OF THE CITY OF BURLINGAME that: WHEREAS, pursuant to, and in accordance with the provisions of, Article XIIID of the California Constitution (Proposition 218) the City of Burlingame held a mail ballot election on May 5, 2009 among property owners to consider the enactment of an annual storm drainage fee; and WHEREAS, the City had previously determined that the fee is a property-related fee within the meaning of and subject to Proposition 218 and the City Council had taken necessary steps to place the fee before property owners; and WHEREAS, property owners were presented the following ballot question: To: • improve, upgrade and maintain the deteriorated storm drain system • protect water quality • further reduce pollutants flowing into our creeks and San Francisco Bay • prevent street flooding that impedes residents and police/fire emergency access • improve local drainage shall the City of Burlingame enact a storm drainage fee at the rate of 4. 192 cents per impervious square foot, adjusted for inflation not exceeding 2% annually, with independent audits, citizen's oversight, and requiring all funds expended only on storm drains? WHEREAS, the official canvas was undertaken by the City Clerk and her deputies by hand count and was completed by the City Clerk on May 6, 2009 and was posted at City Hall; and WHEREAS, the City Clerk has certified the results to the City Council; NOW, THEREFORE, IT IS HEREBY DETERMINED and ORDERED that: 1 . The City Council declares the election results of the May 5, 2009 mail ballot election to enact an annual storm drainage fee as follows: Votes Cast: 49267 Yes Votes: 29 706 (63.41%) No Votes: 19 561 (36.58%) The fee, having received an affirmative majority vote as set forth in Article XIIID of the California Constitution, is approved and enacted. Mayor I, MARY ELLEN KEARNEY, City Clerk of the City of Burlingame, do hereby certify that the foregoing resolution was adopted at a regular meeting of the City Council held on the 2e-18"' day of JanuafyMay, 2009, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: City Clerk 2 RESOLUTION NO. RESOLUTION OF THE CITY OF BURLINGAME DIRECTING THAT THE STORM DRAINAGE FEES FOR BURLINGAME PARCELS BE PROVIDED TO THE COUNTY OF SAN MATEO FOR PLACEMENT ON THE 2009-2010 TAX BILLS RESOLVED,by the CITY COUNCIL OF THE CITY OF BURLINGAME that: WHEREAS,pursuant to, and in accordance with the provisions of, Article XIIID of the California Constitution(Proposition 218) the City of Burlingame held a mail ballot election on May 5, 2009 among property owners to consider the enactment of an annual storm drainage fee; and WHEREAS,the City Council had previously determined that the fee is a property- related fee within the meaning of and subject to Proposition 218 and the City Council had taken necessary steps to place the fee before property owners; and WHEREAS, the City Clerk has certified the results to the City Council and the City Council has declared the results by Resolution; and WHEREAS, City Council has declared the storm drainage fee to be approved and enacted; and WHEREAS,pursuant to Chapter 4.30 of the Burlingame Municipal Code the storm drainage fee is to be collected through the County tax bills; NOW, THEREFORE, IT IS HEREBY DETERMINED and ORDERED that: 1. The City Council directs that the storm drainage fees for properties identified in the Engineer's Report that was approved by the City Council on January 20, 2009, be provided to the County of San Mateo for collection through the property tax bills. For those properties whose fees have been modified pursuant to the appeal provisions of Chapter 4.30 prior to providing the County the list of properties and fees, the approved modified fee shall be provided to the County and shall be certified as correct by the Director of Public Works. Annually, the City Manager is directed to send the list of storm drainage fees for the next fiscal year with such changes and amendments, if any, as are approved by the City Council or the Director of Public Works pursuant to Chapter 4.30 of the Municipal Code to the County of San Mateo for collection through the property tax bills. 2. The City Manager is authorized to execute such papers as may be required by the County of San Mateo to place the storm drainage fee on the tax bills, including that agreement entitled Certification to and Indemnification of the County of San Mateo. Mayor I, MARY ELLEN KEARNEY, City Clerk of the City of Burlingame, do hereby certify that the foregoing resolution was adopted at a regular meeting of the City Council held on the 2e_181h day of janu r-y May, 2009, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: City Clerk 2 RESULTS OF CITY OF BURLINGAME STORM DRAINAGE FEE MAIL BALLOT ELECTION OF MAY 5, 2009 Total Number of Votes Cast 4267 votes Votes For 2706 (63.41%) Votes Against 1561 (36.58%) 1, Mary Ellen Kearney, state and declare that I am the City Clerk of the City of Burlingame, California and I certify that the above elections results are true and correct. Dated this 6`h day of May, 2009. U-"�5�' 40'� Mary Ellen earney, City Clerk Agenda ® Item# 8b Meeting B 4 . . . . . . . STAFF REPORT Date: May 18, 2009 SUBMITTED BY 1 APPROVED BY v TO: HONORABLE MAYOR AND CITY COUNCIL DATE: May 11, 2009 FROM: PUBLIC WORKS SUBJECT: NEW WATER SUPPLY AGREEMENT WITH CITY AND COUNTY OF SAN FRANCISCO RECOMMENDATION: It is recommended that Council approve the attached following resolutions: • Adopting findings for purposes of the California Environmental Quality Act in connection with approval of a new Water Supply Agreement (WSA) with the City and County of San Francisco. • Approving WSA between San Francisco and Wholesale Customers in Alameda, San Mateo and Santa Clara counties and • Approving Individual Agency Water Sales Contract between the City of Burlingame and City and County of San Francisco. BACKGROUND: City of Burlingame purchases all of its water from the City and County of San Francisco through the Hetch-Hetchy water system. Water is transported from the Hetch-Hetchy Valley near Yosemite through a network of reservoirs, pipelines and pumping stations to the Bay Area and remains one of the purest urban water supplies in the United States. The Hetch-Hetchy system is managed and operated by the San Francisco Public Utilities Commission (SFPUC). Entitlements for the Hetch-Hetchy system go back almost a century and were granted to San Francisco through Federal legislation known as the Raker Act in 1913. Since then, Burlingame and many other Peninsula and East Bay jurisdictions have relied on the Hetch-Hetchy system to meet all or most of their water supply needs. City of Burlingame is a member of the Bay Area Water Supply and Conservation Agency (BAWSCA), created by the State Legislature to represent the collective interests of the 27 agencies, commonly referred to as the "Wholesale Customers," that purchase water from the San Francisco regional water system operated by the SFPUC. Before the formation of BAWSCA, the Wholesale Customers were represented by an organization called Bay Area Water Users Association (BAWUA). In 1984, these agencies joined together to negotiate a "Settlement Agreement and Master Water Sales Contract" with the City and County of San Francisco for the delivery of water from the Hetch-Hetchy system. The 1984 contract settled a Federal S A Public Works Directory\Water\2009-Burlingame WSA Staff Report.doc lawsuit brought on behalf of the Wholesale Customers challenging the legality of water rates charged by San Francisco. Since then, BAWSCA and its predecessor BAUWA have overseen the San Francisco contract on behalf of its member agencies. The 1984 contract with San Francisco will expire on June 30, 2009. On August 21, 2006, the Council adopted a resolution authorizing BAWSCA to negotiate a Master Water Contract with San Francisco. All of the other BAWSCA agencies adopted similar resolutions and since then, the BAWSCA negotiating team has been working aggressively with San Francisco to ensure a new contract is in place by July 1,2009. The Public Works Director was designated by the City Manager to represent the City of Burlingame throughout the negotiation process. DISCUSSION: The overarching goal of the BAWSCA agencies has been to assure a reliable supply of high-quality water at a fair price. After three years of effort, a new Water supply Agreement has been negotiated between San Francisco and the BAWSCA agencies. As with any negotiation, many, but not all, of the BAWSCA agencies objectives were achieved in the negotiation process and the Agreement sets the foundation for a sound relationship with San Francisco into the future. The term of the new agreement is for twenty five(25)years. Due to the large size of the agreement, it is not included in the Council packet, however, a summary report on the agreement by Hansen and Bridgett LLP is attached herewith. The proposed agreement is available for public review on the City website as well as on file with Public Works Department. It is important to note that the proposed agreement continues to honor Burlingame's existing Water Supply Assurance of 5.23 million gallons per day(mgd). In addition it sets forth the methods and criteria for calculating future water rates but does not set rates. It revises the previous contract in providing more flexibility to smooth sharp increases in rates from year to year through a"balancing account." This flexibility will be important to BAWSCA agencies in the future as bonds are issued to fund the water system seismic retrofit projects that are essential for the reliable supply of water from the Hetch-Hetchy system. The agreement requires the SFPUC to distribute water on an equitable basis after an earthquake or other natural disaster and allows the Wholesale Customers to transfer water from outside sources through the Hetch-Hetchy system during periods of shortage. The agreement also incorporates the"Interim Water Shortage Allocation Plan,"adopted in 2000,that sets forth how water will be allocated between San Francisco and its Wholesale Customers during mandatory drought reductions. As the Council is aware, there are many important issues at play regarding the Hetch-Hetchy system that are independent of,but noted in,the proposed agreement. The most important examples are the urgency to complete the estimated$4.4 billion system-wide seismic retrofit and the need to aggressively implement water conservation measures to use limited water supplies more efficiently. The proposed agreement incorporates San Francisco's commitment to complete the Water System Improvement Program(WSIP)by 2015. In addition,the agreement reflects decisions made unilaterally by San Francisco last year during the environmental approvals of the WSIP to limit Hetch-Hetchy system-wide water deliveries to 265 mgd until 2018. San Francisco's action limits its Wholesale Customers to 184 mgd and its Retail S.\A Public Works Directory\Watcr\2009-13urlingame WSA Staff Rcportiloc Customers to 81 mgd. San Francisco took this action to avoid taking additional supply from the Tuolomne River. This supply limitation will require San Francisco and the BAWSCA agencies to work aggressively to enhance conservation and develop alternative water supplies. SFPUC has approved the WSA at its meeting on April 28, 2009. The WSA is being presented to the governing board of each BAWSCA member agency in May/June for review and action before July 1 , 2009. In addition, each BAWSCA member agency will approve a new "Individual Agency Water Sales Contract" with San Francisco. For Burlingame, this contract will confirm Burlingame's service area boundaries and connections to the Hetcy-Hetchy system pipelines. BAWSCA Chief Executive Officer and General Manager, Arthur Jensen, will be present at the May 18th Council meeting to present the agreement and respond to Council questions. FISCAL IMPACT: The cost of water under the new agreement is not expected to be significantly different from under the current contract. The agreement provides for fair and equitable method to calculate water rates. Costs related to water supply are part of the revenue requirement for the water enterprise funds and are recovered from retail water rates set by the Council. There will be no impact to the General Fund from approval of this agreement. EXHIBITS: Summary Report by Hansen & Bridgett LLP, Resolutions, Burlingame Water Sales Contract and Service Area Map. C: City Clerk, City Manager, City Attorney and Finance Director SAA Public Works Directory\Water\2009-Burlingame WSA Staff Report.doc RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME ADOPTING FINDINGS FOR PURPOSES OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT IN CONNECTION WITH APPROVAL OF A WATER SUPPLY AGREEMENT WITH THE CITY AND COUNTY OF SAN FRANCISCO WHEREAS, the City of Burlingame (City) purchases water from the City and County of San Francisco (San Francisco) pursuant to a Settlement Agreement and Master Water Sale Contract entered into in 1984, which will expire on June 30, 2009; and WHEREAS, the San Francisco Public Utilities Commission (SFPUC or Commission) operates the Regional Water System which delivers water to communities in Alameda, San Mateo and Santa Clara Counties, as well as to customers within San Francisco; and WHEREAS, engineering reports prepared by and for the SFPUC staff identified serious deficiencies in the Regional Water System which exposed its Bay Area customers to the threat of an extended interruption in water delivery in the event of a major earthquake; and WHEREAS, acting in response to directions from the State Legislature (California Water Code Section 73500 et seq.), in 2002 the SFPUC adopted a Water System Improvement Program (WSIP)to address these deficiencies, ensure the Regional Water System's ability to deliver water meeting Safe Drinking Water Act standards, and otherwise improve the Regional Water System's capabilities of meeting customer needs; and WHEREAS, the San Francisco Planning Department prepared a Program Environmental Impact Report (PEIR)to evaluate the potential environmental impacts of implementing the WSIP and the Bay Area Water Supply and Conservation Agency (BAWSCA), of which City is a member, reviewed and commented on the draft PEIR; and WHEREAS, the San Francisco Public Utilities Commission certified the Final PEIR on October 30, 2008 in its Motion No. 17743, which motion is on file with City; and WHEREAS, on October 30, 2008,the SFPUC reviewed and considered the PEIR prepared for the WSIP, adopted findings required by the California Environmental Quality Act (CEQA), including a mitigation monitoring and reporting program and a statement of overriding considerations, and approved the WSIP in its Resolution No. 08-0200, which resolution is on file with City; and WHEREAS, on October 30, 2008,the SFPUC also endorsed selected Water Supply Elements for the new Water Supply Agreement, which are consistent with the WSIP evaluated in the Final PEIR, in its Resolution No. 08-0201, which resolution is on file with City's Public Works Department; and WHEREAS,the SFPUC, on April 28, 2009, approved a Water Supply Agreement with its wholesale customers, including City, and recommended that they likewise approve it; and WHEREAS, prior to acting on the Water Supply Agreement and the accompanying individual Water Sales Contract, the City Council desires to make certain findings pursuant to 14 California Code of Regulations Section 15096. NOW, THEREFORE, BE IT RESOLVED that the City Council finds as follows: 1. City has reviewed the information contained in the Final PEIR that is relevant to its approval of the Water Supply Agreement and has reviewed the CEQA findings contained in SFPUC Resolution No. 08-0200, including the Statement of Overriding Considerations and the Mitigation Monitoring and Reporting Program, which are adopted to the extent they are relevant to the City's decision to approve the Water Supply Agreement. 2. The SFPUC has already adopted the mitigation measures recommended in the PEIR, has authority to implement the mitigation measures or to seek any required approvals for the mitigation measures, and City has no direct authority to implement the mitigation measures, which may be funded in part with revenues from the Water Supply Agreement. 3. City has reviewed and considered the Final PEIR and finds that the Final PEIR is adequate for its use as the decision-making body for its consideration of the Water Supply Agreement and Individual Water Sales Contract. 4. Approval of the Water Supply Agreement and Individual Water Sales Contract is within the scope of the WSIP and activities evaluated in the Final PEIR. 5. Subsequent to the time the Final PEIR was finalized, there have been no substantial project changes and no substantial changes in project circumstances that would require major revisions to the Final PEIR due to the involvement of new significant environmental effects or an increase in the severity of previously identified significant impacts, and there is no new information of substantial importance that would change the conclusions set forth in the Final PEIR. 6. City has not identified any feasible alternative or additional feasible mitigation measures within its powers that would substantially lessen or avoid any significant effect the WSIP would have on the environment; and BE IT FURTHER RESOLVED that the City Manager prepare and file a Notice of Determination with the County Clerk promptly upon the Council's approving the Water Supply Agreement and an Individual Water Sales Contract with San Francisco. PASSED AND ADOPTED this 18th day of May, 2009, by the following vote. AYES: NOES: ABSENT: Ann Keighran, Mayor APPROVED AS TO FORM: Gus Guinan, City Attorney ATTEST: Mary Ellen Kearney, City Clerk RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME APPROVING AND AUTHORIZING THE WATER SUPPLY AGREEMENT WITH THE CITY AND COUNTY OF SAN FRANCISCO WHEREAS, the City of Burlingame(City) has purchased water from the City and County of San Francisco (San Francisco) for many years; and WHEREAS, the"Settlement Agreement and Master Water Sales Contract" between the City and San Francisco, which was entered into in 1984, will expire on June 30, 2009; and WHEREAS, the City is a member of the Bay Area Water Supply and Conservation Agency (BAWSCA), which was formed in 2002 pursuant to Water Code Section 81300 et seq. to represent the interests of the communities in Alameda, San Mateo and Santa Clara counties that purchase water from San Francisco; and WHEREAS, on August 21, 2006, this Council, by Resolution No. 67-2006 appointed BAWSCA to represent it in negotiations for a new water supply agreement with San Francisco; and WHEREAS, each of the other 26 entities which are members of BAWSCA similarly delegated negotiating authority to BAWSCA; and WHEREAS, BAWSCA has submitted periodic reports to City on progress during the negotiations and has provided detailed briefings on all significant elements of the Agreement; and WHEREAS, a Water Supply Agreement, in the form negotiated by BAWSCA, was presented to and approved by the San Francisco Public Utilities Commission on April 28, 2009; and WHEREAS, the Water Supply Agreement incorporates provisions which accomplish the majority of the goals which the City sought to achieve in a new long-term contractual relationship with San Francisco; and WHEREAS, the City Manager has recommended to the City Council that the City approve the water Supply Agreement NOW, THEREFORE, BE IT RESOLVED: 1. The City Council hereby approves the"Water Supply Agreement Between the City and County of San Francisco and Wholesale Customers in Alameda County, San Mateo County, and Santa Clara County" dated July 2009 (Agreement). 2. The City Council hereby authorizes and directs the City to sign the Agreement, in the form previously approved by the San Francisco Public Utilities Commission, on behalf of the City. PASSED AND ADOPTED this 18th day of May, 2009, by the following vote. AYES: NOES: ABSENT: Ann Keighran, Mayor APPROVED AS TO FORM: Gus Guinan, City Attorney ATTEST: Mary Ellen Kearney, City Clerk RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE, AN INDIVIDUAL WATER SALES CONTRACT WITH THE CITY AND COUNTY OF SAN FRANCISCO WHEREAS, the City Council of the City of Burlingame has previously approved the Water Supply Agreement between the City and County of San Francisco and Wholesale Customers in Alameda County, San Mateo County and Santa Clara County(Agreement); and WHEREAS, the Agreement contemplates that each wholesale customer will also enter into an individual Water Sales Contract(Contract)with the San Francisco Public Utilities Commission (SFPUC), which will describe the specific service area of each wholesale customer, will identify points of connection between the San Francisco Regional Water System and the wholesale customer's distribution system, and will contain other specialized provisions, if any, required by the unique circumstances of each wholesale customer; and WHEREAS, negotiations between the City of Burlingame (City) and the staff of the SFPUC concerning the Water Sales Contract for the City have been completed satisfactorily, and the City Manager has recommended that the Council approve a Water Sales Contract in the form presented. NOW, THEREFORE, BE IT RESOLVED that the"Water Sales Contract" between the City of Burlingame and the City and County of San Francisco, acting by and through its Public Utilities Commission, in the form presented to the Council including Attachments A through_(Contract), is approved and City Manager is authorized to execute the Contract on behalf of the City. PASSED AND ADOPTED this 18th day of May, 2009, by the following vote. AYES: NOES: ABSENT: Ann Keighran, Mayor APPROVED AS TO FORM: Gus Guinan, City Attorney ATTEST: Mary Ellen Kearney, City Clerk INDIVIDUAL AGENCY WATER SALES CONTRACT BETWEEN THE CITY OF BURLINGAME AND CITY AND COUNTY OF SAN FRANCISCO This Contract,dated as of Jul 1,2009,is entered into by and between the City and County of San Francisco("San Francisco")and the City of Burlingame("Customer"). RECITALS San Francisco and the Customer have entered into a Water Supply Agreement("WSA"), which sets forth the terms and conditions under which San Francisco will continue to furnish water for domestic and other municipal purposes to Customer and to other Wholesale Customers. The WSA contemplates that San Francisco and each individual Wholesale Customer will enter into an individual contract describing the location or locations at which water will be delivered to each customer by the San Francisco Public Utilities Commission("SFPUC"), the customer's service area within which water so delivered is to be sold,and other provisions unique to the individual purchaser. This Water Sales Contract is the individual contract contemplated by the WSA. AGREEMENTS OF THE PARTIES 1. Incorporation of the WSA The terms and conditions of the WSA are incorporated into this Contract as if set forth in full herein. 2. Term Unless explicitly provided to the contrary in Article 9 of the WSA,the term of this Contract shall be identical to that provided in Section 2.01 of the WSA. 3. Service Area Water delivered by San Francisco to the Customer may be used or sold within the service area shown on the map designated Exhibit A attached hereto. Except as provided in Section 3.03 of the WSA, Customer shall not deliver or sell any water provided by San Francisco outside of this area without the prior written consent of the General Manager of the SFPUC. 4. Location and Description of Service Connections Sale and delivery of water to Customer will be made through a connection or connections to the SFPUC Regional Water System at the location or locations listed, with the applicable present account number, service location, service size, and meter size shown on Exhibit B attached hereto. 5. Interties With Other Systems Customer maintains interties with neighboring water systems at the location or locations and with the connection size(s) as shown on Exhibit C attached hereto. 6. Billing and Payment San Francisco shall compute the amounts of water delivered and bill Customer therefor on a monthly basis. The bill shall show the separate components of the charge (e.g., service, consumption, demand). Customer shall pay the amount due within thirty (30) days after receipt of the bill. If Customer disputes the accuracy of any portion of the water bill it shall (a) notify the General Manager of the SFPUC in writing of the specific nature of the dispute and (b) pay the undisputed portion of the bill within thirty (30) days after receipt. Customer shall meet with the General Manager of the SFPUC or a delegate to discuss the disputed portion of the bill. IN WITNESS WHEREOF, the parties hereto have executed this Contract, to become effective upon the effectiveness of the WSA, by their duly authorized representatives. CITY AND COUNTY OF SAN FRANCISCO CITY OF BURLINGAME Acting by and through its Public Utilities Commission A Public Corporation By: By: Edward Harrington Jim Nantell General Manager City Manager Date: 12009 Date: 2009 Approved by Commission Resolution No. 09-0069, ATTEST: adopted April 28, 2009 By: Michael Housh Mary Ellen Keamey Secretary to Commission City Clerk Approved as to form: APPROVED AS TO FORM: DENNIS J. HERRERA City Attorney By: Gus Guinan By: City Attorney Joshua D. Milstein Deputy City Attorney Summary Report on New Water Supply Agreement Between the City and County of San Francisco and Wholesale Customers in Alameda,San Mateo and Santa Clara Counties Prepared for San Francisco Bay Area Water Supply and Conservation Agency By Ray McDevitt and Allison Schutte Hanson Bridgett LLP April 2009 ® HansonBridgett TABLE OF CONTENTS Page INTRODUCTION ........................................................................................................................1 PART ONE WATER SUPPLY ...........................................................................................2 A. Quantity ................................................................................................................2 B. Reliability ..............................................................................................................3 C. Shortages .............................................................................................................4 D. Water Quality........................................................................................................5 E. Conservation ........................................................................................................6 F. Operational Issues ...............................................................................................6 G. Interim Limit of 184 MGD Through 2018 ..............................................................7 H. Limits on SFPUC Taking on New Customers..................................................... 10 I. BAWSCA Involvement in SFPUC Planning for New or Alternate Supplies........ 10 PARTTWO COST............................................................................................................ 11 A. Overview ............................................................................................................ 11 B. Individual Cost Categories ................................................................................. 13 C. Rates and Balancing Account ............................................................................20 D. Accounting and Auditing.....................................................................................21 PART THREE ADMINISTRATIVE PROVISIONS ................................................................21 A. Term (Section 2.01)...........................................................................................21 B. Unanimous Participation Not Necessary (Section 2.02)....................................22 C. Amendments to Agreement (Section 2.03) .......................................................22 D. Delegation of Administrative Tasks to BAWSCA (Section 8.04) .......................22 E. Annual Meeting with SFPUC Senior Management (Section 8.03) ....................23 F. Dispute Resolution; Limitations on Damages (Section 8.01 ; Section 8.14) ......24 G. Special Provisions for Some Agencies (Article 9 of Agreement).......................24 _j_ 1680730.7 SUMMARY REPORT ON NEW WATER SUPPLY AGREEMENT INTRODUCTION This report was prepared at the request of the Bay Area Water Supply and Conservation Agency (BAWSCA). Its purpose is to provide a summary of the major provisions in the new Water Supply Agreement which BAWSCA has negotiated with representatives of the San Francisco Public Utilities Commission (SFPUC or Commission) and which was approved by the Commission on April 28, 2009. In 1984, San Francisco and all of its wholesale customers entered into a "Settlement Agreement and Master Water Sales Contract," the term of which was 25 years and which will expire on June 30, 2009. This is a lengthy document which was executed in multiple identical counterparts by San Francisco and each of its wholesale customers. It was titled a "Settlement Agreement" because it settled a lawsuit brought by several of the wholesale customers against San Francisco, which is described in the opinion in Palo Alto v. San Francisco (9t' Cir. 1977) 548 F.2d 1374, decided by the United States Court of Appeal for the Ninth Circuit. The 1984 Settlement Agreement and Master Water Sales Contract was negotiated by the Bay Area Water Users Association (a less formal predecessor to BAWSCA) with support from attorneys, engineering consultants, municipal financial consultants, and CPAs. A similar approach has been taken in preparation of the new Agreement. In 2006, BAWSCA offered its services as negotiator of the new Agreement. The governing boards of all 27 wholesale customers adopted resolutions delegating that authority and prescribing the parameters of that delegation. BAWSCA has conducted the negotiations with the SFPUC starting in 2007. The negotiating team has been led by Art Jensen, BAWSCA's General Manager/CEO. Mr. Jensen holds a Ph.D. in engineering from Cal Tech and has spent his career consulting for, and managing, urban water agencies. He has been assisted by BAWSCA's staff engineer Nicole Sandkulla, and staff financial analyst John Ummel, as well as 1680730.7 by independent engineering, financial and accounting consultants.' Attorneys at Hanson Bridgett have served as legal counsel to the BAWSCA negotiating team and were the principal drafters of the Agreement. Bud Wendell has provided strategic guidance at critical junctures. The Agreement's Introductory Statement provides that both San Francisco and its wholesale customers "share a commitment to the Regional Water System providing a reliable supply of high quality water at a fair price and achieving these goals in an environmentally sustainable manner." Part One, Sections A, B, C and H of this report cover provisions in the new Agreement which address water supply reliability. Part One, Section D focuses on the Agreement's provisions related to water quality. Part Two covers the considerable portion of the new Agreement designed to ensure that the capital and operating costs of the regional water system are fairly allocated between San Francisco's retail customers and the wholesale customers. Finally, Part One, Sections E and F.2 summarize provisions in the Agreement explicitly addressing water conservation and use of alternative local sources of water.2 PART ONE WATER SUPPLY (Articles 3 and 4 of Aareement) A. Quantity 1. Supply Assurance Reconfirmed. The Agreement reconfirms San Francisco's perpetual commitment to deliver 184 million gallons per day (MGD), on an annual average basis, to the wholesale customers collectively, other than San Jose and Santa Clara (the "Supply Assurance"). It also preserves the wholesale customers' claim that San Francisco Engineering support has been provided by Allan Richards, P.E., with Stetson Engineers. Financial support has been provided by Dan Cox and David Brodsly, both with KNN Financial, and by John Farnkopf, with HF&H Consultants. Assistance on accounting/auditing aspects of the Agreement has been provided by Steve Mayer, CPA, and Jeff Pearson, CPA, with Burr, Pilger& Mayer, LLP. 2 In addition, Part One, Section G describes the mechanics through which the SFPUC intends to implement the Commission's decision in October 2008 to impose a limit on deliveries to 265 MGD through 2018 and to enforce the interim supply limitations assigned to individual agencies through Environmental Enhancement Surcharges. 2 1680730.7 is obligated to provide water over and above the Supply Assurance, as well as San Francisco's denial of that obligation. 2. Allocation of Supply Assurance Incorporated. The Agreement also incorporates and formally reconfirms the allocation of the collective 184 MGD Supply Assurance among the wholesale customers which was effected under the 1984 Contract(partly through triennial "vesting" and then by unanimous agreement of all agencies in 1994). The Agreement includes, as an attachment, a list of the individual "Supply Guarantees"for each of the 24 wholesale customers that currently have one.3 3. Transferability of Supply Guarantees. The Agreement allows wholesale customers to transfer, on a permanent basis, portions of their individual Supply Guarantees among themselves. These transfers are subject to only very limited San Francisco oversight to ensure Raker Act compliance and adequate physical capacity of the San Francisco regional system to deliver the additional water to the transferee agency. B. Reliability 1. WSIP Completion. The Agreement commits San Francisco to complete the Water System Improvement Program (WSIP) approved by the Commission in October 2008 by 2015." In addition, the Agreement obligates San Francisco to provide full public review and opportunity for wholesale customers to comment on any proposed changes to the WSIP that would delay completion or delete projects. Finally, the staff of the SFPUC will meet and confer These quantified supply guarantees will remain subject to pro rata reduction if and when collective use exceeds 184 MGD due to growth in demand, in order to preserve Hayward's claimed entitlement under its 1962 contract and the overall limit on San Francisco's commitment of 184 MGD. The Agreement will also preserve other agencies' reservation of their right to challenge this reduction. ° This commitment is conditional on SFPUC's completion of all CEQA analysis and documentation required for the individual facilities that collectively comprise the WSIP. It is also made subject to a "force majeure"clause that excuses both SFPUC and the wholesale customers from delays in performance, or failure to perform, due to"acts of God"and other circumstances not the fault of, and beyond the control of,the affected party that make performance impossible or extremely impracticable. 3 1680730.7 with BAWSCA before proposing to the Commission any changes in scope that would reduce the ability of the regional system to meet level of service goals adopted by the Commission. 2. System Maintenance. The Agreement requires the SFPUC to keep the regional system in good working order and repair, consistent with prudent utility practice. SFPUC will prepare and publish bi-annual reports on the "State of the Regional System,"will cooperate with any audits of system repair/maintenance conducted by BAWSCA, will consider the findings of such audits, and will provide responses, including reasons why any audit recommendations were not adopted. 3. "Water First." The Agreement commits the SFPUC to continue its "water first' policy, i.e., operating the Hetch Hetchy reservoirs in a manner that gives higher priority to delivery of water to the Bay Area, and to environmental values, than to electric power generation. It leaves day-to-day operational decisions up to the SFPUC. C. Shortages 1. Drought. The Agreement continues the allocation of water between San Francisco and the wholesale customers which was agreed to in 2000 and memorialized as "Tier One' of the Interim Water Shortage Allocation Plan. The provisions of the Plan that allow wholesale customers to "bank" drought allocations and to transfer them are continued, while some of the procedures and schedules contained in the Plan have been updated. The "Tier Two' allocation of water among the wholesale customers themselves, scheduled to expire on June 30, 2009, is not made a part of the new Agreement with San Francisco. The SFPUC, however, is obligated to honor any new allocation agreed to by the wholesale customers, either unanimously or through BAWSCA. 2. Disaster. The Agreement requires the SFPUC to distribute water on an equitable basis after an earthquake or other natural disaster. The SFPUC response to disasters is to be guided by the Emergency Response and Recovery Plan (ERRP) adopted by the 4 1630730.7 SFPUC, the fundamental principles of which are incorporated into the Agreement itself. The ERRP is to be periodically reviewed and may be amended by the Commission. SFPUC staff will be required to provide 30 days notice to the wholesale customers of any proposal to amend the ERRP, along with the text of the proposed amendments. 3. Localized Reductions. Provisions in the existing 1984 Contract governing localized shortages due to isolated damage or system repairs are continued. 4. Wheeling. The Agreement allows for BAWSCA and/or wholesale customers to "wheel"water from outside sources through the SFPUC regional system during periods of shortage, subject to provisions regarding water quality impacts and cost reimbursement. D. Water Quality 1. Meet Safe Drinking Water Act Standards: Notice. The Agreement commits the SFPUC to deliver treated water meeting federal and state primary drinking water standards: maximum contaminant levels (MCL's) and treatment techniques. The next update of the SFPUC Water Quality Notification and Communication Plan will include expanded coverage of secondary MCL exceedances. The SFPUC will provide notice to wholesale customers of any exceedance concurrently with notice provided to operators of the In-City retail distribution system. 2. Joint Water Quality Committee. A Water Quality Committee will be established, composed of a representative from the SFPUC and from each wholesale customer. The committee will meet at least quarterly to collaboratively address water quality issues. The Committee's Chair and Vice Chair will rotate between SFPUC and the wholesale customers. 5 1680730.7 E. Conservation 1. Wholesale Customers. The Agreement commits the wholesale customers to take actions, within their legal authority, regarding water conservation that are necessary to ensure that the SFPUC remains eligible to receive state and federal grants and other financial assistance and to participate in the State Drought Water Bank. 2. SFPUC Support for BAWSCA Conservation Programs. The Agreement commits the SFPUC to collect a "water management charge," if and when such a charge is established by the BAWSCA board of directors, and to remit those funds to BAWSCA to support regional water conservation measures and development of alternative supplies approved by the BAWSCA board of directors. 3. The "Green Option"to be Explored. The Agreement commits San Francisco to work with BAWSCA to explore ways to support water conservation and recycling in locations outside the Bay Area. This will include a particular focus on agricultural conservation/ efficiency projects of the type described in the "Green Option," recommended by BAWSCA in its comments on the Program Environmental Impact Report on the WSIP, which can benefit the Tuolumne River. F. Operational Issues 1. Service Areas. The Agreement continues existing restrictions on sales of water outside wholesale customers' service areas.' It clarifies and continues the existing contract provisions regarding expansion of service areas (SFPUC approval is needed, but cannot be withheld unreasonably) and sales to other wholesale customers (pre-approved in emergencies; otherwise SFPUC approval is needed, but cannot be withheld unreasonably). The service area maps will be updated and attached to each agency's new individual Water Sales Contract. (Each wholesale customer has, and will continue to have, two contracts with San Francisco. One is the lengthy Water Supply Agreement which is identical for each agency. The other is a much shorter document that addresses the specifics for each agency: its service area map, connections to the regional water system, interties with neighboring agencies, etc.) 6 1680730.7 2. Use of Local Sources. The Agreement extends the "best efforts" commitment to use of local sources to the SFPUC as well as the wholesale customers. Local sources include surface water, groundwater and available recycled water. The contractual obligation is subject to considerations of economic feasibility and the environmental and water supply reliability impacts of using these local sources. 3. Purchases from Third Parties: "Take or Pay" for Dual Source Agencies. The Agreement continues the prohibition on purchases from other sources if the SFPUC is able and willing to supply all water needed. It also expands exceptions to this prohibition by making it inapplicable to purchases of recycled water. In other words, wholesale customers that do not have direct access to a source of recycled water— i.e., a sewage treatment plant— may purchase from those that do. The Agreement also allows the "dual source" agencies (Alameda County Water District, Milpitas, Mountain View, and Sunnyvale) to continue purchases from other suppliers, such as the California Department of Water Resources and the Santa Clara Valley Water District, subject to a required minimum purchase from SFPUC. These minimum "take or pay" commitments have each been reduced by five percent from current levels. Minimum purchase requirements in San Jose's and Santa Clara's current individual contracts are to be deleted in their new individual contracts. Also, the new Agreement makes clear that wholesale customers are not obligated to purchase water from SFPUC in amounts larger than their individual Supply Guarantees. G. Interim Limit of 184 MGD Through 2018 1. No Decision by SF on Increase in Supply Assurance until 2018. The Agreement recognizes the SFPUC's unilateral decision made last October to defer any consideration of an increase in the 184 MGD Supply Assurance until 2018. It requires the SFPUC to make that decision by December 2018, after completing necessary cost analyses and CEQA evaluation/documentation. The Agreement does not constitute concurrence by 7 1680730.7 wholesale customers in SFPUC's limitation and also preserves the wholesale customers' claim that they are legally entitled to water in excess of 184 MGD. 2. Interim Limit on Sales until 2018. In October 2008, San Francisco independently established a self-imposed limit on sales of water from surface watersheds to 265 MGD until 2018. At the same time, it also established subsidiary limits of(a) 81 MGD for City retail customers and (b) 184 MGD for all 27 wholesale customers, including San Jose and Santa Clara. Another element of this limitation, also adopted by the SFPUC in October 2008, is a schedule for allocating the 184 MGD interim limit among all wholesale customers: those allocations will be decided on by the Commission in December 2010.6 The SFPUC also decided last October that it will enforce these interim limitations through an "environmental enhancement surcharge"to be applied to purchases over 81 MGD (by City retail customers) or over the individual limitations assigned to each of the 27 wholesale customers, if and when total use exceeds 265 MGD. The Agreement recognizes all of these decisions and provides procedural rules for establishing the interim limitations and surcharges and for the use of funds generated by the surcharges. It also allows wholesale customers to transfer portions of these interim limits among themselves, again subject to very limited SFPUC oversight. But it does not constitute wholesale customers' concurrence in the interim limitations themselves and preserves wholesale customers' ability to challenge the limitations assigned to them, and the imposition of surcharges, in court. Some of the mechanics that are included in the Agreement include: • The amount of the environmental surcharge will be established by the SFPUC during the spring of 2011 and the surcharges will become operative in FY 2011-12. These allocations are entirely distinct from the permanent"Supply Guarantees." For example, they will apply to all 27 agencies, will last only until 2018, and their only purpose is to determine when the surcharge described in the immediately following paragraph in the text will apply. 8 1680730.7 • Whether or not to levy the surcharge will be determined after the close of each fiscal year and will apply only if total sales during that year exceeded 265 MGD. • If the 265 MGD threshold is exceeded, then the surcharge will apply only to wholesale customers that purchased more than their interim limitation, and only to quantities in excess of that limitation. The amount due would be determined after the close of each fiscal year(beginning with FY 2011-12) and would be paid in equal monthly installments over the balance of the following fiscal year (beginning with FY 2012-13). • Funds raised by the surcharge will be deposited in a restricted reserve fund, not subject to transfer to the SF General Fund, and will be expended only on environmental enhancement measures in the SFPUC's Sierra and local watersheds. (Surcharges are not due unless and until this restricted reserve fund is established by ordinance of the San Francisco Board of Supervisors.) • Specific projects to which the funds will be directed will be decided by SFPUC's General Manager and BAWSCA's General Manager/CEO, after soliciting input from interested members of the public, including environmental groups. 3. Status of San Jose and Santa Clara. The Agreement provides that both cities will remain temporary and interruptible customers until 2018. The maximum amount that the SFPUC will deliver to them collectively until 2018 is 9 MGD. Their interim limitations, described in the preceding section, when assigned in December 2010, may be lower. SFPUC water may be used only within the two cities' existing service areas (the northern portions of each city). • Starting in December 2010, the SFPUC will annually consider a report which will include water demand projections and conservation work plans through 2018. If the SFPUC decides, on the basis of that report, that the 265 MGD limit will not be achieved in 2018, it may issue a conditional notice of reduction, or interruption, in supply to San Jose and Santa Clara. • Deliveries will not be reduced or terminated until the SFPUC has completed the required CEQA process and will not occur for the longer of(1) five years from the notice or (2) two years from completion of the CEQA process. 9 1680730.7 • The SFPUC will decide by December 2018 whether longterm supplies are adequate to serve San Jose and Santa Clara, as well as the SFPUC's retail and other wholesale customers and, if so, whether to make the two cities permanent customers. H. Limits on SFPUC Takina on New Customers. Before 2018, San Francisco may not take on any new wholesale customers (1) until it has completed CEQA review, and (2) unless San Jose and Santa Clara are concurrently made permanent customers and the Agreement is amended to accommodate their addition. After 2018, San Francisco may not take on any new wholesale customers (1) until it has completed CEQA review, (2) unless system reliability is improved and (3) unless San Jose and Santa Clara are made permanent customers and the Agreement amended. San Francisco may not take on new retail customers, outside City boundaries, except in areas adjacent to existing retail customers and no more in aggregate than 0.5 MGD additional demand. I. BAWSCA Involvement in SFPUC Plannina for New or Alternate Supplies If regulatory or other events impact San Francisco's ability to maintain the Supply Assurance from its existing surface water supplies, it may develop substitute supplies, and will collaborate with the wholesale customers in doing so. If, after 2018, San Francisco elects to increase the Supply Assurance using water from its existing surface water supplies, it may charge the wholesale customers in accordance with the cost allocation provisions of the Agreement. If San Francisco seeks to develop new sources to increase the Supply Assurance, engineering studies and ensuing water supply projects will be conducted jointly with BAWSCA under separate agreements specifying the purpose of the project, anticipated regional benefits, and how costs will be allocated. 10 1680730.7 PART TWO COST (Articles 5, 6 and 7 of Agreement) A. Overview 1. Basic Principles Unchanged. The fundamental cost allocation principles underlying the 1984 Contract are continued in the new Agreement. These include: • Wholesale customers should not pay for SFPUC programs/facilities that are used only in the generation/transmission of electric power or only in the collection/treatment of San Francisco wastewater. • Wholesale customers should not pay for Water Enterprise programs/facilities that benefit only SFPUC's retail water customers, both inside and outside of San Francisco. • Wholesale customers and City retail customers should both pay for costs of building and operating the regional water system, from which they both benefit. • The costs of the regional water system which should be shared include: o The costs of building and operating the water-related facilities in Hetch Hetchy (e.g., the pipelines). o An appropriate share of the costs of building and operating joint facilities in Hetch Hetchy (e.g., the dams). o The costs of building and operating facilities for transmission, storage and treatment of water located in Alameda, Santa Clara, and San Mateo Counties, and the three terminal reservoirs in San Francisco. o An appropriate share of costs incurred inside San Francisco, but that benefit the regional water system (e.g., costs of various SFPUC bureaus that support the operating departments and San Francisco Water Enterprise's own administrative and general costs). • The cost of the regional water system should be divided between the City retail customers and wholesale customers based on their proportionate annual use of water delivered by the Regional Water System. 2. Basic Implementing Rules and Practices Unchanged or Improved. Water usage will be determined by accurate, well-maintained and regularly-calibrated meters. The standards for meter accuracy are now spelled out in the Agreement, as are the procedures and schedules for maintenance and calibration of meters. 11 1680730.7 Costs will be determined by SFPUC's maintaining a system of accounting, consistent with Generally Accepted Accounting Principles as applied to governmental enterprises, that allows for the costs that are properly chargeable to the wholesale customers to be separated from those that are not. The annual amount due from all wholesale customers (the "Wholesale Revenue Requirement")will be determined by applying the Agreement's detailed cost allocation rules to the costs actually incurred, based on actual water usage by City retail and wholesale customers during each fiscal year. That amount will be compared to revenues actually billed to wholesale customers for that year. The difference will be posted to a "balancing account." If wholesale customers were charged more than the amount calculated to have been due, the overcharge will be entered as a credit in the balancing account. Conversely, if wholesale customers were billed less, the undercharge will be recorded in the balancing account and may be recovered in future years' rates. Amounts in the balancing account, whether positive or negative, will earn interest at the same rate as SF's pooled investment funds. 3. Changes in Methodology Primarily Relate to Capital Costs. There have been few changes in calculating and allocating operation and maintenance ("O&M") costs. More substantial changes have been made in the treatment of administrative and general ("A&G") costs. But these are largely efforts to simplify calculations and are not expected to have a major impact on the Wholesale Revenue Requirement. By contrast, the new Agreement makes significant changes in how wholesale customers contribute to repayment of funds advanced by San Francisco to construct capital assets. The 1984 Contract adopted the "utility method" of recovering capital investments. Under this approach, wholesale customers paid depreciation and a return on the net book value of assets in the rate base. The new Agreement replaces the utility method with the "cash method" on a going-forward basis. Under this method, wholesale customers will pay 12 1680730.7 their proportionate share of SFPUC's annual debt service payments and capital improvements funded out of revenues. The Agreement greatly simplifies the wholesale customers' repayment of their share of assets already built and in service as of June 30, 2009. Instead of calculating the amount due each year, the new Agreement provides for specified level payments over 25 years. The result will be that wholesale customers will have fully paid off their share of the existing "rate base" (about $382 million) in 2034, rather than continuing to pay down the amount due over the assets' useful lives -which in many cases could extend decades past that date. Please see Section B.5 below for a more detailed description of the approach to capital costs in the new Agreement. In addition, the tables which appear at the end of this report, and which are also incorporated into the Agreement itself, illustrate the application of the cost allocation rules in Section B as applied to budgeted costs for the next fiscal year(FY 2009-10). B. Individual Cost Categories 1. Operating and Maintenance COM') Expenses. There are five subcategories of O&M expenses: (i) Source of Supply: Regional system costs will continue to be allocated on the basis of annual proportional usage. The Agreement will reaffirm the general principle that the location of facilities determines their classification as City Retail or Regional. This is important since San Francisco plans to construct water recycling and groundwater projects inside the City in the immediate future. Absent negotiated clarity in the Agreement, those facilities could have been asserted to have value for all customers, and their costs (both capital and operating) allocated in part to wholesale customers. The proposed South Westside Groundwater Basin conjunctive use project (in which Cal Water, Daly City and San Bruno are 13 16807303 jointly participating with SFPUC) will be considered a Regional project because of the benefits it will provide to the Regional System (i.e., all customers) during drought. (ii) Pumping: Costs of operating and maintaining pumping facilities outside San Francisco will continue to be allocated on proportional annual usage. (iii) Purification: Because the treatment plants are located outside the City, all costs associated with them have been, and will continue to be, classified as Regional and allocated on the basis of proportional annual usage. The new Agreement requires that expenses associated with the Water Quality Division's laboratories be fairly allocated between the Wastewater Enterprise and the Water Enterprise, with only the latter being reallocated between City Retail and Regional customers. Also, the costs allocated will be further reduced by revenues received for work done by the laboratories for third party customers. (iv) Transmission and Distribution ("T&D'T The expenses in this category are divided between City Retail and the Regional system based on geographic location with one exception: the three in-City terminal reservoirs are considered components of the regional system. This classification is appropriate and will continue, as will allocation of Regional T&D costs on proportional annual use.7 (v) Customer Accounts: Currently all SFPUC Customer Accounts expenses are divided 98%to City and 2% to wholesale customers. The new Agreement provides that only the Water Enterprise's share of Customer Accounts will be included; the cost of Customer Accounts for Wastewater and Hetch Hetchy Water and Power will be excluded. The 98/2 percent allocation will continue, applied to that smaller amount. There will be two changes, both requested by the City. Engineering and supervision expenses incurred outside the City, in the Water Supply and Treatment Division, are currently classified as A&G, unlike those incurred inside the City,which are treated as City Distribution Division O&M. BAWSCA has agreed to change the treatment so that these expenses are uniformly classified as O&M, provided that some in-City costs currently classified as Regional A&G are reclassified as City Retail. A similar treatment will apply to vehicle and building maintenance expenses. 14 1680730.7 2. Property Taxes. San Francisco Water Enterprise properties and improvements in Alameda, San Mateo and Santa Clara Counties are subject to property taxes levied by those counties. The 1984 Contract classifies 100% of these tax payments as Regional and allocates them between City Retail and wholesale customers on the same basis that most O&M expenses are allocated -- proportional annual water use. The new Agreement continues this, as well as the focus on net taxes; that is, tax refunds and taxes that are paid by tenants of City properties such as golf courses will be excluded. 3. Administrative and General t"A&G") Expenses. There are three subcategories within this classification: (i) City Overhead: This category consists of expenses of support services provided by the City's central services departments that are not billed directly to the SFPUC. City overhead is allocated to the City's operating departments through the Countywide Cost Allocation Plan ("COWCAP") prepared by the City Controller. For technical reasons no longer relevant, the parties in 1984 adopted a surrogate dollar amount, inflated each year by the CPI, in lieu of the COWCAP. The current contract allowed the parties to revisit this issue every five years, but both the City and wholesale customers have been satisfied to stay with the annually-inflated "deemed overhead" amount. The reasons for the initial adoption of the surrogate amount no longer apply. Moreover, San Francisco presented data showing that the "deemed overhead" figure had not allowed it to fully recover general City overhead as determined by the Controller and argued for using the actual COWCAP figure in the future. BAWSCA agreed. (ii) SFPUC Bureaus: This subcategory consists of support services provided by the various SFPUC bureaus (e.g., Finance, Information Technology, Human Resources, etc.) to the three operating departments (or"enterprises" as they are now called). The current contract provides that SFPUC will allocate federally reimbursable costs in 15 1680730.7 accordance with an "Indirect Cost Allocation Plan" approved by the U.S. Department of Health and Human Services. Costs that are not federally reimbursable are to be allocated in accordance with a detailed list of metrics. This arrangement is no longer functional. The SFPUC no longer submits an Indirect Cost Allocation Plan to the federal government and hasn't done so for many years. And the allocational metrics specified in the Contract, while reasonable in 1984, are in many cases now out of date. BAWSCA developed an alternative formula which uses a readily-available statistic (salaries of the three operating enterprises) to divide bureau costs among the Water Enterprise, the Wastewater Enterprise, and the Hetch Hetchy Water and Power Enterprise. (iii) Water Enterprise Administrative and General: As a corollary to the change in engineering and supervision expenses and vehicle and building maintenance expenses described above (Section II.B.iv), costs of the City Distribution Division and the Water Supply and Treatment Division previously included in joint A&G are now removed. Remaining A&G expenses are primarily those associated with Water Enterprise administration. In each of these three categories, costs that clearly provide no benefit to the wholesale customers will be identified and excluded. The remaining costs will be divided between City Retail and wholesale customers on one of two formulas. First, costs of COWCAP and Water Enterprise A&G will continue to be allocated between City and wholesale customers based on the composite O&M percentage.8 Second, SFPUC Bureau Costs will be divided between City retail and wholesale customers based on proportional annual usage. Some of the changes to the treatment of O&M and A&G costs described above benefit the City; others benefit the wholesale customers. Overall, they are Historically, this formula has assigned between 34-37% of these costs to wholesale customers. With the reduced amount of Customer Accounts costs included in the formula, the wholesale percentage will increase by about 3%-5%. 16 1680730.7 estimated to increase the wholesale customer share of these costs by approximately $500,000 to $1 million annually. 4. Hetch Hetchy Non-Capital Costs. Currently, Hetch Hetchy O&M expenses are identified as water-specific, power-specific, or joint. Wholesale customers pay no part of power-specific costs and less than half of the joint costs. The water-specific costs and 45% of the joint costs are allocated between City and wholesale customers on the basis of proportionate annual water use (with a minor adjustment to reflect sales of water to other customers upstream of the Bay Area). There will be no change to these principles. Administrative and General costs are similarly classified. Water-related costs, including 45% of joint A&G, are again split between City and wholesale customers on the basis of adjusted annual proportionate use. Apart from use of COWCAP, and simplification of one allocational step, this will continue. Hetch Hetchy's share of Customer Accounts expenses has never been assigned to wholesale customers and will not be under the new Agreement. Property taxes on Hetch Hetchy land and facilities were previously allocated among water, power and joint based on detailed analysis of asset classifications. The new Agreement will simply classify taxes as joint, with 45% allocated to water, and the wholesale customers' share based on adjusted annual water use. These changes are expected to have a very minor impact on the amount of non-capital Hetch Hetchy costs allocable to the wholesale customers. 5. Capital Costs (i) Existing Assets: Repayment of the wholesale customers' share of existing assets (i.e., those capitalized on or before June 30, 2009) is effectively converted from the utility method to an amortization schedule derived from the utility method, with several modifications: 17 1680730.7 • The current rate base will be replaced by a principal amount due (i.e., the wholesale share of the existing assets) excluding the "working capital" allowance, about 15% of annual O&M expenses, which is permitted by the existing Contract. • The current depreciation will be replaced by principal repayments. • Interest will be paid on the outstanding principal, will be fixed at 5.1%, and will be decoupled from the variable equity rate of return allowed by the California Public Utilities Commission -- currently about 10%. • Principal and interest will be repaid in equal annual payments over the next 25 years. On both a nominal and present discounted value basis, the payments by wholesale customers for their share of the current rate base (about$382 million including both SFWD and Hetch Hetchy) will be less under this approach than under a continuation of the 1984 Contract methodology. The fixed return also eliminates the fluctuation in payments due to future changes in the equity rate of return allowed by the California Public Utilities Commission.' (ii) New Assets: Starting with FY 2009-2010, wholesale customers will, like San Francisco retail customers, pay for capital projects on the"cash" basis. This will mean, in practice, that wholesale customers will pay a proportionate share of(1)debt service (i.e., payment of principal and interest on SFPUC bonds and commercial paper) related to regional system assets, and will contribute a corresponding share of the SFPUC's "debt service coverage" obligation, and (2) capital projects in the regional system that SFPUC pays for out of revenues on a "pay-as-you-go" basis, rather than from borrowed funds. In order to implement this, the new Agreement continues the existing Contract's method for distinguishing between in-City and Regional assets. But the Revenues raised from retail customers through SFPUC appropriations prior to 2009 for revenue-funded regional projects not actually expended as of June 30, 2009 will be tracked as they are spent during the first three years of the new Agreement. That amount will then be amortized through level payments over a 10-year period, at 4% interest. 18 1680730.7 allocation of differing percentages of the costs of those assets, based on usage patterns other than annual average use, has been deleted. BAWSCA and SFPUC agreed to eliminate the division of assets into "current" and "ultimate" categories and to also eliminate the "maximum hour" and "maximum day" categories. These distinctions were insisted on by San Francisco in 1984 and have added considerable complexity to the calculation of each year's Wholesale Revenue Requirement. Dispensing with them substantially reduces the number of categories of regional system assets and will simplify administration of the new Agreement, without significantly changing the overall allocation of costs. Debt service "coverage" is the ratio of annual net revenues (and other qualifying funds) to annual debt service payments. Revenue bond indentures typically include a covenant by the issuer to maintain a minimum Debt Service Coverage ("DSC") ratio. The higher the ratio, the more security for repayment is provided to the bondholders, which aids in achieving lower borrowing costs, which in turn benefits all system users. The 2006 Series A Water Revenue Bonds indenture has a 1.25 minimum DSC covenant: net revenues and available fund balances must be at least 1.25 times the annual debt service payment due. The new Agreement includes a proportionate contribution to maintaining required coverage in the calculation of revenues for which wholesale customers are responsible. Wholesale payments in excess of debt service itself will be allocated to a reserve fund balance. Interest earned on the fund will be credited to wholesale customers. The Coverage Reserve is also expected to satisfy wholesale customers' share of the Water Enterprise's working capital requirements. The wholesale customers will also contribute their share (based on annual proportional water use) towards new regional system capital projects paid for out of revenues. SFPUC considers the San Francisco Charter to require that it have funds on hand sufficient to pay for a project before it awards a construction contract. Under the cash method, 19 16807307 rates for both San Francisco retail customers and wholesale customers will be set based on annual appropriations fixed by the Commission in its budget, rather than on amounts subsequently expended. As with the debt service coverage issue, wholesale revenues used for revenue-funded capital projects will be transferred to a restricted reserve, interest on which will be credited to the wholesale customers. And at five year intervals, surplus accumulations in the fund (i.e., those neither spent nor formally encumbered) will be transferred to the wholesale customers' credit in the balancing account. C. Rates and Balancing Account 1. Rates and Rate Structure. The requirements in the current Contract for the SFPUC to provide budget information, an explanation of how rates for the upcoming fiscal year have been calculated, and advance notice of Commission action on rates will all be continued. The current Contract has allowed the SFPUC considerable latitude in establishing the structure of wholesale rates-- that is, the relationship among the various components of the rate schedule (e.g., meter service charge, consumption charge, etc.). The Contract did require that the rate structure not be arbitrary, unreasonable or unjustly discriminatory as among the wholesale customers. This same approach is continued in the new Agreement. In addition, the new Agreement also provides for longer advance notice of any proposed changes in rate structure, together with an analysis of how the proposed change would affect different groups of wholesale customers and an ample opportunity for wholesale customers to comment on the proposals before they are presented to the Commission by SFPUC staff. 2. Balancina Account. The new Agreement retains the annual reconciliation between the amount due from wholesale customers (applying the formulas in the Agreement to actual costs and actual water sales) and the amount actually charged to wholesale customers. The difference will then be added to-- or subtracted from --a "balancing account"which will earn interest and which can be taken into account in setting rates for future years. The 1984 Contract was, in retrospect, overly rigid in requiring the balancing account to be"zeroed out" as 20 1680730.7 soon as possible, which in turn led to excessive fluctuations in wholesale rates, as one correction created a need for an offsetting correction in a subsequent year. The new Agreement allows far more flexibility in dealing with the annual variances than the 1984 Contract did. For example, "positive" balances (those in favor of the wholesale customers)will in general be held as a rate stabilization account; and "negative' balances (those in favor of SFPUC) may be drawn down over three years rather than one. If a significant positive balance develops and persists for three years, wholesale customers may, through BAWSCA, direct that some or all of the credit be applied to one of several purposes, such as paying off existing assets more quickly. D. Accounting and Auditina The current Contract requires the SFPUC to maintain a rigorous accounting system and to carefully calculate and clearly document each year the annual Wholesale Revenue Requirement. That calculation is then audited by an independent CPA, in accordance with Generally Accepted Auditing Standards, which then issues its own "compliance audit" report. All these protections for wholesale customers will be retained. Some procedural requirements have been simplified, but a new provision has been added requiring SFPUC senior management to personally take responsibility for the SFPUC's calculation of the accuracy of the annual Wholesale Revenue Requirement. PART THREE ADMINISTRATIVE PROVISIONS A. Term (Section 2.01) The new Agreement will have a term of 25 years, running from July 1, 2009 to June 30, 2034. It may be extended for one, or two, additional five-year periods with the consent of the SFPUC and wholesale customers representing at least two-thirds in number and seventy- five percent (75%) of wholesale customers' water use. If a wholesale customer does not want 21 1680730.7 to remain a party to the Agreement as extended, it cannot be compelled to do so by the decision of other wholesale customers. B. Unanimous Participation Not Necessary (Section 2.02) The Agreement assumes that all 27 wholesale customers will sign it, as well as an individual water sales contract(with the exception of Hayward, which will continue its 1962 contract in force). However, it does not require 100% participation to become effective. So long as 21 or more wholesale customers, representing collectively 75% or more of water use in 2007-08, have signed both agreements by September 1, San Francisco may waive the requirement of unanimity, at which point the Agreement will become effective for all agencies that have signed.10 C. Amendments to Agreement (Section 2.03) The 1984 Contract is extremely difficult to amend, requiring concurrence by a very large super-majority of wholesale customers. BAWSCA agrees with the SFPUC's suggestion that some aspects of the new Agreement should be somewhat easier to amend. However, super-majorities, in terms of both the number of agencies (two-thirds) and the percentage of water purchased (75%), continue to be required to amend basic provisions. Amendments affecting an individual agency's "fundamental rights' under the Agreement cannot be adopted without the approval of that agency. D. Delegation of Administrative Tasks to BAWSCA (Section 8.04) When the 1984 Contract was negotiated, there was no durable, representative organization which could be delegated responsibility to act as agent for contract administration on behalf of the wholesale customers. BAWSCA's predecessor, the Bay Area Water Users Association (BAWUA), was at that point simply an unincorporated association, governed entirely The number necessary to constitute 2/3rds of the total may drop to 20 if California Water Service Company's (Cal Water)acquisition of the assets of Skyline County Water District closes before June 30, 2009, thereby reducing the total number of wholesale customers from 27 to 26. 22 1680730.7 by city and water agency staff. For that reason, the 1984 Contract provided for a variety of administrative decisions to be made by five "Suburban Representatives' -- agencies to be chosen by all BAWUA members or, absent a selection, the five largest agencies. In practice, the default option became the rule and for the past 25 years decisions about financial aspects of the contract, including the annual audit of the Wholesale Revenue Requirement, and initiation of arbitration, have been formally made by staff members of the five largest agencies, supported by BAWUA staff and consultants. With BAWSCA's formation in 2002, wholesale customers have available a significantly better alternative to attend to a number of technical but important matters, many of which will require oversight and decisions each year. As a regional government agency, whose board of directors is comprised largely of elected officials, and with a capable professional staff, BAWSCA is both durable and well prepared to assume responsibility for many of these administrative tasks. The new Agreement takes advantage of this development by assigning the tasks previously handled by the Suburban Representatives to BAWSCA. It also enables the BAWSCA board of directors to amend several technical attachments to the Agreement, such as those describing the details of water meter maintenance/calibration, and financial reporting. E. Annual Meeting with SFPUC Senior Management (Section 8.03) Annual meetings of SFPUC senior management with the wholesale customers will be continued, covering topics such as water supply conditions and outlook, capital projects under construction and planned, forecasts of wholesale water purchases and rates, etc. The awkward and inaccurate name given to them in the 1984 Contract (Suburban Advisory Group, or "SAG") will be omitted. The new Agreement also establishes other avenues for communication between the SFPUC and the wholesale customers. One is the Water Quality Committee mentioned previously. Another is a commitment by the SFPUC to send representatives to the BAWSCA Technical Advisory Committee, if and when requested. 23 1680730.7 F. Dispute Resolution; Limitations on Damages (Section 8.01; Section 8.14) The existing Contract requires that disputes related to the calculation of the Wholesale Revenue Requirement be resolved through mandatory binding arbitration. This will be continued. The length of time within which arbitration must be initiated has been shortened from 18 months after the delivery of the Compliance Auditor's report to 12 months. Disputes over other matters, such as water supply, may be presented to a court. The Agreement limits all parties' exposure to (as well as their entitlement to) damages for breach of contract to "general damages' -those which are clearly foreseeable. There are no corresponding limits on recovery of tort damages. G. Special Provisions for Some Agencies (Article 9 of Agreement) Article 9 of the 1984 Contract contained provisions for 12 agencies which had one or another unique situation not shared by other wholesale agencies, but important enough to warrant inclusion in the overall Contract to insure that all parties were aware of, and consented to, these particularized arrangements. The reasons for special treatment of several agencies in 1984 (including ACWD, Coastside, and Daly City) no longer exist. However, the new Agreement continues to include individual sections applying to Brisbane/GVMID, Cal Water, Estero Municipal Improvement District, Hayward, Hillsborough, San Jose, Santa Clara and Stanford. The provisions in the sections applicable to Estero and San Jose/Santa Clara merit brief discussion. 1. Estero Municipal Improvement District. Estero's 1961 contract has a term of 50 years, rather than the typical 25 years. As a result, it will not expire until July 1, 2011. Accommodating to this, the 1984 Contract provides that Estero's individual Supply Guarantee will be based on its water purchases from SFPUC in the last calendar year of the old Contract-- i.e., 2010. Estero has proposed an alternative approach to fixing its permanent Supply Guarantee: adopting a fixed amount now, and specifying that amount in the new Agreement, 24 1680730.7 rather than waiting to see what occurs in 2010. The amount proposed is 5.9 MGD, about 0.3 MGD more than Estero's recent use. Substantial support for, and no opposition to, this proposal was voiced at a meeting of the official representatives of the wholesale customers held in mid-March. Accordingly, it is included in the new Agreement. 2. San Jose and Santa Clara. San Jose and Santa Clara have never had individual Supply Guarantees, because of their status as temporary customers. The new Agreement does not provide them Supply Guarantees. It does, however, commit SFPUC to supply them up to 9 MGD through 2018, subject to various contingencies." The Water Supply Agreement does not allocate the 9 MGD cap between the two cities. That decision will be made solely by San Jose and Santa Clara, other wholesale customers are not involved. Once made, the decision will be incorporated in each city's individual Water Sales Contract with the SFPUC. If legal counsel for any of the wholesale customers have questions about this summary report, the new Water Supply Agreement, Individual Water Sales Contracts, or the process by which (and the schedule on which) they are to be considered for approval by each wholesale customer, they should feel free to contact either of the attorneys at Hanson Bridgett whose names appear below. Respectfully submitted, Ray McDevitt Allison Schutte 415-995-5010 415-9095-5823 rmcdevitt(a)hansonbridgett.com aschutte(a,)hansonbridgett.com This commitment does not extend beyond 2018 and does not affect the permanent Supply Guarantees of other wholesale customers. 25 1680730.7 The two following pages are copies of two attachments to the new Water Supply Agreement. They are high- level summaries, illustrating the application of the cost- allocation principles in the Water Supply Agreement to a particular year -- in this case, FY 2009-10. The first page (Attachment N-2, Schedule 1 ) shows the calculation of the overall Wholesale Revenue Requirement ($140,994,733), which includes $28,903,512 attributable to the Hetch Hetchy Water and Power Enterprise. This schedule also shows the amount to be contributed to the Wholesale Debt Service Coverage Reserve ($4,488,233) in FY 2009-10. The second page (Attachment N-2, Schedule 4) provides details showing how the $28,903,512 Hetch Hetchy component was calculated. The dollar values and water use percentages shown in these schedules are merely estimates. The schedules are intended to be illustrative, rather than predictive. However, they may be of assistance when reading Part Two of the Summary Report, which describes the Agreement's cost-allocation principles and formulas. 1680730.7 WHOLESALE REVENUE REQUIREMENT SCHEDULES ATTACHMENT N-2 CALCULATION OF WHOLESALE REVENUE REQUIREMENT SCHEDULE 1 FISCAL YEAR 2009-10 REFERENCE ARTICLE 5 JOINT EXPENSE EXPENSE CATEGORY CONTRACT SCHEDULE TOTAL DIRECT RETAIL DIRECT REGIONAL ALLOCATION WHOLESALE REFERENCE REFERENCE WHOLESALE FACTOR SHARE OPERATING AND MAINTENANCE EXPENSE: -' SOURCE OF SUPPLY 5.05(A) SCH 8.1 $ 14,943,953 $ 1,251,062 $ - $ 13,692,80,€ `�,`ANNUAL USE' $ 9,364,568 PUMPING 5.05(B) SCH 8.1 $ 4,342,682 $ 3,854,000 $ - $ 488,682•, ANNUAL USE' $ 334,210 TREATMENT 5.05(C) SCH 8.1 $ 30,445,053 $ - $ - $ 30.445,953 ANNUAL USE' $ 20,821,372 TRANSMISSION&DISTRIBUTION 5.05(D) SCH 8.1 $ 53,416,232 $ 30,163,286 $ ` `$. 23,252,946, ANNUAL USE' $ 15,902,690 CUSTOMER ACCOUNTS' 5.05(E) SCH 8.1 $ 7,552,213 $ 7,401,169 $ 151,044 $ -. 2% $ 151,044 TOTAL O&M $ 110,700,133 $ 42,669,517 $ 151,044 $ 67,879,572 46,573,883 COMPOSITE% (WHOLESALE SHARE/TOTAL O&M) 5.06(C) 42.07% ADMINISTRATIVE AND GENERAL EXPENSES: COWCAP 5.06(A) SCH 8.1 $ 1,233,009', $ $ $ 1,238,009 COMPOSITE O&M $ 520,857 SERVICES OF SFPUC BUREAUS 5.06(B) SCH 7 #REFI!`. #kEF! $ #REF! ANNUAL USE' #REF! OTHER A&G 5.06(C) SCH 8.1 $ -- 12,972,477 'r6 4,009,891 $ - $ 8,962,586 COMPOSITE O&M $ 3,770,749 COMPLIANCE AUDIT 5.06(D) SCH 8.1 $, '200,000 $ $ $ 200,000 50% $ 100,000 TOTALA&G #REF( #REF! $ #REF! #REF! PROPERTY TAXES 5.07 S�C.H.8.1 $ 1,417,293 $ - $ - $ 1,417,293 ANNUAL USE' $ 969,287 CAPITAL COST RECOVERY \\ PRE-2009 ASSETS 5.0 1 (kTT K $ 24,051,326 DEBT SERVICE ON NEW ASSETS 5. (4 SCH 2 #REF! REVENUE FUNDED ASSETS-APPROPRIATED TO WHOLESALE CAPITA FUN' I( SCH 3 #REF! TOTAL CAPITAL COST RECOVERY #REF! WHOLESALE SHARE HETCH HETCHY WATER&POWER 9 5.04 SCH 4 #REF! WHOLESALE REVENUE REQUIREMENT #REF! WHOLESALE REVENUE COVERAGES #REF! 'Proportional Annual Use(68.39%) 'Water Enterprise Share of Customer Accounts Expenses(62%of Total Customer Accounts Expenses) 325%of Wholesale Share of Debt Service WHOLESALE REVENUE REQUIREMENT SCHEDULES ATTACHMENT N-2 CALCULATION OF WHOLESALE SHARE OF HETCH HETCHY WATER&POWER SCHEDULE 4 FISCAL YEAR 2009-10 REFERENCE ARTICLE 5 CONTRACT SCHEDULE POWER WATER JOINT WATER- WHOLESALE WHOLESALE EXPENSE CATEGORY REFERENCE REFERENCE TOTAL SPECIFIC SPECIFIC JOINT ALLOCATION RELATED PERCENTAGE TOTAL ALLOCATION FACTOR SHARE OPERATION AND MAINTENANCE OPERATION 5.08 B 1 SCH 8.2 $ 44,612,220 $ 31,853,965 $ 9,557,861 $ 3,200,394 45% $ 10,998,038 —11 µNW` $ 7,484,165 MAINTENANCE 5.08 B 1 SCH 8.2 $ 16,868,612 $ 5,048,039 $ 3,238,622 $ 8,581,951 45% $ 7,120,500 A1111 PN°Mnw+u I— $ 4,831,890 TOTAL OPERATION AND MAINTENANCE $ 61,480,832 $ 36,902,004 $ 12,796,483 $ 11,782,345 $ 18,098,538 $ 12,316,055 ADMINISTRATIVE AND GENERAL $ _ Aauare°PN°voN*arab ua1ui COWCAP 5.0832 SCH 8.2 $ 1,139,579 $ - $ - $ '+,139,579 45% $ 512,811 E 348,968 SERVICES OF SFPUC BUREAUS 5.08 B 2 SCH 7 #REF! #REF! #REF! $ 46% #REF! AD--P µNW` #REF! OTHER A&G 5.0882 SCH 8.2 $ 25,581,481 $ 14,913,071 $ 36,070 $ 10,632,340 45% $ 4,820,623 Amusre°PN uN�NSE1 µNW$ 3,280,434 CUSTOMER ACCOUNTS 5.08 B 2 SCH 8.2 $ 347,403 $ 347,403 $ $ - 45% $ —.0 Pa�rawu IN— $ TOTAL ADMINISTRATIVE AND GENERAL #REF! #REF! #REFI E 11,771,919 #REF! #REF! PN°P°an ANN— PROPERTY TAXES 5.08 B 3 SCH 8.2 $ 452,000 $ \$ - $ 456,305 45% $ 205,337 nwusre° � $ 139,732 CAPITAL COST RECOVERY PRE-2009 ASSETS 5.09 B 1 ATT K-4 ( r $ 3,118,033 DEBT SERVICE ON NEW ASSETS 5.09 B 2SCH 5 1� #REF! REVENUE FUNDED ASSETS-APPROPRIATIONS TO WHOLESALE CAPITAL FUND 5.09 B 3 SCH 6 ,\p\ q \ #REF! TOTAL CAPITAL COST RECOVERY -# \, a`J�\ l #REF! WHOLESALE SHARE OF HETCH HETCHY WATER&POWER #REF! (TO SCHEDULE 1) WHOLESALE REVENUE COVERAGE' #REF! 'Adjusted Proportional Annual Use(68.39%X 99.50%=68.05%) '25%of Wholesale Share of Debt Service Exhibit A Service Area Map , Vr. B a .. /r�1E r w4 San Francsisco Say .. c;J•r of oaf �ys� kjj r J "' � # ` h tyly 0 I�r� SL �Yrwtr qv y i Sr ytIN , .'W 00t yy. Irl 4 cr rr r 40 V ,...R Q /�l1 1 i n l o . a ,<.. 1Or p� r ��/ t��/ �r/r•+r�_ _ �. r„ MI! d' c. � � \ ._�ut5grr �i 0 �},�`8 � .. ca. r .Q !. ✓Y ` t� IV � _ I ru $fi ...� F� .ykIA f o, Y - / Source: Thomas Brothers Maps, 2003 City ofBurlingame ' � " �„ Unincorporated Area of Burlingame(Note 2) s k 1600 0 1,600 m 1 frr _ �� 1 eY p '4^ tyr lr (Approximate Scale in Feet) ',0E4� Erler & Kalinowski, Inc. r,�c +x t,,""' " F,4 ter. a •rsr.+* Notes Approximate Extent of the City of Burlingame 1�,e ,. �S 1.All locations are approximate. �� City of Burlingame E,r'E tr *r + f 2.Unicorporated areas of Burlingame are served with potable water by the City of Burlingame. {i Burlingame,CA AVS,yy�2 r � suaun�nrnc July 2008 �l ee, "Kp4 .... . '«�. GG A20031.03 5 Figure 4-2 Exhibit B Location and Description of Service Connections to the SFPUC Regional Water System Service Meter Service Street Service Meter Account Connection Address Service Street Suffix Service City Size Size 010028017 1 1320 ELCAMINO RL Burlingame 12 8 010028017 1 135 PEPPER AV Burlingame 8 8 010029015 1 1149 BALBOA ST Burlingame 12 8 010030013 1 740 ELCAMINO RL Burlingame 12 6 010030013 2 740 ELCAMINO RL Burlingame 6 010031011 1 1609 TROUSDALE AV Burlingame 16 10 010032019 1 1750 MARCO POLO Wy Burlingame 12 6 010032019 2 1750 MARCO POLO WY Burlingame 0 6 010028017 1 1320 ELCAMINO RL Burlingame 12 8 010028017 1 135 PEPPER AV Burlingame 8 8 010029015 1 1149 BALBOA ST Burlingame 12 8 Water Supply Agreement Between the City and County of San Francisco and the Wholesale Customers in Alameda, Santa Clara and San Mateo Counties City of Burlingame City Council May 18, 2009 To Prepare the Council to Consider Approval of the New Water Supply Agreement 1 . Purpose of the Agreement 2 . Background 3 . Major Provisions 4 . Schedule for Action 5 . Questions and Answers Purpose of the Agreement To provide the customers of the City of Burlingame with a reliable supply of high quality water at a fair price . Background Each BAWSCA Member Has Two Contracts with San Francisco 1. The "Water Supply Agreement" — Contains provisions common to all Wholesale Customers — Cites services San Francisco is to provide — Allocates eligible costs between San Francisco's Retail and Wholesale Customers 2. An "Individual Water Sales Contract" — Specifies water delivery locations — Identifies the local water agency area — Contains unique conditions of service Background All of BAWSCA" s 27 Member Agencies are Parties to the Existing " Master Contract" Lawmnce Livermore San Francisca Bay LaboratarV San Antonio J, Reservoir s e- � Reservoir voir ' • • PllardEas ' • _ Resarroir. �` � 4'1 Crystalcalaveras ng ? 1 Res r i Reservoir Serving . 1 . 7 Million People 30, 000 Businesses Background BAWSCA Was Authorized to Negotiate the new Water Supply Agreement • Request for authorization specified objectives for reliable supply of high quality water at a fair price • Authorized by the City of Burlingame City Council on August 21, 2006 • All BAWSCA agencies authorized BAWSCA as to be their negotiator Major Provisions • Exceeds agencies' objectives • Articulates services to be provided • Protects financial interests • Has a term of 25 years Major Provisions Meets Original Agreement Objectives : Reliable Supply of Water 1. Complete the Water System Improvement Program by 2015 2. Maintain the regional water system to utility standards 3. Deliver water equitably in the event of major system disruption 4. Operate with water supply to have priority over hydro power 5. BAWSCA agencies able to transfer entitlements 6. BAWSCA and agencies can "wheel" water during droughts Major Provisions High Quality Water 7. Water to meet Safe Drinking Water Act standards 8. SF provides prompt notice of potential or actual violations Charge a Fair Price 9. Retain basic architecture of the 1984 Contract: • Pay for facilities and services that benefit Wholesale Customers • Costs allocated on the basis of proportional annual use • Annual accounting audits continued with balancing account 10. Provide greater flexibility to prevent sharp rate fluctuations Major Provisions Additional Water Supply Provisions 1 . Continues the perpetual Supply Assurance 2 . Allocates drought shortages between San Francisco's Retail and Wholesale Customers 3 . SFPUC's self-imposed water supply limitation applies to both Wholesale & Retail Customers — Agencies are subject to an Environmental Surcharge for water purchased above limits to be set by SFPUC — San Jose and Santa Clara remain temporary and interruptible customers, contrary to their original objectives Major Provisions Additional Water Supply Provisions 4. Recognizes BAWSCA role as an agency to implement regional water supply and conservation projects 5 . Requires SF to use best efforts to identify and establish additional sources of dry year water supply 6. If SF develops new supplies to increase the Supply Assurance, it will do so jointly with BAWSCA 7 . If SF develops substitute supplies to meet the existing Supply Assurance, it will inform and collaborate with BAWSCA & Wholesale Customers Major Prisions repayment of San Francisco's Capital Investments in the Regional Water System Change in method from the existing agreement — Wholesale Customers will pay a proportionate share of debt and revenue funded projects "Cash Method" is better than " Utility Method" 1 . Same average wholesale rate increase over the next seven years (under the existing rate structure) 2 . Saves $270 Million over 25 years 3 . Avoids saddling future generations with debt 4. Improves bond buyer outlook and interest rates Schedule for Action April 28 SFPUC approved the new Water Supply Agreement May —June Agencies consider approval of the new Water Supply Agreement and individual Water Sales Contracts Questions and Answers Agenda Item # 9a Meeting BURLINGAME STAFF REPORT Date: May 18, 2009 o SUBMITTED 13; APPROVED BY TO : HONORABLE MAYOR AND CITY COUNCIL DATE: May 12 , 2009 FROM : PUBLIC WORKS SUBJECT: RESOLUTION APPROVING CITY OF BURLINGAME'S MEMBERSHIP IN THE BAY AREA BIO-SOLIDS JOINT POWERS AUTHORITY RECOMMENDATION : It is recommended that Council approve the attached resolution to approve City of Burlingame's membership in the Bay Area Bio-Solid Joint Powers Authority. BACKGROUND : Currently the wastewater treatment plant generates approximately 5 , 000 tons of bio-solids annually. The bio-solids are extracted from the wastewater treatment processes and transported to Solano County for disposal and landfill application . The Solano County Ordinance to accept bio-solids is set to expire in 2012 . Unless the Ordinance is re-instated , many Bay Area agencies would face a challenge in identifying alternate sites as there are no other disposal sites available in the Bay Area . The next nearest disposal site is located in San Joaquin County. Disposing of bio-solids to distant landfill facilities will potentially increase transportation costs and will also increase the carbon footprint of our wastewater treatment plant operations. In March 2006 , several Bay Area agencies formed a Joint Powers Authority (JPA) to explore and pursue a feasibility study and planning for a new bio-solid recycling facility close to the Bay Area. The concept of the JPA was to identify alternatives and site evaluation for disposing of bio-solids and potentially generate electricity through bio-solids. DISCUSSION : The First Amendment to the JPA expands membership opportunities to a limited number of public agencies to provide funding for the alternatives evaluation , engineering planning , environmental review, and site evaluation of a new facility. The amended JPA is expected to have a total of 16 members including the City of Burlingame with one vote per member agency to facilitate future decision making process. S:\A Public Works Directory\Staff Reports\Bay Area Bio-Solids Joint Powers Authority 2009.doc Upon selection of a suitable site and preparation of the environmental documentation, the JPA plans to seek State and Federal funds to design and construct the facility. The City's membership in the JPA will ensure future availability of an alternate site for bio-solids disposal and will potentially help reduce green-house gases as the new facility is expected to clean generate electricity as well as reduce the transportation. The JPA does not bind and mandate the City to use the bio-solids recycling facility. The City may choose to dispose of its bio-solids at a different facility if it is found to be cost-effective. BUDGET IMPACT: The City's cost to be a member of the JPA is estimated to be $57,537 for the two year period. The next year's membership cost is included in the 2009-10 Waste Water Treatment Plant operation budget. EXHIBITS: Resolution, Bio-Solid JPA and First Amendment to the JPA S:\A Public Works Directory\Staff Reports\Bay Area Bio-Solids Joint Powers Authority 2009.doc RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME APPROVING THE CITY OF BURLINGAME'S MEMBERSHIP IN THE BAY AREA BIO-SOLIDS JOINT POWERS AUTHORITY AND AUTHORIZING THE MAYOR TO EXECUTE THE FIRST AMENDMENT TO THE AGREEMENT WHEREAS, the member agencies of the Bay Area Bio-Solids Joint Powers Agreement wish to share the costs of developing a financial and environmental evaluation of established alternatives to Class B land application/landfill ADC/landfill disposal of sewage treatment plant solid waste and said evaluation will include planning activities for the future development of a Bay Area Bio-Solids recycling facility; and WHEREAS, in 2006, numerous public agencies including the City of Millbrae and the San Francisco Public Utilities Commission among others, entered a Joint Powers Agreement to evaluate the financial and environmental details of alternative methods of the disposal of bio-solid waste generated by their respective sewage treatment plants; and WHEREAS, the first amendment to the Joint Powers Agreement expands its purpose to include definition of the roles and responsibilities of the member entities and to provide funding for the alternatives evaluation, engineering planning for a proposed facility, review and evaluation of facility site location and environmental review and documentation; and WHEREAS, under the terms of the first amendment to the Joint Powers Agreement, the City of Burlingame and several other entities would become members of the JPA; and WHEREAS, the City of Burlingame wishes to become a member of the Bay Area Bio-Solids Joint Powers Agreement so that the City can explore the feasibility and cost of disposing of the Burlingame Treatment Plant's solid waste in an efficient, cost—effective and environmentally-friendly manner; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Burlingame hereby approves membership of the City of Burlingame in the Bay Area Bio-Solids Joint Powers Agreement and authorizes the Mayor to execute the First Amendment the Joint Powers Agreement, in the form attached hereto and incorporated herein. Ann Keighran, Mayor I, Mary Ellen Kearney, Clerk of the City of Burlingame, hereby certify that the foregoing Resolution was duly and regularly introduced and adopted at a regular meeting of the Burlingame City Council held on the l8tht day of May, 2009, by the following vote to wit: AYES: Councilmembers: NOES: Councilmembers: ABSENT: Councilmembers: Mary Ellen Kearney, City Clerk JOINT EXERCISE OF POWERS AGREEMENT AUG m 3 2006 JOINT EXERCISE OF POWERS AGREEMENT BETWEEN CITY AND COUNTY OF SAN FRANCISCO, CITY OF MILLBRAE, DELTA DIABLO SANITATION DISTRICT, DUBLIN SAN RAMON SERVICES DISTRICT, EAST BAY MUNICIPAL UTILITY DISTRICT, FAIRFIELD-SUISUN SEWER DISTRICT,AND UNION SANITARY DISTRICT TO PURSUE CEQA DOCUMENTATION AND FACILITY PLANNING SERVICES FOR A PROPOSED BAY AREA SOLIDS RECYCLING FACILITY March 30,2006 Page 1 of 18 JOINT EXERCISE OF POWERS AGREEMENT THIS JOINT EXERCISE OF POWERS AGREEMENT("Agreement"), made in the r J State of California on this day of 2006, is by and between City And County of San Francisco, a municipal corporation, acting by and through the Public Utilities Commission("SFPUC"); City of Millbrae("Millbrae");Delta Diablo Sanitation District ("DDSD"), a County Sanitation District;Dublin San Ramon Services District("DSRSD"), a local public agency of the State of California governed by its Board of Directors;East Bay Municipal Utility District ("BBMUD"), a local public agency of the State of California governed by its Board of Directors; Fairfield-Suisun Sewer District("FSSD"), a local public agency of the State of California governed by its Board of Directors; and Union Sanitary District("USD"), a local public agency of the State of California governed by its Board of Directors; referred to collectively herein as the"Parties" and singularly as a"Party". RECITALS 1. WHEREAS,the Joint Exercise of Powers Act, Govt. C. Secs. 6500 et seq. authorizes intergovernmental agreements; 2. WHEREAS,the Parties to this Joint Powers Agreement wish to share the costs of the development of an evaluation of established alternatives to Class B land application/landfill ADC/landfill disposal and also refine the cost estimates prepared in studies prepared by the Parties in September 2005 ("Alternatives Evaluation"), of a facility plan("Engineering Facility Planning"),of environmental documentation("Environmental Documentation Work"), and of public outreach("Outreach") for a possible future project that would result in the development of a Bay Area Solids Recycling Facility in the greater San Francisco Bay area; 3. WHEREAS,the Parties agree that DDSD, as the Contracting Agency, will provide the contract management and administration for the Alternatives Evaluation,Engineering Facility Planning,Environmental Documentation Work, and Outreach; and 4. WHEREAS,the Parties agree that SFPUC, Millbrae,DDSD,DSRSD,EBMUD,FSSD, and USD will each pay a proportionate share of the costs of the Alternatives Evaluation, Engineering Facility Planning,Environmental Documentation Work, and Outreach as set forth herein. NOW,THEREFORE,the Parties agree as follows: 1. PURPOSE The purpose of this Agreement is to define the roles and responsibilities of each Party, and to provide funding of the Alternatives Evaluation, Engineering Facility Planning,Environmental Documentation Work,and Outreach.Execution of this agreement does not represent a commitment to a regional solids recycling facility beyond the scope of the project defined herein. t Page 2 of 18 JOINT EXERCISE OF POWERS AGREEMENT DEFMTIONS Phase I: Study that was completed in June 2004 to assess the feasibility of a regional biosolids processing facility. Phase II: Study that was performed to review biosolids processing technologies, potential sites,capital and operating costs, governance structure, and product market assessment. Phase III: The studies described in Exhibit A, which will be performed under the authority of the Joint Exercise of Powers Agreement. Phase III studies consist of four discrete tasks: Task 1 -Alternatives Evaluation: Task 2 -Engineering Facility Planning, Task 3 - Environmental Documentation, and Task 4—Outreach. Phase IIIA: Phase IIIA is defined to include only Task 1 (Alternatives Evaluation) and Task 2(Engineering Facility Planning) of the Phase III tasks described in Exhibit A. Phase IIIB: Phase IIIB is defined to include only Task 3 (Environmental Documentation) and Task 4 (Outreach)of the Phase III activities described in Exhibit A. CEQA: The California Environmental Quality Act, codified as Division 13 of the Public Resources Code, as it may be revised from time to time. Consultant: Entity with which the Parties will contract to perform the scope of work. Staff from the Parties that participated in the project are not included in this definition. Alternatives Review of the Phase I and II findings, identification and evaluation of Evaluation: interim biosolids reuse/disposal alternatives for use by the participating agencies if land application is further restricted or banned prior to the construction and operation of a regional thermal drying facility. Engineering Facility Development of detailed planning for each of the proposed locations Planning: for the regional facility. This includes identification of the facilities needed, identification of the size of the facilities needed, development of preliminary site layouts, identification of utility services needed and availability,and other engineering considerations integral to facility planning. Environmental Development of all documentation for the project required by the Documentation Work: California Environmental Quality Act(CEQA). Outreach: Development of an outreach strategy to present the project to the community and receive input on concerns. The outreach strategy will be implemented during the environmental documentation(CEQA) stage. Lead Agency: Defined as set forth in Public Resources Code §21067, as it may be revised from time to time. Responsible Agency: Defined as set forth in Public Resources Code §21069, as it may be revised from time to time. Page 3 of 18 JOINT EXERCISE OF POWERS AGREEMENT 3. DESCRIPTION OF PROJECT This project contemplates completion of the Alternatives Evaluation, Engineering Facility Planning, Environmental Documentation Work and Outreach with identification of the preferred site alternative. Exhibit A Scope of Services attached hereto and incorporated herein by this reference describes the services for Task 1 Alternatives Evaluation,Task 2 Engineering Facility Planning,Task 3 Environmental Documentation,and Task 4 Outreach. It is the intent of the Parties that initially a Notice to Proceed with work issued to the Consultant will be for Task 1 only. Certain Parties may require additional authorization from their governing body before proceeding with subsequent tasks or phases. Upon completion of Task 1, and each subsequently authorized Task,the Parties will determine the timing and need for the execution of the remaining Tasks or any other Tasks that the Parties may elect to pursue. 4. RESPONSIBILITIES OF THE PARTIES a. DDSD will contract with a consultant to perform Task 1,and Tasks 2, 3 and 4 if subsequently authorized. DDSD will also manage the consultant contract for such services. b. USD will provide a senior engineer for up to 50% of his/her time to assist with contract management, focusing on Environmental Documentation Work. C. A project steering committee, consisting of one designated representative from each of the individual parties, will participate in the consultant selection process and make the consultant selection. They shall also make key decisions regarding the project, such as the selection of preferred site alternatives for CEQA analysis. Decisions will be made based on a simple majority of votes according to the vote allocation identified in Exhibit B. d. The parties have prepared and DDSD will send out a Request For Proposals ("RFP") for consultant services for Tasks 1,2, 3 and 4. e. DDSD will be responsible for the execution and management of the contract with the consultant. f. All Parties,upon receipt of authorization from their governing body, shall participate in Tasks 1,2, 3 and 4 by providing comments within two (2)weeks of receiving a project submittal. The parties will participate in workshops to review and discuss the submittals. g. The Parties agree to work cooperatively together to study the potential environmental impacts and mitigations of the alternatives for the possible future project. h. The Agency whose jurisdiction is identified as the preferred facility site will act as lead agency under CEQA to conduct environmental review of the project. The remaining Parties will be responsible agencies under CEQA. Page 4 of 18 JOINT EXERCISE OF POWERS AGREEMENT i. At the end of the project,the party on whose land the facilities will be constructed shall retain and archive the documents developed under the scope of work for the project. 5. COST SHARING AND PAYMENT a. The Parties agree that the costs of completing Tasks 1,2,3 and 4 by consultants shall be shared as set forth in Exhibit B,attached hereto and incorporated herein,provided that the respective parties'cost share percentage specified in Exhibit B will not exceed the total dollar amounts approved by the respective Boards of the Parties,unless an increase in such amounts is further approved by the respective Boards.The Parties agree to pay for their own staff time(including overhead and fringe benefits)incurred in,and expenses related to,the review of and comments upon the work products of Tasks 1,2,3 and 4. b. DDSD shall establish an interest bearing account to make payments for consultant services related to Tasks 1,2,3 and 4.Within 30 days of award of consultant contract,the Parties will each deposit their proportionate share,as set forth in Exhibit B,determined by the project steering committee to be necessary to complete to the 50%level for Task 1 only.The remaining amounts for the Task 1 scope of work will be deposited respectively by the Parties within 30 days of notification from DDSD that the balance of funds is required to complete the work.A similar schedule of payments will be required for the subsequent Task authorizations to proceed. Accrued interest and remaining funds,if any,will be returned to the parties in shares proportionate to the contribution amounts as set forth in Exhibit B after contract completion. C. Parties shall have the right to request copies of invoices.Disputes will be resolved in accordance with Section 18 of this Agreement. d. The Parties may terminate their participation at any point by providing 30 days' written notice to the other Parties.Parties terminating must pay in full their share of any financial obligations remaining for the Tasks that had been authorized at the time of providing notice of termination according to the contribution amounts set forth in Exhibit B. e. It is the intent of the Parties to share costs to develop the facilities across all facilities users,including users who are not party to this agreement.It is the intent of the Parties to require future users to reimburse the Parties(and any other investors in the facility)for implementation costs prior to a users use of the facility,including a"late subscriber charge"if any.The cost sharing formulas and facility-user costs will be developed and adopted in conjunction with facility-user rate setting and prior to facility operation. 6. REASONABLE CARE Each Party shall exercise reasonable care in the performance of its obligations and rights under this Agreement to ensure that another Party's facilities and operations are not impaired or damaged. Page 5 of 18 JOINT EXERCISE OF POWERS AGREEMENT 7. LIABILITY, INDEMNITY AND HOLD HARMLESS In performance of this Agreement, each Party, its agents, employees, and contractors shall act in an independent capacity and not as officers, employees, or agents of any other Party. No Party assumes any liability for the activities of another Parry in performance of this Agreement. Each Party is responsible in proportion to its respective fault for all liability, including but not limited to personal injury or property damage that may arise out of this Agreement. Each Party expressly agrees to defend, indemnify, and hold harmless the other Parties and their Directors, officers, agents and employees from and against any and all loss, liability, expense, claims, suits, and damages, including attorneys' fees, to the extent arising out of or resulting from such Party's, its associates', employees', subconsultants', or other agents' negligent acts, errors or omissions, or willful misconduct, in the operation and/or performance under this Agreement. I The contract with the consultant providing the services for Tasks 1, 2, 3 and 4 shall provide that such consultant shall indemnify and defend the Parties to this Agreement from and against any and all loss, liability, expense, claims, suits, and damages, including attorneys' fees, arising out of or resulting from such consultant's negligent acts, errors or omissions, or willful misconduct, in the performance of such consultant's work. 8. INSURANCE During the term of this Agreement, the Parties shall either purchase General Liability, Automobile Liability, and Worker's Compensation insurance through an insurance carrier or shall provide evidence of self-insurance (including, with respect to Worker's Compensation, a certificate of consent to self-insure) to protect such Parry from claims that may arise from activities under this Agreement. During the construction phase, DDSD or its successor shall also procure General Liability insurance to protect all of the Parties against any and all liability, including but not limited to personal injury or property damage, that may arise out of construction activities. The costs of the premium for the General Liability insurance described in the preceding sentence shall be invoiced by DDSD or its successor, and shall be paid by the Parties in the respective shares set forth in Exhibit B, attached hereto and incorporated herein. The contract with the consultant providing the services for Tasks 1, 2, 3 and 4 shall provide that such consultant shall carry commercial general liability, automobile liability, workers compensation, employer's liability, and professional errors and omissions insurance and that the Parties to this Agreement shall be named as additional insured on the commercial general liability and automobile liability policies. 9. MAINTENANCE AND INSPECTION OF BOOKS, RECORDS, AND REPORTS DDSD shall maintain careful, accurate and complete records of all project costs. During regular office hours, any Party or its duly authorized representatives shall have the right to inspect and make copies of any books, records, and reports pertaining to this Agreement or related matters. Each Party shall maintain and make available for such inspection accurate records of all its costs, disbursements, and receipts with respect to its activities under this Agreement. The Parties may audit any and all records and activities at any time at their own expense. Page 6 of 18 JOINT EXERCISE OF POWERS AGREEMENT lo. UNCONTROLLABLE FORCES If any Party is precluded in whole or in part from performing under this agreement as a result of uncontrollable forces,the effect of which,by the exercise of reasonable diligence,the Party could not avoid,all Parties are relieved from the obligations to the extent they are reasonably unable to complete the obligations due to the uncontrollable force.Uncontrollable forces shall include,but are not limited to,earthquakes,fires,floods and other natural disasters.However, each Party shall be responsible for repaying any costs incurred on its behalf by another Party before the occurrence of the uncontrollable force.The contract with the consultant providing the services for Tasks 1,Z 3 and 4 shall provide that such consultant shall cease work upon the occurrence of uncontrollable forces as described above,and shall not be entitled to claim any lost profits associated with the expected completion of the work- 11. NOTICES Unless otherwise specified in this Agreement,all notices shall be deemed to have been given if delivered personally or if enclosed in a properly addressed and stamped envelop and deposited with the US Postal Service for delivery by registered or certified mail.Unless and until notified otherwise,in writing,all notices except as otherwise specified in this Agreement shall be delivered to the Parties at their addresses below: DDSD Gary Darling,General Manager Delta Diablo Sanitation District 2500 Pittsburg-Antioch Highway Antioch CA 94509-1373 DSRSD Bert Michalczyk,General Manager 7051 Dublin Blvd. Dublin,CA 94568 EBMUD Dave Williams,Director of Wastewater 375 1 Vh St.,MS 702 Oakland,CA 94607 FSSD Richard Luthy,General Manager/District Engineer 1010 Chadbourne Road Fairfield,CA 94534-9700 City of Millbrae Ronald Popp,Director of Public Works 621 Magnolia Avenue Millbrae,California 94030 Page 7 of 18 JOINT EXERCISE OF POWERS AGREEMENT SFPUC Bill Keaney SFPUC Wastewater Enterprise 1155 Market St.11 1th Floor San Francisco, CA 94103 USD Richard Currie, General Manager 5072 Benson Rd Union City, CA 94587-2508 12. TERM This Agreement shall become effective on the date first set forth above after it is duly executed by each Parry and, except as,to a party who has provided notice of termination of its participation and paid in full its share of the financial obligations for the scope of work that had been authorized at the time notice of termination was given pursuant to paragraph 5d, shall remain in effect until such time as all authorized Tasks are complete and the cost sharing obligations of the Parties, as specified herein, have been satisfied. Notwithstanding the previous sentence, the obligations set forth in paragraphs 5, 7, 12, 13, and 18 of this Agreement shall survive the expiration or termination of this Agreement and shall continue to apply to a party who has terminated its participation pursuant to paragraph 5d. 13. COMPLIANCE WITH LAWS In exercising its rights or carrying out its obligations under this Agreement, each Party shall be responsible for complying with all applicable Federal, State and County laws, regulations and ordinances and for securing any required consent, permit, or order. Upon written request, a Party shall provide written proof that such consent, permit, or order was properly obtained. 14. AMENDMENT AND WAIVER Except as provided herein, no alteration, amendment, variation, or waiver of the terms of this Agreement shall be valid unless made in writing and signed by all Parties. Waiver by any party of the default, breach or condition precedent, shall not be construed as a waiver of any other default, condition precedent, or right hereunder. 15. SUCCESSORS This Agreement shall bind the successors of the Parties in the same manner as if they were expressly named. Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than the Parties or their respective successors. l Page 8 of 18 JOINT EXERCISE OF POWERS AGREEMENT 16. TIME Time is of the essence of this Agreement. 17. INTERPRETATION This Agreement shall be deemed to have been prepared equally by all Parties,and its individual provisions shall not be construed or interpreted more favorably for one party on the basis that the other Parties prepared it. 18. DISPUTES A. General:It is the intent of the Parties that before the initiation of any administrative,legal or equitable action concerning any dispute arising out of this Agreement,such dispute must be submitted to the dispute resolution process provided in this paragraph.The Parties shall make good faith efforts to resolve all such disputes by negotiation or mediation as provided in this paragraph and at the lowest possible cost. B. Dispute Notification and Negotiation:Any party claiming a dispute arising out of Us Agreement shall notify the other Parties concerning the nature of such dispute in writing.The Parties shall first attempt to negotiate and resolve such dispute at the technical and/or administrative staff level as appropriate.If the dispute is not resolved at this level then the General Managers of the Member Agencies,other chief staff persons or their designees shall attempt to negotiate and resolve the dispute.If the Parties are unable to resolve a dispute at the staff level,the governing bodies of the Parties may each appoint not more than two representatives thereof who shall attempt to negotiate and resolve the dispute.If the dispute has not been resolved through the negotiation process set forth in this paragraph 18.13 within ten(10)weeks of the initial written notification of the dispute,any Party may request mediation as set forth below. C. Mediation:Any Party may request mediation by sending a written demand for mediation of a dispute to the other Parties.The Parties shall select,by agreement, the mediator.No person shall act as a mediator who is in any way financially interested in the work or the business or political affairs of any Party.The mediator shall meet with the Parties together and/or alone as needed in an attempt to facilitate the resolution of the dispute. D. Final Recourse:If a dispute is not resolved through mediation within eight(8) weeks of the written demand for mediation,a Party may resort to such other recourse deemed appropriate,including,but not limited to,seeking administrative,legal or equitable relief. E. Attorneys'Fees:Each Party shall bear its own attorneys'fees and costs in all aspects of dispute resolution. Page 9 of 18 JOINT EXERCISE OF POWERS AGREEMENT 19. INTEGRATION This Agreement represents the entire understanding of the Parties as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder. 20. SEVERABILITY Should any part of this Agreement be declared by a final decision by a court or tribunal of competent jurisdiction to be unconstitutional, invalid or beyond the authority of any party to enter into or carry out, such decision shall not affect the validity of the remainder of this Agreement, which shall continue in full force and effect, provided that the remainder of this Agreement can be interpreted to give effect to the intentions of the Parties. 21. SIGNATURES This Agreement may be executed in counterparts. 22. GOVERNING LAW This Agreement and all matters relating to it shall be governed by and construed in accordance with the laws of the State of California. i l Page 10 of 18 JOINT EXERCISE OF POWERS AGREEMENT IN WITNESS WHEREOF, the Parties hereto have executed the Agreement to be effective on the date first above written. CITY OF MILLBRAE proved as to form: By: yJan Crisman, R L. Jaeck,Attorney City Manager DELTA DIABLO SANITATION DISTRICT Approved as to form: By: Mar nn Maso , Gary D ling, Deputy County Counsel General Manager Contra Costa County DUBLIN SAN RAMON SERVICES DISTRICT Approved as to form: n By: rl P. A.Nelson, Bert L. Michalczyk, �- Assistant General Counsel General Manager Attest; UAa"4hAMM&44IS4-dj Nancy le, Hatfield, District Secretary Page 11 of 18 1 JOINT EXERCISE OF POWERS AGREEMENT r EAST BAY MUNICIPAL UTILITY DISTRICT Approv as to form: By: ��'W►(� Veronica Fau rFunse Dermis Diemer, Office of General General Manager FAIRFIELD-SUISUN SEWER DISTRICT Approved as to form: By: Mark Cornelius, Richard Luthy, District Counsel General Manager/District Engineer SAN FRANCISCO PUBLIC UTILITIES COMMISSION oved as to form: By: De •s J. Herrera, S an Leal, C` Attorney eneral Manager UNION SANITARY DISTRICT CrovedA_alforrn: By: Q. \ David M. O'Hara, Richard Currie, District Counsel General Manager W:WAB\PlanningTROFESSIONAL 0RGAN1ZATI0NS\BACWA\bioso1ids committee\phase 2 study\govemance\12_21 05 rev BiosolidsPhaseIIIAgtgovcommreview.doc Page 12 of 18 JOINT EXERCISE OF POWERS AGREEMENT Exhibit A SCOPE OF SERVICES TASK 1-BIOSOLIDS MANAGEMENT ALTERNATIVES The purpose of this task is to review alternatives studied in Phase I and Phase II and to evaluate additional alternatives to Class B land application,landfill alternative daily cover,and landfill disposal that may serve as an interim disposal method if land application is banned or further restricted in Solano County. This task will also determine if the interim solution could potentially serve as a long-term option either in addition to or in lieu of the regional thermal drying facility. Data Collection and Review • Review Existing Information:Review all pertinent project background information including,but not limited to,all Technical Memorandums and other documents produced for the Bay Area Clean Water Agencies in the Regional Biosolids Phase I and Phase II work: Review and Identify Alternatives Review alternatives studied in Phase I and Phase 11,evaluate a minimum of three interim options plus other viable options identified by the consultant,including,but not limited to the following: • Land application/disposal outside of the nine-county Bay Area utilizing either truck or rail-haul • Truck or rail-haul of biosolids to an existing Class A processing facility that is within or outside of the nine-county Bay Area(e.g.,composting or drying facility) • Waste-to-Energy Alternatives At a minimum,the evaluation will identify: • Facility description,location,size/capacity,operational history • Quantity of biosolids that the option can accommodate(tons per day of biosolids) • Ability of the facility to expand its capacity • Sustainability of facility based on permits and estimated length of delivery term(e.g., how long can the agencies continue to send biosolids to the facility)..., • Estimated tipping fee based on receiving various delivery quantities(wet tons per day) • Ability to transport biosolids by rail to the facility • Estimated costs(including capital costs and operational costs) Page 13 of 18 l JOINT EXERCISE OF POWERS AGREEMENT Draft Report • Prepare draft report and handout materials, designed for presenting to the Steering Committee and suitable for Steering Committee to take back and present to their respective agencies. Final Report • Incorporate comments from the agencies and finalize the report for Task L. The Steering Committee will evaluate the findings of Task 1 and assess the interest in proceeding with Task 2. With a consensus of the Steering Committee, Task 2 activities will commence. All work may terminate at the conclusion of Task 1. TASK 2 — ENGINEERING FACILITY PLANNING The purpose of the Facility Plan is to identify the critical aspects of a facility at each of the three Phase II short-listed thermal drying sites, evaluate the financial and non-financial impacts to the facilities, and provide capital and operating cost estimate for each site. The evaluation shall be detailed enough to provide pre-design level cost estimate for each site. Data Collection and Review • Review Existing Information: Review all pertinent project background information including, but not limited to, all Technical Memorandums and other documents produced for the Bay Area Clean Water Agencies in the Regional Biosolids Phase I and Phase II work. • Field inspections: Perform visits at each of the three sites to inspect and evaluate existing and proposed facilities at each site to properly document conditions and determine project mitigations, if any. It will be determine during the site visits, if the site has any requirements for hosting a regional facility that could impact the alternative and/or cost estimate. Examples of requirements would be: reimbursement for property, for a public outreach facility and/or for administration and oversight of the facility. This information shall be included and incorporated into the alternative description and cost estimate. Regulatory Agency, Permit Coordination, & Grants and Loans • Identify and obtain guidelines and application materials for permits. • Identify and obtain guidelines and application materials for any grants or loans associated with construction of a regional biosolids facility. Facilities Needs • For each location, identify improvements needed to site a Regional Biosolids Facility, including but limited to: • Site characteristics • Facility characteristics, size, equipment, expandability Page 14 of 18 JOINT EXERCISE OF POWERS AGREEMENT • Material handling: receiving, raw material storage, finished product storage,finished product handling and loading • Traffic access/egress,truck staging, vehicle parking and security. • Aesthetics and Architecture • Utility needs, including: ■ water and/or recycled water demands and supplier(§) ■ wastewater discharge quality and quantity and the wastewater treatment options ■ energy needs and suppliers: electricity, gas, heat from other sources • Air emissions and odor control • Site Hazards and mitigations, if any. • Hazardous Materials handling and storage, if any. Description of Alternatives • Develop the range of alternatives available for this project and reasons for rejection of alternatives. • Compare and contrast the alternatives. • Develop capital and operating cost estimates (which are within 20 percent accuracy). A present worth analysis for each of the alternative sites should be included. Draft Facilities Plan • Prepare draft facilities plan to submit to the agencies for review. • Handout materials will be designed for the Steering Committee meeting and suitable for members to take back and present to their respective agencies. • Present results of the Draft Facilities Plan in a workshop setting to BACWA Biosolids Committee. Final Facilities Plan • Incorporate comments from the agencies and finalize the Facilities Plan The Steering Committee will evaluate the findings of Task 2 and assess the interest in proceeding with Task 3 and 4. The Steering Committee may elect to terminate all work at the conclusion of Task 1 or Task 2. TASK 3 -ENVIRONMENTAL DOCUMENTATION Provide a project level evaluation for the built-out facility size for each facility identified as a reasonable alternative. In addition to the tasks identified below, Consultant shall prepare all environmental documents consistent with the State of California guidelines including application requirements for state grant and loans. Prepare CEQA scope and schedule • Prepare and distribute the Notice of Preparation Page 15 of 18 JOINT EXERCISE OF POWERS AGREEMENT i • Review responses to the Notice of Preparation. • Prepare and submit a detailed outline and work schedule for review. • Conduct and participate in scoping sessions or public meetings. Description of Alternatives j • Describe the project alternatives developed by in the Feasibility Study and Phase II work, as well as the Draft Facilities Plan, and the reasons for rejecting any of them. • Describe the range of alternatives available for this project and reasons for rejection of alternatives. • Describe the"No Project"alternative. Prepare environmental setting,impact analysis and mitigation analysis for each alternative not rejected in Task 2.3.2 • Develop a comprehensive description of the environmental setting that will be affected by the project. • Assess the impact of the project on the following elements and any other relevant elements: 1. Land use and planning. 2. Traffic and transportation 3. Visual and aesthetic resources j 4. Hazardous materials 5. Public services 6. Geology 7. Hydrology and groundwater(flow and quality) 8. Biology (wildlife,fish and other aquatic life) 9. Surface water quality 10. Air quality 11.Noise 12.Archaeological and Historical Resources 13. Socioeconomics 14. Public health • Identify all potentially significant impacts. • Identify the environmental impacts that are specific to each alternative. • Identify cumulative and unavoidable impacts. • Identify all appropriate mitigation monitoring requirements and measures for impacts upon elements listed above, if the impacts are determined to be significant. Prepare Initial Study • Prepare Initial Study and any notices associated with the conclusions and recommendations in the Initial Study. DDSD will publish notices in accordance with CEQA Guidelines. Page 16 of 18 JOINT EXERCISE OF POWERS AGREEMENT Draft EIR Presuming the Initial Study concludes an Environmental Impact Report is the appropriate documentation. • Prepare the Administrative Draft report for review. • Research,evaluate and respond to comments on the Administrative Draft EIR • Prepare one camera-ready copy and one unbound back-up copy of the Final EIR to DDSD for review. • Provide copies of Draft EIR for circulation to State Clearinghouse and interested affected parties. DDSD will distribute in accordance with CEQA Guidelines. • Attend four(4)public meetings/public hearings Final EIR • Research,evaluate and respond to public comments for inclusion in the Preliminary Final EIR. • Submit eight(8)copies of the Preliminary Final EIR for review. • Prepare necessary findings and statement of overriding considerations(if necessary)for project approval. • Prepare necessary mitigation measures,monitoring and reporting plan(MMRP). • Incorporate comments to the Preliminary Final EIR into a Final EIR. • Distribute the MMRP and for review by each of the agencies. TASK 4-PROJECT OUTREACH The purpose of this task is to prepare an outreach strategy to successfully present the project to community leaders during the CEQA phase. The purpose of the outreach effort is to present a true and accurate description of the project and project benefits and to seek out and receive project concerns to be incorporated into the CEQA evaluation. The consultant will identify,develop and publish materials on the progress made by Bay Area agencies to create alternative regional solutions. Regional Biosolids CEQA Communications Strategy • Prepare a communications strategy identifying to proactively,effectively and efficiently communicate the project and project benefits to host community. • Identify meetings with lead agency and elected officials and concerned citizen groups in host community. • Identify materials-handouts,brochures,etc.,for meeting(s)between lead agency and elected officials and concerned citizen groups in host community. Page 17 of 18 JOINT EXERCISE OF POWERS AGREEMENT Exhibit B TOTAL PROJECT COST SHARE AGENCY CONTRIBUTION VOTE (% OF TOTAL $) ALLOCATION City of Millbrae 3% 2 Delta Diablo 8% 3 Sanitation District Dublin San Ramon 8% 3 Services District East Bay 30% 6 Municipal Utility District Fairfield-Suisun 8% 3 Sewer District San Francisco 30% 6 Public Utilities Commission Union Sanitary 13% 4 District Page 18 of 18 BAY AREA SOLIDS RECYCLING FACILITY FIRST AMENDMENT TO JOINT EXERCISE OF POWERS AGREEMENT 1. Effective Date and Parties. Effective , 2009,the City and County of San Francisco, a municipal corporation acting by and through the Public Utilities Commission, and the City of Burlingame, a municipal corporation,the City of Livermore, a municipal corporation, the City of Richmond, a municipal corporation,the North San Mateo County Sanitation District, a local public agency of the State of California,the West County Wastewater District, a local public agency of the State of California,the Central Marin Sanitation Agency, a local public agency of the State of California, Delta Diablo Sanitation District, a local public agency of the State of California, Dublin San Ramon Services District, a local public agency of the State of California, Fairfield-Suisun Sewer District, a local public agency of the State of California, Ironhouse Sanitary District, a local public agency of the State of California, Sausalito Marin City Sanitary District, South Bayside System Authority, a local public agency of the State of California, Union Sanitary District, a local public agency of the State of California, and Vallejo Sanitation District, a local public agency of the State of California, all duly organized and existing under the laws of the State of California and acting by and through their respective governing bodies, mutually agree as follows: 2. Purpose. The Parties desire to amend the March 30, 2006 agreement, entitled"JOINT EXERCISE OF POWERS AGREEMENT"to "PURSUE CEQA DOCUMENTATION AND FACILITY PLANNING SERVICES FOR A PROPOSED BAY AREA SOLIDS RECYCLING FACILITY" ("Agreement")to add additional parties, delete two parties and to expand the scope of activities and to modify the funding arrangements. The Parties will collaborate in and share costs for planning, outreach and advocacy for possible Biosolids to Energy and Thermal Drying facilities that would process and manage the Parties' biosolids. AMENDMENTS 3. Addition and Deletion of Parties. On Page 2 of the Agreement, in the first paragraph, add to the parties listed in that paragraph the following: the City of Burlingame, a municipal corporation, the City of Livermore, a municipal corporation,the City of Richmond, a municipal corporation, the North San Mateo County Sanitation District, a local public agency of the State of California, the West County Wastewater District, a local public agency of the State of California,the Central Marin Sanitation Agency, a local public agency of the State of California, Ironhouse Sanitary District, a local public agency of the State of California, Sausalito Marin City Sanitary District, South Bayside System Authority, a local public agency of the State of California, and Vallejo Sanitation District, a local public agency of the State of California. On Page 2 of the Agreement, in the first paragraph, delete from the parties listed in that paragraph First Amendment to Joint Exercise of Powers Agreement Bay Area Solids Recycling Facility the East Bay Municipal Utilities District. 4. Recitals. The Recitals are amended as follows: A. Recital Number 3 is deleted in its entirety and replaced with the following: "3. WHEREAS, the Parties agree that Delta Diablo Sanitation District("DDSD"), as the Contracting Agency, will provide the contract management and administration for the Alternative Evaluation, Engineering Facility Planning, Environmental Documentation Work, Grant Funding Assistance, Outreach and Advocacy Tasks; and" B. Recital Number 4 is deleted in its entirety and replaced with the following: "WHEREAS, Phases I, and II have been completed; and the Parties have jointly agreed to suspend Phase IIIA until completion of Phase IIIB." 5. Section 1 Purpose is deleted in its entirety and replaced with the following: "1. Purpose The purpose of this Agreement is to define the roles and responsibilities of each Party, and to provide funding of the Alternatives Evaluation, Engineering Facility Planning, Site and Technology Screening and Environmental Documentation Work, Outreach, Grant Funding Assistance, and Advocacy Tasks (collectively the "Project Tasks"). Execution of this Agreement does not represent a commitment to a regional solids recycling facility beyond the scope of the project defined herein. The scope of this project does not include design, construction, or operation of a facility." 6. The Definitions are amended as follows: A. The following Definition is added to the list of Definitions: "Coalition: For purposes of conducting advocacy activities, the parties shall collectively be known as the Bay Area Biosolids to Energy Coalition (BA-B2E)." B. The Definition of Phase IIIB is deleted in its entirety and replaced with the following: "Phase IIIB: Phase IIIB is defined to include Task 3 (Site and Technology Screening and Environmental Documentation), Task 5 (Public Outreach), Task 6 (Grant Funding Assistance) and Task 7 (State and Federal Advocacy)." 4/23/2009 Page 2 of 26 First Amendment to Joint Exercise of Powers Agreement Bay Area Solids Recycling Facility 7. Section 3 Description of Project is deleted in its entirety and replaced with the following: "I Description of Project. This project contemplates completion of the Alternatives Evaluation, Engineering Facility Planning, Site and Technology Screening and Environmental Documentation Work, Agency and Public Outreach, Grant Funding Assistance and State and Federal Advocacy Tasks for a proposed Bay Area regional solids recycling facility. Exhibit A Scope of Services attached hereto and incorporated herein by this reference describes the services for all of the Tasks to be completed in Phase IIIB." 8. Section 4 Responsibilities of the Parties is deleted in its entirety and replaced with the following: "4. Responsibilities of the Parties. (a) DDSD will contract with consultants to perform all Phase IIIB Tasks and will also manage the consultants' contracts for such services. (b) Each Party will designate one representative to serve on the project steering committee. Each Party will use its best efforts to have its representative present at all steering committee meetings. The project steering committee will participate in the consultant selection process. They will also make key decisions regarding the project, such as the selection of preferred site alternatives for CEQA analysis. A decision on an issue will be made based on majority vote of the total number of Parties voting on that issue. Each Party will have a single vote. A designated representative who is not present at a steering committee meeting may vote by submitting a timely vote in writing to the Director of Engineering Services, DDSD, who shall preserve a record of the vote. (c)All Parties will participate in all Phase I11B Tasks by providing timely responses and comments upon receiving a project submittal. The Parties will participate in meetings to review and discuss the submittals. (d) The Parties agree to work cooperatively together to study the potential environmental impacts and mitigations of the alternatives for the possible future project. (e) Each Party will ask its elected state and federal representatives to actively advocate a high level of support for the Bay Area Regional Biosolids to Energy Project. (f) DDSD will submit any grant applications prepared for the project and shall act as the agent for the receipt of state and federal grant funds awarded for the project. 4/23/2009 Page 3 of 26 First Amendment to Joint Exercise of Powers Agreement Bay Area Solids Recycling Facility (g) DDSD will act as the lead agency under CEQA for purposes of the project described herein. Once an Agency's jurisdiction is identified as a preferred facility site for development, that Agency may act as the lead agency under CEQA to conduct environmental review of the future project at that site. The remaining Parties will be responsible agencies under CEQA. (i) At the end of the project, the Party whose jurisdiction has been identified as the preferred site for facility development will retain and archive the documents developed under Exhibit A, the Scope of Services." 9. Section 5 Cost Sharing and Payment is deleted in its entirety and replaced with the following: "5. Cost Sharing and Payment (a) The Parties agree that the costs of completing Tasks 3, 5, 6 and 7 will be shared as set forth in Exhibit B "Project Cost Allocation," attached hereto and incorporated herein, provided that the Parties' respective cost share amounts will not exceed the amounts specified in Exhibit B, unless an increase in such amounts is approved by the Parties' respective governing bodies. The Parties agree to pay for their own staff time (including but not limited to overhead and fringe benefits) incurred in, and expenses (including but not limited to travel) related to the Project. (b) Each Party's cost share shall be paid in eight(8)equal payments over a 24 month period after the effective date of this First Amendment to Joint Exercise of Powers Agreement. DDSD shall send the initial invoice within 30 days after this First Amendment takes effect, and shall send invoices to the parties on a quarterly basis thereafter. Each invoice shall be paid within thirty(30) days of receipt. After contract completion, any remaining funds will be returned to the Parties in proportion to the contribution amounts set forth in Exhibit B. (c) Parties shall have the right to request copies of invoices. Disputes will be resolved in accordance with Section 19 of this Agreement. (d) If the Parties consider an amendment to the Agreement to share costs in excess of the amounts specified in Exhibit B "Project Cost Allocation," a Party that has paid its entire cost share amount in the manner specified in Section 5 (b) may terminate its participation in the Agreement upon thirty (30) days written notice to all other Parties. (e) It is the intent of the Parties to share costs to develop the facilities across all facilities users, including users who are not party to this Agreement. It is the intent of the Parties to require future users to reimburse the Parties (and any other investors in the facility)for implementation costs prior to a users use of the facility, including a"late subscriber charge" if 4/23/2009 Page 4 of 26 First Amendment to Joint Exercise of Powers Agreement Bay Area Solids Recycling Facility any. The project cost sharing formulas and facility-user costs will be developed and adopted in conjunction with facility-user rate setting and prior to facility operation. (f) DDSD shall keep a record of all of its costs associated with management of the Project. In the event that the Parties agree to a future project for the design, construction or operation of a regional solids recycling facility, it is the intent of the Parties that DDSD's costs associated with management of the immediate Project shall be credited against its cost share for the future project." (g) Any public agency in the nine county Bay Area responsible for processing and/or managing biosolids may ask to become a party to the Agreement. At the time the Parties consider the request, they will also consider whether any change to the cost sharing provisions should be made as a condition of adding the proposed party." 10. Section 7 Liability,Indemnity and Hold Harmless, Section 8 Insurance, and Section 10 Uncontrollable Forces are amended as follows: A. In Sections 7, 8, and 10,where the phrase "Tasks 1, 2, 3 and 4" appears, it shall be deleted in its entirety and replaced with"Project Tasks ." 11. Section 11 Notices is amended as follows. A. The list of addresses is deleted in its entirety and replaced with the following: City of Burlingame William E. Toci, Plant Manager 1103 Airport Blvd. Burlingame, CA 94010 Phone: (650) 342-3727 Fax: (650) 342-3712 William.toci@veoliawatema.com City of Livermore David A. Stoops, Public Works Operations Manager 101 W. Jack London Blvd. Livermore, CA 94551 Phone: (925) 960-8122 Fax: (925) 960-8105 dastoops@ci.livermore.ca.us 4/23/2009 Page 5 of 26 First Amendment to Joint Exercise of Powers Agreement Bay Area Solids Recycling Facility City of Richmond Rich Davidson, City Engineer 1401 Marina Way South Richmond, CA 94804 Phone: (510) 307-8092 Fax: (510) 620-6542 rich_davidson@ci.richmond.ca.us Central Marin Sanitation AuencyC( SMA) Jason Dow, General Manager 1301 Anderson Drive San Rafael, CA 94901 Phone: (415)459-1455 x 145 Fax: (415) 459-3971 j dow@centralmarinsa.org Delta Diablo Sanitation District(DDSD) Caroline Quinn, Engineering Services Director 2500 Pittsburg-Antioch Highway Antioch, CA 94509-1373 Phone: (925) 756-1928 Fax: (925) 756-1960 carolineq@ddsd.org Dublin San Ramon Services District(DSRSD) Bert L. Michalczyk, General Manager 7051 Dublin Boulevard Dublin, CA 94568 Phone: (925) 875-2200 Fax: (925) 829-1180 michalczyk@dsrsd.com Fairfield-Suisun Sewer District Gregory G. Baatrup, Chief Operating Officer 1010 Chadbourne Road Fairfield, CA 94534-9700 Phone: (707)429-8930 Fax: (707) 429-1280 gbaatrup@fssd.com 4/23/2009 Page 6 of 26 First Amendment to Joint Exercise of Powers Agreement Bay Area Solids Recycling Facility Ironhouse Sanitary District(ISD) Jenny Skrel, District Engineer 450 Walnut Meadows Drive Oakley, CA 94561 Phone: (925) 625-2279 Fax: (925) 625-0169 skrelisd@sbcgobal.net North San Mateo County Sanitation District Patricia E. Martel, General Manager 333-90th Street Daly City, CA 94015 Phone: (650) 991-8127 Fax: (650) 991-5759 pmartel@dalycity.org San Francisco Public Utilities Commission (SFPUC) Tommy Moala, Assistant General Manager, Wastewater Enterprise 1155 Market St. 11th Floor San Francisco, CA 94103 Phone: 415-554-2465 Fax: (415) 554-3171 tmoala@sfwater.org Sausalito Marin City Sanitary District Robert Simmons, District P.O. Box 39 Sausalito, CA 94966 Phone: (415) 332-0244 Fax: (415) 332-0453 bob@smcsd.net South Bayside System Authority Daniel T. Child, Manager 1400 Radio Road Redwood City, CA 94065-1220 Phone: (650) 832-6220 Fax: (650) 591-7122 therrera@sbsa.org 4/23/2009 Page 7 of 26 First Amendment to Joint Exercise of Powers Agreement Bay Area Solids Recycling Facility Union Sanitary District Richard Currie, General Manager 5072 Benson Road, P.O. Box 5050 Union City, CA 94587-8550 Phone: (510)477-7502 Fax: (510) 477-7501 rich_currie@unionsanitary.com Valleio Sanitation and Flood Control District Ron Matheson, District Manager 450 Ryder Street Vallejo, CA 94590 Phone: (707) 644-8949 x211 Fax: (707) 644-8975 rmatheson@vsfcd.com West County Wastewater District(WCWD) E. J. Shalaby, General Manager 2910 Hilltop Drive Richmond, CA 94806 (510) 222-6700 phone (510) 222-3277 fax eshalaby@wcwd.org 4/23/2009 Page 8 of 26 First Amendment to Joint Exercise of Powers Agreement Bay Area Solids Recycling Facility 12. Section 12 Term is amended as follows: A. Section 12. "Term" is deleted in its entirety and replaced with the following: "12. Termination. This Agreement shall become effective on the date first set forth above after it is duly executed by each Party and,except as to a Party that has paid its entire cost share amount and provided notice of termination pursuant to Section 5 (d), shall remain in effect until such time as all Tasks identified in Exhibit A, Scope of Services are complete and the cost sharing obligations of the Parties, as specified herein, have been satisfied. Notwithstanding the previous sentence,the obligations set forth in Sections 5, 7, 12, 13, and 18 of this Agreement shall survive the expiration or termination of this Agreement." 13. Exhibit A Scope of Services is amended as follows. A. Exhibit A"Scope of Services" is deleted in its entirety and replaced with Exhibit A "Scope of Services" attached hereto and incorporated herein by this reference. 14. Exhibit B Total Project Cost Share is amended as follows. A. Exhibit B "Total Project Cost Share" is deleted in its entirety and replaced with Exhibit B "Project Cost Allocation"attached hereto and incorporated herein by this reference. EFFECT AND SIGNATURES 15. Effect. Except as modified by this First Amendment to the Joint Exercise of Powers Agreement, all provisions of the original Agreement shall remain in full force and effect and shall be binding on all parties hereto. 16. Counterparts. This First Amendment to the Joint Exercise of Powers Agreement may be executed in multiple counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same agreement. 17. Signatures. The following signatures attest the Parties agreement hereto. 4/23/2009 Page 9 of 26 First Amendment to Joint Exercise of Powers Agreement Bay Area Solids Recycling Facility CITY OF BURLINGAME Approved as to form: Gus Guinan Jim Nantell City Attorney City Manager 4/23/2009 Page 10 of 26 First Amendment to Joint Exercise of Powers Agreement Bay Area Solids Recycling Facility CITY OF LIVERMORE Approved as to form: John Pomidor Linda M. Barton City Attorney City Manager 4/23/2009 Page I 1 of 26 First Amendment to Joint Exercise of Powers Agreement Bay Area Solids Recycling Facility CITY OF MILLBRAE Approved as to form: Joan Cassman Marcia Raines City Attorney City Manager 4/23/2009 Page 12 of 26 First Amendment to Joint Exercise of Powers Agreement Bay Area Solids Recycling Facility CITY OF RICHMOND Approved as to form: Bill Lindsay City Attorney City Manager 4/23/2009 Page 13 of 26 First Amendment to Joint Exercise of Powers Agreement Bay Area Solids Recycling Facility CENTRAL MARIN SANITATION AGENCY Approved as to form: Jack Govi Jason R. Dow Assistant County Counsel General Manager 4/23/2009 Page 14 of 26 First Amendment to Joint Exercise of Powers Agreement Bay Area Solids Recycling Facility DELTA DIABLO SANITATION DISTRICT Approved as to form: Mary Ann Mason Gary W. Darling District Counsel General Manager 4/23/2009 Page 15 of 26 First Amendment to Joint Exercise of Powers Agreement Bay Area Solids Recycling Facility DUBLIN SAN RAMON SERVICES DISTRICT Approved as to form: Robert B. Maddow Bert L. Michalczyk General Counsel General Manager 4/23/2009 Page 16 of 26 First Amendment to Joint Exercise of Powers Agreement Bay Area Solids Recycling Facility FAIRFIELD-SUISUN SEWER DISTRICT Approved as to form: Mark Cornelius Kathy Hopkins District Counsel General Manager 4/23/2009 Page 17 of 26 First Amendment to Joint Exercise of Powers Agreement Bay Area Solids Recycling Facility IRONHOUSE SANITARY DISTRICT Approved as to form: Frederick M. Etzel Tom Williams District Counsel General Manager 4/23/2009 Page 18 of 26 First Amendment to Joint Exercise of Powers Agreement Bay Area Solids Recycling Facility NORTH SAN MATEO COUNTY SANITATION DISTRICT Approved as to form: Rose Zimmerman Patricia E. Martel District Counsel General Manager 4/23/2009 Page 19 of 26 First Amendment to Joint Exercise of Powers Agreement Bay Area Solids Recycling Facility SAN FRANCISCO PUBLIC UTILITIES COMMISSION Approved as to form: John S. Roddy Ed Harrington, General Manager City Attorney General Manager 4/23/2009 Page 20 of 26 First Amendment to Joint Exercise of Powers Agreement Bay Area Solids Recycling Facility SAUSALITO MARIN CITY SANITARY DISTRICT Approved as to form: Jennifer Fraught Robert Simmons District Counsel General Manager 4/23/2009 Page 21 of 26 First Amendment to Joint Exercise of Powers Agreement Bay Area Solids Recycling Facility SOUTH BAYSIDE SYSTEM AUTHORITY Approved as to form: David E. Schricker Daniel Child General Counsel Manager 4/23/2009 Page 22 of 26 First Amendment to Joint Exercise of Powers Agreement Bay Area Solids Recycling Facility UNION SANITARY DISTRICT Approved as to form: David M. O'Hara Richard Currie District Counsel General Manager 4/23/2009 Page 23 of 26 First Amendment to Joint Exercise of Powers Agreement Bay Area Solids Recycling Facility VALLEJO SANITATION AND FLOOD CONTROL DISTRICT Approved as to form: Favaro, Lavezzo, Gill, Caretti & Heppell Ron Matheson District Counsel District Manager 4/23/2009 Page 24 of 26 First Amendment to Joint Exercise of Powers Agreement Bay Area Solids Recycling Facility WEST COUNTY WASTEWATER DISTRICT Approved as to form: Alfred A. Cabral E. J. Shalaby Board Attorney General Manager 4/23/2009 Page 25 of 26 First Amendment to Joint Exercise of Powers Agreement Bay Area Solids Recycling Facility EAST BAY MUNICIPAL UTILITY DISTRICT Approved as to form: Veronica Fauntleroy Dennis Diemer Office of General Counsel General Manager 4/23/2009 Page 26 of 26 EXHIBIT A FIRST AMENDMENT TO JOINT EXERCISE OF POWERS AGREEMENT BIOSOLIDS TO ENERGY BAY AREA SOLIDS RECYCLING FACILITY SCOPE OF SERVICES Background Under the original Joint Exercise of Powers Agreement(JEPA),executed in 2006,elements of Task 1 —Alternatives Evaluation,and Task 4-Outreach were completed. Subsequent to the JEPA execution,State and Federal greenhouse gas reduction and renewable energy initiatives prompted the JEPA partners to re-examine the potential of deploying biosolids to energy(132E) technology. In 2008, the JEPA partners commissioned a technical analysis of air quality permitting requirements that established the feasibility of such a project.Over the last year the JEPA partners have shaped the project to align with these state and federal initiatives. The regional project is envisioned as an innovative approach that seeks to maximize the resource development potential of biosolids,while minimizing greenhouse gas emissions. Under Task 2 — Engineering Facility Planning, the Consultant has completed preliminary tasks, including analysis and program-level cost estimates for a fluid bed reactor facility.The Parties have jointly agreed to suspend the remaining portions of Task 2-Facility Planning until completion of Phase 1116.Remaining Facility Planning will be funded under a future phase of project development. State and federal partnerships will be essential to implementation of a B2E project. This amendment adds state and federal advocacy tasks to assist in development of state and federal partnerships. In addition, a grant application assistance task has been added. The following summarizes the work completed to date under the original JEPA and work to be completed under Amendment 1 to the JEPA. DDSD has contracted with Carollo Engineers(Carollo)for completion of Tasks 1 through 4. Carollo has subcontracted the environmental documentation and related outreach to Environmental Services Associates, LLC(ESA)and project-specific air quality modeling to CH2M Hill. Task 1 -Biosolids Management Alternatives(Completed) Task 2-Engineering Facility Planning(Preliminary Work Completed) Carollo has completed preliminary tasks, including analysis and program-level cost estimates for a fluid bed reactor facility.The Parties have jointly agreed to suspend the remaining portions of Task 2-Facility Planning until completion of Phase 1116. Task 3 - Site Screening and Environmental Documentation Summary of Key Assumptions Following is a summary of the key assumptions regarding the proposed B2E project description and/or approach to analysis used in preparing the scope of work, as well as the effort and cost estimate. • 17 agency participants (referred to as the BA B2E Coalition) • The proposed project is a Biosolids to Energy (132E) facility that will be the focus of the EIR; thermal drying will not be analyzed at an equal level of detail in the EIR but will be discussed in the EIR Alternatives chapter. • The proposed project includes a single facility site only. • Phase 1 capacity will be 100 (wet) tons and the ultimate capacity is assumed to be the total projected amount of all biosolids from all 17 BA B2E Coalition member agencies in 2030. Each agency will provide its projected 2030 biosolids amount, including background documentation for this projection. • Two fuel source scenarios will be evaluated: 1) 100 percent biosolids, and 2) biosolids mixed with a supplement fuel source from another waste product available within the Bay Area. Carollo will identify a representative supplemental fuel source and estimate the source and volume needed for the project. • The Environmental Impact Report (EIR) will evaluate the Phase 1 facility (construction and operation) at a project-level of analysis. The EIR will provide program-level review only of the ultimate capacity facility. Consequently, additional project-level CEQA review will be required in the future for expansion of the facility beyond Phase 1. • The BA B2E Coalition members will identify up to eight (8) potential facility sites for the Carollo/ESA team to evaluate and screen down to three (3) sites for equal level evaluation in the EIR. • Rail and barge access and potential use will be assessed during the site screening process. For candidate sites within reasonable proximity to rail or barge access, Carollo/ESA will assess the potential reduction in haul truck trips that could result from these alternative transportation modes and frame the potential differences in GHG emissions between truck transport and rail or barge. The scope does not include detailed analysis of rail or barge GHG emissions. • Fuels—analyze 2 scenarios: biosolids only and biosolids plus 1 additional fuel source. ESA to programmatically analyze truck trips for 1 additional fuel source (general location Page 2 of 16 of source, rough estimate of haul trips to proposed 132E facility). CH2M Hill to analyze air emissions of selected additional fuel source. • The scope includes environmental review to satisfy a CEQA-plus type process that can be satisfied with an augmented CEQA EIR and process. • The scope does not provide for separate National Environmental Protection Act(NEPA) Environmental Impact Statement (EIS) or Environmental Assessment (EA) processing. ENVIRONMENTAL DOCUMENTATION Site Evaluation Screening Carollo will subcontract with Environmental Science Associates (ESA)for the environmental work. The Carollo/ESA team will evaluate up to eight(8) potential sites for the B2E facility against set of screening criteria that reflect key environmental, engineering, site design, and cost issues to identify the three best apparent sites for further evaluation in the EIR. We assume that the BA B2E Coalition will identify the sites to be evaluated and expect that sites will either be located on member agency properties or be located on private industrial properties, potentially co-located with existing or planned energy facilities. Develop Site Screening Criteria. Building on the previous work completed to evaluate potential sites and treatment/reuse options for a regional biosolids processing facility, the Carollo/ESA team will prepare an updated set of screening criteria. The screening criteria will address key environmental, engineering, cost, and site design factors. Environmental factors to be address include: land use compatibility/proximity of sensitive land uses such as residential that could be affected by operational effects such noise, traffic, visual, odor or air quality emissions; known or potential hazardous materials; known or potential sensitive biological or cultural resources (not expected in most cases for developed sites); traffic and access; GHG emissions/carbon- footprint effects; and regulatory/ permitting issues. Other factors to be considered include: site access for trucks; proximity to rail and barge; power and other utilities availability; cost; We will submit a draft for one round of agency review and then prepare the final set for use in the screening evaluation. Identify Candidate Facility Sites. The Carollo/ESA team assumes that the BA 132E Coalition member agencies will identify up to eight sites for evaluation. It is assumed that candidate sites must be located within service are of one of the participating agency and may be located on a member agency's treatment plant site or other property or be located on a private property in an industrial area, potentially on or adjacent to other energy facilities. In addition, Carollo will identify the approximate centroid location for the current set of agency participants as a reference point. Page 3 of 16 Evaluate and Screen Up to 8 Sites. The Carollo/ESA team will evaluate up to 8 sites and assess each site in light of the adopted site screening criteria. ESA will conduct the following environmental assessments for each of the eight sites. Evaluation Traffic: ESA will review available reports/documents and contact Caltrans and local jurisdictions for traffic volumes and levels of service on the state and local roadways to obtain a baseline level of traffic in the project area. Field reconnaissance of road characteristics (e.g., number of travel lanes, and the existence of parking, transit lines, and/or bicycle lanes) will be conducted for most likely roads to be used as haul routes to access each of the eight sites. ESA will develop a master spreadsheet to create a database of traffic volumes at and around each facility site as well as calculate estimated annual truck trips from each Coalition member agency site to each of the eight potential 132E project sites. ESA will compare the truck miles traveled under the project scenario in comparison to the base case (e.g., current biosolids hauling volume and destination for each agency) to assess the net change in truck trips and miles traveled. This information will then be used in the assessment of greenhouse gas emissions. Carollo and ESA together will identify those sites that have the potential for alternative biosolids transport by rail and/or barge. For sites within reasonable proximity to rail and/or barge facilities, ESA will prepare a general estimate of truck trips/miles traveled assuming use of rail or barge to compare with the truck-transport only scenario. [If a grant to study alternative modes of transportation is secured (see Task 5), then more in depth analysis may be developed and will be incorporated in to the site screening if appropriate and available in time.] Air Quality: ESA will review available information and reports and discuss differences among the 8 potential sites in terms of sensitive receptors near the site and the relative air toxics/public health issues associated with the sites. ESA will run the EPA model SCREEN3 for a typical facility, incorporating estimated toxics emissions, to generally assess the relative impacts at sensitive offsite receptors. A qualitative, comparative analysis of potential relative level of health risk for the 8 sites will be presented. ESA will consult with CH2MHill staff to get their input on the relative opportunities and constraints represented at each of the eight sites with respect to air toxics. [Note: This screening evaluation for air quality issues (both conventional pollutants and air toxics) does not include detailed air emissions modeling for each of the eight sites. CH2MHill will conduct such detailed modeling for the three to be addressed in the EIR.] The study will assess the potential for an odor impact from the facility operation including the number of and distance to sensitive receptors. It is assumed that the 132E facility at any of the eight sites would be designed to provide for biosolids offloading in an enclosed structure that is fitted with odor control technology. ESA also will assess GHG emissions associated with truck miles traveled under the project to each site compared to existing conditions. We will use the information developed for the traffic assessment to estimate GHG emission. ESA assumes that the participating agencies will provide all necessary information for the baseline scenario (i.e., volume of biosolids currently Page 4 of 16 hauled, number of truck trips, haul routes, and destination). Based on future projected volumes of biosolids for Phase 1 and the ultimate capacity facility, ESA will assess GHG for the truck- haul only scenario as well as for the rail/barge scenario for sites where that is applicable. We will use emission factors information from CARB EMFAC2007 model. Land Use Compatibility. For each site ESA will map and describe the nearest sensitive land uses (e.g., residential, schools, hospitals) to each of the candidate sites. ESA will conduct a general site reconnaissance. Based on this, we will assess the potential for land use compatibility issues related to project operational effects such as noise, traffic or access constraints, odor, or visual effects. Sensitive Resources/Hazardous Materials. ESA will conduct a database search and a general site reconnaissance to assess the potential for sensitive biological or cultural resources to be present on a candidate site (not expected on developed sites but possible on vacant properties). ESA will also conduct a preliminary database review for available records of known hazardous contamination or materials use and assess the relative potential for hazmat constraints to occur at any of the candidate sites. Site Screening Carollo and ESA will conduct a site screening exercise reviewing the result of the full range of criteria evaluated to identify the key distinguishing factors among the candidate sites, the trade- offs in terms of site pros and cons, and to make a preliminary ranking of the sites considered. Present Findings/ Prepare Report The Carollo/ESA Team will prepare a draft Site Screening Report for review by the Coalition member agencies. We will then conduct a workshop at one of our monthly Steering Committee meetings to present the study findings and facilitate a site selection exercise among the agency representatives to determine the top three sites to be advanced for further evaluation in the EIR. Carollo and ESA will take input from that work session along with any comments on the draft report and complete a final report that identifies the top three sites for EIR evaluation. Prepare Draft EIR Prepare Notice of Preparation / Scoping Meetings ESA will prepare a draft Notice of Preparation (NOP) in accordance with current CEQA Guidelines. The NOP will announce to interested parties that the lead agency is preparing an EIR evaluating the biosolids project. The NOP will provide a brief description of the project including its location and summarize potentially significant environmental effects. ESA will prepare a mailing list including interested parties provided by the lead agency. ESA will mail out up to 50 copies of the NOP, file with the County Clerks depending upon the project location, and the State Clearinghouse, and place the appropriate ads in local newspapers. Page 5 of 16 ESA, with support from Circlepoint, will prepare for, arrange, and conduct up to three public scoping meetings for the project. We assume that there will be a meeting in each of the three site "host' communities. Deliverables: Administrative Draft NOP (Electronic copy), Final NOP (50 copies), Notice of Completion (NOC) (1 copy), Mailing List, Draft and Final Presentations for the scoping meetings. Team Inputs: Comments on Administrative Draft NOP; draft mailing list input; Comments on the Draft Presentation for the scoping meetings. Meetings: Three Scoping meetings Develop EIR Project Description Prepare detailed description of project design/facilities lay out, construction and operation scenarios for each site adequate to support detailed, project-level CEQA impact analysis at each of the three facility sites for Phase 1 (100 ton capacity) of a B2E treatment facility. The project description will include development of a facility on one site. ESA will develop a detailed information request building on the information provided by the Task 1 screening process. Deliverables: Administrative Draft Project Description (Electronic copy) Team Inputs: Project definition and details on construction and operation of project; Comments on Project Description Prepare Technical Analysis ESA will develop detailed analysis for Traffic and transportation, Air Quality, and Cultural Resources as discussed below. a) Traffic: ESA will review available reports/documents and contact Caltrans and local jurisdictions for traffic counts and volumes for the intersections at and near the 3 sites selected in the previous task. A baseline level of traffic data will be developed for the project area that will be compared with the project conditions such as the level of transportation (e.g., trips of truck, barge, rail), and trips of vehicles to haul the product offsite if applicable, to help determine the project impact on traffic conditions under CEQA. b. Air Quality: ESA will develop a detailed air quality analysis for the 3 sites selected under the previous task. The analysis will include site-specific calculations for the standard air emissions. ESA will peer-review the detailed stack emissions analysis and site specific modeling analysis performed by CH2MHill. This includes a review of the AERMOD dispersion modeling analysis and a review of the multipathway health risk assessment performed at for each site using HARP. This review will help determine the stack height appropriate at each site (if different), as well as the health risk impacts for each site. The results of the review will be summarized by ESA and will be incorporated into the EIR. Page 6 of 16 c) Cultural Resources: ESA will conduct cultural resource database research for the 3 selected sites to identify cultural and historical resources at and around the project sites. A field survey will be conducted at the 3 sites. A Technical Resource Report will be prepared that will describe the regulatory requirements (e.g., Section 106 of the National Historic Preservation Act) for cultural resource identification and monitoring, assess the existing cultural resources in the project area and potential impacts from the project. The results of the review will be summarized by ESA and will be incorporated into the EIR. Prepare Administrative Draft 1 EIR ESA will prepare an Administrative Draft 1 EIR (ADEIR#1) and will utilize the information from available documents, technical reports prepared by Carollo and others, and previous CEQA documents. The EIR will include the following components: Executive Summary This chapter will present a summary on the proposed project and the environmental impacts that are discussed in detail in the EIR. Introduction/Project Background This chapter will describe the project background and the purpose of the document. The chapter will also present CEQA and CEQA-Plus requirements and the organization of the document. Project Description ESA will use the information developed in Project Description task and other information provided by the project team to develop a project description that meets the legal requirements of CEQA. This will set the stage for impact analysis in the EIR. ESA will discuss with the project team and draft the project purpose and objectives along with the project details, including the construction and operation of the biosolids facility. This scope assumes the description of construction and operation of a biosolids facility at up to 3 sites in the Bay Area. ESA will submit a draft project description for review and will incorporate comments received from the project team. Our scope of work assumes one round of comment. Environmental Analysis The ADEIR #1 will analyze potential environmental impacts based on the project description. ESA will describe the environmental setting and prepare an analysis of the environmental impacts of the project. ESA will use tables, charts, and graphics as appropriate to illustrate and help communicate the impact analysis. ESA will describe federal, state, and local regulations that would apply to the project. ESA will establish clear impact significance criteria for each issue and describe whether an impact is significant or less than significant. Feasible mitigation measures will be identified for significant impacts. Based upon ESA's understanding of the project, it is anticipated that the analysis in the following issue areas will be required. Additional Page 7 of 16 issue areas identified during the course of scoping or project development may require adjustments to the proposed scope of work. As required under CEQA-Plus, the analysis will include a site reconnaissance for biological (Endangered Species Act) and cultural resources (National Historic Preservation Act) and review of the federal conformity rules for air quality (Clean Air Act) along with discussions of socioeconomic and environmental justice effects. The EIR will also include analysis of project alternatives and cumulative impacts and secondary effects of growth. Land Use and Agricultural Resources This section will describe the site conditions (for up to 3 sites) and surrounding land uses and agricultural resources. The analysis will include review and identification of current and future land use plans governing development along flood control channels, and existing land use and zoning ordinance designations. Potential land use impacts will be assessed such integration of nuisance impacts, such as noise, dust generation, and light and glare discussions, and will reference appropriate measures to minimize impacts to the degree feasible. Geology and Soils The ADEIR will examine potential impacts associated with the geology and soil conditions for up to 3 sites. ESA will use information from available sources, including previous analysis conducted by the project team, regarding subsidence, liquefaction and settlement potential, to address those issues required by the CEQA checklist, including fault proximity, ground shaking, liquefaction, land sliding, soil erosion, expansive soils, and soil instability. Hydrology and Water Quality ESA will review surface hydrology and drainage issues for up to 3 sites. Current site conditions will be discussed and short-term and long-term impacts related to project implementation will be identified. Depending upon the location of the site, the impacts would be associated with drainage, stormwater, water quality, and flooding, if applicable. ESA will use existing studies conducted by the project team on the biosolids treatment processes and assess the water quality impacts from the wastewater discharge from the facility. ESA will need water quality data for the discharge from the treatment processes and the flow chart of the process units that would be employed at the facility. ESA will identify the regulatory approvals and permits that would be required for any discharges from the facility. Additional issues would include issues related to climate change such as effects of sea level rise on the project facilities (e.g. in case of a site location near a water body). Biological Resources ESA will conduct site reconnaissance to review potential biologically sensitive areas at up to 3 sites and in the vicinity. In addition, federal, state and local policies with respect to sensitive species and wetlands will be summarized and evaluated. To the degree feasible based upon Page 8 of 16 project level of detail, impacts to wetland areas and sensitive habitat will be analyzed so that an appropriate mitigation can be established. Cultural Resources ESA will utilize and incorporate the Technical Resource Report developed under Technical Analyses task into the EIR. This section will discuss the methodology used for the evaluation of any resources which may be accidentally discovered during project construction; and a discussion of methods of mitigating impacts to these resources. Traffic ESA will incorporate the traffic study conducted under Technical Analyses task into the EIR. ESA will analyze the short-term and long-term impacts to levels of service on roadways and intersections in the project area and effects on the roadways that will be used for haul trips. ESA will identify suitable mitigation measures, such as providing advance notification and establishing detours. Available traffic data will be relied on for the analysis, which will focus on major roadways within the vicinity of the project site. Air Quality ESA will incorporate the air quality study conducted under Technical Analyses task into the EIR. The EIR will examine emissions during construction based on EPA emission factors, identify "sensitive receptors" (e.g., retirement homes, schools, etc.), and evaluate air pollutant emissions associated with long term operations from a regional and local standpoint. Standard air pollution control measures established by the Bay Area Air Quality Management District for construction activities will be identified and applied as appropriate. Additional issues discussed would be related to climate change such as greenhouse gas emissions from project operation. Based on the technical analysis completed for traffic and air quality analysis, the EIR will address construction and operation for criteria pollutant emissions, toxic emissions/health risk, and odor. Noise ESA will review existing noise conditions and application noise standards that would apply in the project area. Sensitive receptors such as residences and schools will be considered in evaluating construction impacts associated with implementing the proposed facilities. The significance of any potential noise impacts will be determined by comparing projected levels with applicable noise ordinance requirements, and appropriate mitigation measures, such as enclosure and noise reduction mechanisms, will be identified. Standard noise control measures, including varying levels of onsite noise control, such as setbacks or engineered sound walls, will be identified. Page 9 of 16 Public Services and Utilities ESA will identify impacts from the proposed facilities to any existing utilities and public services in the area. ESA will review utility providers onsite and along the pipeline corridors, and will identify potential utility conflicts based upon available information. The proposed project would provide for treatment and disposal/use of biosolids that are currently hauled to landfills, therefore the effects from the change in the current conditions would be analyzed. Hazardous Materials ESA will conduct a database search to identify any hazardous sites in and around the project sites others to identify potential hazardous materials release sites within the vicinity of proposed project locations. Known hazardous materials sites will be identified to provide a route screening tool, and specific mitigation measures to reduce potential impacts to a less than significant level will be discussed. Aesthetics The emission stack for the facility will be the main issue for visual effects. ESA anticipates that the B2E facility will be located in an industrial area such that neither the facility nor the emissions stack would represent a dramatic visual contrast from the surrounding area. Therefore, this scope of work does not include visual simulations or renderings. ESA will qualitatively describe the potential visibility of project components and the need for mitigation features to minimize adverse effects. Enhancement opportunities such as site design, architectural features, and screening will be identified. Recreation Potential impacts to recreational facilities will be assessed and disclosed, including short term construction related impacts associated with facility access and use. ESA will examine potential land use compatibility issues, and potential conflict between recreational uses and proposed facilities. Appropriate mitigation measures will be identified to reduce potential impacts to the degree feasible. Socioeconomics I Environmental Justice ESA will describe the socioeconomic and environmental justice issues associated with each project site. The EIR will address potential impacts of the project during construction, operation, and maintenance activities. The environmental justice analysis will assess the effects of these activities specifically on minority and low-income populations in the vicinity of the project route. The impact analysis will analyze how environmental and health effects are distributed to determine whether any"disproportionately high and adverse impacts' on minority and low- income populations are associated with the project. The socioeconomic assessment will review potential effects on the local economy during construction and operation; this is not expected to be a significant issue. Page 10 of 16 Cumulative Analysis Cumulative analysis will include development of cumulative projects list for analysis. The list will include projects in the vicinity of the project sites. The geographic scope will be determined when the 3 sites are finalized under Technical Analyses task. The analysis will focus on proposed project's potential for a cumulatively considerable contribution to an individual impact. The analysis will include both short-term construction and long-term operational impacts. Growth Inducement and Secondary Effects of Growth This chapter will assess whether or not the proposed project would induce growth and analyze any secondary effects of growth. ESA will review municipal planning documents for wastewater and solid waste treatment and disposal plans for the participating agencies and assess the potential contribution of the proposed project to regional biosolids treatment and disposal planning trends. The biosolids management benefit of the project within the context of the sustainable processes and benefits will be examined, as well as the potential incremental secondary effects of growth that may remain for areas that are not currently built-out. Alternatives The Alternatives section will meet the requirements of CECA-Plus, and will include the analysis of the No Project Alternative, in which ESA will assess the potential impacts if the project were not implemented. ESA assumes that Coalition participants will provide information regarding their current biosolids management plans and the actions they would implement to dispose of biosolids in the future in the absence of the proposed project. Other alternatives will include both alternatives to the project and alternatives of the project (e.g., site alternatives and treatment options). ESA, with input from Carollo will incorporate information regarding alternative technologies (such as composting) from the previous technology screening study completed by Carollo and CH2MHill. The discussion of these alternatives will summarize how they compare to the preferred 132E project in terms of meeting the project objectives, environmental impact, cost, and other factors. Alternatives will be identified and reviewed that meet the project objectives and avoid or minimize the impacts of the proposed project. The analysis will examine these alternatives with respect to their ability to meet the proposed project objectives, their environmental impacts and mitigation requirements, and other appropriate comparative information, such as implementation costs and feasibility. ESA will discuss the relative environmental effects and trade-offs of the various alternatives identified. Deliverables: Electronic copy of Draft Project Description; Administrative Draft 1 EIR (10 copies plus electronic MS Word version) Team Inputs: Comments on Draft Project Description and Administrative Draft 1 EIR Meeting: Review of comments Page 11 of 16 Prepare Administrative Draft 2 EIR ESA will incorporate one round of comments from the lead agency on the Administrative Draft 1 EIR and prepare an Administrative Draft 2 EIR for team review. Deliverables: Administrative Draft 2 EIR (10 copies plus electronic MS Word version) Team Inputs: Comments on Administrative Draft 2 Meeting: Review of comments Prepare Screencheck and Draft EIR/Public Hearings ESA will incorporate comments on the Administrative Draft 2 EIR and prepare a Screencheck EIR for a final review after which ESA will prepare the Draft EIR for publication and distribution for public review. ESA will prepare 50 copies and 200 CDs of this document for public circulation, and will deliver 15 CDs and copies of executive summary to the State Clearinghouse; 8 copies will be delivered to the SWRCB. ESA will also prepare files suitable for website posting. ESA will assist the lead agency in developing a distribution list and will distribute documents to local and regional agencies and interested parties. ESA will draft the required notices for team review and will file notices at the County Clerk and State Clearinghouse, as appropriate. ESA's Project Manager will participate in preparation of materials and attendance at up to three public meetings on the EIR. Deliverables: Screencheck EIR (20 copies), Draft EIR (50 copies and 200 CDs); 15 CDs with 15 copies of Executive Summary to the State Clearinghouse and remaining copies to the parties on the distribution list; Notice of Completion; Notice of Availability (as necessary); Distribution list Team Inputs: Comments on Screencheck Draft EIR, Distribution List; review and comment on the notices Meetings: Screencheck EIR review session, Public Hearing on Draft EIR (3) Prepare Final EIR and Certification Support/Certification Hearing ESA will work with Carollo to prepare draft written responses to comments received on the Draft EIR. ESA will meet with the lead agency to review responses and then incorporate edits. The Final EIR will consist of the Draft EIR with the response to comments appended. ESA will prepare 25 copies of the Response to Comments appendix and will distribute them to commenting agencies and other interested parties as directed by the lead agency. ESA will prepare a draft and final mitigation monitoring and reporting program (MMRP) and Findings. ESA will prepare draft Notice of Determination (NOD) for the lead agency to file upon Page 12 of 16 certification of the EIR. ESA assumes a moderate number of comments would be received on the document(fewer than 50 distinct comments). In the event that a substantial number of comments are received and the level of effort exceeds the hours stated in the budget, ESA will need to revise the scope of work and cost estimate. ESA's Project Manager will attend one FEIR certification hearing. Deliverables: Draft(5 copies) and Final (25 copies) each of the Final EIR, MMRP, and Findings Team Inputs: Review of Draft Final EIR, MMRP, and Findings Meetings: Review of draft responses to comments. One FEIR certification meeting Project Management/Meetings Carollo's Project Manager will: • Continue to meet regularly with DDSD Contract Manager to review the work progress, budget, schedule and major planning assumptions. • Provide a monthly status report documenting the work done in the previous month, the problems to be overcome and the work for the next month. • Maintain thorough documentation of all work. • Maintain schedule and budget. The project manager will also continue to provide input to the 13A 132E Coalition members on biosolids and 132E systems. He will also continue to provide assistance to achieve funding for the studies, design and construction portion of this project. ESA's Project Manager will oversee staff assignments, budget and schedule management and work progress and quality. ESA will submit monthly invoices for work to date. ESA will maintain regular contact with the project team to coordinate work progress. ESA will attend monthly Steering Committee to present key findings and decisions required for the EIR process. For purposes of budgeting we have assumed that the Project Manager and Deputy Project Manager will attend 24 monthly meetings over the 24-month performance period for the EIR. Task 4 - Project(Agency) Outreach (Completed) Task 5: Stakeholder Outreach during Siting Process Carollo/ESA will provide overall guidance and coordination with the Stakeholder outreach subconsultant. Circlepoint, as a subconsultant to ESA, will assist in developing and implementing a focused stakeholder outreach process to support the Site Screening Task. The effort will include the following subtasks: • Identify key environmental and community stakeholders to meet with during the Site Screening Process. • Compile and maintain a stakeholder contact database Page 13 of 16 • Project Briefing meeting preparation—develop an agenda and strategy for meeting with stakeholders during the screening process to frame the nature and extent of input being sought. Identify and assist in the development of information materials for use in focused stakeholder meetings • Meeting arrangements—contact appropriate stakeholders to arrange for briefing sessions; arrange for facilities and provide someone to take notes. Representatives of the BA B2E Coalition agencies along with Carollo and ESA staff will be responsible for presentation of information at these meetings. For budgeting purposes we have provide for up to 4 stakeholder meetings during the Site Screening process. It is expected that environmental stakeholders from key regional environmental groups will attend a single meeting. Additional meetings will be held with other community stakeholders. Circlepoint will also support ESA in preparation for and arrangement of public scoping meetings following release of the NOP. Circlepoint will make meeting arrangements and again identify information materials necessary for the public meeting. Deliverables: Stakeholder outreach plan for Site Screening Process; stakeholder identification and initial database. Guidance on information materials; meeting arrangements, meeting notes Team Input: Stakeholder Outreach strategy development and assistance with implementation Meetings: Up to 4 Stakeholder meetings Additional outreach activities may be defined and agreed upon by the Steering Committee following the outreach outlined above, within the limits of the overall budget. Task 6 — Grant Funding Assistance To support this phase of work and development of the project, Coalition may apply for grant funding, such as grants from the California Energy Commission (CEC) under the Public Interest Energy Research (PIER) program and specifically the Renewable-Based Energy Secure Communities (RESCO) Research, Development and Demonstration Grant Solicitation. Specific projects that will be included in the PEIR RESCO application process are: Traffic/transport of Biosolids to the Facility— Two studies will evaluate the potential to shift to alternative transport modes to take truck trips off congested Bay Area highways and reduce emissions. These studies will evaluate opportunities and constraints for the use of rail and barge infrastructure to transport biosolids to proposed biosolids to energy (62E) facility sites. 1. Barge Transport Implementation Analysis — Study to evaluate the feasibility and cost of implementation of a biosolids barge transport system. 2. Rail Transport Implementation Analysis - The study will evaluate each of the 17 member agency sites for their proximity to rail transport, sidings available, cost to install or upgrade the siding as needed to develop them as a biosolids transport terminal. Sites Page 14 of 16 for multi agency use will also be investigated where the amount of biosolids generated is not sufficient to warrant rail transport or a rail siding is infeasible. Capital costs and schedules for the implementation of the needed facilities will be developed. 3. Transportation Alternative Analysis Summary Report - Integrated the results of the barge and rail analysis into an overall analysis of transportation alternatives feasibility, environmental impacts and costs and document in a report. Biomass Availability Study to Maximize Energy Value - Study of availability of additional biofuel materials to increase heat output to B2E facility. In order to make 132E cost effective and maximize the energy benefits, it is desirable to boost the energy or BTU content of the overall fuel fed to the 82E facility. This can be done by reducing the water content of the biosolids, which is already being investigated and will be optimized by each agency. Another option is to provide supplemental fuel to the B2E facility, which has a higher BTU value such as waste construction wood material, refuse derived paper products, or green wastes. This implementation analysis will develop a list of available alternative heat source materials; determine the availability of these heat materials, and the available heat from each material. The costs and prospect for continued availability of these other waste streams and their ability to be used in a fluidized bed reactor or other type of B2E facility will also be a part of this analysis. This will be a technical study to support CEQA and to define how to minimize transportation impacts and provide the information needed to implement an environmentally friendly project that will be developed in the next phases of work. The result will be the best method to provide the fuel needed for a B2E facility where the energy is needed. Other Studies as identified and agreed upon by the Steering Committee. Task 7 —State and Federal Advocacy State and Federal advocacy consultants will be responsible for the following: Kick-off/briefing meeting: Meeting will include key members of the Steering Committee and consultant team to understand the project background, goals and timeline; brainstorm strategies for meeting project needs; and participate in drafting conceptual ideas for packaging and presentation of the project to federal and state interests. Policy and Legislative Research. Review all existing and proposed state and federal legislation, regulations, grants and other programs pertinent to the development of a Bay Area Regional Biosolids to Energy project. Conduct initial discussions with federal officials and policy makers. Action Plan. An action plan shall be prepared, and will articulate goals, including: • New legislation or amendments to existing statutes as needed to designate this project as having federal benefits so that its development and implementation is eligible for federal support, including funding. Page 15 of 16 • Maximizing federal grant funding opportunities to offset the capital costs necessary to construct new facilities. • Maximizing any Green House Gas credits being developed that could be used to offset the cost of operations. • Identifying programs through federal agencies (i.e. CPUC, CEC, CaIEPA, and ARB at the state level and EPA, DOE, DOI at the federal level) that could be utilized to develop and implement the project. • Identifying any Alternative/Renewable energy incentives that could be used to offset costs or to interest energy producers. • Identifying any private or public utility grants or funding alternatives that may be available for such a project. • Strategies (meetings, briefings, white papers, letters, grass roots efforts, etc.) for securing goals and objectives. • Contacts (key state/federal officials, policy makers, others) • Briefings (individuals, timing, content) Strategy and Communications Plan. The plan will summarize strategy and communications and identify the resources needed to successfully implement the plan. Monthly meetings will include the consultant and Steering Committee. Communications will include a detailed monthly report of activities, progress, issues/challenges. The report will be distributed to all of the Parties for use within their organizations Page 16 of 16 First Amendment to Joint Exercise of Powers Agreement BAY AREA SOLIDS RECYCLING FACILITY EXHIBIT B Project Cost Allocation 2007 Avg Dry Agency Weather Flow(mgd) Total Payment Sausalito Marin 1.3 $46,333 City of Milbrae 1.5 $47,307 Ironhouse Sanitary District 2.7 $53,153 City of Burlingame 3.6 $57,537 North San Mateo County San 6.6 $72,151 Central Marin Sanitation Agency 7.0 $74,099 City of Livermore 7.1 $74,586 West County Wastewater District 7.2 $75,074 City of Richmond 9.2 $84,816 Dublin San Ramon Services District 11.1 $94,072 Vallejo Sanitation District 11.0 $93,585 Delta Diablo Sanitation District 14.0 $108,199 Fairfield-Suisun Sewer District 14.5 $110,634 South Bayside System Authority 15.3 $114,531 Union Sanitary District 26.5 $169,090 San Francisco Public Utilities District 79.0 $424,835 Total 217.60 $1,700,000 Agenda Item # 9b Meeting BURLINGAME STAFF REPORT Date: May 18, 2009 0 SUBMITTED BY APPROVED BY TO: HONORABLE MAYOR AND CITY COUNCIL DATE: May 1 , 2009 FROM: PUBLIC WORKS SUBJECT: RESOLUTION ACCEPTING THE TROUSDALE DRIVE WATER TRANSMISSION PIPELINE PROJECT BY KJ WOODS CONSTRUCTION INC. , CITY PROJECT NO. 80910 RECOMMENDATION: It is recommended that Council approve the attached resolution accepting the Trousdale Drive Water Transmission Pipeline project by KJ Woods Construction, Inc. in the amount of $896,784. BACKGROUND: On October 20, 2008, the Council awarded a construction contract for the Trousdale Drive Water Transmission Pipeline project to KJ Woods Construction, Inc. in the amount of $888,000. This project was the third of three phases of work involving the construction of a new 6500 foot transmission main from the SFPUC water connection at Magnolia Avenue to Mills Tank, as well as the reconstruction of the Trousdale Pump Station. DISCUSSION: The project construction has been satisfactorily completed in accordance with the plans and specifications. The final project construction cost is $896,784 which includes $9,784 or 1 % of change order work to resolve unforeseen utility conflicts and an additional hot tap. BUDGET IMPACT: Following are the estimated final project costs: Construction $ 896,784 Construction management & inspection $ 95,000 Staff administration and oversight $ 10,000 Total $190017784 The project is funded by the water enterprise fund and there are adequate funds available in the project budget to cover the costs. EXHIBITS: Resolution, Final progress payment, Map of project area c: City Clerk, City Attorney, KJ Woods Construction Inc. SAA Public Works Directory\Staff Reports\80910Supply pipeline Staff Report-Acceptance.doc RESOLUTION NO. - ACCEPTING IMPROVEMENTS - TROUSDALE DRIVE SUPPLY PIPELINE PROJECT BY KJ WOODS CONSTRUCTION, INC. CITY PROJECT NO. 80910 RESOLVED by the CITY COUNCIL of the City of Burlingame,California,and this Council does hereby find, order and determine as follows: 1. The Director of Public Works of said City has certified the work done by KJ WOODS CONSTRUCTION INC.,under the terms of its contract with the City dated October 20, 2008, has been completed in accordance with the plans and specifications approved by the City Council and to the satisfaction of the Director of Public Works. 2. Said work is particularly described as City Project No. 80910. 3. Said work be and the same hereby is accepted. Mayor 1, Mary Ellen Kearney, City Clerk of the City of Burlingame, do hereby certify that the foregoing Resolution was introduced at a regular meeting of the City Council held on the day of 2009, and was adopted thereafter by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: City Clerk SAA Public Works Directory\Author,By Name\Joanne Louie\RESOLUTION ACCEPTANCE.wpd CITY OF BURLINGAME CONTRACTOR: KJ WOODS I I DATE: 4/30/2009 ADDRESS: 2625 Judah Avenue,#2 PROGRESS PMT.#_4(FINAL)_ FOR THE MONTH OF: April 2009 San Francisco,CA TROUSDALE SUPPLE PIPELINE CITY PROJECT NO.80910 TELEPHONE (1-415)740-0335 1 1 1PURCHASE ORDER# 10766 % # ITEM DESCRIPTION UNIT UNIT BID BID QTY % AMOUNT PREVIOUS AMOUNT Bid/Paid PRICE SIZE QTY AMOUNT TO DATE PAID TO DATE PAID THIS PMT. 100.00% 1 16"PVC Water Main C905 $200.00 LF 2050 $410,000.00 2050 100% $410,000.00 $410,000.00 $0.00 100.00% 2 12"PVC Water Main C900 $195.00 LF 560 $109,200.00 560 100% $109,200.00 $109,200.00 $0.00 100.00% 3 16"Pressure Class 250 Ductile Iron Water Main $260.00 LF 40 $10,400.00 40 100% $10,400.00 $10,400.00 $0.00 100.00% 4 j 12"Pressure Class 250 Ductile Iron Water Main $210.00 LF 180 $37,800.00 180 100% $37,800.00 $37,800.00 $0.00 Ductile Iron Pipe Fittings 50.00% 5A 16"-45-degree Bends $400.00 EA 4 $1,600.Q0 2 50% $800.00 $800.00 $0.00 133.33% 6B 12"-45-degree Bends $150.00 EA 6 $900.00 8 133% $1,200.00 $1,200.00 $0.00 100.00% 5C 16"x12"Reducer $1,000.00 EA 1 $1,000.00 1 100% $1,000.00 $1,000.00 $0.00 200.00% 5D 16"Extra Flex Coupling $500.00 EA 1 $500.00 2 200% $1,000.00 $1,000.00 $0.00 100.00% 5E 12"Extra Flex Coupling $250.00 EA 2 $500.00 2 100% $500.00 $500.00 $0.00 100.00% 5F 16"Flanged Coupling Adapter $800.00 EA 2 $1,600.00 2 100%1 $1,600.00 $1,600.00 $0.00 100.00% 5G 12"Flanged Coupling Adapter $400.00 EA 1 $400.00 1 100% $400.00 $400.00 $0.00 100.00% 5H 16"Transition Coupling $500.00 EA 2 $1,000.00 2 100% $1,000.00 $1,000.00 $0.00 100.00% 51 12"Transition Coupling $250.00 EA 1 $250.00 1 100% $250.00 $250.00 $0.00 100.00% 5J 16"Butterfly Valve $5,000.00 EA 1 $5,000.00 1 1001% $5,000.00 $5,000.00 $0.00 PVC Pipe Fittings 100.00% 6A 16"-22.5-degree Bends $800.00 EA 1 $800.00 1 100% $800.00 $800.00 $0.00 100.00% 613 16"-11.25-degree Bends $800.00 EA 6 $4,800.00 61 100% $4,800.00 $4,800.00 $0.00 100.00% 7 12"SDR 26 PVC Sewer Main $180.00 LF 630 $113,400.00 630 100% $113,400.00 $113,400.00 $0.00 100.00% 8 New 5'0 Sewer Manhole $5,000.00 EA 2 $10,000.00 2 1001A $10,000.00 $10,000.00 $0.00 100.00% 9 Fire Hydrant $8,000.00 EA 1 $8,000.00 1 100% $8,000.00 $8,000.00 $0.00 50.00% 10 Combined ARV Assembly $2,000.00 EA 2 $4,000.00 1 50°1° $2,000.00 $2,000.00 $0.00 100.00% 11 CDF Check Dam/Pipe $4,000.00 EA 2 $8,000.00 2 100% $8,000.00 $8,000.00 $0.00 Page 1 of 2 Isolation Valve Assembly 100.00% 12A a.with 16"butterfly valves $6,000.00 EA 3 $18,000.00 3 100% $18,000.00 $18,000.00 $0.00 200.00% 12B b.with 12"butterfly valves $5,000.00 EA 1 $5,000.00 2 200% $10,000.00 $10,000.00 $0.00 100.00% 13 Trousdale Drive PRV Station(Sta.20+90) $60,000.00 LS 1 $60,000.00 1 100% $60,000.00 $60,000.00 $0.00 100.00% 14 Magnolia Turnout Connection(Sta.27+50) $12,000.00 LS 1 $12,000.00 1 100% $12,000.00 $12,000.00 $0.00 90.00% 15 Marco Polo Turnout Connection(Sta.19+15) $10,000.00 LS 1 $10,000.00 0.9 90% $9,000.00 $9,000.00 $0.00 40.00% 16 Sewer Lateral Connection $500.00 EA 10 $5,000.00 4 40%1 $2,000.00 $2,000.00 $0.00 100.00% 17 Traffic Control $5,000.00 LS 1 $5,000.00 1 100% $5,000.00 $5,000.00 $0.00 100.00% 18 IDisinfection and Flushing $5,000.00 LS 1 $5,000.00 1 100% $5,000.00 $5,000.00 $0.00 100.00% 19 Testing and Inspection $5,000.00 LS 1 $5,000.00 1 100% $5,000.00 $5,000.00 $0.00 100.00% 20 Mobilization/Demobilization $33,850.00 LS 1 $33,850.00 1.00 100% $33,850.00 $30,465.00 $3,385.00 TOTAL ORIGINAL CONTRACT $888,000.00 $887,000.00 $883,615.00 $3,385.00 Change orders C.C.O.#1:Six Time and Material tickets for changes due to unknown site conditions. $9,784.61 1 100% $9,784.61 $0.00 $9,784.61 TOTAL CHANGE ORDERS $9,784.61 $9,784.61 $0.0() $9,784.61 TOTAL ORIGINAL CONTRACT $888,000.00 $887,000.00 $883,615.001 $3,385.00 TOTAL CHANGE ORDERS $9,784.61 $9,784.61 $0.00 $9,784.61 CONTRACT TOTAL(original contact&C.O.) $897,784.61 $896,784.61 $883,615.00 $13,169.61 LESS RETENTION 10% ($89,678.46) ($88,361.50) ($1,316.96) SUBTOTAL WITHOUT DEDUCTIONS $807,106.15 $795,253.50 $11,852.65 AMOUNT DUE FROM CONTRACTOR $0.00 $0.00 $0.00 TOTAL THIS PERIOD $807,106.15 $795,253.50 $11,852.65 APPROVALS PREPARED BY: :L14A MAA _ - t CHECKED BY: N E APPROVED BY CITY ENGINEER: Page 2 of 2 1 � r 51 O � t A�„ rp Ilk J S c�3 : S�- d �� py STAFF REPORT BURLINGAME AGENDA ITEM# 9C �e 9om MTG. °AA*m DATE 5/18/09 TO: HONORABLE MAYOR AND CITY COUNCIL SUBMIT BY DATE: May 8,2009 APPROVE FROM: Mary Ellen Kearney, City Clerk By 650-558-7203 f— VL1 SUBJECT: Request direction on whether to cancel the Regular Council Meeting scheduled for July 6,2009 RECOMMENDATION: Request that Council direct staff on whether to cancel the July 6, 2009 Council meeting. In the past, due to summer vacations,this meeting has been cancelled. EXHIBITS• None Accounts Payable $3,342,206.53 Ck. No. 39210 - 39842 RECOMMENDED FOR PAYMENT APPROVED FOR PAYMENT r Payroll for April 2009 $2,727,151.52 Ck. No. 174031 - 174202 INCLUDES ELECTRONIC FUNDS TRANSFERS PERS HEALTH PERS RETIREMENT FEDERAL 941 TAX STATE DISABILITY TAX STATE INCOME TAX PERS & ICMA DEFERRED COMP SECTION 125 DEDUCTION CD CL rna W o m CD 3 CD cr. 0 S:\FINEXCEL\MISCELLANEOUS\COUNCILCKS.XLS 1 / CITY OF BURLINGAME 05-07-2009 W A R R A N T R E G I S T E R PAGE 8 FUND RECAP 08-09 NAME FUND AMOUNT GENERAL FUND 101 52 , 291 .34 PAYROLL REVOLVING FUND 130 10 , 346.60 CENTRAL COUNTY FIRE 201 141 ,442 . 77 CAPITAL IMPROVEMENTS FUND 320 1 ,415 .91 WATER CAPITAL PROJECT FUND 326 594 , 224 . 62 SEWER CAPITAL PROJECT FUND 327 42 , 186 .62 WATER FUND 526 226, 263 . 14 SEWER FUND 527 72, 623 . 27 SOLID WASTE FUND 528 3, 532 .80 PARKING ENTERPRISE FUND 530 1 , 122 . 00 BUILDING ENTERPRISE FUND 531 1 , 015 . 59 FACILITIES SERVICES FUND 619 113 . 28 EQUIPMENT SERVICES FUND 620 15 , 718.84 INFORMATION SERVICES FUND 621 60 .32 FIRE MECHANIC SERVICES FUND 625 87. 70 TRUST AND AGENCY FUND 731 300 . 00 UTILITY REVOLVING FUND 896 843 . 17 TOTAL FOR APPROVAL $1 , 163 , 587.97 s HONORABLE MAYOR AND CITY COUNCIL : THIS IS TO CERTIFY THAT THE CLAIMS LISTED ON PAGES NUMBERED FROM 1 THROUGH 8 INCLUSIVE , AND/OR CLAIMS NUMBERED FROM 39745 THROUGH 39842 INCLUSIVE , TOTALING IN THE AMOUNT OF $1 , 163, 587.97, HAVE BEEN CHECKED IN DETAIL AND APPROVED BY THE PROPER OFFICIALS, AND IN MY OPINION REPRESENT FAIR AND JUST CHARGES AGAINST THE CITY IN ACCORDANCE WITH THEIR RESPECTIVE AMOUNTS AS INDICATED THEREON . RESPECTFULLY SUBMITTED , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ./ . . . / . . . FINANCE DIRECTOR DATE APPROVED FOR PAYMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . / . . . / . . . COUNCIL DATE CITY OF BURLINGAME W A R R A N T R E G I S T E R PAGE 7 05/07/09 NUMBER NAME VENDOR DETAIL ACCOUNT AMOUNT *' Denotes Hand Written Checks 39836 LAW ENFORCEMENT TRAINING CENTER 29494 158.00 TRAINING EXPENSE 158.00 101 65100 260 39837 MV TRANSPORTATION INC 29495 260.00 CONTRACTUAL SERVICES 260.00 101 68010 220 1521 39838 DR CONSTRUCTION 29496 945.00 MISCELLANEOUS 1,260.00 531 22546 MISCELLANEOUS -315.00 531 31510 39839 ARCHITECTURAL RESOURCES GROUP IN 29497 2,335.00 DEPOSIT REFUND 2,335.00 101 22590 39840 PRECISION SURVEY SUPPLY 29498 350.66 MISC. SUPPLIES 350.66 101 65100 120 39841 NORTH PENINSULA VETERINARY EMERG 29499 389.25 MISC. SUPPLIES 389.25 101 65100 120 39842 508 PENINSULA DEVELOPMENT 29500 7,268.00 MISCELLANEOUS 2,048.00 101 36310 DEPOSIT REFUNDS 5,220.00 101 22520 TOTAL $1,163,587.97 CITY OF BURLINGAME W A R R A N T R E G I S T E R PAGE 6 05/07/09 NUMBER NAME VENDOR DETAIL ACCOUNT AMOUNT Denotes Hand Written Checks 39820 SANDRA ETCHELL CONSULTING SERVIC 27970 930.16 PROFESSIONAL & SPECIALIZED S 930.16 320 79410 210 39821 STANDARD INSURANCE COMPANY 28021 3,218.87 EMPLOYEE BENEFITS 3,218.87 130 20021 39822 ALL INDUSTRIAL ELECTRIC SUPPLY 28171 56.72 PUMP EQUIPMENT REPAIR 56.72 526 69020 230 39823 AT&T MOBILITY 28264 113.28 COMMUNICATIONS 113.28 619 64460 160 39824 THE OFFICE CITY 28427 141.91 OFFICE EXPENSE 141.91 101 67500 110 39825 PROVEN MANAGEMENT INC 28812 536,438.74 MISCELLANEOUS -59,604.31 326 20005 CONTRACTUAL SERVICES 596,043.05 #26 80910 220 39826 RAPID NOTIFY 28931 39.21 CONTRACTUAL SERVICES 39.21 201 65500 220 39827 HANNA GROUP 29061 13,090.00 PROFESSIONAL & SPECIALIZED S 13,090.00 327 81360 210 39828 JODI HAMILTON-EICHENSEHR 29128 460.00 CONTRACTUAL SERVICES 460.00 101 68010 220 1785 39829 ED WOOD 29269 556.00 TRAINING EXPENSE 556.00 201 65500 260 39830 JOSH ELLINGTON 29282 300.00 MISCELLANEOUS 300.00 731 22554 39831 ID VALIDATION SYSTEMS 29292 2,262.43 TRAINING EXPENSE 2,262.43 201 65200 260 39832 COLE SUPPLY CO.INC 29293 995.57 MISC. SUPPLIES 995.57 201 65200 111 39833 OLIVEIRA FENCE 29330 4,000.00 PROFESSIONAL & SPECIALIZED S 4,000.00 327 81360 210 39834 BLOCKA CONSTRUCTION INC 29331 1,444.87 PROFESSIONAL & SPECIALIZED S 1,444.87 327 81360 210 39835 GIVE SOMETHING BACK 29412 99.93 OFFICE EXPENSE 99.93 't01 68010 110 1101 CITY OF BURLINGAME W A R R A N T R E G I S T E R PAGE 5 05/07/09 NUMBER NAME VENDOR DETAIL ACCOUNT AMOUNT Denotes Hand Written Checks 39804 CALIFORNIA SUPPLY NORTH, INC. 26716 428.93 BLDG. & GROUNDS MAINT. 428.93 101 67500 190 39805 SKYLINE BUSINESS PRODUCTS 26825 78.36 OFFICE EXPENSE 7.77 101 64150 110 OFFICE EXPENSE 70.59 531 65300 110 39806 SAN FRANCISCO FENCERS CLUB 27032 53.60 CONTRACTUAL SERVICES 53.60 101 68010 220 1762 39807 ERIC WESTMORELAND 27056 168.00 CONTRACTUAL SERVICES 168.00 101 68010 220 1787 39808 COUNTY OF SAN MATEO 27057 1,945.00 TRAINING EXPENSE 1,945.00 101 64420 262 39809 MICHAEL'S TRANSPORTATION SERVICE 27227 439.94 CONTRACTUAL SERVICES 439.94 101 68010 220 1370 39810 EPC CONSULTANTS 27676 744.75 CONTRACTUAL SERVICES 744.75 327 81800 220 39811 AT&T MOBILITY 27713 49.99 COMMUNICATIONS 49.99 101 64250 160 39812 AT&T MOBILITY 27714 65.94 COMMUNICATIONS 65.94 101 64150 160 39813 AT&T MOBILITY 27717 361.27 COMMUNICATIONS 361.27 101 66100 160 39814 AT&T MOBILITY 27724 1,742.11 COMMUNICATIONS 1,742.11 201 65200 160 39815 AT&T MOBILITY 27725 110.15 COMMUNICATIONS 110.15 201 65200 160 39816 AT&T MOBILITY 27760 843.17 UTILITY EXPENSE 843.17 896 20281 39817 AT&T MOBILITY 27763 104.29 COMMUNICATIONS 104.29 201 65200 160 0 39818 PRE PAID LEGAL SERVICES INC 27801 67.75 MISCELLANEOUS 67.75 130 21019 39819 GROENIGER & CO. 27811 3,498.18 MISC. SUPPLIES 3,498.18 326 81230 120 CITY OF BURLINGAME W A R R A N T R E G I S T E R PAGE 4 05/07/09 NUMBER NAME VENDOR DETAIL ACCOUNT AMOUNT Denotes Hand Written Checks 39788 QUILL 24090 82.11 BLDG. & GROUNDS MAINT. 82.11 101 67500 190 39789 SPANGLE ASSOCIATES 24113 1,122.00 PROFESSIONAL & SPECIALIZED S 1,122.00 530 65400 210 39790 BAYSIDE PRINTED PRODUCTS 24192 218.06 OFFICE EXPENSE 218.06 101 64250 110 39791 CENTRAL COUNTY FIREFIGHTERS FUND 24519 97.50 MISCELLANEOUS 97.50 130 20080 39792 BURLINGAME POLICE ADMINISTRATION 24520 160.00 MISCELLANEOUS 160.00 130 20024 39793 BURLINGAME POLICE OFFICERS ASSN 24521 620.00 MISCELLANEOUS 620.00 130 20024 39794 C.L.E.A. 24523 507.00 MISCELLANEOUS 175.50 130 20027 MISCELLANEOUS 331.50 130 20026 39795 STANDARD INSURANCE CO. RB 24525 1,032.65 MISCELLANEOUS 1,032.65 130 20025 39796 TEAMSTERS #856 24526 450.00 UNION DUES 450.00 130 21091 39797 TEAMSTERS UNION LOCAL 856 24528 320.60 MISCELLANEOUS 320.60 130 21092 39798 KENNEDY/JENKS CONSULTANTS 24570 24,337.68 PROFESSIONAL & SPECIALIZED S 24,337.68 326 82220 210 39799 AETNA 24760 3,872.23 EMPLOYEE BENEFITS 3,872.23 130 20022 39800 TRACE ANALYTICS, INC. 25271 460.00 EQUIPMENT MAINT. 460.00 201 65200 200 39801 OFFICE DEPOT 25487 55.90 OFFICE EXPENSE 55.90 401 67500 110 39802 J.P. COOKE CO. 26207 15.95 OFFICE EXPENSE 15.95 101 66100 110 39803 RYAN GLAUBERT 26572 706.78 TRAINING EXPENSE 706.78 201 65200 260 CITY OF BURLINGAME W A R R A N T R E G I S T E R PAGE 3 05/07/09 NUMBER NAME VENDOR DETAIL ACCOUNT AMOUNT *' Denotes Hand Written Checks 39773 CDW GOVERNMENT, INC. 21482 318.32 MISCELLANEOUS 318.32 101 67500 235 39774 R&B COMPANY 22178 4,806.06 MISC. SUPPLIES 3,950.02 326 82220 120 MISC. SUPPLIES 856.04 526 69020 120 39775 JONES AND MAYER 22818 90.00 PROFESSIONAL & SPECIALIZED S 90.00 101 64350 210 39776 GALE 23127 343.44 LIBRARY--BOOKS AND MAPS 343.44 101 67500 129 39777 T.T. TECHNOLOGIES 23279 7,440.10 SMALL TOOLS 454.10 526 69020 130 CAPITAL EQUIPMENT 6,986.00 526 69020 800 39778 OFFICE MAX 23306 962.99 OFFICE EXPENSE 463.13 101 68010 110 1101 OFFICE EXPENSE 70.20 101 64400 110 MISCELLANEOUS 429.66 101 67500 235 39779 INTERNATIONAL LASER GROUP 23380 1,253.36 MISCELLANEOUS 1,253.36 101 67500 235 39780 CRESCO EQUIPMENT RENTALS 23470 8.41 TRAFFIC CONTROL MATERIALS 8.41 101 66210 222 39781 ERLER AND KALINOWSKI,INC. 23531 26,000.00 PROFESSIONAL & SPECIALIZED S 26,000.00 326 81370 210 39782 MCMASTER-CARR SUPPLY CO. 23611 47.73 SUPPLIES 47.73 620 15000 39783 AT&T 23661 47.76 COMMUNICATIONS 47.76 621 64450 160 39784 SCS ENGINEERS 23727 3,532.80 PROFESSIONAL & SPECIALIZED S 3,532.80 528 66600 210 39785 AT&T/MCI 23728 s 12.56 COMMUNICATIONS 12.56 621 64450 160 39786 PENINSULA LIBRARY SYSTEM 23983 300.00 TRAINING EXPENSE 300.00 101 67500 260 39787 WINZLER & KELLY CONSULTING ENGIN 23992 485.75 PROFESSIONAL & SPECIALIZED S 485.75 320 79410 210 CITY OF BURLINGAME W A R R A N T R E G I S T E R PAGE 2 05/07/09 NUMBER NAME VENDOR DETAIL ACCOUNT AMOUNT Denotes Hand Written Checks 39758 BURLINGAME POLICE DEPT 13720 1,292.18 OFFICE EXPENSE 350.00 101 65100 110 COMMUNICATIONS 200.00 101 65100 160 TRAINING EXPENSE 742.18 101 65100 260 39759 FORTE PRESS CORP. 13759 + 60.09 OFFICE EXPENSE 60.09 101 65100 110 39760 ALFRED H. ESCOFFIER 15413 530.00 MISCELLANEOUS 530.00 101 67500 031 39761 PENINSULA ASA 15701 705.00 MISC. SUPPLIES 705.00 101 68010 120 1787 39762 RECORDED BOOKS, LLC 16052 864.79 LIBRARY--RECORDS AND CASSETT 864.79 101 67500 125 39763 CUMMINS WEST, INC. 16414 15,369.41 CAPITAL EQUIPMENT 15,369.41 620 66700 800 39764 CENTRAL BUSINESS EQUIPMENT 18011 131.22 EQUIPMENT MAINT. 131.22 101 65150 200 39765 TOWN OF HILLSBOROUGH 18419 133,551.47 MISCELLANEOUS 133,551.47 201 35212 39766 ARROWHEAD MOUNTAIN SPRING WATER 19330 37.29 MISC. SUPPLIES 37.29 526 69020 120 39767 BURTON'S FIRE, INC. 19366 87.70 FIRE APPARATUS MAINT. 87.70 625 65213 203 39768 CREATIVE INTERCONNECT 19768 228.36 CONTRACTUAL SERVICES 228.36 201 65200 220 39769 NOLTE & ASSOCIATES, INC. 20376 + 22,907.00 PROFESSIONAL & SPECIALIZED S 22,907.00 327 81260 210 39770 CHANNING L. BETE CO., INC. 20761 662.79 SUPPLIES 662.79 201 65200 112 39771 LAWRENCE S. MOY 20954 540.00 CONTRACTUAL SERVICES 540.00 101 68010 220 1762 39772 THE BANK OF NEW YORK 21439 1,500.00 MISCELLANEOUS 1,500.00 101 32100 CITY OF BURLINGAME W A R R A N T R E G I S T E R PAGE 1 05/07/09 NUMBER NAME VENDOR DETAIL ACCOUNT AMOUNT * Denotes Hand Written Checks 39745 BURLINGAME CHAMBER OF COMMERCE 01637 2,514.92 CONTRACTUAL SERVICES 2,514.92 101 64560 220 39746 VEOLIA WATER 02110 27,085.86 BLDG. & GROUNDS MAINT. 16,618.36 1327 66530 190 CAPITAL EQUIPMENT 10,467.50 527 66530 800 39747 FEDEX 02160 787.72 OFFICE EXPENSE 79.39 101 66100 110 OFFICE EXPENSE 20.03 101 64200 110 OFFICE EXPENSE 64.63 101 66100 110 MISC. SUPPLIES 92.62 101 64400 120 PERSONNEL EXAMINATIONS 247.64 101 64420 121 MISC. SUPPLIES 283.41 527 66520 120 39748 W.W. GRAINGER, INC. 02248 1,486.95 SMALL TOOLS 23.61 201 65200 130 CAPITAL EQUIPMENT 1,373.59 526 69020 800 SUPPLIES 89.75 620 15000 39749 GRANITE ROCK COMPANY 02261 654.10 STREET RESURFACING EXPENSE 654.10 101 66210 226 39750 LAWSON PRODUCTS, INC. 02755 211.95 SUPPLIES 211.95 620 15000 39751 OCLC,INC. 03033 791.31 LIBRARY--BOOKS AND MAPS 791.31 101 67500 129 39752 P. G. & E. 03054 18,979.13 GAS & ELECTRIC 18,979.13 101 66100 170 39753 SAN FRANCISCO WATER DEPT. 03353 216,499.40 WATER PURCHASES 216,499.40 526 69020 171 39754 CITY OF SOUTH SAN FRANCISCO 03483 45,254.00 OTHER AGENCY CONTRIBUTIONS 45,254.00 527 66530 270 39755 WEST GROUP PAYMENT CTR. 03964 180.25 PROFESSIONAL & SPECIALIZED S 180.25 101 64350 210 39756 FASTSIGNS 09136 464.31 MISC. SUPPLIES 464.31 101 67500 120 39757 LEONA MORIARTY 09979 3,948.00 CONTRACTUAL SERVICES 3,948.00 101 68010 220 1644 CITY OF BURLINGAME 05-01-2009 WARRANT REG I ST ER PAGE 15 FUND RECAP - 08-09 NAME FUND AMOUNT GENERAL FUND 101 48,052.95 CENTRAL COUNTY FIRE 201 5,041.55 CAPITAL IMPROVEMENTS FUND 320 21,882.99 WATER CAPITAL .PROJECT FUND 326 610.00 SEWER CAPITAL PROJECT FUND 327 21,940.25 WATER FUND 526 54,872.94 SEWER FUND 527 10,818.13 SOLID WASTE FUND 528 9,842.16 PARKING ENTERPRISE FUND 530 1,255.58 BUILDING ENTERPRISE FUND 531 16,347.32 SELF INSURANCE FUND 618 40,790.75 FACILITIES SERVICES FUND 619 6,441.41 EQUIPMENT SERVICES FUND 620 16,965.04 INFORMATION'SERVICES FUND 621 213.18 FIRE MECHANIC SERVICES FUND 625 684.40 OTHER LOCAL GRANTS/DONATIONS 730 110.63 UTILITY REVOLVING FUND 896 40,345.23 TOTAL FOR APPROVAL $296,214.51 HONORABLE MAYOR AND CITY COUNCIL: THIS IS TO CERTIFY THAT THE CLAIMS LISTED ON PAGES NUMBERED FROM 1 THROUGH 15 INCLUSIVE, AND/OR CLAIMS NUMBERED FROM 39570 THROUGH 39744 INCLUSIVE,TOTALING IN THE AMOUNT OF $296,214.51, HAVE BEEN CHECKED IN DETAIL AND APPROVED BY THE PROPER OFFICIALS, AND IN MY OPINION REPRESENT FAIR AND JUST CHARGES AGAINST THE CITY IN ACCORDANCE WITH THEIR RESPECTIVE AMOUNTS AS INDICATED THEREON. RESPECTFULLY SUBMITTED, .................................... .../.../... FINANCE"'DIRECTOR DATE APPROVED FOR PAYMENT ... COUNCIL DATE CITY OF BURLINGAME WARRANT REG I ST ER PAGE 14 05/01/09 NUMBER NAME VENDOR DETAIL ACCOUNT AMOUNT * Denotes Hand Written Checks 39737 PAM DONKIN 29486 4,560.00 CONTRACTUAL SERVICES 4,560.00 101 68010 220 1331 39738 1317 CABRILLO AVE LLC 29487 8,635.00 MISCELLANEOUS 8,635.00 531 22546 39739 ERIC BRAND .,.' 29488 3,000.00 MISCELLANEOUS 3,000.00 531 22546 39740 STEVE 'HARPER:, 29489 750.00 MISCELLANEOUS 750.00 531 22546 39741 OSTERIA ARNOLD LLC 29490 139.07 MISCELLANEOUS 139.07 526 22502 39742 NORTHPARK APARTMENT HOMES 29491 931.72 MISCELLANEOUS 931.72 526 22502 39743 LEONARDO PRIVITERA 29492 300.00 DEPOSIT REFUNDS 300.00 101 22520 39744 PANKEYS RADIATOR SHOP 29493 675.00 SUPPLIES 675.00 620 15000 TOTAL $296,214.51 s C � 1 CITY OF BURLINGAME W A R R A N T R E G I S T E R PAGE 13 05/01/09 NUMBER NAME VENDOR DETAIL ACCOUNT AMOUNT *' Denotes Hand Written Checks 39721 KYOKO UEKI 29470 9.00 MISCELLANEOUS 9.00 101 36330 000 1349 39722 LISA BURROWS 29471 9.00 MISCELLANEOUS 9.00 101 36330 000 1349 39723 TERESA CHAMBERS 29472 9.00 MISCELLANEOUS 9.00 101 36330 000 1349 39724 SIGRUN FRANCO 29473 9.00 MISCELLANEOUS 9.00 101 36330 000 1349 39725 BARBARA MILLETT 29474 18.00 MISCELLANEOUS 18.00 101 36330 000 1349 39726 DAVOOD RASHIDI 29475 106.00 MISCELLANEOUS 106.00 101 36330 000 1349 39727 WENDY HUANG 29476 106.00 MISCELLANEOUS 106.00 101 36330 000 1349 39728 DONNA STUPFEL 29477 106.00 MISCELLANEOUS 106.00 101 36330 000 1644 39729 JEANNE CRESCI 29478 126.00 MISCELLANEOUS 126.00 101 36330 000 1661 39730 DAVID GREENE 29479 8.00 MISCELLANEOUS 8.00 101 36330 000 1643 39731 HIEDI BECK 29480 8.00 MISCELLANEOUS 8.00 101 36330 000 1643 39732 ROBIN L. HURWITZ 29481 16.00 MISCELLANEOUS 16.00 101 36330 000 1643 39733 CAITLIN PARRY MCMANUS 29482 8.00 MISCELLANEOUS 8.00 101 36330 000 1647- 39734 64339734 KIMBERLY PITZER 29483 8.00 MISCELLANEOUS 8.00 101 36330 000 1643 39735 CONNIE AZZOLINO 29484 72.00 MISCELLANEOUS 72.00 101 36330 000 1647 39736 GAIL ROBERTS 29485 139.00 MISCELLANEOUS 139.00 101 36330 000 1781 CITY OF BURLINGAME W A R R A N T R E G I S T E R PAGE 12 05/01/09 NUMBER NAME VENDOR DETAIL ACCOUNT AMOUNT Denotes Hand Written Checks 39705 SAYURI OHNO 29029 18.00 MISCELLANEOUS 18.00 101 36330 000 1349 39706 JUDY LOZZI 29148 200.00 CONTRACTUAL SERVICES 200.00 101 68010 220 1645 39707 RICOH AMERICAS CORPORATION 29354 881.14 CONTRACTUAL SERVICES 98.11 101 65150 220 CONTRACTUAL SERVICES 783.03 101 65100 220 39708 HAASHIM HALLUMS 29365 34.69 SMALL TOOLS 34.69 620 66700 130 39709 WILLIAM RYAN 29418 3,000.00 MISCELLANEOUS 3,000.00 531 22546 39710 1433 FLORIBUNDA LLC 29459 2,767.50 MISCELLANEOUS 2,767.50 101 36630 39711 THORENFELDT CONSTRUCTION 29460 4,370.00 MISCELLANEOUS 4,370.00 526 36730 39712 GRAHAM SIMPSON 29461 9.00 MISCELLANEOUS 9.00 101 36330 000 1349 39713 LISA FRIEDMAN 29462 9.00 MISCELLANEOUS 9.00 101 36330 000 1349 39714 SHELLY 'TAYLOR 29463 9.00 MISCELLANEOUS 9.00 101 36330 000 1349 39715 JESSICA'..BEEBE 29464 9.00 MISCELLANEOUS 9.00 101 36330 000 1349 39716 ALAN DRUMMER :. 29465 9.00 MISCELLANEOUS 9.00 101 36330 000 1349 39717 LISA HOEFER 29466 18.00 MISCELLANEOUS 18.00 101 36330 000 1349 39718 MICHIKO INOUYE 29467 9.00 MISCELLANEOUS 9.00 101 36330 000 1349 39719 TRACY RIEDL 29468 9.00 MISCELLANEOUS 9.00 101 36330 000 1349 39720 BRUCE SEELEY 29469 9.00 MISCELLANEOUS 9.00 101 36330 000 1349 CITY OF BURLINGAME W A R R A N T R E G I S T E R PAGE 11 05/01/09 NUMBER NAME VENDOR DETAIL ACCOUNT AMOUNT *' Denotes Hand Written Checks 39689 CDPH-OCP 27933 45.00 DUES & SUBSCRIPTIONS 45.00 526 69020 240 39690 4 LEAF INC 27948 21,883.50 PROFESSIONAL & SPECIALIZED S 21,883.50 327 81800 210 39691 R&S ERECTION NORTH PENINSULA 27969 227.00 PROFESSIONAL & SPECIALIZED S 227.00 619 64460 210 5140 39692 MICHAEL ADAM 28008 704.00 CONTRACTUAL SERVICES 704.00 101 68010 220 1788 39693 CINTAS FIRE PROTECTION 28124 37.06 MISC. SUPPLIES 37.06 619 64460 120 39694 ALL INDUSTRIAL ELECTRIC SUPPLY 28171 963.49 MISC. SUPPLIES 723.13 527 66520 120 PUMP EQUIPMENT REPAIR 240.36 527 66520 230 39695 KELLY BRESLIN WRIGHT 28386 9.00 MISCELLANEOUS 9.00 101 36330 000 1349 39696 ELIZABETH KENDALL 28424 50.00 MISCELLANEOUS 50.00 101 22593 39697 STEVEN WILLIAMS 28425 75.00 MISCELLANEOUS 75.00 101 22593 39698 E.B.I. AGGREGATES 28759 271.99 MISC. SUPPLIES 271.99 101 66210 120 39699 JULIE JANC 28779 9.00 MISCELLANEOUS 9.00 101 36330 000 1349 39700 WILLDAN FINANCIAL SERVICES 28824 7,736.34 PROFESSIONAL & SPECIALIZED S 7,736.34 320 82210 210 39701 ROSEMARY CLAWSON 28885 180.00 CONTRACTUAL SERVICES 180.00 101 68010 220 1521 39702 MARY MURPHY 28926 65.00 MISCELLANEOUS 65.00 101 36330 000 1647 39703 MUNICIPAL AUDITING SERVICES 28938 1,675.32 BUSINESS LICENSE REFUND 1,675.32 101 22503 39704 SHIVA MALEK 29020 9.00 MISCELLANEOUS 9.00 101 36330 000 1349 CITY OF BURLINGAME W A R R A N T R E G I S T E R PAGE 10 05/01/09 NUMBER NAME VENDOR DETAIL ACCOUNT AMOUNT *' Denotes Hand Written Checks 39688 U.S. BANK CORPORATE PAYMENT SYST 27931 13,723.70 MISCELLANEOUS 360.00 101 64150 031 OFFICE EXPENSE 76.60 101 67500 110 OFFICE EXPENSE 1,648.75 101 65100 110 MISC. SUPPLIES 29.81 101 68010 120 1373 MISC. SUPPLIES 30.32 101 68010 120 1330 MISC. SUPPLIES 66.55 101 65100 120 MISC. SUPPLIES 21.65 101 68010 120 1422 MISC. SUPPLIES 45.93 101 64100 120 MISC. SUPPLIES 59.24 101 68010 120 1101 MISC. SUPPLIES 1,281.34 101 68010 120 1521 MISC. SUPPLIES 24.88 101 68010 120 1114 MISC. SUPPLIES 8.64 101 68010 120 1781 MISC. SUPPLIES 5.19 101 68010 120 1520 MISC. SUPPLIES 1.61 101 68010 120 1789 MISC. SUPPLIES 72.32 101 68010 120 1785 LIBRARY--BOOKS AND MAPS 38.99 101 67500 129 UNIFORMS AND EQUIPMENT 608.38 101 65100 140 BLDG. & GROUNDS MAINT. 78.96 101 67500 190 EQUIPMENT MAINT. 178.21 101 65100 200 CONTRACTUAL SERVICES 1,314.13 101 68010 220 1370 CONTRACTUAL SERVICES 311.80 101 68010 220 1646 MISCELLANEOUS 275.98 101 67500 235 DUES & SUBSCRIPTIONS 19.95 101 64150 240 TRAVEL & MEETINGS 180.00 101 69537 250 TRAVEL & MEETINGS 550.00 101 64350 250 TRAVEL & MEETINGS 299.00 101 66100 250 TRAVEL & MEETINGS 638.55 101 65100 250 TRAVEL & MEETINGS 559.00 101 68020 250 2100 TRAVEL & MEETINGS 39.67 101 64150 250 TRAVEL & MEETINGS 285.00 101 64420 250 TRAVEL & MEETINGS 231.00 101 67500 251 TRAINING EXPENSE 299.00 101 67500 260 MISC. SUPPLIES 56.75 327 81800 120 DUES & SUBSCRIPTIONS 403.12 526 69020 240 OFFICE EXPENSE 15.25 527 66520 110 MISC. SUPPLIES 147.13 527 66520 120 DUES & SUBSCRIPTIONS 907.00 527 66520 240 TRAINING EXPENSE 930.00 527 66520 260 CONTRACTUAL SERVICES 786.00 531 65300 220 MISC. SUPPLIES 115.61 619 64460 120 5170 MISC. SUPPLIES 170.67 619 64460 120 MISC. SUPPLIES 310.68 619 64460 120 5160 PROFESSIONAL .& SPECIALIZED S 200.00 619 64460 210 BLDG. & GROUNDS MAINT. 44.98 620 66700 190 PROFESSIONAL & SPECIALIZED S 169.00 620 66700 210 DUES & SUBSCRIPTIONS 45.00 620 66700 240 OFFICE EXPENSE -328.57 621 64450 110 MISC. SUPPLIES 110.63 730 69533 120 CITY OF BURLINGAME W A R R A N T R E G I S T E R PAGE 9 05/01/09 NUMBER NAME VENDOR DETAIL ACCOUNT AMOUNT *' Denotes Hand Written Checks 39683 AT&T MOBILITY 27559 151.43 COMMUNICATIONS 151.43 101 67500 160 39684 CHERYL L. MORI 27591 9.00 MISCELLANEOUS 9.00 101 36330 000 1349 39685 AT&T MOBILITY 27722 42.39 COMMUNICATIONS 42.39 530 65400 160 39686 AT&T MOBILITY 27744 64.31 COMMUNICATIONS 64.31 101 65100 160 39687 DEEPIKA AHUJA 27910 9.00 MISCELLANEOUS 9.00 101 36330 000 1349 CITY OF BURLINGAME W A R R A N T R E G I S T E R PAGE 8 05/01/09 NUMBER NAME VENDOR DETAIL ACCOUNT AMOUNT *' Denotes Hand Written Checks 39668 DANIEL STROUD 26070 9.00 MISCELLANEOUS 9.00 101 36330 000 1349 39669 DIMITRI RALLY 26120 9.00 MISCELLANEOUS 9.00 101 36330 000 1349 39670 AMELIA CHICK 26158 9.00 MISCELLANEOUS 9.00 101 36330 000 1349 39671 COIN TECH 26173 96.39 EQUIPMENT MAINT. 96.39 530 65400 200 39672 VISION INTERNET PROVIDERS INC 26294 267.50 COMMUNICATIONS 267.50 621 64450 160 39673 ALEX LEE 26429 9.00 MISCELLANEOUS 9.00 101 36330 000 1349 39674 JULIE WILSON 26513 9.00 MISCELLANEOUS 9.00 101 36330 000 1349 39675 MIKE ADAM 26517 270.00 CONTRACTUAL SERVICES 270.00 101 68010 220 1788 39676 TOM BRUNO 26557 18.00 MISCELLANEOUS 18.00 101 36330 000 1349 39677 H.S.B.C. BUSINESS SOLUTIONS 26564 375.54 SMALL TOOLS 375.54 201 65200 130 39678 STACEY HAWLEY 26802 18.00 MISCELLANEOUS 18.00 101 36330 000 1349 39679 SKYLINE BUSINESS PRODUCTS 26825 196.64 OFFICE EXPENSE 17.80 101 64350 110 OFFICE EXPENSE 161.04 101 64150 110 OFFICE EXPENSE 17.80 101 64420 110 39680 SABER ROOFING 27281 176.32 MISCELLANEOUS 176.32 531 31510 39681 INTERSTATE BATTERY SYSTEM OF SAN 27283 642.06 FIRE"APPARATUS MAINT. 642.06 625 65213 203 39682 JUDY LOPEZ 27540 9.00 MISCELLANEOUS 9.00 101 36330 000 1349 1 CITY OF BURLINGAME W A R R A N T R E G I S T E R PAGE 7 05/01/09 NUMBER NAME VENDOR DETAIL ACCOUNT AMOUNT *' Denotes Hand Written Checks 39652 OFFICE DEPOT 25487 66.78 MISC. SUPPLIES 66.78 101 67500 120 39653 AA GALAXY INTERNATIONAL INC. 25492 200.00 MISC. SUPPLIES 200.00 320 78510 120 39654 ACCURACY INTERNATIONAL 25528 123.00 MISC. SUPPLIES 123.00 320 78510 120 39655 DEBORAH HIRTH 25579 9.00 MISCELLANEOUS 9.00 101 36330 000 1349 39656 DARCI FLETCHALL 25663 9.00 MISCELLANEOUS 9.00 101 36330 000 1349 39657 ROB MICHELI 25681 180.00 CONTRACTUAL SERVICES 180.00 101 68010 220 1788 39658 ANNIE KISHIYAMA 25700 9.00 MISCELLANEOUS 9.00 101 36330 000 1349 39659 TOM MONTROSS 25723 90.00 CONTRACTUAL SERVICES 90.00 101 68010 220 1788 39660 ALMUTH STANN 25787 8.00 MISCELLANEOUS 8.00 101 36330 000 1643 39661 MAY KEE FONG 25910 9.00 MISCELLANEOUS 9.00 101 36330 000 1349 39662 KIMBERLY ROSALES 25951 18.00 MISCELLANEOUS 18.00 101 36330 000 1349 39663 ERIKA PIANIM 26002 9.00 MISCELLANEOUS 9.00 101 36330 000 1349 39664 LISA CHAI 26004 9.00 MISCELLANEOUS 9.00 101 36330 000 1349 39665 LORI BAINTON` 26030 9.00 MISCELLANEOUS 9.00 101 36330 000 1349 39666 ISIDOR COLON 26048 106.00 MISCELLANEOUS 106.00 101 36330 000 1644 39667 KENNETH NEUMANN 26065 57.00 MISCELLANEOUS 57.00 101 36330 000 1644 CITY OF BURLINGAME W A R R A N T R E G I S T E R PAGE 6 05/01/09 NUMBER NAME VENDOR DETAIL ACCOUNT AMOUNT Denotes Hand Written Checks 39637 SPANGLE ASSOCIATES 24113 1,023.00 PROFESSIONAL & SPECIALIZED S 1,023.00 530 65400 210 39638 J&L CONSTRUCTION 24288 6,013.53 MISC. SUPPLIES 1,494.89 527 66520 120 CONTRACTUAL SERVICES 4,518.64 527 66520 220 39639 KIERAN MULDOWNEY 24331 300.00 DEPOSIT REFUNDS 300.00 101 22520 39640 CONSTANTINOS FLOCAS 24388 65.00 MISCELLANEOUS 65.00 101 36330 000 1647 39641 ASSOCIATED BUSINESS MACHINES 24515 180.70 OFFICE EXPENSE 180.70 101 65100 110 39642 SWRCB FEES 24588 908.00 OTHER AGENCY CONTRIBUTIONS 908.00 527 66530 270 39643 UNIQUE MANAGEMENT SERVICES, INC. 24602 161.10 MISCELLANEOUS 161.10 101 36320 39644 GOLDEN STATE FLOW MEASUREMENT IN 24696 32,880.94 CONTRACTUAL SERVICES 32,880.94 526 69020 220 39645 JOSEPH BYRNE 24754 9.00 MISCELLANEOUS 9.00 101 36330 000 1349 39646 OFFICE DEPOT 25224 68.28 OFFICE EXPENSE 89.43 201 65200 110 TRAINING EXPENSE -21.15 201 65200 260 39647 PAUL CLAY 25282 180.00 CONTRACTUAL SERVICES 180.00 101 68010 220 1788 39648 ROCHE GEORGE_ 25323 360.00 CONTRACTUAL SERVICES 360.00 101 68010 220 1788 39649 MARINA DULMAN 25330 150.00 MISCELLANEOUS 150.00 101 22593 39650 PERISSA CLARK 25408 18.00 MISCELLANEOUS. 18.00 101 36330 000 1349 39651 THU NGUYEN 25484 9.00 MISLELLANEOUS 9.00 101 36330 000 1349 1 f CITY OF BURLINGAME W A R R A N T R E G I S T E R PAGE 5 05/01/09 NUMBER NAME VENDOR DETAIL ACCOUNT AMOUNT * Denotes Hand Written Checks 39624 MILLS PENINSULA HEALTH SERVICES 22751 694.40 PROFESSIONAL & SPECIALIZED S 694.40 101 64420 210 39625 ROBERTA RESTANI 22828 661.50 CONTRACTUAL SERVICES 661.50 101 68010 220 1641 39626 GALE 23127 185.66 LIBRARY--BOOKS AND MAPS 185.66 101 67500 129 39627 OFFICE MAX 23306 1,175.57 OFFICE.EXPENSE 280.57 101 67500 110 OFFICE EXPENSE 322.11 101 64250 110 OFFICE EXPENSE 108.77 101 67500 110 MISC. SUPPLIES 189.87 101 64560 120 OFFICE EXPENSE 274.25 621 64450 110 39628 WILCO SUPPLY 23333 119.27 MISC. SUPPLIES 119.27 619 64460 120 5130 39629 COLANINE & BOB ROEPKE 23574 9.00 MISCELLANEOUS 9.00 101 36330 000 1349 39630 REFRIGERATION SUPPLIES DISTRIBUT 23639 50.00 TRAINING EXPENSE 50.00 619 64460 260 39631 GBA MASTER SERIES INC. 23693 1,840.00 CAPITAL EQUIPMENT 1,840.00 619 64460 800 39632 AT&T/MCI 23728 163.50 UTILITY EXPENSE 163.50 896 20281 39633 KEITH MARTIN 23788 105.16 OFFICE EXPENSE 37.09 526 69020 110 TRAVEL & MEETINGS 8.00 526 69020 250 SMALL TOOLS 8.07 527 66520 130 TRAVEL & MEETINGS 52.00 527 66520 250 39634 NEXTEL COMMUNICATIONS 23.946 755.85 CONTRACTUAL SERVICES 755.85 101 65100 220 39635 CALSENSE 23948 5,626.38 LIBRARY--BOOKS AND MAPS 5,626.38 320 81100 129 39636 AMAZON 24070 190.80 LIBRARY--RECORDS AND CASSETT 35.99 101 67500 125 LIBRARY--BOOKS AND MAPS 154.81 101 67500 129 CITY OF BURLINGAME W A R R A N T R E G I S T E R PAGE 4 05/01/09 NUMBER NAME VENDOR DETAIL ACCOUNT AMOUNT Denotes Hand Written Checks 39609 BURTON'S FIRE, INC. 19366 3,639.91 FIRE APPARATUS MAINT. 3,597.57 201 65200 203 FIRE APPARATUS MAINT. 42.34 625 65213 203 39610 CAL-LINE EQUIPMENT INC 19697 318.25 EQUIPMENT MAINT. 37.06 101 68020200 2300 EQUIPMENT MAINT. 281.19 101 68020 200 2200 39611 DAPPER TIRE CO., INC. 20464 405.19 SUPPLIES 405.19 620 15000 39612 QUICK MIX CONCRETE 21140 428.26 MISC. SUPPLIES 428.26 101 66210 120 39613 CEB 21210 306.49 MISC. SUPPLIES 306.49 101 64350 120 39614 THYSSENKRUPP ELEVATOR-042 21240 2,630.00 CONTRACTUAL SERVICES 2,630.00 619 64460 220 5230 39615 ADI 21362 149.12 MISC. SUPPLIES 149.12 619 64460 120 5121 39616 CDW GOVERNMENT, INC. 21482 669.41 OFFICE EXPENSE 618.32 101 64250 110 MISCELLANEOUS 51.09 201 65200 132 39617 R&B COMPANY 22178 814.71 MISC. SUPPLIES 814.71 527 66520 120 39618 SLM DISTRIBUTING 22186 122.48 LIBRARY--RECORDS AND CASSETT 122.48 101 67500 125 39619 RANDY REBARBER 22444 90.00 CONTRACTUAL SERVICES 90.00 101 68010 220 1788 39620 CSG CONSULTANTS '.T 22465 6,710.00 PROFESSIONAL & SPECIALIZED S 6,710.00 528 66600 210 39621 VERIZON.WIRELESS 22593 181.25 COMMUNICATIONS 181.25 101 68020 160 2100 39622 TURF STAR 22682 669.78 EQUIPMENT MAINT. 669.78 101 68020 200 2200 39623 APPLIED MATERIALS AND ENGINEERIN 22742 1,640.00 CONTRACTUAL SERVICES 1,640.00 320 82370 220 C ( 1 CITY OF BURLINGAME W A R R A N T R E G I S T E R PAGE 3 05/01/09 NUMBER NAME VENDOR DETAIL ACCOUNT AMOUNT *' Denotes Hand Written Checks 39596 RECORDED BOOKS, LLC 16052 311.44 LIBRARY--RECORDS AND CASSETT 311.44 101 67500 125 39597 CUMMINS WEST, INC. 16414 15,369.41 CAPITAL EQUIPMENT 15,369.41 620 66700 800 39598 HILTON, FARNKOPF & HOBSON 16656 610.00 PROFESSIONAL & SPECIALIZED S 610.00 326 82300 210 39599 SHERWIN-WILLIAMS 17224 156.61 MISC. SUPPLIES 156.61 619 64460 120 5130 39600 I.C. FIRE 17566 174.80 FIRE APPARATUS MAINT. 174.80 201 65200 203 39601 CECIL H. WELLS JR & 18403 6,557.27 PROFESSIONAL & SPECIALIZED S 6,557.27 320 82370 210 39602 KLEINFELDER, INC 18684 3,132.16 PROFESSIONAL & SPECIALIZED S 3,132.16 528 66600 210 39603 PREFERRED ALLIANCE 19025 285.00 PERSONNEL EXAMINATIONS 285.00 101 64420 121 39604 PRUDENTIAL OVERALL SUPPLY 19027 413.05 CONTRACTUAL SERVICES 413.05 201 65200 220 39605 NOLO PRESS - OCCIDENTAL 19072 33.00 LIBRARY--BOOKS AND MAPS 33.00 101 67500 129 39606 LIEBERT CASSIDY WHITMORE 19095 140.00 TRAINING EXPENSE 14.00 101 64420 260 TRAINING EXPENSE 126.00 101 64420 262 39607 ARROWHEAD MOUNTAIN SPRING WATER 19330 406.22 OFFICE EXPENSE 66.71 101 67500 110 OFFICE EXPENSE 7.34 101 64200 110 OFFICE EXPENSE 29.44 101 64250 110 OFFICE EXPENSE 16.40 101 67500 110 MISC. SUPPLIES 7.34 101 64420 120 MISC. SUPPLIES 7.34 101 64150 120 MISC. SUPPLIES 7.34 101 64350 120 MISC. SUPPLIES 264.31 201 65200 111 39608 SAN MATEO COUNTY TIMES 19333 142.79 LIBRARY--PERIODICALS 142.79 101 67500 122 CITY OF BURLINGAME W A R R A N T R E G I S T E R PAGE 2 05/01/09 NUMBER NAME VENDOR DETAIL ACCOUNT AMOUNT *' Denotes Hand Written Checks 39583 BURLINGAME PUBLIC LIBRARY 09490 401.49 MISCELLANEOUS 123.35 101 36320 OFFICE EXPENSE 25.79 101 67500 110 MISC. SUPPLIES 82.98 101 67500 120 LIBRARY--RECORDS AND CASSETT 11.84 101 67500 125 LIBRARY--BOOKS AND MAPS 17.69 101 67500 129 COMMUNICATIONS -24.28 101 67500 160 BLDG. & GROUNDS MAINT. 4.60 101 67500 190 TRAVEL & MEETINGS 129.52 101 67500 250 TRAINING EXPENSE 30.00 101 67500 260 39584 ABAG - LIABILITY 09518 40,790.75 CLAIMS PAYMENTS 40,790.75 618 64520 601 39585 LEE STAMBOLIS 11361 90.00 CONTRACTUAL SERVICES 90.00 101 68010 220 1788 39586 THE ADAM-HILL COMPANY 11571 58.09 FIRE APPARATUS MAINT. 58.09 201 65200 203 39587 PAIGE COMPANY 14138 352.38 OFFICE EXPENSE 352.38 101 64200 110 39588 BLACKWELL'S BOOK SERVICE 14153 143.26 LIBRARY--BOOKS AND MAPS 143.26 101 67500 129 39589 SAN MATEO LOCK WORKS 14643 1,259.60 BLDG. & GROUNDS MAINT. 1,259.60 101 68020 190 2200 39590 DON E. GIOVANNETTI 15229 270.00 CONTRACTUAL SERVICES 270.00 101 68010 220 1788 39591 PARKIN SECURITY CONSULTANTS 15250 74.00 PERSONNEL EXAMINATIONS 74.00 101 64420 121 39592 ALL CITY MANAGEMENT 15595 2,401.75 CONTRACTUAL SERVICES 2,401.75 101 65100 220 39593 DAILY JOURNAL CORP. 15626 46.20 PUBLICATIONS & ADVERTISING 46.20 101 64200 150 39594 TIM OLENO 15629 180.00 CONTRACTUAL SERVICES 180.00 101 68010 220 1788 39595 MILLBRAE LOCK SHOP 15739 58.95 MISC. SUPPLIES 58.95 527 66520 120 1 CITY OF BURLINGAME W A R R A N T R E G I S T E R PAGE 1 05/01/09 NUMBER NAME VENDOR DETAIL ACCOUNT AMOUNT Denotes Hand Written Checks 39570 BAYSHORE INTERNATIONAL TRUCKS 01236 213.37 EQUIPMENT MAINT. 213.37 620 66700 200 39571 BRODART, INC. 01450 136.07 MISC. SUPPLIES 136.07 101 67500 120 39572 CALIFORNIA PARK & RECREATION 01726 140.00 DUES & SUBSCRIPTIONS 140.00 101 68010 240 1101 39573 FEDEX 02160 21.82 EQUIPMENT MAINT. 21.82 530 65400 200 39574 W.W. GRAINGER, INC. 02248 333.27 FIRE APPARATUS MAINT. 38.82 201 65200 203 MISC. SUPPLIES 11.42 619 64460 120 5140 MISC. SUPPLIES 186.95 619 64460 120 5120 MISC. SUPPLIES 17.28 619 64460 120 5240 MISC. SUPPLIES 9.97 619 64460 120 5140 SMALL TOOLS 68.83 619 64460 130 39575 IRVINE & JACHENS INC. 02599 71.98 UNIFORMS AND EQUIPMENT 71.98 530 65400 140 39576 PENINSULA BATTERIES 02625 149.34 MISC. SUPPLIES 93.94 619 64460 120 5273 MISC. SUPPLIES 47.00 619 64460 120 5121 SUPPLIES 8.40 620 15000 39577 P. G. & E. 03054 40,181.73 UTILITY EXPENSE 40,181.73 896 20280 39578 DON PLAGMANN 03172 90.00 CONTRACTUAL SERVICES 90.00 101 68010 220 1788 39579 ROSS RECREATION EQUIPMENT 03271 733.93 BLDG. & GROUNDS MAINT. 733.93 101 68020 190 2200 39580 BAY AREA WATER SUPPLY 03361 16,058.00 DUES & SUBSCRIPTIONS 16,058.00 526 69020 240 39581 TIMBERLINE TREE SERVICE, INC. 03760 9,291.34 CONTRACTUAL SERVICES 9,291.34 101 68020 220 2300 39582 TURF & INDUSTRIAL EQUIPMENT CO. 09319 181.07 EQUIPMENT MAINT. 181.07 101 68020 200 2200 CITY OF BURLINGAME 04-23-2009 W A R R A N T R E G I S T E R PAGE 16 FUND RECAP 08-09 NAME FUND AMOUNT GENERAL FUND 101 73,034.17 PAYROLL REVOLVING FUND 130 10,786.22 CENTRAL COUNTY FIRE 201 42,418.06 CAPITAL IMPROVEMENTS FUND 320 139,852.85 WATER CAPITAL PROJECT FUND 326 55,916.06 SEWER CAPITAL PROJECT FUND 327 178,944.67 WATER FUND 526 68,615.82 SEWER FUND 527 237,748.87 SOLID WASTE FUND 528 51.75 PARKING ENTERPRISE FUND 530 2,963.86 BUILDING ENTERPRISE FUND 531 25,143.49 SELF INSURANCE FUND 618 17,839.68 FACILITIES SERVICES FUND 619 20,375.53 EQUIPMENT SERVICES FUND 620 3,161.47 INFORMATION SERVICES FUND 621 133.67 FIRE MECHANIC SERVICES FUND 625 5.36 TRUST AND AGENCY FUND 731 165,478.09 BURLINGAME TRAIN SHUTTLE PROGRAM 736 24,305.26 PUBLIC TV ACCESS FUND 738 975.00 UTILITY REVOLVING FUND 896 13,957.19 TOTAL FOR APPROVAL $1,081,707.07 HONORABLE MAYOR AND CITY COUNCIL: THIS IS TO CERTIFY THAT THE CLAIMS LISTED ON PAGES NUMBERED FROM 1 THROUGH 16 INCLUSIVE, AND/OR CLAIMS NUMBERED FROM 39363 THROUGH 39569 INCLUSIVE,TOTALING IN THE AMOUNT OF $1,081,707.07, HAVE BEEN CHECKED IN DETAIL AND APPROVED BY THE PROPER OFFICIALS, AND IN MY OPINION REPRESENT FAIR AND JUST CHARGES AGAINST THE CITY IN ACCORDANCE WITH THEIR RESPECTIVE AMOUNTS AS INDICATED THEREON. RESPECTFULLY SUBMITTED, .................................... .../.../... FINANCE DIRECTOR DATE APPROVED FOR PAYMENT .................................... .../.../... COUNCIL DATE CITY OF BURLINGAME W A R R A N T R E G I S T E R PAGE 15 04/23/09 NUMBER NAME VENDOR DETAIL ACCOUNT AMOUNT *' Denotes Hand Written Checks 39559 MALEA BONK 29448 50.00 MISCELLANEOUS 50.00 101 22593 39560 SARAH FARRELL 29449 61.00 MISCELLANEOUS 61.00 101 36330 000 1646 39561 GUY YALIF 29450 61.00 MISCELLANEOUS 61.00 101 36330 000 1647 39562 WEST GOVERNMENT SERVICES 29451 250.00 CONTRACTUAL SERVICES 250.00 101 65100 220 39563 DOUG TOZZINI 29452 300.00 MISCELLANEOUS 300.00 731 22554 39564 XEROX CORPORATION 29453 173.71 OFFICE EXPENSE 173.71 526 69020 110 39565 DAN BOYLE 29454 300.00 MISCELLANEOUS 300.00 731 22554 39566 BAYSPORT PREVENTATIVE MEDICAL GR 29455 9,905.00 MISCELLANEOUS 9,905.00 201 65200 264 39567 NICOLE ACQUISTI 29456 900.00 CONTRACTUAL SERVICES 900.00 101 68010 220 1891 39568 DEREK CULLIGAN 29457 300.00 MISCELLANEOUS 300.00 101 22593 39569 PROTECT BURLINGAME 29458 50.00 MISCELLANEOUS 50.00 101 22593 TOTAL $1,081,707.07 CITY OF BURLINGAME W A R R A N T R E G I S T E R PAGE 14 04/23/09 NUMBER NAME VENDOR DETAIL ACCOUNT AMOUNT *' Denotes Hand Written Checks 39543 AMY JOHNSTONE 29432 73.00 MISCELLANEOUS 73.00 101 36330 000 1782 39544 SONNY W. LIM 29433 36.50 MISCELLANEOUS 36.50 101 36330 000 1782 39545 JANET MCCREA 29434 36.50 MISCELLANEOUS 36.50 101 36330 000 1782 39546 JENNIFER MIR 29435 36.50 MISCELLANEOUS 36.50 101 36330 000 1782 39547 EVE SALTMAN 29436 36.50 MISCELLANEOUS 36.50 101 36330 000 1782 39548 CINDA MCCREADY 29437 16.25 MISCELLANEOUS 16.25 101 36330 000 1782 39549 JULIE GRAHAM 29438 36.50 MISCELLANEOUS 36.50 101 36330 000 1782 39550 MR. BRIAN WACHHORST 29439 73.00 MISCELLANEOUS 73.00 101 36330 000 1782 39551 KYOKO YAMOMOTO 29440 73.00 MISCELLANEOUS 73.00 101 36330 000 1782 39552 PERRY MIZOTA 29441 20.00 MISCELLANEOUS 20.00 101 36330 000 1372 39553 CAROLE VELA 29442 36.00 MISCELLANEOUS 36.00 101 36330 000 1521 39554 EDWARD KWUAN 29443 97.00 MISCELLANEOUS 97.00 101 36330 000 1349 39555 LINDSAY RANII 29444 100.00 MISCELLANEOUS 100.00 101 22593 39556 MARYOUM P. SANDOVAL 29445 100.00 MISCELLANEOUS 100.00 101 22593 39557 JENNIFER TAM 29446 75.00 MISCELLANEOUS 75.00 101 22593 39558 KANA YANG 29447 75.00 MISCELLANEOUS 75.00 101 22593 1 1 ) 1 CITY OF BURLINGAME W A R R A N T R E G I S T E R PAGE 13 04/23/09 NUMBER NAME VENDOR DETAIL ACCOUNT AMOUNT Denotes Hand Written Checks 39527 MALA ANAND 29402 117.00 MISCELLANEOUS 117.00 101 36330 000 1331 39528 BIRGUL POLAT 29403 101.00 MISCELLANEOUS 101.00 101 36330 000 1331 39529 LUCY DEANDA 29404 101.00 MISCELLANEOUS 101.00 101 36330 000 1331 39530 JENNIFER LIEBHABER 29406 97.00 MISCELLANEOUS 97.00 101 36330 000 1782 39531 SCOTT KENISON 29407 322.00 MISCELLANEOUS 322.00 101 36330 000 1349 39532 CATHERINE RIGGS 29408 53.00 MISCELLANEOUS 53.00 101 36330 000 1647 39533 CARIAD & MAX THRONSON 29409 53.00 MISCELLANEOUS 53.00 101 36330 000 1647 39534 SYLVIA WEILER 29410 88.00 MISCELLANEOUS 88.00 101 36330 000 1331 39535 LARRY KLAPON 29411 100.00 MISCELLANEOUS 100.00 101 22593 39536 GIVE SOMETHING BACK 29412 101.37 OFFICE EXPENSE 101.37 101 68010 110 1101 39537 SHIORI BETZLER 29426 36.50 MISCELLANEOUS 36.50 101 36330 000 1782 39538 DIANE TACKABERRY 29427 36.50 MISCELLANEOUS 36.50 101 36330 000 1782 39539 MEI CHEN 29428 36.50 MISCELLANEOUS 36.50 101 36330 000 1782 39540 ROBIN EDMONDSON 29429 36.50 MISCELLANEOUS 36.50 101 36330 000 1782 39541 JENNIFER JOHNSON 29430 73.00 MISCELLANEOUS 73.00 101 36330 000 1782 39542 ILA KRIPLANI 29431 36.50 MISCELLANEOUS 36.50 101 36330 000 1782 CITY OF BURLINGAME W A R R A N T R E G I S T E R PAGE 12 04/23/09 NUMBER NAME VENDOR DETAIL ACCOUNT AMOUNT Denotes Hand Written Checks 39516 PACIFIC MAINTENANCE COMPANY 29145 14,205.21 CONTRACTUAL SERVICES 135.01 619 64460 220 5230 CONTRACTUAL SERVICES 166.32 619 64460 220 5210 CONTRACTUAL SERVICES 1,229.60 619 64460 220 5130 CONTRACTUAL SERVICES 380.02 619 64460 220 5170 CONTRACTUAL SERVICES 1,792.07 619 64460 220 5190 CONTRACTUAL SERVICES 450.02 619 64460 220 5210 CONTRACTUAL SERVICES 1,372.08 619 64460 220 5120 CONTRACTUAL SERVICES 1,858.08 619 64460 220 5110 CONTRACTUAL SERVICES 261.60 619 64460 220 5240 CONTRACTUAL SERVICES 62.10 619 64460 220 5121 CONTRACTUAL SERVICES 3,681.14 619 64460 220 5180 CONTRACTUAL SERVICES 244.62 619 64460 220 5130 CONTRACTUAL SERVICES 267.02 619 64460 220 5121 CONTRACTUAL SERVICES 854.07 619 64460 220 5180 CONTRACTUAL SERVICES 554.15 619 64460 220 5190 CONTRACTUAL SERVICES 752.05 619 64460 220 5240 CONTRACTUAL SERVICES 145.26 619 64460 220 5110 39517 HEIDI VARIAN 29173 60.00 CONTRACTUAL SERVICES 60.00 101 68010 220 1349 39518 JOSH ELLINGTON 29282 300.00 MISCELLANEOUS 300.00 731 22554 39519 AT&T 29312 11,361.39 UTILITY EXPENSE 11,361.39 896 20281 39520 MARILYN FUERTES 29320 58.00 MISCELLANEOUS 58.00 101 36330 000 1647 39521 WHITE CAP CONSTRUCTION 29369 2,336.79 CAPITAL EQUIPMENT 2,336.79 526 69020 800 39522 CRAIG SUHL 29389 1,025.00 MISCELLANEOUS 1,025.00 531 22546 39523 NAOMI PETRUSHKA 29398 101.00 MISCELLANEOUS 101.00 101 36330 000 1349 39524 ROY & BIRGIT KIESLING 29399 100.00 MISCELLANEOUS 100.00 101 36330 000 1349 39525 TIM & SHANNON DURNIN 29400 101.00 MISCELLANEOUS 101.00 101 36330 000 1349 39526 LISA K BORGESON 29401 101.00 MISCELLANEOUS 101.00 101 36330 000 1349 1 CITY OF BURLINGAME W A R R A N T R E G I S T E R PAGE 11 04/23/09 NUMBER NAME VENDOR DETAIL ACCOUNT AMOUNT *' Denotes Hand Written Checks 39501 VICTORIA PAREDES 28416 50.00 MISCELLANEOUS 50.00 101 22593 39502 CHRISTINE TEHLIRIAN 28511 44.50 MISCELLANEOUS 44.50 101 36330 000 1782 39503 NANCY STIRM 28581 564.00 CONTRACTUAL SERVICES 564.00 101 68010 220 1644 39504 GREGORY CHOW 28634 61.00 MISCELLANEOUS 61.00 101 36330 000 1646 39505 METROPOLITAN PLANNING GROUP 28717 3,225.00 PROFESSIONAL & SPECIALIZED S 3,225.00 101 64400 210 39506 SUSAN PRICE 28781 75.00 MISCELLANEOUS 75.00 101 22593 39507 FANG FANG 28793 36.50 MISCELLANEOUS 36.50 101 36330 000 1782 39508 BAY AREA NEWS GROUP 28800 73.70 MISC. SUPPLIES 73.70 101 64400 120 39509 BONNNIE BOHN 28964 88.00 MISCELLANEOUS 88.00 101 36330 000 1331 39510 JENNIFER IDEMA 28983 36.50 MISCELLANEOUS 36.50 101 36330 000 1782 39511 FINOLA MULDOWNEY 29002 101.00 MISCELLANEOUS 101.00 101 36330 000 1349 39512 ALMA MEZA 29003 75.00 MISCELLANEOUS 75.00 101 22593 39513 ANGELUS VIERNES HULLFISH 29019 161.00 MISCELLANEOUS 161.00 101 36330 000 1349 39514 FLYING COLORS USA LLC 29048 8,318.45 PROFESSIONAL & SPECIALIZED S 8,318.45 320 82210 210 39515 JEN SANTOS 29116 100.00 MISCELLANEOUS 100.00 101 22593 CITY OF BURLINGAME W A R R A N T R E G I S T E R PAGE 10 04/23/09 NUMBER NAME VENDOR DETAIL ACCOUNT AMOUNT Denotes Hand Written Checks 39485 MATTED FERRARI 27885 886.00 MISCELLANEOUS 886.00 531 22546 39486 DANIELLE LEGEAR 27893 101.00 MISCELLANEOUS 101.00 101 36330 000 1349 39487 CDPH-OCP 27933 80.00 DUES & SUBSCRIPTIONS 80.00 526 69020 240 39488 A+ SPANISH ACADEMY 27960 60.00 CONTRACTUAL SERVICES 60.00 101 68010 220 1349 39489 R&S ERECTION NORTH PENINSULA 27969 254.00 PROFESSIONAL & SPECIALIZED S 254.00 619 64460 210 5140 39490 ADVANCED INFRASTRUCTURE TECHNOLO 28004 1,287.48 MISC. SUPPLIES 1,287.48 527 66520 120 39491 INTERSTATE TOWING 28053 1,098.00 POLICE INVESTIGATION EXPENSE 1,098.00 101 65100 292 39492 LYNNE VITERO 28082 221.00 CONTRACTUAL SERVICES 221.00 101 68010 220 1349 39493 ED LANDRY 28094 3,000.00 MISCELLANEOUS 3,000.00 531 22546 39494 GRANICUS, INC 28105 975.00 CONTRACTUAL SERVICES 975.00 738 64580 220 39495 AT&T MOBILITY 28132 192.48 MISCELLANEOUS 192.48 731 22554 39496 ALL INDUSTRIAL ELECTRIC SUPPLY 28171 1,342.49 MISC. SUPPLIES 346.35 527 66520 120 MISC. SUPPLIES 996.14 619 64460 120 5250 39497 KAREN STEVENS 28309 36.50 MISCELLANEOUS 36.50 101 36330 000 1782 39498 MICHELLE HURIN 28337 101.00 MISCELLANEOUS 101.00 101 36330 000 1349 39499 WASHINGTON DADS CLUB 28382 500.00 MISCELLANEOUS 500.00 101 22593 39500 YANG MIN YANG 28390 7,677.00 MISCELLANEOUS 7,677.00 531 22546 1 I CITY OF BURLINGAME W A R R A N T R E G I S T E R PAGE 9 04/23/09 NUMBER NAME VENDOR DETAIL ACCOUNT AMOUNT *' Denotes Hand Written Checks 39470 SKYLINE BUSINESS PRODUCTS 26825 672.44 OFFICE EXPENSE 225.18 101 66210 110 OFFICE EXPENSE 16.79 101 64150 110 OFFICE EXPENSE 9.22 101 66210 110 OFFICE EXPENSE 421.25 526 69020 110 39471 LISA TAI 26920 97.00 MISCELLANEOUS 97.00 101 36330 000 1349 39472 SUNNY WONG 26959 36.50 MISCELLANEOUS 36.50 101 36330 000 1782 39473 DEBORAH LEON 27043 1,950.00 MISCELLANEOUS 1,950.00 531 22546 39474 WAYMEN LEE 27073 600.00 DEPOSIT REFUNDS 600.00 101 22520 39475 SAN MATEO COUNTY PUBLIC SAFETY C 27112 1,643.40 COMMUNICATIONS 1,643.40 201 65200 160 39476 RITA HOWARD 27229 73.00 MISCELLANEOUS 73.00 101 36330 000 1782 39477 PUTNAM CHEVROLET CADILLAC HUMMER 27245 531.97 SUPPLIES 531.97 620 15000 39478 MEAGHAN SCHAEFER 27342 36.50 MISCELLANEOUS 36.50 101 36330 000 1782 39479 DAVID GONZALEZ 27372 204.00 CONTRACTUAL SERVICES 204.00 101 68010 220 1644 39480 LOOMIS 27594 2,683.04 BANKING SERVICE FEES 500.00 101 64250 120 MISC. SUPPLIES 2,183.04 530 65400 120 39481 AT&T MOBILITY 27715 61.64 COMMUNICATIONS 61.64 531 65300 160 39482 GROENIGER & CO. 27811 2,212.86 MISC. SUPPLIES 2,212.86 527 66520 120 39483 PAMELA K HELLER 27864 36.50 MISCELLANEOUS 36.50 101 36330 000 1782 39484 RICHARD MURRAY 27882 3,000.00 MISCELLANEOUS 3,000.00 531 22546 CITY OF BURLINGAME W A R R A N T R E G I S T E R PAGE 8 04/23/09 NUMBER NAME VENDOR DETAIL ACCOUNT AMOUNT *' Denotes Hand Written Checks 39456 MERCY MARTIN 25270 987.00 CONTRACTUAL SERVICES 987.00 101 68010 220 1661 39457 BARBARA MOORE 25462 36.50 MISCELLANEOUS 36.50 101 36330 000 1782 39458 LARISA YAGLONITSER 25517 120.00 CONTRACTUAL SERVICES 120.00 101 68010 220 1349 39459 DAVID PARRY 25585 641.00 MISCELLANEOUS 501.00 101 36330 000 1890 MISCELLANEOUS 140.00 101 36330 000 1372 39460 WELLS FARGO FINANCIAL LEASING 25820 154.63 RENTS & LEASES 154.63 526 69020 180 39461 KIRA SASAKI 25872 36.50 MISCELLANEOUS 36.50 101 36330 000 1782 39462 VICKI FRIEDBERG 25946 20.00 MISCELLANEOUS 20.00 101 36330 000 1349 39463 FEDEX KINKO'S 26021 43.85 MISC. SUPPLIES 43.85 531 65300 120 39464 LANCE BAYER 26156 1,000.00 PROFESSIONAL & SPECIALIZED S 1,000.00 101 64350 210 39465 J.P. COOKE CO. 26207 16.44 OFFICE EXPENSE 16.44 101 64420 110 39466 MORI CONSULTANTS 26516 600.00 CONTRACTUAL SERVICES 600.00 320 79160 220 39467 UNITED COMFORT SOLUTIONS INC 26639 848.00 CONTRACTUAL SERVICES 848.00 527 66520 220 39468 ALL CHEMICAL DISPOSAL INC 26806 225.00 SUPPLIES 225.00 201 65200 112 39469 AMERICAN MESSAGING 26822 119.74 COMMUNICATIONS 119.74 526 69020 160 ' CITY OF BURLINGAME W A R R A N T R E G I S T E R PAGE 7 04/23/09 NUMBER NAME VENDOR DETAIL ACCOUNT AMOUNT *' Denotes Hand Written Checks 39443 DEWEY SERVICES, INC. 23902 580.00 CONTRACTUAL SERVICES 70.00 619 64460 220 5180 CONTRACTUAL SERVICES 220.00 619 64460 220 5110 CONTRACTUAL SERVICES 55.00 619 64460 220 5170 CONTRACTUAL SERVICES 55.00 619 64460 220 5130 CONTRACTUAL SERVICES 70.00 619 64460 220 5120 CONTRACTUAL SERVICES 55.00 619 64460 220 5160 CONTRACTUAL SERVICES 55.00 619 64460 220 5150 39444 DEPARTMENT OF JUSTICE 23905 1,785.00 MISCELLANEOUS 1,785.00 101 23620 39445 K.J. WOODS CONSTRUCTION INC 24058 179,137.42 CONTRACTUAL SERVICES 177,637.42 327 81800 220 MISCELLANEOUS 1,500.00 526 22502 39446 CHRISTINE GRANUCCI 24197 1,661.50 TRAINING EXPENSE 1,661.50 101 64420 262 39447 MAYBELLE PINSON 24419 208.13 CONTRACTUAL SERVICES 208.13 101 68010 220 1644 39448 METCALF & EDDY INC 24445 42,598.56 CONTRACTUAL SERVICES 42,598.56 326 80910 220 39449 IMEDD INCORPORATED 24550 50.00 TRAINING EXPENSE 50.00 201 65200 260 39450 GOLDEN STATE FLOW MEASUREMENT IN 24696 49,979.03 CONTRACTUAL SERVICES 49,979.03 526 69020 220 39451 DELTA DENTAL PLAN OF CALIFORNIA 24793 10,786.22 EMPLOYEE BENEFITS 10,786.22 130 20014 39452 LANGUAGE LINE SERVICES 24815 47.94 CONTRACTUAL SERVICES 47.94 101 65150 220 39453 CASEY PERA 24829 650.00 TRAINING EXPENSE 650.00 201 65200 260 39454 S AND S SUPPLIES & SOLUTIONS 24963 61.79 SMALL TOOLS 61.79 526 69020 130 39455 JAKE PELK 25236 1,612.47 TRAINING EXPENSE 1,612.47 201 65200 260 CITY OF BURLINGAME W A R R A N T R E G I S T E R PAGE 6 04/23/09 NUMBER NAME VENDOR DETAIL ACCOUNT AMOUNT *' Denotes Hand Written Checks 39431 SAN MATEO DAILY JOURNAL 22804 160.00 MISCELLANEOUS 160.00 526 69020 233 39432 ATHENS ADMINISTRATORS 22851 9,758.00 CLAIMS ADJUSTING SERVICES 9,758.00 618 64520 225 39433 PENINSULA UNIFORM & EQUIPMENT 22899 1,858.24 UNIFORMS AND EQUIPMENT 1,174.96 101 65100 140 UNIFORMS AND EQUIPMENT 10.00 101 65150 140 UNIFORMS AND EQUIPMENT 312.46 101 65100 140 UNIFORMS AND EQUIPMENT 360.82 530 65400 140 39434 BAY CONSTRUCTION SERVICES 22968 7,500.00 MISCELLANEOUS 7,500.00 531 22546 39435 CPS 23005 375.50 PERSONNEL EXAMINATIONS 375.50 101 64420 121 39436 TLC ADMINISTRATORS 23156 175.00 MISCELLANEOUS 175.00 101 64420 031 39437 CRAIG DILL 23171 777.00 TRAINING EXPENSE 388.50 526 69020 260 TRAINING EXPENSE 388.50 527 66520 260 39438 CYBERNET CONSULTING, INC. 23234 5,392.50 PROFESSIONAL & SPECIALIZED S 5,392.50 326 80910 210 39439 OFFICE MAX 23306 698.26 OFFICE EXPENSE 448.55 101 66100 110 OFFICE EXPENSE 287.40 101 68010 110 1101 OFFICE EXPENSE 72.57 101 64200 110 OFFICE EXPENSE -110.26 101 68010 110 1101 39440 DATASAFE 23410 316.12 OFFICE EXPENSE 107.45 101 64200 110 OFFICE EXPENSE 47.50 101 64420 110 OFFICE EXPENSE 161.17 101 66100 110 39441 MILLS PENINSULA EMERGENCY MED,IN 23548 694.40 PROFESSIONAL & SPECIALIZED S 694.40 101 64420 210 39442 REFRIGERATION SUPPLIES DISTRIBUT 23639 100.00 TRAINING EXPENSE 100.00 619 64460 260 1 1 1 CITY OF BURLINGAME W A R R A N T R E G I S T E R PAGE 5 04/23/09 NUMBER NAME VENDOR DETAIL ACCOUNT AMOUNT *' Denotes Hand Written Checks 39417 JACK VAN ETTEN 21171 412.20 MISCELLANEOUS 412.20 101 65100 031 39418 THYSSENKRUPP ELEVATOR-042 21240 3,675.00 PROFESSIONAL & SPECIALIZED S 735.00 619 64460 210 5230 PROFESSIONAL & SPECIALIZED S 735.00 619 64460 210 5110 PROFESSIONAL & SPECIALIZED S 1,470.00 619 64460 210 5120 PROFESSIONAL & SPECIALIZED S 735.00 619 64460 210 5130 39419 COW GOVERNMENT, INC. 21482 95.74 OFFICE EXPENSE 38.31 101 64200 110 MISC. SUPPLIES 57.43 101 64400 120 39420 CHUCK WITT 21491 2,000.00 TRAINING EXPENSE 2,000.00 101 64420 262 39421 DU-ALL SAFETY 21613 125.00 TRAINING EXPENSE 125.00 101 68020 260 39422 HILLYARD/SAN FRANCISCO 21658 460.78 EQUIPMENT MAINT. 460.78 101 68020 200 2200 39423 TURBO DATA SYSTEMS, INC. 21767 6,696.79 MISCELLANEOUS 6,696.79 101 37010 39424 IEDA 21981 3,046.28 PROFESSIONAL & SPECIALIZED S 3,046.28 101 64420 210 39425 ROBERT BOLL 22023 684.54 TRAINING EXPENSE 684.54 101 65100 260 39426 R&B COMPANY 22178 7,295.85 MISC. SUPPLIES 5,642.45 526 69020 120 MISC. SUPPLIES 1,653.40 527 66520 120 39427 TECHNOLOGY,ENGINEERING & CONSTRU 22435 200.00 GAS, OIL & GREASE 200.00 101 65100 201 39428 PARKING COMPANY OF AMERICA 22500 24,305.26 CONTRACTUAL SERVICES 8,370.56 736 64572 220 CONTRACTUAL SERVICES 15,934.70 736 64571 220 39429 SAN MATEO REGIONAL NETWORK, INC. 22759 435.00 UTILITY EXPENSE 435.00 896 20280 39430 BURLINGAME FAMILY PET HOSPITAL 22773 111.00 MISC. SUPPLIES 111.00 101 65100 120 CITY OF BURLINGAME W A R R A N T R E G I S T E R PAGE 4 04/23/09 NUMBER NAME VENDOR DETAIL ACCOUNT AMOUNT �* Denotes Hand Written Checks 39404 PREFERRED ALLIANCE 19025 1,425.20 PERSONNEL EXAMINATIONS 712.60 101 64420 121 TRAINING EXPENSE 712.60 527 66520 260 39405 PRUDENTIAL OVERALL SUPPLY 19027 1,432.30 UNIFORMS AND EQUIPMENT 282.21 101 66210 140 UNIFORMS AND EQUIPMENT 399.68 526 69020 140 UNIFORMS AND EQUIPMENT 282.16 527 66520 140 UNIFORMS AND EQUIPMENT 51.75 528 66600 140 UNIFORMS AND EQUIPMENT 137.25 619 64460 140 UNIFORMS AND EQUIPMENT 279.25 620 66700 140 39406 ARROWHEAD MOUNTAIN SPRING WATER 19330 293.79 MISC. SUPPLIES 104.60 201 65200 111 MISC. SUPPLIES 55.52 526 69020 120 OFFICE EXPENSE 133.67 621 64450 110 39407 CASEY CONSTRUCTION CO. 19820 129,905.00 MISCELLANEOUS -14,434.00 320 20005 PROFESSIONAL & SPECIALIZED S 144,339.00 320 82200 210 39408 UTILITY AERIAL INC 19990 910.59 EQUIPMENT MAINT. 910.59 101 68020 200 2300 39409 OFFICER JEFF DOWNS 20209 568.41 TRAINING EXPENSE 568.41 101 65100 260 39410 GE CAPITAL 20216 369.54 CONTRACTUAL SERVICES 277.16 101 68010 220 1101 CONTRACTUAL SERVICES 92.38 101 68020 220 2100 39411 RACQUET SMITH 20339 876.00 CONTRACTUAL SERVICES 876.00 101 68010 220 1782 39412 LYNX TECHNOLOGIES 20501 6,175.00 PROFESSIONAL & SPECIALIZED S 6,175.00 326 75170 210 39413 PBS&J 20526 420.00 PROFESSIONAL & SPECIALIZED S 420.00 530 65400 210 39414 BURLINGAME LIB. FOUNDATION 20561 2,166.26 MISCELLANEOUS 2,166.26 731 22551 39415 PACIFIC COAST TRANE SERVICE 20818 325.00 TRAINING EXPENSE 325.00 619 64460 260 39416 QUICK MIX CONCRETE 21140 641.08 MISC. SUPPLIES 641.08 101 66210 120 CITY OF BURLINGAME W A R R A N T R E G I S T E R PAGE 3 04/23/09 NUMBER NAME VENDOR DETAIL ACCOUNT AMOUNT Denotes Hand Written Checks 39391 STATE BOARD OF EQUALIZATION 11707 819.00 OFFICE EXPENSE 20.00 101 67500 110 MISC. SUPPLIES 236.00 101 67500 120 LIBRARY--RECORDS AND CASSETT 438.00 101 67500 125 LIBRARY--BOOKS AND MAPS 92.00 101 67500 129 BLDG. & GROUNDS MAINT. 6.00 101 67500 190 LIBRARY EXPENSES 27.00 731 22531 39392 RADIOSHACK CORPORATION 11749 175.11 MISC. SUPPLIES 175.11 526 69020 120 39393 BURLINGAME POLICE DEPT 13720 3,755.01 MISC. SUPPLIES 272.58 101 65150 120 COMMUNICATIONS 120.00 101 65100 160 TRAINING EXPENSE 680.75 101 65150 260 TRAINING EXPENSE 2,648.37 101 65100 260 POLICE INVESTIGATION EXPENSE 33.31 101 65100 292 39394 BURLINGAME LIBRARY 14228 192.00 MISCELLANEOUS 192.00 731 22552 39395 PENINSULA SPORTS OFFICIALS 15711 1,144.00 CONTRACTUAL SERVICES 1,144.00 101 68010 220 1787 39396 LINDA HOECK 16390 770.00 CONTRACTUAL SERVICES 770.00 101 68010 220 1349 39397 BROADWAY BUSINESS 16849 1,125.00 MISCELLANEOUS 1,125.00 731 22555 39398 CINTAS CORP. #464 16911 663.52 UNIFORMS AND EQUIPMENT 663.52 101 68020 140 2100 39399 PENINSULA DIGITAL IMAGING 17534 1,029.40 MISC. SUPPLIES 1,029.40 320 82020 120 39400 LEE & ASSOCIATES 17568 158.81 SMALL TOOLS 158.81 201 65200 130 39401 LOCAL GOVERNMENT PUBLICATIONS 18389 119.56 MISC. SUPPLIES 119.56 101 64350 120 39402 DEAN'S AUTO BODY & 18795 3,098.31 MISCELLANEOUS 3,098.31 618 64520 604 39403 ACCESS UNIFORMS & EMBROIDERY 18990 1,121.32 TRAINING EXPENSE 1,121.32 527 66520 260 CITY OF BURLINGAME W A R R A N T R E G I S T E R PAGE 2 04/23/09 NUMBER NAME VENDOR DETAIL ACCOUNT AMOUNT Denotes Hand Written Checks 39375 SAN MATEO COUNTY CONVENTION & 03431 123,187.48 MISCELLANEOUS 123,187.48 731 22587 39376 SAN MATEO UNION HIGH 03471 14,159.81 SCHOOL DEVELOPMENT FEE 14,159.81 731 22562 39377 TIMBERLINE TREE SERVICE, INC. 03760 10,838.85 CONTRACTUAL SERVICES 10,838.85 101 68020 220 2300 39378 WEST GROUP PAYMENT CTR. 03964 918.61 PROFESSIONAL & SPECIALIZED S 918.61 101 64350 210 39379 ROY BRYSON 04123 684.54 TRAINING EXPENSE 684.54 101 65100 260 39380 JEAN BUCKS 09019 501.00 CONTRACTUAL SERVICES 501.00 101 68010 220 1644 39381 MUFFIE CALBREATH 09125 484.50 CONTRACTUAL SERVICES 484.50 101 68010 220 1891 39382 CITY OF MILLBRAE 09234 27,000.00 CONTRACTUAL SERVICES 27,000.00 201 65200 220 39383 TESTING ENGINEERS, INC. 09270 1,307.25 PROFESSIONAL & SPECIALIZED S 1,307.25 327 81800 210 39384 SAN MATEO COUNTY SHERIFF'S OFC. 09433 215.00 PRISONER EXPENSE 215.00 101 65100 291 39385 ABAG - LIABILITY 09518 4,983.37 PROFESSIONAL & SPECIALIZED S 3,066.94 618 64520 210 CLAIMS PAYMENTS 1,916.43 618 64520 601 39386 OLE'S 09626 399.31 SUPPLIES 399.31 620 15000 39387 DARYL D JONES INC 10101 491.00 CONTRACTUAL SERVICES 491.00 201 65200 220 39388 MEYERS, NAVE, RIBACK, SILVER 11101 524.60 PROFESSIONAL & SPECIALIZED S 524.60 101 64350 210 39389 ROMEO PACKING CO 11348 2,622.00 MISC. SUPPLIES 2,622.00 101 68020 120 2200 - - - 1,514.97 39390 WECO INDUSTRIES, INC. 11640 MISC. SUPPLIES 1,514.97 527 66520 120 1 ) CITY OF BURLINGAME PAGE 1 W A R R A N T R E G I S T E R 04/23/09 NUMBER NAME VENDOR DETAIL ACCOUNT AMOUNT �* Denotes Hand Written Checks 25,278.06 39363 BURLINGAME ELEM. SCHOOL DIST. 01500 1,750.00 326 80910 120 MISC. SUPPLIES 23,528.06 731 22563 SCHOOL DEVELOPMENT FEE 01507 2,676.69 39364 BURLINGAME AUTO SUPPLY 140.70 101 68020 200 2200 EQUIPMENT MAINT. 259.51 201 65200 201 GAS, OIL & GREASE 49,47 201 65200 202 VEHICLE MAINT. 268.80 201 65200 203 FIRE APPARATUS MAINT. 1.91 619 64460 120 5180 MISC. SUPPLIES 1,950.94 620 15000 SUPPLIES 5.36 625 65213 203 FIRE APPARATUS MAINT. 02110 227,371.00 39365 VEOLIA WATER 227,371.00 527 66530 220 CONTRACTUAL SERVICES 255.95 39366 EWING IRRIGATION PRODUCTS 02157 255.95 101 68020 192 2200 MISCELLANEOUS 02184 1,939.36 39367 WATER/FINANCE PETTY CASH 1,939.36 896 20282 MISCELLANEOUS 1,294.01 39368 W.W. GRAINGER, INC. 02248 TRAINING EXPENSE 1,038.26 101 68020 260 2200 MISC. SUPPLIES 139.29 526 69020 120 15.44 526 69020 130 SMALL TOOLS 101.02 619 64460 120 MISC. SUPPLIES 1,210.90 39369 GRANITE ROCK COMPANY 02261 1,210.90 101 66210 226 STREET RESURFACING EXPENSE 03054 1,209.39 39370 P. G. & E. 14.39 101 66100 170 GAS & ELECTRIC 1,184.77 101 68010 170 1286 GAS & ELECTRIC 10.23 527 66520 170 GAS & ELECTRIC 03080 221.44 39371 AT&T 221.44 896 20281 UTILITY EXPENSE 6,812.89 39372 PUMP REPAIR SERVICE CO. 03197 P 6,812.89 526 69020 230 UMP EQUIPMENT REPAIR 1,748.45 39373 CITY OF SAN MATEO 03366 CONTRACTUAL SERVICES 1,748.45 101 66100 220 1,752.08 39374 INFORMATION SERVICES DEPT. 03378 11752.08 101 65150 220 CONTRACTUAL SERVICES CITY OF BURLINGAME 04-17-2009 W A R R A N T R E G I S T E R PAGE 13 FUND RECAP 08-09 NAME FUND AMOUNT GENERAL FUND 101 69,294.33 PAYROLL REVOLVING FUND 130 8,765.70 CENTRAL COUNTY FIRE 201 4,749.94 CAPITAL IMPROVEMENTS FUND 320 16,477.49 WATER CAPITAL PROJECT FUND 326 127,207.73 SEWER CAPITAL PROJECT FUND 327 273,647.56 WATER FUND 526 178,547.50 SEWER FUND 527 -20,191.19 PARKING ENTERPRISE FUND 530 2,140.60 BUILDING ENTERPRISE FUND 531 18,971.51 FACILITIES SERVICES FUND 619 1,552.37 EQUIPMENT SERVICES FUND 620 3,670.28 INFORMATION SERVICES FUND 621 38,302.85 OTHER LOCAL GRANTS/DONATIONS 730 2,852.75 TRUST AND AGENCY FUND 731 31,910.17 BURLINGAME TRAIN SHUTTLE PROGRAM 736 2,080.02 UTILITY REVOLVING FUND 896 40,717.37 TOTAL FOR APPROVAL $800,696.98 HONORABLE MAYOR AND CITY COUNCIL: THIS IS TO CERTIFY THAT THE CLAIMS LISTED ON PAGES NUMBERED FROM 1 THROUGH 13 INCLUSIVE, AND/OR CLAIMS NUMBERED FROM 39210 THROUGH 39362 INCLUSIVE,TOTALING IN THE AMOUNT OF $800,696.98, HAVE BEEN CHECKED IN DETAIL AND APPROVED BY THE PROPER OFFICIALS, AND IN MY OPINION REPRESENT FAIR AND JUST CHARGES AGAINST THE CITY IN ACCORDANCE WITH THEIR RESPECTIVE AMOUNTS AS INDICATED THEREON. RESPECTFULLY SUBMITTED, .................................... .../.../... FINANCE DIRECTOR DATE APPROVED FOR PAYMENT .................................... .../.../... COUNCIL DATE \ \ 1 CITY OF BURLINGAME PAGE 12 W A R R A N T R E G I S T E R 04/17/09 NUMBER NAME VENDOR DETAIL ACCOUNT AMOUNT *' Denotes Hand Written Checks 39360 OGDEN PROPERTIES LLC 29423 1,552.50 MISCELLANEOUS 1,552.50 531 22546 1,250.00 39361 KONRAD HABELT 29424 450.00 101 36630 MISCELLANEOUS MISCELLANEOUS 800.00 101 22525 39362 TOM HSIEH 29425 3,000.00 MISCELLANEOUS 3,000.00 531 22546 $800,696.98 TOTAL CITY OF BURLINGAME W A R R A N T R E G I S T E R PAGE 11 04/17/09 NUMBER NAME VENDOR DETAIL ACCOUNT AMOUNT *' Denotes Hand Written Checks 39344 ROSEANNA LA GRILLE 29394 75.00 MISCELLANEOUS 75.00 101 22593 39345 NORMA BENITEZ 29395 100.00 MISCELLANEOUS 100.00 101 22593 39346 WEI HUANG 29396 101.00 MISCELLANEOUS 101.00 101 36330 000 1349 39347 AARP 29397 180.00 MISC. SUPPLIES 180.00 101 68010 120 1521 39348 ISG INFRASYS 29405 1,106.64 SMALL TOOLS 1,106.64 201 65200 130 39349 GIVE SOMETHING BACK 29412 594.23 OFFICE EXPENSE 594.23 101 68010 110 1101 39350 CALIFORNIA BUILDING STANDARDS CO 29413 828.00 MISCELLANEOUS 828.00 731 22577 39351 LISETTE LUGO 29414 129.00 EMPLOYEE BENEFITS 129.00 130 20060 39352 ERIC FUGE 29415 2,450.00 MISCELLANEOUS 2,450.00 130 20016 39353 GLORIA COLLINS 29416 417.20 EMPLOYEE BENEFITS 417.20 130 20015 39354 JEAN LAXAGUE 29417 1,125.00 MISCELLANEOUS 1,125.00 531 22546 39355 WILLIAM RYAN 29418 300.00 DEPOSIT REFUNDS 300.00 101 22520 39356 RICH SCHOUSTRA 29419 1,250.00 MISCELLANEOUS 450.00 101 36630 MISCELLANEOUS 800.00 101 22525 39357 RK WOODS 29420 2,835.00 MISCELLANEOUS 2,835.00 531 22546 39358 UNFORGETTABLE PROMOTIONS 29421 100.00 MISCELLANEOUS 100.00 101 30720 39359 STEPHEN RENZ 29422 300.00 DEPOSIT REFUNDS 300.00 101 22520 CITY OF BURLINGAME W A R R A N T R E G I S T E R PAGE 10 04/17/09 NUMBER NAME VENDOR DETAIL ACCOUNT AMOUNT *' Denotes Hand Written Checks 39328 EUGENE PODKAMINER 28384 75.00 MISCELLANEOUS 75.00 101 22593 39329 MR. & MRS. AKHAVEIN 28507 101.00 MISCELLANEOUS 101.00 101 36330 000 1349 39330 MR/MRS. WOLIN 28533 101.00 MISCELLANEOUS 101.00 101 36330 000 1349 39331 ROSEMARY CLAWSON 28885 1,359.00 CONTRACTUAL SERVICES 1,359.00 101 68010 220 1660 39332 BLOSSOM VALLEY CONSTRUCTION 28892 16,477.49 CONTRACTUAL SERVICES 16,477.49 320 81080 220 39333 MUNICIPAL AUDITING SERVICES 28938 7,955.01 BUSINESS LICENSE REFUND 7,955.01 101 22503 39334 RICOH AMERICAS CORPORATION 29009 178.00 EQUIPMENT MAINT. 178.00 101 67500 200 39335 GANTRY CONSTRUCTION 29144 251,311.66 PROFESSIONAL & SPECIALIZED S 251,311.66 327 81360 210 39336 NORTH BAY CONSTRUCTION 29158 114,320.25 CONTRACTUAL SERVICES 114,320.25 326 82220 220 39337 WELLS FARGO BANK 29159 12,702.25 CONTRACTUAL SERVICES 12,702.25 326 82220 220 39338 WILLIAM TOTI 29176 1,232.00 MISCELLANEOUS 1,232.00 130 20016 39339 KIMARIE P. MATTHEWS 29244 276.00 MISCELLANEOUS 276.00 101 36330 000 1331 39340 STEPHEN MCDONNELL 29347 943.00 EMPLOYEE BENEFITS 943.00 130 20015 39341 JASK PRINTING SOLUTIONS 29385 32.78 MISC. SUPPLIES 32.78 101 67500 120 39342 CRAIG SUHL 29389 4,750.00 MISCELLANEOUS 4,750.00 531 22546 39343 BAKER AND TAYLOR 29393 1,948.67 LIBRARY CATALOGING EXPENSE 62.70 101 67500 124 LIBRARY--BOOKS AND MAPS 1,885.97 101 67500 129 CITY OF BURLINGAME W A R R A N T R E G I S T E R PAGE 9 04/17/09 NUMBER NAME VENDOR DETAIL ACCOUNT AMOUNT Denotes Hand Written Checks 39314 CALIFORNIA SUPPLY NORTH, INC. 26716 977.27 BLDG. & GROUNDS MAINT. 977.27 101 67500 190 39315 SKYLINE BUSINESS PRODUCTS 26825 125.33 OFFICE EXPENSE 34.64 101 66210 110 OFFICE EXPENSE 11.10 101 64150 110 OFFICE EXPENSE 79.59 526 69020 110 39316 GOLDEN GATE RADIO ORCHESTRA 27108 300.00 MISCELLANEOUS 300.00 101 22593 39317 JOSEPH BUNNELL 27243 300.00 EMPLOYEE BENEFITS 300.00 130 20060 39318 RICOH AMERICAS CORPORATION 27326 560.30 LIBRARY EXPENSES 560.30 731 22531 39319 PRECISE PRODUCTIONS 27443 225.00 CONTRACTUAL SERVICES 225.00 730 69533 220 39320 BAKER AND TAYLOR 27484 411.89 LIBRARY CATALOGING EXPENSE 50.03 101 67500 124 LIBRARY--BOOKS AND MAPS 361.86 101 67500 129 39321 EPC CONSULTANTS 27676 432.00 CONTRACTUAL SERVICES 432.00 327 81800 220 39322 AT&T MOBILITY 27758 32.06 COMMUNICATIONS 32.06 101 65150 160 39323 MICHAEL ADAM 28008 3,170.00 CONTRACTUAL SERVICES 3,170.00 101 68010 220 1781 39324 ALL INDUSTRIAL ELECTRIC SUPPLY 28171 643.93 MISC. SUPPLIES 107.17 619 64460 120 5120 MISC. SUPPLIES 358.15 619 64460 120 5250 MISC. SUPPLIES 178.61 619 64460 120 5120 39325 GEORGE BAGDON 28219 322.00 EMPLOYEE BENEFITS 322.00 130 20060 39326 AT&T MOBILITY 28264 112.18 COMMUNICATIONS 112.18 619 64460 160 39327 PAUL O'NEILL 28294 468.00 MISCELLANEOUS 468.00 130 20016 i CITY OF BURLINGAME W A R R A N T R E G I S T E R PAGE 8 04/17/09 NUMBER NAME VENDOR DETAIL ACCOUNT AMOUNT Denotes Hand Written Checks 39300 SUMITA FLEMING 26105 465.50 CONTRACTUAL SERVICES 465.50 101 68010 220 1646 39301 USPS-HASLER 26134 5,000.00 MISCELLANEOUS 5,000.00 101 15500 39302 BAKER AND TAYLOR ENTERTAINMENT 26273 983.50 LIBRARY CATALOGING EXPENSE 307.20 101 67500 124 LIBRARY--RECORDS AND CASSETT 676.30 101 67500 125 39303 BAKER AND TAYLOR ENTERTAINMENT 26274 185.13 LIBRARY CATALOGING EXPENSE 38.40 101 67500 124 LIBRARY--RECORDS AND CASSETT 146.73 101 67500 125 39304 BAKER AND TAYLOR ENTERTAINMENT 26275 115.56 LIBRARY CATALOGING EXPENSE 25.60 101 67500 124 LIBRARY--RECORDS AND CASSETT 89.96 101 67500 125 39305 BAKER AND TAYLOR BOOKS 26276 631.28 LIBRARY CATALOGING EXPENSE 142.94 101 67500 124 LIBRARY--BOOKS AND MAPS 488.34 101 67500 129 39306 MICHEL MARQUEZ 26286 35.00 MISCELLANEOUS 35.00 101 36330 000 1891 39307 ANNE INGRAM 26314 101.00 MISCELLANEOUS 101.00 101 36330 000 1349 39308 MARC SYMKOWICK 26350 750.00 MISCELLANEOUS 750.00 130 20016 39309 BAKER AND TAYLOR BOOKS 26375 831.71 LIBRARY CATALOGING EXPENSE 145.73 101 67500 124 LIBRARY--BOOKS AND MAPS 685.98 101 67500 129 39310 ANDREW JORDAN 26410 3,000.00 MISCELLANEOUS 3,000.00 531 22546 39311 ACCEL MAIL EQUIPMENT 26466 38.02 OFFICE EXPENSE 38.02 101 67500 110 39312 CEMEX 26506 185.23 MISC. SUPPLIES 185.23 326 81230 120 39313 BAKER AND TAYLOR 26530 991.76 LIBRARY CATALOGING EXPENSE 188.10 101 67500 124 LIBRARY--BOOKS AND MAPS 803.66 101 67500 129 CITY OF BURLINGAME W A R R A N T R E G I S T E R PAGE 7 04/17/09 NUMBER NAME VENDOR DETAIL ACCOUNT AMOUNT *' Denotes Hand Written Checks 39286 NOR CAL MOVING SERVICE 24243 158.25 MISC. SUPPLIES 158.25 101 67500 120 39287 FASTLANE TEK INC. 24304 2,756.25 TRAINING EXPENSE 2,756.25 101 66210 260 39288 BAKER & TAYLOR ENTERTAINMENT 24465 41.41 LIBRARY CATALOGING EXPENSE 12.80 101 67500 124 LIBRARY--RECORDS AND CASSETT 28.61 101 67500 125 39289 XEROX CORPORATION 24634 546.71 OFFICE EXPENSE 173.90 101 67500 110 CONTRACTUAL SERVICES 372.81 101 67500 220 39290 INTERNATIONAL CODE COUNCIL 24647 369.01 DUES & SUBSCRIPTIONS 369.01 531 65300 240 39291 LANGUAGE LINE SERVICES 24815 90.00 CONTRACTUAL SERVICES 90.00 201 65200 220 39292 RYAN KLARICH 24868 325.00 TRAINING EXPENSE 325.00 201 65200 260 39293 WESCO GRAPHICS INC 25007 6,118.53 MISCELLANEOUS 6,118.53 101 68010 115 1101 39294 DE LAGE LANDEN 25057 171.36 CONTRACTUAL SERVICES 171.36 201 65200 220 39295 BAY CITIES DRIVING SCHOOL 25220 1,203.00 CONTRACTUAL SERVICES 1,203.00 101 68010 220 1422 39296 OFFICE DEPOT 25224 231.28 OFFICE EXPENSE 78.19 201 65200 110 TRAINING EXPENSE 153.09 201 65200 260 39297 RICK VELEZ 25265 207.00 MISCELLANEOUS 207.00 130 20016 39298 BAKER AND TAYLOR ENTERTAINMENT 25575 65.26 LIBRARY--RECORDS AND CASSETT 65.26 101 67500 125 39299 MARTIN DILLON 25851 964.50 EMPLOYEE BENEFITS 190.50 130 20060 MISCELLANEOUS 774.00 130 20016 i 1 1 t ' CITY OF BURLINGAME W A R R A N T R E G I S T E R PAGE 6 04/17/09 NUMBER NAME VENDOR DETAIL ACCOUNT AMOUNT *� Denotes Hand Written Checks 39274 GALE 23127 490.82 LIBRARY--BOOKS AND MAPS 490.82 101 67500 129 39275 OFFICE MAX 23306 722.37 OFFICE EXPENSE 506.61 101 68010 110 1101 OFFICE EXPENSE 99.55 101 67500 110 OFFICE EXPENSE 116.21 621 64450 110 39276 AIRGAS 23307 12.93 BLDG. & GROUNDS MAINT. 12.93 101 68020 190 2200 39277 CRESCO EQUIPMENT RENTALS 23470 335.36 TRAFFIC CONTROL MATERIALS 33.34 101 66210 222 STREET RESURFACING EXPENSE 137.53 101 66210 226 MISC. SUPPLIES 130.39 526 69020 120 SMALL TOOLS 34.10 526 69020 130 39278 ICE CENTER OF SAN MATEO 23512 665.60 CONTRACTUAL SERVICES 665.60 101 68010 220 1762 39279 REFRIGERATION SUPPLIES DISTRIBUT 23639 289.32 MISC. SUPPLIES 289.32 619 64460 120 5240 39280 BKF ENGINEERS 23641 21,903.90 PROFESSIONAL & SPECIALIZED S 21,903.90 327 81800 210 39281 KEITH MARTIN 23788 125.22 MISCELLANEOUS 7.15 526 69020 233 MISCELLANEOUS EXPENSE 11.37 526 69020 290 MISC. SUPPLIES 35.70 527 66520 120 TRAVEL & MEETINGS 42.00 527 66520 250 DUES & SUBSCRIPTIONS 29.00 619 64460 240 39282 DEPARTMENT OF JUSTICE 23905 64.00 PROFESSIONAL & SPECIALIZED S 64.00 101 64420 210 39283 PENINSULA LIBRARY SYSTEM 23983 9,544.00 EQUIPMENT MAINT. 767.00 101 67500 209 CONTRACTUAL SERVICES 8,777.00 101 67500 220 39284 AMAZON 24070 439.35 LIBRARY--RECORDS AND CASSETT 46.55 101 67500 125 LIBRARY--BOOKS AND MAPS 392.80 101 67500 129 39285 QUILL 24090 207.03 OFFICE EXPENSE 117.17 101 67500 110 BLDG. & GROUNDS MAINT. 10.98 101 67500 190 MISCELLANEOUS 78.88 101 67500 235 CITY OF BURLINGAME W A R R A N T R E G I S T E R PAGE 5 04/17/09 NUMBER NAME VENDOR DETAIL ACCOUNT AMOUNT Denotes Hand Written Checks 39260 UTILITY AERIAL INC 19990 540.39 EQUIPMENT MAINT. 540.39 101 68020 200 2300 39261 PENINSULA CORRIDOR JOINT 20060 2,080.02 CONTRACTUAL SERVICES 2,080.02 736 64570 220 39262 AFFINITEL COMMUNICATIONS 20246 160.00 OFFICE EXPENSE 160.00 621 64450 110 39263 CMC FLUIDIQS INC 20421 1,768.74 PUMP EQUIPMENT REPAIR 1,768.74 526 69020 230 39264 BAYSIDE BUILDING MATERIALS INC. 20650 1,415.94 MISC. SUPPLIES 610.54 101 66210 120 MISC. SUPPLIES 402.70 526 69020 120 MISC. SUPPLIES 402.70 527 66520 120 39265 VALLEY CREST LANDSCAPE MAINT 21316 1,952.26 MISC. SUPPLIES 1,952.26 730 69560 120 39266 DU-ALL SAFETY 21613 1,875.00 TRAINING EXPENSE 625.00 101 66210 260 TRAINING EXPENSE 625.00 526 69020 260 TRAINING EXPENSE 625.00 527 66520 260 39267 TOWNE FORD SALES, INC. 22146 13.36 SUPPLIES 13.36 620 15000 39268 HACH COMPANY 22332 1,275.30 MISCELLANEOUS 1,275.30 526 69020 233 39269 NORTH AMERICAN SPORTS MANAGEMENT 22382 1,030.00 CONTRACTUAL SERVICES 1,030.00 101 68010 220 1785 39270 TECHNOLOGY,ENGINEERING & CONSTRU 22435 200.00 PROFESSIONAL & SPECIALIZED S 200.00 620 66700 210 39271 CSG CONSULTANTS 22465 2,280.00 MISCELLANEOUS 380.00 201 35221 000 7100 MISCELLANEOUS 1,900.00 201 35220 000 7100 39272 MDL PLASTIC BAGS COMPANY 22807 176.51 MISC. SUPPLIES 176.51 530 65400 120 39273 FIRST AMERICAN CORE LOGIC INC 23012 5,400.00 MI.SL_- SUP-PLIES 5 400.00 101 64400 120 CITY OF BURLINGAME W A R R A N T R E G I S T E R PAGE 4 04/17/09 NUMBER NAME VENDOR DETAIL ACCOUNT AMOUNT *' Denotes Hand Written Checks 39245 STANDARD BUSINESS MACHINES 14252 395.00 OFFICE EXPENSE 395.00 101 68010 110 1101 39246 ALL CITY MANAGEMENT 15595 3,842.80 CONTRACTUAL SERVICES 3,842.80 101 65100 220 39247 VALLEY OIL CO. 15764 2,355.97 SUPPLIES 2,355.97 620 15000 39248 RECORDED BOOKS, LLC 16052 384.14 LIBRARY--RECORDS AND CASSETT 384.14 101 67500 125 39249 STATE OF CALIFORNIA 16919 1,085.04 SUPPLIES 1,085.04 620 15000 39250 GOLDEN NURSERY 17128 26.30 MISC. SUPPLIES 26.30 101 68020 120 2200 39251 O'BRIEN & SONS 17383 300.00 DEPOSIT REFUNDS 300.00 101 22520 39252 BLACKSTONE AUDIO BOOKS 17427 40.00 LIBRARY--RECORDS AND CASSETT 40.00 101 67500 125 39253 STANDARD REGISTER 17495 1,276.08 CITY HALL MAINTENANCE 1,276.08 621 64450 200 39254 BAKER AND TAYLOR 18365 110.30 LIBRARY CATALOGING EXPENSE 15.80 101 67500 124 LIBRARY--RECORDS AND CASSETT 94.50 101 67500 125 39255 BAKER AND TAYLOR ENTERTAINMENT 18420 1,775.60 LIBRARY CATALOGING EXPENSE 358.40 101 67500 124 LIBRARY--RECORDS AND CASSETT 1,417.20 101 67500 125 39256 LEHIGH SAFETY SHOE CO 18755 129.99 TRAINING EXPENSE 129.99 101 68020 260 2300 39257 BAY ALARM 18854 95.00 PROFESSIONAL & SPECIALIZED S 95.00 619 64460 210 5120 39258 PRIORITY 1 19239 15.91 SUPPLIES 15.91 620 15000 39259 JP LINDSTROM, INC 19932 2,340.00 MISCELLANEOUS 2,340.00 531 22546 CITY OF BURLINGAME W A R R A N T R E G I S T E R PAGE 3 04/17/09 NUMBER NAME VENDOR DETAIL ACCOUNT AMOUNT *' Denotes Hand Written Checks 39236 SIERRA PACIFIC TURF SUPPLY 09459 1,517.67 MISC. SUPPLIES 1,517.67 101 68020 120 2300 39237 SAN MATEO LAWN MOWER SHOP 09560 1,686.13 SMALL TOOLS 1,280.00 101 68020 130 2300 EQUIPMENT MAINT. 352.20 101 68020 200 2200 PROFESSIONAL & SPECIALIZED S 53.93 101 68020 210 2300 39238 WFCB OSH COMMERCIAL SERVICES 09670 1,661.49 MISC. SUPPLIES 31.90 101 68020 120 2200 SMALL TOOLS 89.97 101 68020 130 2200 MISCELLANEOUS 32.41 101 68020 192 2200 SIDEWALK REPAIR EXPENSE 65.86 101 66210 219 TRAFFIC CONTROL MATERIALS 87.46 101 66210 222 BLDG. & GROUNDS MAINT. 224.37 -201 65200 190 TRAINING EXPENSE 27.05 201 65200 260 MISC. SUPPLIES 670.10 526 69020 120 SMALL TOOLS 21.48 526 69020 130 MISC. SUPPLIES 263.28 527 66520 120 SMALL TOOLS 101.19 527 66520 130 MISC. SUPPLIES 6.56 619 64460 120 5130 MISC. SUPPLIES 33.14 619 64460 120 5120 MISC. SUPPLIES 6.72 619 64460 120 5160 39239 INTERSTATE TRAFFIC 09790 2,179.35 TRAFFIC CONTROL MATERIALS 2,179.35 101 66210 222 39240 ANA FITZGERALD 09975 246.75 CONTRACTUAL SERVICES 246.75 101 68010 220 1646 39241 CAL-STEAM 10557 1,131.05 FIRE APPARATUS MAINT. 19.21 201 65200 203 MISC. SUPPLIES 125.92 526 69020 120 SMALL TOOLS 450.60 526 69020 130 MISC. SUPPLIES 226.44 527 66520 120 SMALL TOOLS 212.80 527 66520 130 PUMP EQUIPMENT REPAIR 74.97 527 66520 230 MISC. SUPPLIES 21.11 619 64460 120 5110 39242 FORTE PRESS CORP. 13759 2,351.63 OFFICE EXPENSE 387.54 101 65100 110 MISC. SUPPLIES 1,964.09 530 65400 120 39243 BLACKWELL'S BOOK SERVICE 14153 255.80 LIBRARY--BOOKS AND MAPS 255.80 101 67500 129 39244 BURLINGAME LIBRARY 14228 26,683.77 LIBRARY EXPENSES 26,683.77 731 22531 � i I• CITY OF BURLINGAME W A R R A N T R E G I S T E R PAGE 2 04/17/09 NUMBER NAME VENDOR DETAIL ACCOUNT AMOUNT *' Denotes Hand Written Checks 39224 P. G. & E. 03054 280.32 GAS & ELECTRIC 5.29 101 66100 170 GAS & ELECTRIC -18,542.10 101 67500 170 GAS & ELECTRIC 275.03 201 65200 170 GAS & ELECTRIC -22,175.27 527 66520 170 UTILITY EXPENSE 40,717.37 896 20280 39225 PERSONAL AWARDS, INC. 03145 128.17 CONTRACTUAL SERVICES 128.17 101 68010 220 1785 39226 MARGARET PRENDERGAST 03179 1,395.00 CONTRACTUAL SERVICES 1,395.00 101 68010 220 1641 39227 ROSS RECREATION EQUIPMENT 03271 24.42 EQUIPMENT MAINT. 24.42 101 68020 200 2200 39228 SAN FRANCISCO WATER DEPT. 03353 172,726.85 WATER PURCHASES 172,726.85 526 69020 171 39229 BURLINGAME REC. DEPT./PETTY CASH 03910 1,573.39 MISC. SUPPLIES 330.00 101 68010 120 1330 MISC. SUPPLIES 119.38 101 68010 120 1781 UNIFORMS AND EQUIPMENT 72.52 101 68020 140 2200 RENTS & LEASES 140.00 101 68020 180 2200 CONTRACTUAL SERVICES 96.00 101 68010 220 1644 TRAINING EXPENSE 70.00 101 68020 260 2200 TRAINING EXPENSE 70.00 101 68020 260 2100 MISC. SUPPLIES 368.43 730 69583 120 MISC. SUPPLIES 307.06 730 69533 120 39230 STATE OF CA/CONSERVATION DEPT 09073 3,838.10 MISCELLANEOUS 3,838.10 731 22550 39231 MUFFIE CALBREATH 09125 705.00 CONTRACTUAL SERVICES 705.00 101 68010 220 1660 39232 LYNGSO GARDEN MATERIALS 09143 840.89 SIDEWALK REPAIR EXPENSE 722.68 101 66210 219 MISC. SUPPLIES 118.21 526 69020 120 39233 NOLO 09312 454.34 LIBRARY--BOOKS AND MAPS 454.34 101 67500 129 39234 TURF & INDUSTRIAL EQUIPMENT CO. 09319 483.07 EQUIPMENT MAINT. 483.07 101 68020 200 2200 39235 STERICYCLE, INC. 09439 213.72 PRISONER EXPENSE 213.72 101 65100 291 CITY OF BURLINGAME W A R R A N T R E G I S T E R PAGE 1 04/17/09 NUMBER NAME VENDOR DETAIL ACCOUNT AMOUNT *' Denotes Hand Written Checks 39210 GRAY'S PAINT, BURLINGAME 01025 1,113.06 BLDG. & GROUNDS MAINT. 1,113.06 101 68020 190 2200 39211 BAKER AND TAYLOR, INC. 01190 2,821.66 LIBRARY CATALOGING EXPENSE 23.50 101 67500 124 LIBRARY--BOOKS AND MAPS 2,798.16 101 67500 129 39212 BRODART, INC. 01450 35.43 MISC. SUPPLIES 35.43 101 67500 120 39213 BURLINGAME GLASS COMPANY 01533 398.00 BLDG. & GROUNDS MAINT. 398.00 101 68010 190 1111 39214 BURLINGAME CHAMBER OF COMMERCE 01637 100.00 MISC. SUPPLIES 100.00 526 69020 120 39215 CITY OF REDWOOD CITY 01862 36,750.56 CITY HALL MAINTENANCE 36,750.56 621 64450 220 39216 GENE EVANS 02149 258.50 CONTRACTUAL SERVICES 258.50 101 68010 220 1644 39217 W.W. GRAINGER, INC. 02248 315.41 MISC. SUPPLIES 315.41 619 64460 120 5130 39218 GRANITE ROCK COMPANY 02261 340.34 STREET RESURFACING EXPENSE 340.34 101 66210 226 39219 GARY KAISER 02654 385.00 EMPLOYEE BENEFITS 385.00 130 20060 39220 MILLBRAE LUMBER CO. 02898 385.69 MISC. SUPPLIES 186.41 101 66210 120 SIDEWALK REPAIR EXPENSE 91.03 101 66210 219 TRAFFIC CONTROL MATERIALS 108.25 101 66210 222 39221 MEG MONROE 02936 198.00 EMPLOYEE BENEFITS 198.00 130 20060 39222 OCLC,INC. 03033 791.31 LIBRARY--BOOKS AND MAPS 791.31 101 67500 129 39223 PACIFIC NURSERIES 03041 1,189.67 MISC. SUPPLIES 1,189.67 101 68020 120 2200 1 A CITY °� STAFF REPORT BURUNGAME AGENDA ITEM# 12a MTG. DATE 5/18/08 TO: HONORABLE MAYOR AND CITY COUNCIL SUBMITTED BY DATE: May 14, 2009 ^, APPROVE FROM: Jim Nantell 588-7205 BY F/ SUBJECT: Waiver of Block Party Permits as an Incentive for Emergen 4reparedness Presentations RECOMMENDATION: consider a request from the City Council Member Terry Nagel to approve fee waivers for block party permit applicants who agree to schedule a neighborhood emergency preparedness presentation by Central County Fire Department. BACKGROUND: Council Member Terry Nagel serves as the City of Burlingame's elected representatives on the San Mateo County Emergency Services Council. As a result of service on this countywide committee and her own personal interest in emergency preparedness she is continuously on the lookout for ways to increase the number of Burlingame residents that have been trained/educated on how to prepare their families for earthquake and other emergencies. Recently she approached staff on the possibility of allowing block party permit fee waivers to those block party permit applicants that would be willing to commit to organizing an emergency preparedness presentation for the neighbors on their block. Since staff does not have the authority to waive such fees, Council Member Nagel requested that the item be placed on the Council's agenda. BUDGET IMPACT: as the Council may recall, the current$50 fee for block party permit does not cover the full cost of staffs involvement in issuing the block party permit and providing the barricades to close off the street, therefore, waiver of the $50 fee will result in total subsidy of those block party permits that would agree to schedule of the emergency preparation presentation. It's hard to anticipate the number of block party applicants that would agree to do this. Our best estimation at this point is maybe 10 neighborhood groups out of the 40 to 50 that receive block party permits annually would agree and that would result in a loss of$500 per year in revenue. Attachments: None City of Burlingame APRIL PERMIT ACTIVITY Building permit activity was strong during the month of April. Minor permits and permits for small residential projects were slow. Permits were issued for three new single family dwellings. In addition, a major non-residential permit was issued for renovation of the Sisters of Mercy convent at 2300 Adeline Drive. There were no pre-application meetings held during the month of April. THIS MONTH THIS MONTH LAST YEAR DIFF F. Y. 2009 F. Y.2008 DIFF Permit Type # # % # # % WATER HEATER 3 3,215 15 32,351 28 48,587 -33 SWIMMING POOL 1 76,000 3 119,000 6 151,000 -21 SIGN 3 7,530 5 14,410 -48 26 127,833 37 149,015 -14 ROOFING 8 80,884 18 269,633 -70 141 2,141,376 191 2,741,843 -22 RETAINING WALL 1 4,000 1 75,000 -95 PLUMBING 14 57,444 10 35,861 60 104 385,439 115 422,185 -9 NEW SFD 3 1,875,000 11 6,825,000 6 3,395,000 101 NEW COMMERCIAL 1 5,347,500 1 42,000,000 -87 NEW 5 UNIT APT OR CO 1 2,500,000 NEW 3 OR 4 UNIT APT MECHANICAL 3 18,525 26 177,448 34 229,523 -23 KITCHEN UPGRADE 3 228,000 27 886,904 46 1,522,543 -42 FURNACE 1 8,250 12 97,633 20 93,949 4 ELECTRICAL SERVICE 22 74,200 24 100,965 -27 ~ City of Burlingame APRIL PERMIT ACTIVITY THIS MONTH THIS MONTH LAST YEAR DIFF F. Y. 2009 F. Y.2008 DIFF Permit Type # # % # # % ELECTRICAL 4 35,261 8 71,290 -51 36 436,981 46 223,829 95 BATHROOM UPGRADE 1 26,500 6 102,650 -74 35 604,279 45 766,259 -21 ALTERATION RESIDENTI 19 782,841 50 2,260,061 -65 243 11,572,591 329 13,720,377 -16 ALTERATION NON RES 14 4,763,436 9 665,930 615 94 28,016,409 89 14,625,664 92 Totals: 67 7,704,896 116 3,677,825 109 798 59,348,943 1,018 80,265,740 -26 CITY OF BURLINGAME Portfolio Management Portfolio Summary April 30, 2009 Par Market Book %of Days to YTM YTM Investments Value Value Value Portfolio Term Maturity 360 Equiv. 365 Equiv. LAIF&County Pool 24,191,669.92 24,191,669.92 24,191,669.92 53.52 1 1 1.878 1.904 Federal Agency Issues-Coupon 19,000,000.00 19,310,700.00 18,994,654.91 42.02 1,751 1,415 4.057 4.113 Miscellaneous Securities-Coupon 2,000,000.00 2,006,800.00 2,016,120.00 4.46 242 52 4.192 4.250 45,191,669.92 45,509,169.92 45,202,444.83 100.00% 747 597 2.897 2.937 Investments _ Total Earnings April 30 Month Ending Fiscal Year To Date Current Year 105,958.40 1,141,432.52 Average Daily Balance 41,192,154.82 37,058,208.08 Effective Rate of Return 3.13% 3.70% Pursuant to State law,there are sufficient available funds to meet Burlingame's expenditure requirements for the coming 6 months. Total funds invested represent consolidation of all fund types,and availability of some of these funds is restricted by law(e.g. Gas Tax,Trust&Agency funds,Capital Projects,and Enterprise funds). JESU N VA, FINANCE DIR./TREASURER Reporting period 04/01/2009-04/30/2009 Portfolio CITY CP Run Date:05/11/2009-15:36 PM(PRF_PM1)SymRept 6.41.202a Report Ver.5.00 CITY OF BURLINGAME Portfolio Management Page 2 Portfolio Details - Investments April 30, 2009 Average Purchase Stated YTM Days to Maturity CUSIP Investment# Issuer Balance Date Par Value Market Value Book Value Rate Moody's 365 Maturity Date LAIF&County Pool SYS77 77 LOCAL AGENCY INV.FD. 23,651,365.32 23,651,365.32 23,651,365.32 1.910 1.910 1 SYS79 79 S M COUNTY POOL 540,304.60 540,304.60 540,304.60 1.640 Aaa 1.640 1 Subtotal and Average 20,381,379.91 24,191,669.92 24,191,669.92 24,191,669.92 1.904 1 Federal Agency Issues-Coupon 31331YGR5 545 FEDERAL FARM CREDIT BANK 12/07/2007 1,000,000.00 1,022,400.00 1,000,000.00 4.490 4.490 1,316 12/07/2012 31331YJ76 553 FEDERAL FARM CREDIT BANK 05/01/2008 1,000,000.00 1,000,000.00 1,000,000.00 4.250 4.250 1,461 05/01/2013 31331Y4Y3 559 FEDERAL FARM CREDIT BANK 07/30/2008 1,000,000.00 1,010,200.00 1,000,000.00 5.000 5.000 1,551 07/30/2013 3133XMKS9 541 FEDERAL HOME LOAN BANK 10/22/2007 1,000,000.00 1,020,600.00 1,000,000.00 5.020 Aaa 5.020 1,270 10/22/2012 3133XMSW2 544 FEDERAL HOME LOAN BANK 11/16/2007 1,000,000.00 1,022,600.00 1,000,000.00 4.850 Aaa 4.850 1,295 11/16/2012 3133XNW21 546 FEDERAL HOME LOAN BANK 01/07/2008 1,000,000.00 1,006,200.00 1,000,000.00 4.375 Aaa 4.375 1,347 01/07/2013 3133XNYV5 547 FEDERAL HOME LOAN BANK 01/22/2008 1,000,000.00 1,022,500.00 1,000,000.00 4.050 Aaa 4.050 1,362 01/22/2013 3133XP3C6 548 FEDERAL HOME LOAN BANK 01/29/2008 1,000,000.00 1,025,700.00 1,000,000.00 4.000 Aaa 4.000 1,369 01/29/2013 3133XQEH1 549 FEDERAL HOME LOAN BANK 03/18/2008 1,000,000.00 1,012,100.00 1,000,000.00 4.000 Aaa 4.000 1,417 03/18/2013 3133XQZT2 552 FEDERAL HOME LOAN BANK 04/30/2008 1,000,000.00 1,029,300.00 1,000,000.00 4.000 Aaa 4.000 1,460 04/30/2013 3133XRYR5 560 FEDERAL HOME LOAN BANK 08/22/2008 1,000,000.00 1,028,500.00 1,000,000.00 4.400 Aaa 4.400 1,574 08/22/2013 3133XS7K8 561 FEDERAL HOME LOAN BANK 09/25/2008 1,000,000.00 1,013,400.00 1,000,000.00 4.000 Aaa 4.000 1,243 09/25/2012 3133XSA24 562 FEDERAL HOME LOAN BANK 10/01/2008 1,000,000.00 1,013,500.00 1,000,000.00 4.250 Aaa 4.250 1,614 10/01/2013 3128X6AZ9 538 FEDERAL HOME LOAN MORTG.CORP. 08/30/2007 1,000,000.00 1,002,600.00 1,006,000.00 5.400 Aaa 5.254 1,130 06/04/2012 3128X7RW6 554 FEDERAL HOME LOAN MORTG.CORP. 06/09/2008 1,000,000.00 1,030,000.00 991,154.91 4.000 Aaa 4.200 1,473 05/13/2013 3128X7W26 566 FEDERAL HOME LOAN MORTG.CORP. 10/16/2008 1,000,000.00 1,041,400.00 997,500.00 4.375 Aaa 4.432 1,586 09/03/2013 3128X8YZ9 570 FEDERAL HOME LOAN MORTG.CORP. 04/30/2009 1,000,000.00 992,500.00 1,000,000.00 2.125 Aaa 2.125 1,825 04/30/2014 3136FHAL9 568 FANNIE MAE 02/19/2009 1,000,000.00 1,008,500.00 1,000,000.00 2.200 Aaa 2.200 840 08/19/2011 3136F97K3 569 FANNIE MAE 02/18/2009 1,000,000.00 1,008,700.00 1,000,000.00 3.250 Aaa 3.250 1,754 02/18/2014 Subtotal and Average 18,794,654.91 19,000,000.00 19,310,700.00 18,994,654.91 4.113 1,415 Miscellaneous Securities-Coupon 13063A3P7 567 CA ST-RANS-A 10/23/2008 2,000,000.00 2,006,800.00 2,016,120.00 5.500 4.250 52 06/22/2009 Subtotal and Average 2,016,120.00 2,000,000.00 2,006,800.00 2,016,120.00 4.250 52 Total and Average 41,192,154.82 45,191,669.92 45,509,169.92 45,202,444.83 2.937 597 Portfolio CITY CP Run Date:05/11/2009-15:36 PM(PRF_PM2)SymRepl 6.41.202a Report Ver.5.00 CITY OF BURLINGAME Portfolio Management Page 3 Activity By Type April 1, 2009 through April 30, 2009 Beginning Stated Transaction Purchases Redemptions Ending CUSIP Investment# Issuer Balance Rate Date or Deposits or Withdrawals Balance LAIF&County Pool (Monthly Summary) SYS77 77 LOCAL AGENCY INV.FD. 1.910 9,731,319.76 0.00 SYS79 79 S M COUNTY POOL 1.640 5,134,201.23 5,665,000.00 Subtotal 14,991,148.93 14,865,520.99 5,665,000.00 24,191,669.92 Federal Agency Issues-Coupon 3133XKL94 534 FEDERAL HOME LOAN BANK 5.250 04/23/2009 0.00 1,000,000.00 3133XSFC7 565 FEDERAL HOME LOAN BANK 3.400 04/02/2009 0.00 1,000,000.00 3128X8YZ9 570 FEDERAL HOME LOAN MORTG.CORP. 2.125 04/30/2009 1,000,000.00 0.00 Subtotal 19,994,654.91 1,000,000.00 2,000,000.00 18,994,654.91 Miscellaneous Securities-Coupon Subtotal 2,016,120.00 2,016,120.00 Total 37,001,923.84 15,865,520.99 7,665,000.00 45,202,444.83 Portfolio CITY CP Run Date:05/11/2009-15:36 PM(PRF_PM3)SymRept 6.41.202a Report Ver.5.00 CITY OF BURLINGAME Portfolio Management Page 4 Activity Summary April 2008 through April 2009 Yield to Maturity - -------- - -- --- Managed Number Number Month Number of Total 360 365 Pool of Investments of Investments Average Average End Year Securities Invested Equivalent Equivalent Rate Purchased Redeemed Term Days to Maturity April 2008 23 44,873,173.03 4.017 4.073 3.336 2 1 852 747 May 2008 23 42,497,726.30 3.830 3.883 3.032 1 1 857 746 June 2008 21 39,888,592.43 3.753 3.805 3.051 1 3 857 756 July 2008 22 38,053,831.40 3.813 3.866 2.994 1 0 946 825 August 2008 23 37,083,836.47 3.800 3.852 2.822 1 0 1,020 879 September 2008 24 35,589,727.12 4.065 4.121 3.408 2 1 1,145 990 October 2008 27 33,298,877.35 3.974 4.030 2.615 5 2 1,253 1,097 November 2008 26 32,766,685.78 3.911 3.966 2.547 0 1 1,218 1,046 December 2008 25 38,128,735.98 3.619 3.669 2.373 0 1 1,010 848 January 2009 23 39,451,958.47 3.332 3.378 2.038 0 2 920 759 February 2009 25 40,931,168.88 3.249 3.294 1.859 2 0 954 782 March 2009 23 37,001,923.84 3.203 3.247 1.797 0 2 917 727 April 2009 22 45,202,444.83 2.897 2.937 1.904 1 2 747 597 Average 24 38,828,360.14 3.651% 3.702% 2.598 1 1 977 831 Portfolio CITY CP Run Date:05/11/2009-15:36 PM(PRF_PM4)Sym Rept 6.41.202a Report Ver.5.00 CITY OF BURLINGAME Portfolio Management Page Distribution of Investments By Type April 2008 through April 2009 April May June July August September October November December January February March April Average Security Type 2008 2008 2008 2008 2008 2008 2008 2008 2008 2009 2009 2009 2009 by Period LAIF&County Pool 51.0 50.6 52.4 47.5 43.4 35.4 18.9 20.6 34.4 41.7 38.9 40.5 53.5 40.7% Certificates of Deposit-Bank Certificates of Deposit-S&L Certificates of Deposit-Thrift&Ln Negotiable CD's-Bank CORP NOTES Bankers Acceptances Commercial Paper-Interest Bearing Commercial Paper-Discount Federal Agency Issues-Coupon 49.0 49.4 47.6 52.5 56.6 64.6 75.1 73.2 60.3 53.2 56.2 54.0 42.0 56.5% Federal Agency Issues-Discount Treasury Securities-Coupon Treasury Securities-Discount Miscellaneous Securities-Coupon 6.1 6.2 5.3 5.1 4.9 5.5 4.5 2.9% Miscellaneous Securities-Discount Non Interest Bearing Investments Mortgage Backed Securities Miscellaneous Discounts-At Cost 2 Miscellaneous Discounts-At Cost 3 Portfolio CITY CP Run Dale:05/11/2009-15:36 PM(PRF_PM5)SyrnRept 6.41.202a Report Ver.5.00 CITY OF BURLINGAME Portfolio Management Page 6 Interest Earnings Summary April 30, 2009 April 30 Month Ending Fiscal Year To Date CD/Coupon/Discount Investments: Interest Collected 109,600.00 801,188.89 Plus Accrued Interest at End of Period 247,485.70 247,485.70 Less Accrued Interest at Beginning of Period ( 281,424.46) ( 192,079.56) Less Accrued Interest at Purchase During Period ( 0.00) ( 0.00) Interest Earned during Period 75,661.24 856,595.03 Adjusted by Capital Gains or Losses 0.00 3,750.00 Earnings during Periods 75,661.24 860,345.03 Pass Through Securities: Interest Collected 0.00 0.00 Plus Accrued Interest at End of Period 0.00 0.00 Less Accrued Interest at Beginning of Period ( 0.00) ( 0.00) Less Accrued Interest at Purchase During Period ( 0.00) ( 0.00) Interest Earned during Period 0.00 0.00 Adjusted by Premiums and Discounts 0.00 0.00 Adjusted by Capital Gains or Losses 0.00 0.00 Earnings during Periods 0.00 0.00 Cash/Checking Accounts: Interest Collected 70,512.82 416,029.30 Plus Accrued Interest at End of Period 375,323.67 375,323.67 Less Accrued Interest at Beginning of Period ( 415,539.33) ( 510,265.48) Interest Earned during Period 30,297.16 281,087.49 Total Interest Earned during Period 105,958.40 1,137,682.52 Total Capital Gains or Losses 0.00 3,750.00 Total Earnings during Period 105,958.40 1,141,432.52 Portfolio CITY CP Run Date:05/11/2009-15:36 PM(PRF_PM6)SynnRepl 6.41.202a Report Ver.5.00 CITY OF BURLINGAME Portfolio Management Portfolio Summary April 30, 2009 Par Market Book %of Days to YTM YTM Investments Value Value Value Portfolio Term Maturity 360 Equiv. 365 Equiv. Managed Pool Accounts 11,675,392.49 11,675,392.49 11,675,392.49 100.00 1 1 1.884 1.910 11,675,392.49 11,675,392.49 11,675,392.49 100.00% 1 1 1.884 1.910 Investments Total Earnings April 30 Month Ending Fiscal Year To Date Current Year 18,168.03 192,560.52 Average Daily Balance 12,113,164.23 Effective Rate of Return 1.82% e it * t,•I►9 JE NAVA, NANCE DIR./TREASURER Reporting period 04/01/2009-04/30/2009 Portfolio 07BD CP Run Date:05/11/2009-15:40 PM(PRF_PM1)Sym Rept 6.41.202a Report Ver.5.00 CITY OF BURLINGAME Portfolio Management Page 2 Portfolio Details - Investments April 30, 2009 Stated YTM Days to Maturity Average Purchase CUSIP Investment# Issuer Balance Date Par Value Market Value Book Value Rate S&P 365 Maturity Date Managed Pool Accounts SYS80 80 Local Agency Investment Fund 10/09/2008 11,675,392.49 11,675,392.49 11,675,392.49 1.910 1.910 1 Subtotal and Average 12,113,164.23 11,675,392.49 11,675,392.49 11,675,392.49 1.910 1 Total and Average 12,113,164.23 11,675,392.49 11,675,392.49 11,675,392.49 1.910 1 Portfolio 07BD CP Run Dale:05/11/2009-15:40 PM(PRF_PM2)Sym Rept 6.41.202a Report Ver.5.00