HomeMy WebLinkAboutAgenda Packet - CC - 2017.02.21REQUEST TO SPEAK _ PLEASE GIVE TO THE CITY CLERK OR A CITY STAFF MEMBER
PRIOR TO THE MEETING OR AS SOON AS POSSIBLE THEREAFTER
Persons wishing to address the City Council are requested to provide the City Clerk rvith
information for the recorded minutes.
k vrvrl- 4 UL'\rn'VName: (option
Phone: (optional)
Emair: <,rr*^ r>? A LC- fr"tY(D )-ffi'v) d t \
aL, s Lrks:
LO T:,t'-'
brts trl,er
A {
MEETING DATE:AGENDA ITEM #:Itq (-omrr^{
Members of the public may speak about any item not on the agenda. The Ralph M. Brown Act (the State local agency open
meeting law) prohibits the City Council from acting on any matter that is not on the agenda. Speakers are asked to fill out a
"request to speak" card located on the table by the door and hand it to staff, although the provision ofa name, address or other
identifying information is optional. Speakers are limited to three minutes each; the Mayor may adjust the time limit in light of
the number of anticipated speakers.
0-s*vt u
zffi\d|"fffl\W
City Council
City of Burlingame
Meeting Agenda - Final
BURLINGAME CITY HALL
501 PRIMROSE ROAD
BURLINGAME, CA 94010
Council Chambers7:00 PMTuesday, February 21, 2017
STUDY SESSION - 5:45 p.m. - Conference Room A
Study Session for a Public Art Display to Honor Anson Burlingamea.
Staff Report
Exhibit A
Attachments:
Discussion on Lots F&Nb.
Note: Public comment is permitted on all action items as noted on the agenda below and in the
non-agenda public comment provided for in item 7.
Speakers are asked to fill out a "request to speak" card located on the table by the door and
hand it to staff, although the provision of a name, address or other identifying information is
optional. Speakers are limited to three minutes each; the Mayor may adjust the time limit in
light of the number of anticipated speakers.
All votes are unanimous unless separately noted for the record.
1. CALL TO ORDER - 7:00 p.m. - Council Chambers
2. PLEDGE OF ALLEGIANCE TO THE FLAG
3. ROLL CALL
4. REPORT OUT FROM CLOSED SESSION
5. UPCOMING EVENTS
6. PRESENTATIONS
Central County Fire Department Presentationa.
7. PUBLIC COMMENTS, NON-AGENDA
Members of the public may speak about any item not on the agenda. Members of the public wishing to
suggest an item for a future Council agenda may do so during this public comment period. The Ralph M .
Brown Act (the State local agency open meeting law) prohibits the City Council from acting on any matter
that is not on the agenda.
Page 1 City of Burlingame Printed on 2/16/2017
February 21, 2017City Council Meeting Agenda - Final
8. APPROVAL OF CONSENT CALENDAR
Consent calendar items are usually approved in a single motion, unless pulled for separate discussion .
Any member of the public wishing to comment on an item listed here may do so by submitting a speaker
slip for that item in advance of the Council’s consideration of the consent calendar.
Approval of City Council Meeting Minutes February 6, 2017a.
Meeting MinutesAttachments:
Adoption of an Ordinance Repealing Ordinance 1219 and Amending Title 2 of the
Burlingame Municipal Code by Consolidating the City's General Election with
Statewide General Election Dates Commencing November 2022
b.
Staff Report
Proposed Ordinance
Ordinance 1219
Attachments:
Adoption of an Ordinance Amending Chapter 18.10 of the Burlingame Municipal Code
to Amend the 2016 California Residential Code for Accessory Dwelling Units with Local
Amendments
c.
Staff Report
Ordinance
BMC Chapter 18.10 Residential Code (Redline showing changes)
Attachments:
Adoption of a Resolution Authorizing the City Manager and His or Her Designee to
Approve and Execute the Master Agreement and the Program Supplement
Agreements for Federal -Aid Projects Between the City of Burlingame and the State of
California
d.
Staff Report
Resolution
Master Agreement
Program Supplement
Attachments:
Adoption of a Resolution to Comply with Assembly Bill 2135, Surplus Land Acte.
Staff Report
Resolution
Assembly Bill No. 2135
Attachments:
9. PUBLIC HEARINGS (Public Comment)
10. STAFF REPORTS AND COMMUNICATIONS (Public Comment)
Page 2 City of Burlingame Printed on 2/16/2017
February 21, 2017City Council Meeting Agenda - Final
Conceptual Plan for Burlingame Square Beautification Projecta.
Staff Report
Existing Site Photos
Conceptual Plan Overview
Conceptual Plan Elevation and Section
Plant Materials
Site Furnishings
Pavers
Cost Estimate
Attachments:
City Council Direction on Waiver of Building Permit Fees for Flood -Related Damage
Repair
b.
Staff ReportAttachments:
11. COUNCIL COMMITTEE AND ACTIVITIES REPORTS AND ANNOUNCEMENTS
Councilmembers report on committees and activities and make announcements.
12. FUTURE AGENDA ITEMS
13. ACKNOWLEDGMENTS
The agendas, packets, and meeting minutes for the Planning Commission, Traffic, Parking & Safety
Commission, Beautification Commission, Parks and Recreation Commission and Library Board of
Trustees are available online at www.burlingame.org.
14. ADJOURNMENT
Notice: Any attendees wishing accommodations for disabilities please contact the City Clerk at
(650)558-7203 at least 24 hours before the meeting. A copy of the Agenda Packet is available for
public review at the City Clerk's office, City Hall, 501 Primrose Road, from 8:00 a.m. to 5:00 p.m.
before the meeting and at the meeting. Visit the City's website at www.burlingame.org. Agendas and
minutes are available at this site.
NEXT CITY COUNCIL MEETING - Next regular City Council Meeting - Monday, March 6,
2017
VIEW REGULAR COUNCIL MEETING ONLINE AT WWW.BURLINGAME.ORG - GO TO
"CITY COUNCIL VIDEOS"
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 at 501
Primrose Road during normal business hours.
Page 3 City of Burlingame Printed on 2/16/2017
1
STAFF REPORT
AGENDA NO:
MEETING DATE: February 21, 2017
To: Honorable Mayor and City Council
Date: February 21, 2017
From: Margaret Glomstad, Parks and Recreation Director – (650) 558-7307
Subject: Study Session for a Public Art Display to Honor Anson Burlingame
RECOMMENDATION
Staff recommends that the City Council provide input regarding a public art display to honor
Anson Burlingame.
BACKGROUND
The City of Burlingame was named for Anson Burlingame (1820-1870). During Mr. Burlingame’s
life, he was a Massachusetts State Senator from 1853-54 and a member of the US House of
Representatives from 1855-61. During his House service, he took a stand against slavery. In
1861, President Abraham Lincoln appointed him as the Minister to China, a post which he held
for six years.
In 1866, Anson Burlingame purchased a large tract of land in present day Burlingame and
Hillsborough at the suggestion of his banker friend, William Ralston, for $54,757, likely intending
to return later.
Due to his excellent service with China, Emperor Tongzhi appointed him as Minister
Plenipotentiary to the United States and other Treaty European nations, 1867-1870. He is the
first and only person to become an envoy from the country to which he was originally assigned.
While he was in Beijing, he developed a “Cooperative Policy” that advocated common interests
among the Treaty Powers and China; helped introduce mining, telegraph and other technologies,
as well as international law; and demonstrated his belief in the equality of all people.
In 1868, on a tour of the U.S, he stressed equal treatment of the Chinese. He was responsible for
the Burlingame Treaty, a policy of non-interference that established China’s territorial integrity
and led in part to the controversial immigration of thousands of Chinese to America.
The tract of land that Burlingame purchased was surveyed in 1868. Though Burlingame’s name
remained on the map, he would never return to this area. He died of pneumonia in St.
Petersburg, Russia, on February 23, 1870.
In 1893, 23 years after his death, a group of wealthy men from San Francisco started organizing
an exclusive country club. They were inspired by the name Burlingame, still found on county
Study Session for a Public Art Display to Honor Anson Burlingame February 21, 2017
2
maps of the area, and they decided to call the club, “The Burlingame Country Club.” A few years
later in 1908, the town would be incorporated, and the name Burlingame would remain.
DISCUSSION
Staff and a subcommittee comprised of Vice Mayor Brownrigg and Councilmember Colson have
discussed honoring Anson Burlingame with some type of commissioned art piece in Washington
Park (two potential locations), at the Burlingame Avenue Train Station, or as part of the Post
Office development.
Although the City does not have a process in place for commissioning works of art, there is an Art
in Public Places (Exhibit A) policy that covers donated or loaned artwork. This policy could be
used as a baseline to develop a commissioned art policy. The subcommittee discussed the
potential of following a process similar to the one the Peninsula Hospital used in which they put
out a national call for design submissions and had a selection committee choose the winning
design.
FISCAL IMPACT
No funding has been allocated at the present time; however, donations, City funding, developer
funding, or a combination could be used to finance the project.
Exhibit:
Art in Public Places Policy
City of Burlingame - Art in Public Places Policy
Adopted December 6, 2004
I PURPOSE
Since public art is a cultural reflection of a community and its people, it is important that procedures be in
place for the acquisition and acceptance of art in t he city of Burlingame. The purpose of this policy is to
serve as a guide when considering aspects of public art, such as
A Selection and acceptance of donated or loaned artwork,
B Placement or site selection,
C Funding projected maintenance, and
D Deaccessioning or removal of artwork
Changes to this Public Art Policy shall be directed, by Council, for review to a task force comprised of
two (2) Beautification Commissioners, two (2) Library Board members and two (2) Parks & Recreation
Commissioners.
II DEFINITIONS
Art as described in this policy is art intended to enrich the public environment for both residents and
visitors. Art shall include, but not be limited to, sculptures, murals, paintings, graphic arts, mosaics,
photography, crafts, mixed media, and environmental works. It shall include all artwork that is to be
displayed for an extended period of time in a City- owned or leased facility or park, or a City- owned or
leased open space.
In this policy, Appropriate Commission refers to the City Commission whose sphere of influence is most
closely associated with the facility or site in question. For example, the Parks & Recreation Commission
will review applications for placement at park facilities or recreational buildings; the Library Board wi ll
review applications for placement at Library property; and the Beautification Commission will review
applications for other City property.
III SELECTION / ACCEPTANCE PROCESS
When reviewing works of art for loan or gift to the collection, the Counci l, appropriate commission, and
responsible department(s) shall consider whether:
A The artwork
1. is thought-provoking, memorable or enduring and shall reflect the diverse social,
cultural, or historic values of the City
2. is appropriate in terms of scale, form, content, and the environment
3. is durable relative to theft, vandalism and the environment
4. acknowledges and is sensitive to the importance of the contributions by local and
regional artists to the City of Burlingame’s art program
5. can be displayed on City property under the Federal and State Constitutions
6. meets the City of Burlingame’s general library collection standards for appropriateness,
and no depiction of specified sexual activities as defined in Chapter 10.58 of the
Burlingame Municipal Code nor any advocacy of racism nor depiction of graphic
violence shall be allowed.
B The City already owns sufficient examples or better examples of this type of object or the
objects by a particular artist in a particular style
C The City has the facilities and resources necessary to properly care for and safe keep the
object. The City has limited facilities and must consider the cost of processing, insuring,
and maintaining the new artwork.
D Whether the artist or donor is prepared to execute a contract or other document which, in
the estimation of the City Attorney and City Manager, protects and serves the fiscal and
other interests of the City in connection with the acquisition or donation of the artwork
proposed for display in a public area.
IV SITE SELECTION
When selecting sites for works of art for loan or gift to the collection, the Council , the appropriate
commission, and responsible department(s) shall consider:
A Whether the artwork can be properly installed, placed to be seen, and di splayed with patron
safety in mind
B Compatibility of design and location within unified design character or historical character
of site, preservation and integration of natural features of the project
C Site design including landscaping, drainage, grading, lighting and seating considerations
D Environmental impacts such as noise, sound and light
E Public accessibility to the artwork, particularly handicapped areas
F Impact on adjacent property owner’s views
G Impact on operational functions of the City
After consideration of the above, final selection of site location is the decision of the City Council.
V FORM OF RECOMMENDATION TO COUNCIL
Applications to donate artwork to the City will be made to the City Manager’s office and will be routed to
the Appropriate Commission. The Appropriate Commission will consider the staff’s recommendation or
comments, the criteria above, including written documentation, and, after a 30 -day review period, will
conduct a public hearing before making a recommendation to t he City Council. The notice of the
proposed public art will be published in the local newspaper at least fifteen (15) days before the end of the
review period and will be delivered to property owners who live within 300’ and are in view of the
artwork. The documentation of the proposed public art will be available for review at the City Clerk’s
office during this period.
Three members of the City Council must vote affirmatively in order to approve the decision. The City
Manager will notify donors of t he City Council’s decision. The notification, if the donation is approved,
will include a description of the location where the art will be placed.
The donation offer may be withdrawn at any time up until execution of an agreement between the City
and the donor(s).
VI MAINTENANCE OF ART IN PUBLIC PLACES:
The City Clerk shall maintain detailed records of all artworks acquired. The records shall include all
items outlined in the application attached to this policy.
The work of art will be maintained with the same care as the City does in keeping and maintaining other
similar City property. Upon receipt of the work of art pursuant to this policy, the City will be responsible
for insuring the work of art as it determines appropriate in its sole discret ion; however, nothing in this
policy shall imply that the City has any obligation to purchase or obtain any insurance regarding the work
of art of any kind. Staff will take into account the donor’s or artist’s recommendations for the
appropriate method and frequency of maintenance for each work of art.
It shall be the responsibility of the City to:
A Provide for the regular inspection of public artworks
B Ensure that all maintenance of public artworks is completed with the highest standards of
professional conservation
C Report on the location and condition of each artwork to the City Council each year in time
for budget preparation, including recommendations for the restoration, repair, or
maintenance of artworks, and estimated costs
In the event repair, alteration, or refinishing of the artwork is required, the City shall first give the artist
the opportunity to do the work for a reasonable fee if possible. However, it is recognized that the insurer
of the artwork may require the repair, alteration, or refinishing to be done by the insurer’s contractors. In
the event the artist is unable or refuses to do the work for such a fee, the City may proceed to contract for
the work with another qualified artist.
VII REMOVING (DEACCESSIONING) ARTWORK
Artwork may be removed from the City of Burlingame’s art collection following review by the
Appropriate Commission if:
A The artwork’s physical or structural condition poses a threat to public safety.
B The artwork requires excessive maintenance, has faulty design or workmanship, and repair
or remedy is impractical or unfeasible.
C The artwork has been damaged and repair or remedy is impractical or unfeasible.
D The condition or security of the artwork cannot be reasonably guaranteed.
E Significant changes in the use, character or design of the site have occurred which affects
the integrity of the artwork.
F Significant, adverse public reaction has continued unabated over an extended period of
time
G Removal is requested by the artist or donor.
Removal should be a seldom-employed action that operates with a strong presumption against removing
works from the collection. Removal will be undertaken only in extreme circumstances, and primarily
when the condition of the artwork makes conservation impossible for technica l or financial reason.
Removal Procedures
Prior to removing artwork, the Appropriate Commission shall prepare a written report for each object it
recommends to be removed. The report shall include:
A Title, artist medium, dimensions, and present locati on of the artwork
B The origin/source of the artwork
C Slide(s) and/or photograph(s) of the artwork
D Report on the condition of the artwork
E Estimated value of the artwork
F Justification for disposal of the artwork
G Recommendation for method of disposal of the artwork
A copy of this report shall be distributed to each member of the Appropriate Commission for review at
least one month prior to the meeting at which the removal of the work will be considered. Each member
of the Appropriate Commission sha ll physically inspect the work and the Commission shall conduct a
public hearing before voting on whether or not to remove the artwork. Prior to the Commission meeting,
staff shall make a reasonable effort to locate the donor or his/her heirs to advise th em of the City’s
consideration to remove the artwork and reasons for the decision.
A report of the decision to remove the artwork will be given to the City Council. The decision of the
Appropriate Commission will be deemed final, unless called up by a member of the City Council for
Council approval. Disposition of artwork shall be handled in accordance with the requirements of Civil
Code sections 987 and following and City procedures for disposition of surplus property.
VIII ON-LOAN POLICIES
The City Council may wish to accept donated artwork to the City for display on a temporary basis.
Policies in addition to those listed in this document should be developed prior to the acceptance of
artwork on a temporary basis.
IX FUNDING FOR ART IN PUBLIC PLA CES
The City of Burlingame shall establish a special reserve account designated as the Art in Public Places
Fund. This reserve account shall be credited annually, with funds allocated by the City through the
budgetary process and monies received through d onations or grants or otherwise obtained. The fund is to
be maintained and administered by the City’s Finance Director.
This account shall be used for the maintenance of public art. Expenditures of funds may include, but are
not limited to, the following uses: costs associated with the transportation, installation, insurance,
maintenance, repair, or restoration of artwork, and any costs to administer the art in Public Places
program or purchase objects necessary for the proper presentation of the artwork .
If individuals, entities, or groups donate undesignated funds to the Art in Public Places Program, the funds
shall be deposited into the Art in Public Places Fund. The City Manager shall direct an Appropriate
Commission to designate the funds for either the maintenance or purchase of artwork.
X PUBLIC ART PROPOSAL
Any person wishing to donate artwork to the City of Burlingame must complete a Donation of Public Art
Application, available in the City Manager’s office.
The application and accompanying materials shall include the following:
A Photo, plans, model or other representation of proposed artwork
B Proposed location of the artwork
C Statement of reason for donation
D Description of the artwork, including dimensions, weight, finish, and colo r, and system for
mounting or displaying the artwork
E Any special maintenance, mounting or display requirements
F Artist biography
G Statement of the approximate value of the proposed donation
H Signage proposed for the artwork, including size, lettering and material
(Note: signage shall be limited to the artist’s name, title, and date of work, and where
appropriate, a dedication. The name of the donor or lender may be part of the installation)
City of Burlingame’s
Donation of Public Art Application
(Please complete this application as fully as possible) Date:____________________
Project Name _________________________________________________________________________
Proposed Location/Address ______________________________________________________________
______________________________________________________________________________
Proposed by__________________________________________________________________________
Phone __________________________ Email _______________________________________
Address__________________________________ City__________________ Zip__________
Reason for donation __________________________________________________________________
Artist Name __________________________________________________________________________
Phone __________________________ Email _______________________________________
Address__________________________________ City__________________ Zip__________
Description of Artwork (Include finish and color)
_______________________________________________________________________________
_______________________________________________________________________________
Approximate Weight ______________ Approximate Dimensions ___________________________
System for Mounting of Displaying Artwork
_______________________________________________________________________________
_______________________________________________________________________________
Maintenance, Mounting or Display Requirements
_______________________________________________________________________________
_______________________________________________________________________________
Approximate Value: $___________ Approximate Annual Maintenance Costs: $___________
Please attach
Photo, plans, model or other representation of proposed artwork
Artist biography
Signage proposed for the artwork, including size, lettering and material
Agenda Item 8a
Meeting Date: 2/21/17
Burlingame City Council February 6, 2017
Unapproved Minutes
1
BURLINGAME CITY COUNCIL
Unapproved Minutes
Regular Meeting on February 6, 2017
1. CALL TO ORDER
A duly noticed regular meeting of the Burlingame City Council was held on the above date in t he City Hall
Council Chambers.
2. PLEDGE OF ALLEGIANCE TO THE FLAG
The pledge of allegiance was led by Jennifer Pfaff.
3. ROLL CALL
MEMBERS PRESENT: Beach, Brownrigg, Colson, Keighran, Ortiz
MEMBERS ABSENT: None
4. REPORT OUT FROM STUDY SESSION
A study session was held on tree ordinance revisions in the Council Chambers.
5. UPCOMING EVENTS
Mayor Ortiz reviewed the upcoming events taking place in the City.
6. PRESENTATIONS
a. NOMAD CITY FLAG PRESENTATION
Students from Nomad, a mobile project based middle school, made a presentation to the City Council on the
creation of a City flag. The students explained that currently the City of Burlingame doesn’t have a City
flag. Therefore, after studying flag design and learning common design flaws, the students met with
Councilmember Keighran to gain her input.
The students presented their flag design to the City Council. The flag was done in the colors of
Burlingame’s seal, with a maple tree in the middle and Burlingame, California written under the tree.
Agenda Item 8a
Meeting Date: 2/21/17
Burlingame City Council February 6, 2017
Unapproved Minutes
2
Council thanked the students for their hard work and creativity.
b. STORM UPDATE
DPW Murtuza made a presentation concerning the January 20, 2017 winter storm. He stated that after the
storm, staff consulted with outside industry experts and reviewed data from NOAA and other sources to
better understand what happened in Burlingame.
DPW Murtuza gave a brief background of the previous storms leading up to January 20th. He stated that
between November 2016 and January 19, 2017, the City received 21 inches of rainfall. Moreover, he stated
that 12 inches of the rainfall occurred in the two weeks prior to January 20, 2017. Accordingly, the ground
was waterlogged.
DPW Murtuza reviewed the tide schedule and the rainfall levels on the morning of January 20th. He
explained that staff discovered that in 30 minutes the City received almost 2 inches of rain. Moreover, he
added that this was during high tide which intensified the issue. Mr. Murtuza used maps to show where the
rain collected that morning and caused flooding.
DPW Murtuza reviewed staff’s response on the morning of January 20th. He explained that the City always
has a staff member on “standby” 24 hours a day in the event of an emergency. That morning, the standby
staff member was alerted that there was an issue prior to 5:00 a.m. at the Cal/Grove Pump Station. He stated
that each pump station has a system of alarms, controls and programming that constantly measures how the
pumps are working. The Cal/Grove Pump Station has 4 pumps that are designed to turn off in order to give
themselves a break while others are turned on. However, Mr. Murtuza stated that when the staff member
arrived at Cal/Grove Pump Station, he was notified that there was a period of time when all four pumps
weren’t running. He stated that staff is currently reviewing why this occurred.
DPW Murtuza stated that staff responded to several alarms at the pump stations and received 113 phone calls
from residents regarding flooding.
In reviewing the next steps, DPW Murtuza stated that the City hired EDCO, an outside consultant, to
determine what caused the pumps at Cal/Grove to not all run that morning. As well, staff was setting up
meetings with affected residents to provide information. Lastly, DPW Murtuza added that staff is reviewing
the feasibility of installing additional warning and notification systems to alert staff of issues in the future.
Councilmember Keighran asked if in recent history, the City experienced a storm of a similar caliber. DPW
Murtuza replied in the negative.
Councilmember Beach asked what the procedures are in place for staff to track incoming storms. DPW
Murtuza stated that staff reviews the storm warnings ten days out and receives updates from CCFD and the
County. However, he stated that in this situation, it was not predicted that the storm would settle on the
peninsula for any amount of time.
Agenda Item 8a
Meeting Date: 2/21/17
Burlingame City Council February 6, 2017
Unapproved Minutes
3
Councilmember Colson asked how many residents were impacted by the storm. DPW Murtuza stated that
staff received 113 phone calls and City Attorney Kane stated that the City has received 7 claims.
Vice Mayor Brownrigg stated that he would support putting sensors in creeks if staff felt that this would
assist in the future to prevent flooding.
Vice Mayor Brownrigg asked if the storm drain system was separate from the creeks. DPW Murtuza replied
in the affirmative.
Councilmember Colson asked if because it was high tide during the worst of the storm, if it became more
challenging for the pumps to pump the water out. DPW Murtuza replied in the affirmative.
Mayor Ortiz asked if hypothetically, all four pumps had worked, would the pumps have been able to push
against the high tide to evacuate the water. DPW Murtuza stated that more data is needed as other issues
could have contributed like the high water levels in the creeks.
Mayor Ortiz asked if DPW Murtuza meant that the pumps may have shut off because there was nowhere for
the water to go. DPW Murtuza stated that this is a possibility.
Mayor Ortiz stated that many residents informed him that once staff arrived the water levels quickly
decreased. DPW Murtuza stated that by the time staff arrived the worst of the storm was over, and that staff
was able to override the shutdown of pumps to turn them back on.
Councilmember Keighran asked if in the future there was a way to reset the alarms so that staff received an
earlier alert. DPW Murtuza stated that staff is looking into this.
Councilmember Beach asked if Burlingame received more rainfall than other neighboring communities.
DPW Murtuza stated that he doesn’t have details about the storm’s impact on other cities.
Councilmember Beach asked if only the Cal/Grove Pump Station’s pumps had turned off that morning.
DPW Murtuza replied in the affirmative.
Burlingame residents Heather H., Deb Donaldson, Steve Maco, Vira Wilson, and a few others spoke about
their concerns over: 1) staff’s response time to the flooding; 2) sewer and water flooding; 3) FEMA flood
zone; and 4) creek maintenance and safety. As well, they each spoke of the damage to their own property
and asked who they should contact about issues. And lastly, they asked the City to look into preventative
measures such as more staff on call and earlier warning alarms.
DPW Murtuza asked the residents who spoke to leave their contact information with him in the back. As
well, he discussed how before winter storm season, staff sends letters to property owners about creek
cleaning, repairs, unclogging areas, etc. He stated that staff needs to look into how they can improve
outreach.
Agenda Item 8a
Meeting Date: 2/21/17
Burlingame City Council February 6, 2017
Unapproved Minutes
4
Councilmember Keighran asked what happens if a resident contacts the City about an individual’s failure to
maintain their portion of a creek. DPW Murtuza stated that under the code there is no enforcement
mechanism for the City to ensure that individuals properly maintain the creeks. He explained that creeks are
under the authority of the Department of Fish and Wildlife. City Attorney Kane stated that staff would look
at how other cities have addressed this issue.
Councilmember Colson asked if the City increased the number of staff on call, would the City need to hire
additional staff. DPW Murtuza stated that he would need to get back to Council on this.
Councilmember Beach asked about the storm drains in the hills and if there had been any issues with them
during the storm. DPW Murtuza stated that staff does cleanings of the storm drains before and after storms.
He stated that during storms debris can clog the drains. Therefore, staff performs ongoing maintenance by
cleaning and checking on drains during storms. DPW Murtuza stated that during the storm there were no
issues with the storm drains in the hills. He stated that the issues in the flat areas of Burlingame were caused
by the intensity of rainfall.
Councilmember Beach asked that staff review what lessons they learned and plan what they can do to
prepare for the next storm. DPW Murtuza replied in the affirmative.
Vice Mayor Brownrigg stated that Council will support added budget if that is what it takes going forward.
He also discussed having an early warning system for the neighbors so that they knew when a storm was
coming and could take measures to prevent damage. He asked that staff look into increased outreach.
7. PUBLIC COMMENT
Burlingame resident Don Pope discussed his support for Topgolf developing at the golf center site.
8. CONSENT CALENDAR
Mayor Ortiz asked the Councilmembers and the public if they wished to remove any item from the Consent
Calendar. No items were removed.
Vice Mayor Brownrigg made a motion to approve the consent calendar; seconded by Councilmember
Keighran. The motion was approved unanimously by voice vote; 5-0.
a. APPROVAL OF CITY COUNCIL MEETING MINUTES JANUARY 17, 2017
City Clerk Hassel-Shearer requested Council’s approval of City Council Meeting Minutes for January 17,
2017.
Agenda Item 8a
Meeting Date: 2/21/17
Burlingame City Council February 6, 2017
Unapproved Minutes
5
b. APPROVAL OF CITY COUNCIL MEETING MINUTES JANUARY 28, 2017
City Clerk Hassel-Shearer requested Council’s approval of City Council Meeting Minutes for January 28,
2017.
c. APPROVAL OF CITY COUNCIL MEETING MINUTES DECEMBER 6, 2016
CDD Meeker requested Council’s approval of City Council Meeting Minutes December 6, 2016.
d. ADOPTION OF A RESOLUTION MAKING FINDINGS PURSUANT TO THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) AND ADOPTION OF AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BURLINGAME AMENDING
TITLE 25 (ZONING CODE) OF THE BURLINGAME MUNICIPAL CODE, CHAPTERS
25.08, 25.26, 25.50, 25.59, 25.60, AND 25.70 TO UPDATE EXISTING SECONDARY
DWELLING UNIT REGULATIONS TO BE CONSISTENT WITH RECENTLY ADOPTED
AMENDMENTS TO CALIFORNIA GOVERNMENT CODE SECTION 65852 RELATED TO
ACCESSORY DWELLING UNITS
CDD Meeker asked Council to adopt Ordinance 1939 and Resolution Number 11-2017.
e. OPEN NOMINATION PERIOD TO FILL TWO VACANCIES ON THE PLANNING
COMMISSION
City Manager Goldman asked Council to open the nomination period to fill two vacancies on the Planning
Commission.
f. QUARTERLY INVESTMENT REPORT, PERIOD ENDING DECEMBER 31, 2016
Finance Director Augustine asked Council to adopt the Quarterly Investment Report, period ending
December 31, 2016.
9. PUBLIC HEARINGS
a. INTRODUCTION OF, AND PUBLIC HEARING REGARDING, AN ORDINANCE
AMENDING CHAPTER 18.10 OF THE BURLINGAME MUNICIPAL CODE TO AMEND
THE 2016 CALIFORNIA RESIDENTIAL CODE FOR ACCESSORY DWELLING UNITS
WITH LOCAL AMENDMENTS
Central County Fire Department Fire Marshall Yballa presented the staff report concerning an ordinance to
amend Chapter 18.10 of the Burlingame Municipal Code; which adopts by reference the 2016 edition of the
California Residential Code, California Code of Regulations, Title 24 (CCR-T24 Part 2.5). He stated that
these amendments are required by the State of California after passage of Senate Bill 1069.
Agenda Item 8a
Meeting Date: 2/21/17
Burlingame City Council February 6, 2017
Unapproved Minutes
6
Fire Marshall Yballa stated that additionally the proposed ordinance includes “clean-up” language to the
recent November 2016 adoption of the California Residential Code as amended by the Burlingame
Municipal Code.
Mayor Ortiz asked the City Clerk to read the title of the ordinance.
Vice Mayor Brownrigg made a motion to waive further reading and introduce the ordinance; seconded by
Councilmember Colson. The motion passed unanimously by voice vote, 5-0.
Mayor Ortiz opened the public hearing.
Burlingame resident Tom Payne stated that he understood that Council was mandated to make these changes.
However, he asked that Council consider reviewing appropriate setbacks for structures on properties.
Mayor Ortiz closed the public hearing.
Vice Mayor Brownrigg stated that Council would be reviewing the regulations for accessory dwelling units.
He stated that he would suggest the Council consider appropriate setbacks and converting basements into
accessory dwelling units.
Councilmember Beach made a motion to bring back the ordinance at the February 21, 2017 meeting;
seconded by Vice Mayor Brownrigg. The motion passed unanimously by voice vote, 5-0.
b. PUBLIC HEARING TO CONSIDER REPEALING ORDINANCE 1219 AND AMENDING
TITLE 2 OF THE BURLINGAME MUNICIPAL CODE BY CONSOLIDATING THE
CITY’S GENERAL ELECTION WITH STATEWIDE GENERAL ELECTION DATES
COMMENCING NOVEMBER 2022
City Clerk Hassel-Shearer presented the staff report introducing an ordinance to repeal Ordinance 1219 and
amend Title 2 of the Burlingame Municipal Code by consolidating the City’s general election with statewide
general election dates commencing November 2022.
City Clerk Hassel-Shearer stated that based on Council direction, the proposed ordinance consolidates the
City’s general election with statewide general election dates by holding the November 2017 election for
three seats each for a five-year term, and the November 2019 election for two seats each for a five-year term.
Mayor Ortiz asked the City Clerk to read the title of the ordinance.
Councilmember Keighran made a motion to waive further reading and introduce the ordinance; seconded by
Councilmember Colson. The motion passed unanimously by voice vote, 5-0.
Mayor Ortiz opened up the public hearing. No one spoke.
Agenda Item 8a
Meeting Date: 2/21/17
Burlingame City Council February 6, 2017
Unapproved Minutes
7
Vice Mayor Brownrigg stated that the Council hopes to use vote by mail elections to decrease the expected
costs of holding elections in 2017 and 2019.
Vice Mayor Brownrigg made a motion to bring the ordinance back for adoption at the February 21, 2017
meeting; seconded by Councilmember Colson. The motion passed unanimously by voice vote, 5-0.
10. STAFF REPORTS AND COMMUNICATIONS
a. REPORT ON IMPLEMENTATION OF MULTI-FAMILY SMOKING BAN
City Attorney Kane presented the staff report on the implementation of the multi-family smoking ban. She
stated that in 2015, Council passed Ordinance 1919 which prohibited smoking in multi-family housing. She
explained that Council requested that staff update them on the implementation and enforcement of the ban.
City Attorney Kane stated that the ban had a slow roll out period to allow time for staff to ensure outreach
and education on the ban to all interested parties. She added that the City’s Code Enforcement Officer
conducted an extensive education campaign on the ban; including reaching out to landowners; creating flyers
and helping apartment managers educate their tenants.
City Attorney Kane stated that the City received a low amount of calls after the ban was rolled out.
However, she stated that those who do call the City about infractions on the ban are persistent. She stated
that the City has limited enforcement capabilities. She explained that the ban involves behavior inside
residential units and that occupants’ 4th amendment rights may prevent code enforcement officers and police
from entering those units. Therefore, because it is difficult to document the behavior it becomes hard to
charge people with an infraction of the code.
City Attorney Kane stated that Council understood these limitations when they adopted the ordinance.
However, she explained the ordinance was adopted to provide residents with leverage over their neighbor’s
nuisance behavior. She stated that in some instances the desire effect was achieved; however in some
instances staff wasn’t able to effect a change in behavior.
Councilmember Beach asked if the County’s resources were of any help in enforcement. City Attorney
Kane replied in the negative.
Mayor Ortiz stated that it appears more people are going outside to smoke. He stated that this seems to
support the idea that the ordinance is effective and asked the City Attorney if she had data to support this
idea. She stated that at this point there is no way to track that data.
Councilmember Colson stated that she believed staff was on the right track and that staff’s outreach and
education was assisting in decreasing the nuisance behavior in multi-family housing.
Mayor Ortiz opened the item up for public comment.
Agenda Item 8a
Meeting Date: 2/21/17
Burlingame City Council February 6, 2017
Unapproved Minutes
8
Former Councilmember John Root voiced his support for the ordinance.
Mayor Ortiz and Vice Mayor Brownrigg stated that they were glad this law was in place.
11. COUNCIL COMMITTEE AND ACTIVITIES REPORTS AND ANNOUNCEMENTS
Council reported on various events and committee meetings they each attended on behalf of the City.
12. FUTURE AGENDA ITEMS
Councilmember Beach suggested reaffirming the City’s stance on welcoming diversity and inclusivity. Staff
stated that they would look into how to put this before the Council.
Vice Mayor Brownrigg asked for a social media policy for Council. Staff stated that they would work on
this matter.
13. ACKNOWLEDGEMENTS
a. JANUARY 2017 PERMIT ACTIVITY
14. ADJOURNMENT
Mayor Ortiz adjourned the meeting at 9:13 p.m. in memory of Angel “Bill” Garcia.
Respectfully submitted,
Meaghan Hassel-Shearer
City Clerk
1
STAFF REPORT
AGENDA NO:
MEETING DATE: February 21, 2017
To: Honorable Mayor and City Council
Date: February 21, 2017
From: Meaghan Hassel-Shearer, City Clerk – (650) 558-7203
Subject: Adoption of an Ordinance Repealing Ordinance 1219 and Amending Title 2
of the Burlingame Municipal Code by Consolidating the City’s General
Election with Statewide General Election Dates Commencing November
2022
RECOMMENDATION
Staff recommends that the City Council adopt the attached ordinance repealing Ordinance 1219
and amending Title 2 of the Burlingame Municipal Code by consolidating the City’s general
election with statewide general election dates commencing November 2022 by:
1. Adopting the proposed ordinance;
2. Directing the City Clerk to publish a summary of the ordinance within 15 days of adoption;
3. Directing the City Clerk to send the adopted ordinance to the San Mateo County Board of
Supervisors for their approval; and
4. Directing the City Clerk to notify all registered voters in Burlingame of the change in
election year by mail upon approval from the San Mateo County Board of Supervisors.
BACKGROUND
On September 1, 2015, Governor Brown signed into law SB 415, the “California Voter
Participation Rights Act.” The legislation proposes to address declining voter turnout and voter
fatigue by coordinating local elections with even-year state elections. SB 415 prohibits
jurisdictions from holding an election on a date other than on a statewide election date if the voter
turnout for a regularly scheduled local election resulted in a significant decrease in voter turnout.
A “significant decrease in voter turnout” is defined as voter turnout for a regularly scheduled
election that is at least 25% less than the average voter turnout for that jurisdiction in the previous
four statewide general elections. If a jurisdiction experiences a significant decrease in voter
turnout, the jurisdiction would be required to adopt a plan to consolidate elections with the
statewide election date by January 1, 2018.
Title 2 – Consolidating City Elections with Statewide General Election Date February 21, 2017
2
The table below shows the voter turnout percentages in the past four statewide general elections.
Statewide General
Election Year
Registration Voter Turnout Turnout Percentage
2016 17,612 15,002 85.2%
2014 15,695 5,232 33.3%
2012 16,045 13,344 83.2%
2010 15,372 5,472 35.6%
The average voter turnout in the past four statewide general elections for Burlingame is 59.3%.
If voter turnout during Burlingame’s municipal elections is less than 44.5%, (25% less than the
average turnout rate), the City must move its elections to an even-year cycle.
The table below shows the voter turnout percentages in the past four municipal elections.
Burlingame General
Election Year
Registration Voter Turnout Turnout Percentage
2015 15,702 5,948 37.9%
2013 15,857 5,114 32.3%
2011 14,756 6,099 41.3%
2009 15,295 5,188 33.9%
None of the past four municipal elections had a voter turnout rate that was above the required
44.5%. Therefore, Burlingame must comply with SB 415 and implement changes to coordinate
its election cycle with the statewide even-year cycle.
DISCUSSION
At its December 5, 2016 and January 17, 2017 meetings, the City Council reviewed various
options on how to move municipal elections to an even year schedule. After careful
consideration, the Council directed staff to draft an ordinance that would consolidate the City’s
general municipal election with a statewide general election date by holding the November 2017
election for three City Councilmembers each for a five-year term, and the November 2019
election for two City Councilmembers each for a five-year term. The proposed ordinance
specifies that City elections beginning in November 2022 will be for four-year terms. A public
hearing was held on the proposed ordinance at the City Council’s February 6, 2017 meeting.
FISCAL IMPACT
It is not yet known what the fiscal impact will be when the Council consolidates its elections to an
even-year cycle. However, it can be predicted that the more jurisdictions sharing the costs of an
election, the more savings the City will see.
Likewise, by holding elections in 2017 and 2019, the City will see an increase in cost as there will
be fewer jurisdictions sharing in the cost of the election. Not all jurisdictions have made a
Title 2 – Consolidating City Elections with Statewide General Election Date February 21, 2017
3
decision yet on how to move their elections to an even-year cycle. However, it is known that the
following jurisdictions will be sharing election costs in 2017- City of San Mateo, City of San Bruno,
San Carlos School District, Portola Valley School District, and San Mateo Foster City School
District. It is difficult to predict with certainty at this point which of those jurisdictions will also be
holding fall 2019 elections.
Exhibits:
Proposed Ordinance
Ordinance 1219
ORDINANCE NO. __________
1
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BURLINGAME
REPEALING ORDINANCE 1219 AND AMENDING THE BURLINGAME
MUNICIPAL CODE AMENDING TITLE 2 BY CONSOLIDATING THE CITY’S
GENERAL ELECTION WITH THE STATEWIDE ELECTION DATE
COMMENCING NOVEMBER 2022.
The City Council of the City of Burlingame hereby ordains as follows:
Section 1. Factual Background
WHEREAS, Ordinance 1219 consolidated the City’s General Election with the local
school districts in an odd-year cycle; and
WHEREAS, on September 1, 2015 the California Voter Participation Act (Senate Bill
415) was passed, prohibiting local governments from holding an election on a date other than
on a statewide election date if the voter turnout for a regularly scheduled local election resulted
in a significant decrease in voter turnout – at least 25% less than the average voter turnout
within the City for the previous four statewide general elections; and
WHEREAS, if an agency experiences a significant decrease in voter turnout, the agency
is required to adopt a plan to consolidate elections with the statewide election date by January
1, 2018; and
WHEREAS, the City of Burlingame meets SB 415’s definition of a “significant decrease
in voter turnout,” and will therefore be required to develop a plan to consolidate with a statewide
election before January 1, 2018; and
WHEREAS, to comply with the State-imposed requirements of SB 415, the City Council
has determined that the most appropriate method of compliance is to consolidate the City’s
general municipal election with a statewide general election date by holding the November 2017
election to elect three City Councilmembers each for a five year term, and the November 2019
election for two City Councilmembers each for a five year term.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BURLINGAME DOES
ORDAIN AS FOLLOWS:
Section 2. The City Council hereby repeals Ordinance 1219 and amends the Burlingame
Municipal Code as follows:
Chapter 2.19 will be incorporated and read as follows:
2.19 General Municipal Election
Pursuant to Elections Code Sections 1301 and 10403.5, the general municipal election
in the City of Burlingame for the offices of City Councilmember shall be the first Tuesday
ORDINANCE NO. __________
2
following the first Monday in November of even-numbered years commencing in
November 2022.
2.19.010 City Councilmembers – Election – Terms of Office
(a) The three City Councilmembers elected in November 2017 general municipal
election shall service for a term of five years, from the Tuesday succeeding their
election and until their successors are elected and qualified in 2022.
(b) The two City Councilmembers elected in November 2019 general municipal
election shall serve for a term of five years, from the Tuesday succeeding their
election and until their successors are elected and qualified in 2024.
(d) The terms of City Councilmembers elected in November 2022, and in each
subsequent general municipal election shall be, in accordance with State law, for
a term of four years, from the Tuesday succeeding their election and u ntil their
successors are elected and qualified.
Section 3. Pursuant to Elections Code Section 1301 and 10403.5, this Ordinance shall not
become operative until approved by the San Mateo County Board of Supervisors.
Section 4. Pursuant to Elections Code Section 10403.5(e) within thirty days after the
Ordinance becomes operative, the City Elections Official shall cause a notice to be mailed to all
registered voters within the City of Burlingame informing the voters of the change in the election
date and the change in the length of terms for Councilmembers elected in 2017 and 2019.
Section 5. The City Clerk is hereby directed to:
(a) Certify to the passage and adoption of this Ordinance and cause the same to be published
in accordance with the requirements of Section 36933 of the Government Code of the
State of California; and
(b) Transmit without delay, a certified copy of the Ordinance to the County of San Mateo
Elections Division and to the Clerk of the Board of Supervisors of the County of San
Mateo, together with the request that said Board approve this Ordinance and provide the
City with notice of such approval; and
(c) Within thirty days after approval of this Ordinance by the Board of Supervisors of the
County of San Mateo, cause a notice to be mailed to all registered voters in the City of
Burlingame, informing them of the change in the general municipal election date and the
change in the length of terms for Councilmembers elected in 2019 and 2019.
Section 6. This ordinance, or a summary as applicable, shall be published as required by law
and shall become effective 30-days thereafter.
ORDINANCE NO. __________
3
____________________________________
Ricardo Ortiz, Mayor
I, Meaghan Hassel-Shearer, City Clerk of the City of Burlingame, do hereby certify t hat the
foregoing ordinance was introduced at a regular meeting of the City Council held on the 6th day
of February, 2017, and adopted thereafter at a regular meeting of the City Council held on the
___ day of _______________ 2017, by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
___________________________________
Meaghan Hassel-Shearer, City Clerk
1
STAFF REPORT
AGENDA NO:
MEETING DATE: February 21, 2017
To: Honorable Mayor and City Council
Date: February 21, 2017
From: John Kammeyer, Fire Chief - (650) 558-7601
Subject: Adoption of an Ordinance Amending Chapter 18.10 of the Burlingame
Municipal Code to Amend the 2016 California Residential Code for
Accessory Dwelling Units with Local Amendments
RECOMMENDATION
Staff recommends that the City Council adopt the attached ordinance amending Chapter 18.10 of
the Burlingame Municipal Code, which adopts by reference the 2016 edition of the California
Residential Code, California Code of Regulations, Title 24 (CCR-T24 Part 2.5) by:
1. Adopting the proposed ordinance;
2. Directing the City Clerk to publish a summary of the ordinance within 15 days of adoption;
and
3. Directing the City Clerk to forward the adopted ordinance to the California Housing &
Community Development and the California Building Standards Commission.
BACKGROUND
On September 27, 2016 Governor Jerry Brown signed AB 2299 and SB 1069 into law. This
legislation amends Government Code section 65852.2, the regulations for accessory dwelling
units. The amendments are intended to streamline housing production in the face of the state’s
ongoing housing crisis by making it easier for property owners to create a second unit, which are
now to be referred to as “accessory dwelling units” or “ADUs” in single family homes.
The revisions to state law became effective on January 1, 2017. Local jurisdictions are required
to comply with the new requirements, which supersede local ordinances. Along with the City’s
recent amendments to the Zoning Code to meet the requirements of SB 1069, the Fire
Department seeks to amend the California Residential Code to recognize the mandates specified
by the new legislation. In addition, the proposed ordinance includes “clean-up” language to the
recent November 2016 adoption of the California Residential Code as amended by the
Burlingame Municipal Code.
Ordinance Regarding Accessory Dwelling Units February 21, 2017
2
DISCUSSION
The City Council conducted a duly noticed public hearing and discussed the proposed ordinance
at its regular meeting of February 6, 2017. No changes were requested. Therefore, the
proposed ordinance is presented to the City Council for adoption.
FISCAL IMPACT
None
Exhibits:
Ordinance
BMC Chapter 18.10 Residential Code (Redline showing changes)
ORDINANCE NO. __________
1
AN ORDINANCE OF THE CITY OF BURLINGAME AMENDING CHAPTER
18.10 OF THE BURLINGAME MUNICIPAL CODE; WHICH ADOPTS BY
REFERENCE THE 2016 EDITION OF THE CALIFORNIA RESIDENTIAL
CODE, CALIFORNIA CODE OF REGULATIONS, TITLE 24 (CCR-T24 PART
2.5)
The City Council of the City of Burlingame ordains as follows:
Division 1.
WHEREAS, on September 27, 2016 Governor Jerry Brown signed AB 2299 and SB
1069 into law. This legislation amends Government Code Section 65852.2, the regulations for
accessory dwelling units (ADUs, currently referred to as “Secondary Dwelling Units” in the
Burlingame Municipal Code). The amendments are intended to streamline housing production in
the face of the State’s ongoing housing crisis by making it easier for property owners to
construct an accessory dwelling unit associated with a single family dwelling. Under the
legislation such units are now to be referred to as “Accessory Dwelling Units”; and
WHEREAS, the revisions to State Law became effective on January 1, 2017. Local
jurisdictions are required to comply with the new requirements, which supersede local
ordinances. In addition, jurisdictions are required to provide a copy of the Accessory Dwelling
Unit ordinance to the State Department of Housing and Community Development (HCD) within
60 days of adoption, and;
WHEREAS, in order for the City of Burlingame to come fully into compliance with State
Law regarding accessory dwelling units, Burlingame Municipal Code Chapter 18.10 –
Residential Code must be modified to be consistent with the new State regulations; and
WHEREAS, at its regular meeting of February 6, 2017 the Burlingame City Council
introduced an ordinance amending Chapter 18.10 – Residential Code by title only, waiving
further reading, and conducted a duly noticed public hearing.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BURLINGAME DOES
ORDAIN AS FOLLOWS:
Division 2. Burlingame Municipal Code Chapter 18.10 – Residential Code is hereby amended
to read as follows:
ORDINANCE NO. __________
2
Chapter 18.10
RESIDENTIAL CODE
Sections:
18.10.010 Adoption of 2016 California Residential Code.
18.10.015 Section R111.4 added – Utility identification.
18.10.020 Section R309.6 deleted – Fire sprinklers.
18.10.025 Section R313.1 amended – Townhouse automatic fire
sprinkler systems.
18.10.030 Section R313.2 amended – One- and two-family dwellings automatic
fire systems.
18.10.035 Section R313.3.1.1 amended – Required sprinkler locations.
18.10.040 Section R313.3.2.7 added – Additions and alterations.
18.10.045 Section R313.3.2.8 added – All sprinklered buildings.
18.10.050 Section R313.3.3.1 amended – Nonmetallic pipe and tubing.
18.10.055 Table R313.3.6.2(9) deleted – Table R313.3.6.2(9) Allowable Pipe
Length for 1-inch PEX tubing
18.10.060 Section R313.3.6.2.2 amended – Calculation procedure. Step 8 –
Determine the maximum allowable pipe length
18.10.065 Section R313.3.8.1 amended – Pre-concealment inspection. #4
18.10.070 Section R313.3.8.1 amended – Pre-concealment inspection. #5
18.10.075 Section R319.1 amended – Address numbers.
18.10.080 Section R902.1 amended – Roof covering materials.
18.10.085 Section R902.1.3 amended – Roof covering in all other
areas.
18.10.090 Section R903.4.2 added – Roof and surface drainage.
18.10.095 Section R1003.9.2.1 added – Spark arrestors.
18.10.100 Appendix C, Figure C amended – Exit Terminals of
Mechanical Draft and Direct-Vent Venting Systems.
18.10.025 Section R313.1 amended – Townhouse automatic fire sprinkler systems.
Section R313.1 Exception of the 2016 California Residential Code is amended by
replacing with the following paragraph:
R313.1. Townhouse automatic fire sprinkler systems.
ORDINANCE NO. __________
3
An automatic residential fire sprinkler system shall be installed in townhouses.
R313.1.1 Existing Townhouse automatic fire sprinkler systems.
An automatic residential fire sprinkler system is required when additions and/or
alterations to existing townhouse buildings with a total building floor area more than
2,000 square feet or more than two stories in height, and when additions or alterations
for which a building permit is required exceeds 750 square feet in area or 20% of the
total square footage of the entire completed building.
Exception: Detached structures classified as an Accessory Dwelling Unit in accordance
with Burlingame Municipal Code Chapter 25.59 and no work has occurred in the
main residence to require an automatic residential fire sprinkler system.
18.10.030 Section R313.2 amended – One- and two-family dwellings automatic fire
systems.
Section R312.2 Exception of the 2016 California Residential Code is amended by
replacing with the following:
R313.2. One- and two-family dwellings automatic fire systems.
An automatic residential fire sprinkler system shall be installed in one- and two-
family dwellings.
Exception: Detached structures located in excess of 10 feet from the main house. For
the purposes of fire sprinklers, detached structures shall be considered as
portions of the main home when buildings are not separated in accordance with
705.3 of the California Building Code.
R313.2.1 Existing One- and two-family dwellings automatic fire systems.
An automatic residential fire sprinkler system is required when additions and/or
alterations to existing one- and two-family dwellings with a total building floor area more
than 2,000 square feet or more than two stories in height, and when additions or
ORDINANCE NO. __________
4
alterations for which a building permit is required exceeds 750 square feet in area or
20% of the total square footage of the entire completed building.
Exception:
1. Detached structures located in excess of 10 feet from the main house. For
the purposes of fire sprinklers, detached structures shall be considered as
portions of the main home when buildings are not separated in accordance
with 705.3 of the California Building Code.
2. Detached structures classified as an Accessory Dwelling Unit in accordance
with Burlingame Municipal Code Chapter 25.59 when no work has occurred
in the main house in a two-year period in excess of 750 square feet in area or
20% of the total square footage of the entire completed building as
determined by R313.3.2.7.
Division 3. This ordinance, or a summary as applicable, shall be published as required by law
and shall become effective 30 days thereafter.
____________________________________
Ricardo Ortiz, Mayor
I, Meaghan Hassel-Shearer, City Clerk of the City of Burlingame, do hereby certify that the
foregoing ordinance was introduced at a regular meeting of the City Council held on the 6 th day
of February, 2017, and adopted thereafter at a regular meeting of the City Council held on the
21st day of February, 2017, by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
___________________________________
Meaghan Hassel-Shearer, City Clerk
Section 8. Chapter 18.10 is added to read as follows:
Chapter 18.10
RESIDENTIAL CODE
Sections:
18.10.010 Adoption of 2016 California Residential Code.
18.10.015 Section R111.4 added – Utility identification.
18.10.020 Section R309.6 deleted – Fire sprinklers.
18.10.025 Section R313.1 amended – Townhouse automatic fire
sprinkler systems.
18.10.030 Section R313.2 amended – One- and two-family dwellings automatic
fire systems.
18.10.035 Section R313.3.1.1 amended – Required sprinkler locations.
18.10.040 Section R313.3.2.7 added – Additions and alterations.
18.10.045 Section R313.3.2.8 added – All sprinklered buildings.
18.10.050 Section R313.3.3.1 amended – Nonmetallic pipe and tubing.
18.10.055 Table R313.3.6.2(9) deleted – Table R313.3.6.2(9) Allowable Pipe
Length for 1-inch PEX tubing
18.10.060 Section R313.3.6.2.2 amended – Calculation procedure. Step 8 –
Determine the maximum allowable pipe length
18.10.065 Section R313.3.8.1 amended – Pre-concealment inspection. #4
18.10.070 Section R313.3.8.1 amended – Pre-concealment inspection. #5
18.10.075 Section R319.1 amended – Address numbers.
18.10.080 Section R902.1 amended – Roof covering materials.
18.10.085 Section R902.1.3 amended – Roof covering in all other areas.
18.10.090 Section R903.4.2 added – Roof and surface drainage.
18.10.095 Section R1003.9.2.1 added – Spark arrestors.
18.10.100 Appendix C, Figure C amended – Exit Terminals of
Mechanical Draft and Direct-Vent Venting Systems.
18.10.025 Section R313.1 amended – Townhouse automatic fire sprinkler systems.
Section R313.1 Exception of the 2016 California Residential Code is amended by
replacing with the following paragraph:
R313.1. Townhouse automatic fire sprinkler systems.
An automatic residential fire sprinkler system shall be installed in townhouses is
required when additions and/or alterations to existing townhouse buildings with a total
building floor area more than 2,000 square feet or more than two stories in height, and
when additions or alterations for which a building permit is required exceeds 750 square
feet in area or 20% of the total square footage of the entire completed building.
R313.1.1 Existing Townhouse automatic fire sprinkler systems.
An automatic residential fire sprinkler system is required when additions and/or
alterations to existing townhouse buildings with a total building floor area more than
2,000 square feet or more than two stories in height, and when additions or alterations for
which a building permit is required exceeds 750 square feet in area or 20% of the total
square footage of the entire completed building.
Exception: Detached structures classified as an Accessory Dwelling Unit in accordance
with Burlingame Municipal Code Chapter 25.59 and no work has occurred in the
main residence to require an automatic residential fire sprinkler system.
18.10.030 Section R313.2 amended – One- and two-family dwellings automatic fire
systems.
Section R312.2 Exception of the 2016 California Residential Code is amended by
replacing with the following:
R313.2. One- and two-family dwellings automatic fire systems.
An automatic residential fire sprinkler system shall be installed in one- and two-
family dwellings is required when additions and/or alterations to existing townhouse with
a total building floor area more than 2,000 square feet or more than two stories in height,
and when additions or alterations for which a building permit is required exceeds 750
square feet in area or 20% of the total square footage of the entire completed building.
Exception: Detached structures located in excess of 10 feet from the main house. For
the purposes of fire sprinklers, detached structures shall be considered as portions
of the main home when buildings are not separated in accordance with 705.3 of
the California Building Code.
R313.2.1 Existing One- and two-family dwellings automatic fire systems.
An automatic residential fire sprinkler system is required when additions and/or
alterations to existing one- and two-family dwellings with a total building floor area more
than 2,000 square feet or more than two stories in height, and when additions or
alterations for which a building permit is required exceeds 750 square feet in area or 20%
of the total square footage of the entire completed building.
Exception:
1. Detached structures located in excess of 10 feet from the main house. For the
purposes of fire sprinkelrs, detached structures shall be considered as portions
of the main home when buildings are not separated in accordance with 705.3
of the California Building Code.
2. Detached structures classified as an Accessory Dwelling Unit in accordance
with Burlingame Municipal Code Chapter 25.59 when no work has occurred
in the main house in a two-year period in excess of 750 square feet in area or
20% of the total square footage of the entire completed building as determined
by R313.3.2.7.
1
STAFF REPORT
AGENDA NO:
MEETING DATE: February 21, 2017
To: Honorable Mayor and City Council
Date: February 21, 2017
From: Syed Murtuza, Director of Public Works – (650) 558-7230
Subject: Adoption of a Resolution Authorizing the City Manager and His or Her
Designee to Approve and Execute the Master Agreement and the Program
Supplement Agreements for Federal-Aid Projects Between the City of
Burlingame and the State of California
RECOMMENDATION
Staff recommends that the City Council adopt the attached resolution authorizing the City
Manager and his or her designee to approve and execute a Master Agreement and Program
Supplement Agreements for federal-Aid projects between the City of Burlingame and the State of
California (Caltrans).
BACKGROUND
The State of California through Caltrans and the United States Government require local
agencies to execute a Master Agreement in order to be eligible to receive transportation funds
from the federal government. The City and Caltrans have entered into a number of master
agreements in the past in order for the City to receive federal aid assistance for vital
transportation projects.
For each specific project, a separate Supplemental Local Agency-State Agreement (Program
Supplement) is required to specify the Federal and City funds involved in the project and the
specific terms and conditions to the funding. The City will be receiving $986,000 in federal funds
for the Carolan Avenue Complete Streets Project. Caltrans has recently updated its Master
Agreement, and is requiring that the City Council adopt the attached resolution authorizing the
City Manager and his or her designee to approve and execute the updated Master Agreement
and Program Supplements for specific projects to efficiently administer federally funded
transportation projects.
FISCAL IMPACT
None.
Exhibits:
Resolution
Master Agreement and Program Supplement
RESOLUTION NO.
ADOPTION OF A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME
(CITY) AUTHORIZING THE CITY MANAGER AND HIS OR HER DESGINEE TO APPROVE
AND EXECUTE A MASTER AGREEMENT AND PROGRAM SUPPLEMENT AGREEMENTS
FOR FEDERAL-AID PROJECTS BETWEEN THE CITY OF BURLINGAME AND THE STATE
OF CALIFORNIA
WHEREAS, the City and the State of California (Caltrans) have entered into a number of
Master Agreements providing for federal aid assistance to the City in undertaking transportation
projects; and
WHEREAS, the State of California through Caltrans and the United States Government
require local agencies to execute a Master Agreement in order to be eligible to receive
transportation funds originating from the Federal government; and
WHEREAS, for each specific project, a Supplemental Local Agency-State Agreement
(Program Supplement) is required to specify the Federal and City funds involved in the project
and the specific terms and conditions to the funding; and
WHEREAS, Caltrans has updated the Master Agreement and is requiring the City
Council to adopt a resolution to continue to delegate the authority to the City Manager or his or
her designee to approve and execute the said agreements in order to efficiently administer
valuable transportation projects.
NOW, THEREFORE BE IT RESOLVED, DETERMINED, AND ORDERED BY THE
COUNCIL, AS FOLLOWS:
1. The City Manager or his or her designee is authorized to execute the updated Master
Agreements with Caltrans for federally funded projects.
2. The City Manager or his or her designee is authorized to execute the Program Supplements
to the Master Agreement by and on behalf of the City as approved to form by the City Attorney.
3. The Clerk is directed to attest to the signatures of the Manager.
Ricardo Ortiz, Mayor
I, Meaghan Hassel-Shearer, 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 21st
day of February, 2017 and was adopted thereafter by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
Meaghan Hassel-Shearer, City Clerk
1
STAFF REPORT
AGENDA NO:
MEETING DATE: February 21, 2017
To: Honorable Mayor and City Council
Date: February 21, 2017
From: Syed Murtuza, Director of Public Works – (650) 558-7230
Subject: Adoption of a Resolution to Comply with Assembly Bill 2135, Surplus Land
Act to Meet the Requirements of One Bay Area Grant 2 (OBAG 2) Program
RECOMMENDATION
Staff recommends that the City Council adopt the attached resolution demonstrating compliance
with the State’s Surplus Land Act – Assembly Bill 2135 (California Government Code 54220, et
seq.) to meet the requirements of the OBAG 2 Program.
BACKGROUND
Enacted in 1968, the Surplus Land Act requires local agencies, such as cities and transit
agencies, to prioritize affordable housing, as well as parks and open space, when disposing of
surplus land. Specifically, local agencies must provide a first right of refusal to entities that agree
to use sites for affordable housing or parks and open space. When local agencies dispose of
surplus land, they are required to give notice to local public entities and organizations involved in
affordable housing development.
Following AB 2135, the Surplus Land Act’s system of prioritization for affordable housing has
been significantly strengthened. Any entity proposing to use surplus land for the development of
low or moderate income housing must make at least 25% of the units affordable to lower income
households. If multiple entities compete for a piece of land, priority is given to the project that
proposes the greatest number of affordable units at the deepest level of affordability.
DISCUSSION
On November 7, 2016, the City Council authorized the filing of grant applications for the Hoover
School Area Sidewalk Improvements along Summitt Drive and the Broadway Pedestrian Street
Lighting. Both applications fall under the Metropolitan Transportation Commission’s OBAG 2
Program, which requires the applicant agency to adopt a resolution demonstrating compliance
with the State’s Surplus Land Act (AB 2135) in order to be eligible for the grants.
FISCAL IMPACT
None.
Adoption of a Resolution to Comply with Assembly Bill 2135, Surplus Land Act February 21, 2017
2
Exhibits:
Resolution
Assembly Bill No. 2135
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME,
CALIFORNIA, TO COMPLY WITH ASSEMBLY BILL 2135, SURPLUS LAND ACT
The City Council of the City of Burlingame does resolve as follows:
WHEREAS, the San Francisco region has the highest housing costs in the United
States; and
WHEREAS, the Bay Area produced less than 30% of the need for low- and moderate-
income housing units from 2007-2014; and
WHERAS, there are limited funding sources available to secure land for the construction
of low- and moderate-income housing; and
WHERAS, public lands can play a critical role in increasing the supply of land for
affordable housing; and
WHERAS, the Metropolitan Transportation Commission adopted Resolution No. 4202,
outlining the programming policy and project selection criteria for the One Bay Area Grant
Program (OBAG 2), including certain requirements to access these funds.
NOW, THEREFORE BE IT RESOLVED, DETERMINED, AND ORDERED BY THE
COUNCIL, AS FOLLOWS:
That the City of Burlingame agrees to comply with the terms of the Surplus Land Act - Assembly
Bill 2135 (California Government Code § 54220, et seq.), as exists now or may be amended in
the future.
Ricardo Ortiz, Mayor
I, Meaghan Hassel-Shearer, 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 21st
day of February, 2017 and was adopted thereafter by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
Meaghan Hassel-Shearer, City Clerk
SHARE THIS:
AB-2135 Surplus land: affordable housing.(2013-2014)
Assembly Bill No. 2135
CHAPTER 677
An act to amend Sections 54220, 54223, 54225, 54226, and 54227 of, and to add Sections 54222.5 and
54233 to, the Government Code, relating to local government.
[ Approved by Governor September 27, 2014. Filed with Secretary of State
September 27, 2014. ]
LEGISLATIVE COUNSEL'S DIGEST
AB 2135, Ting. Surplus land: affordable housing.
(1) Existing law prescribes requirements for the disposal of surplus land by a local agency, as defined. Existing
law requires a local agency disposing of surplus land to negotiate in good faith with certain entities that provided
notice of a desire to purchase or lease the land and, if the price or terms cannot be agreed upon within a period
of not less than 60 days with those entities, the local agency may dispose of the surplus land without fulfilling
further requirements, as specified. Existing law authorizes a local agency selling surplus land for specified
purposes to specified entities, including, but not limited to, low- and moderate-income housing, to provide a
payment period of up to 20 years in a sales contract or trust deed. Existing law requires a local agency disposing
of surplus land to give first priority in a purchase or lease to an entity agreeing to use the site for housing for
persons of low or moderate income, except as specified. Existing law specifies that these and other related
provisions are not to be interpreted to empower a local agency to sell or lease surplus land at less than fair
market value.
This bill would require an entity proposing to use the surplus land for developing low- and moderate-income
housing to agree to make available not less than 25% of the total number of units developed on the parcels at
affordable housing cost or affordable rent for a period of at least 55 years to lower-income households, as those
terms are defined in existing law. This bill would require a local agency to give first priority in disposing of the
surplus land to an entity that agrees to these requirements. This bill would also require these requirements, as
specified, to be contained in a covenant or restriction recorded against the surplus land at the time of sale, to run
with the land, and be enforceable, against any owner who violates the covenant or restriction and each
successor-in-interest who continues the violation, by a residents’ association, as specified, and certain individuals,
that include, but are not limited to, a resident of a unit subject to these requirements. This bill would increase the
minimum time that an agency disposing of surplus land is required to conduct negotiations with certain entities
desiring to purchase or lease the surplus land from 60 to 90 days. This bill would require, if the local agency does
not agree to price and terms with those certain entities and the surplus land is used for the development of 10 or
more residential units, the entity or a successor-in-interest that received the surplus land to provide not less than
15% of the total number of units developed on the parcels at affordable housing cost or affordable rent, at terms
similar to an entity that received first priority for providing not less than 25% of the total number of units at
affordable housing cost or affordable rent, as specified.
This bill would permit the payment period for surplus land sold for low- and moderate-income housing purposes
to exceed 20 years, subject to limits related to land use requirements for low- or moderate-income housing.
Home Bill Information California Law Publications Other Resources My Subscriptions My Favorites
Page 1 of 4Bill Text - AB-2135 Surplus land: affordable housing.
2/8/2017http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201320140AB2135
This bill would delete the statement that these provisions are not to be interpreted to empower a local agency to
sell or lease surplus land at less than fair market value, and would provide that a sale or lease at or less than fair
market value, as specified, shall not be construed as inconsistent with an agency’s purpose. By increasing the
duties of local officials in connection with sales and leases of surplus land, this bill would impose a state-
mandated local program.
(2) The California Constitution requires the state to reimburse local agencies and school districts for certain costs
mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs
mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.
Vote: majority Appropriation: no Fiscal Committee: yes Local Program: yes
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 54220 of the Government Code is amended to read:
54220. (a) The Legislature reaffirms its declaration that housing is of vital statewide importance to the health,
safety, and welfare of the residents of this state and that provision of a decent home and a suitable living
environment for every Californian is a priority of the highest order. The Legislature further declares that there is a
shortage of sites available for housing for persons and families of low and moderate income and that surplus
government land, prior to disposition, should be made available for that purpose.
(b) The Legislature reaffirms its belief that there is an identifiable deficiency in the amount of land available for
recreational purposes and that surplus land, prior to disposition, should be made available for park and recreation
purposes or for open-space purposes. This article shall not apply to surplus residential property as defined in
Section 54236.
(c) The Legislature reaffirms its declaration of the importance of appropriate planning and development near
transit stations, to encourage the clustering of housing and commercial development around such stations.
Studies of transit ridership in California indicate that a higher percentage of persons who live or work within
walking distance of major transit stations utilize the transit system more than those living elsewhere, and that
lower income households are more likely to use transit when living near a major transit station than higher
income households. The sale or lease of surplus land at less than fair market value to facilitate the creation of
affordable housing near transit is consistent with goals and objectives to achieve optimal transportation use. The
Legislature also notes that the Federal Transit Administration gives priority for funding of rail transit proposals to
areas that are implementing higher-density, mixed-use, and affordable development near major transit stations.
SEC. 2. Section 54222.5 is added to the Government Code, to read:
54222.5. An entity proposing to use the surplus land for developing low- and moderate-income housing shall agree
to make available not less than 25 percent of the total number of units developed on the parcels at affordable
housing cost, as defined in Section 50052.5 of the Health and Safety Code, or affordable rent, as defined in
Section 50053 of the Health and Safety Code, to lower income households, as defined in Section 50079.5 of the
Health and Safety Code. Rental units shall remain affordable to, and occupied by, lower income households for a
period of at least 55 years. The initial occupants of all ownership units shall be lower income households, and the
units shall be subject to an equity sharing agreement consistent with paragraph (2) of subdivision (c) of Section
65915. These requirements shall be contained in a covenant or restriction recorded against the surplus land at
the time of sale, which shall run with the land and shall be enforceable, against any owner who violates a
covenant or restriction and each successor in interest who continues the violation, by any of the following:
(a) The local agency that disposed of the property.
(b) A resident of a unit subject to this section.
(c) A residents association with members who reside in units subject to this section.
(d) A former resident of a unit subject to this section who last resided in that unit.
(e) An applicant seeking to enforce the covenants or restrictions for a particular unit that is subject to this
section, if the applicant conforms to all of the following:
(1) Is of low or moderate income, as defined in Section 50093 of the Health and Safety Code.
Page 2 of 4Bill Text - AB-2135 Surplus land: affordable housing.
2/8/2017http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201320140AB2135
(2) Is able and willing to occupy that particular unit.
(3) Was denied occupancy of that particular unit due to an alleged breach of a covenant or restriction
implementing this section.
(f) A person on an affordable housing waiting list who is of low or moderate income, as defined in Section 50093
of the Health and Safety Code, and who is able and willing to occupy a unit subject to this section.
SEC. 3. Section 54223 of the Government Code is amended to read:
54223. After the disposing agency has received notice from the entity desiring to purchase or lease the land, the
disposing agency and the entity shall enter into good faith negotiations to determine a mutually satisfactory sales
price or lease terms. If the price or terms cannot be agreed upon after a good faith negotiation period of not less
than 90 days, the land may be disposed of without further regard to this article, except that Section 54233 shall
apply.
SEC. 4. Section 54225 of the Government Code is amended to read:
54225. Any public agency selling surplus land to an entity described in Section 54222 for park or recreation
purposes, for open-space purposes, for school purposes, or for low- and moderate- income housing purposes may
provide for a payment period of up to 20 years in any contract of sale or sale by trust deed for the land. The
payment period for surplus land sold for housing for persons and families of low and moderate income may
exceed 20 years, but the payment period shall not exceed the term that the land is required to be used for low-
or moderate-income housing.
SEC. 5. Section 54226 of the Government Code is amended to read:
54226. This article shall not be interpreted to limit the power of any local agency to sell or lease surplus land at
fair market value or at less than fair market value, and any such sale or lease at or less than fair market value
consistent with this article shall not be construed as inconsistent with an agency’s purpose. No provision of this
article shall be applied when it conflicts with any other provision of statutory law.
SEC. 6. Section 54227 of the Government Code is amended to read:
54227. (a) In the event that any local agency disposing of surplus land receives offers for the purchase or lease of
that land from more than one of the entities to which notice and an opportunity to purchase or lease shall be
given pursuant to this article, the local agency shall give first priority to the entity that agrees to use the site for
housing that meets the requirements of Section 54222.5. If the local agency receives offers from more than one
entity that agrees to meet the requirements of Section 54222.5, then the local agency shall give priority to the
entity that proposes to provide the greatest number of units that meet the requirements of Section 54222.5 at
the deepest level of affordability.
(b) Notwithstanding subdivision (a), first priority shall be given to an entity that agrees to use the site for park or
recreational purposes if the land being offered is already being used and will continue to be used for park or
recreational purposes, or if the land is designated for park and recreational use in the local general plan and will
be developed for that purpose.
SEC. 7. Section 54233 is added to the Government Code, to read:
54233. If the local agency does not agree to price and terms with an entity to which notice and an opportunity to
purchase or lease are given pursuant to this article and disposes of the surplus land to an entity that uses the
property for the development of 10 or more residential units, the entity or a successor-in-interest shall provide
not less than 15 percent of the total number of units developed on the parcels at affordable housing cost, as
defined in Section 50052.5 of the Health and Safety Code, or affordable rent, as defined in Section 50053 of the
Health and Safety Code, to lower income households, as defined in Section 50079.5 of the Health and Safety
Code. Rental units shall remain affordable to, and occupied by, lower income households for a period of at least
55 years. The initial occupants of all ownership units shall be lower income households, and the units shall be
subject to an equity sharing agreement consistent with the provisions of paragraph (2) of subdivision (c) of
Section 65915. These requirements shall be contained in a covenant or restriction recorded against the surplus
land prior to land use entitlement of the project, and the covenant or restriction shall run with the land and shall
be enforceable, against any owner who violates a covenant or restriction and each successor in interest who
continues the violation, by any of the entities described in subdivisions (a) to (f), inclusive, of Section 54222.5.
Page 3 of 4Bill Text - AB-2135 Surplus land: affordable housing.
2/8/2017http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201320140AB2135
SEC. 8. If the Commission on State Mandates determines that this act contains costs mandated by the state,
reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7
(commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
Page 4 of 4Bill Text - AB-2135 Surplus land: affordable housing.
2/8/2017http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201320140AB2135
1
STAFF REPORT
AGENDA NO:
MEETING DATE: February 21, 2017
To: Honorable Mayor and City Council
Date: February 21, 2017
From: Margaret Glomstad, Parks and Recreation Director – (650) 558-7307
Subject: Conceptual Plan for Burlingame Square Beautification Project
RECOMMENDATION
Staff recommends that the City Council review and approve the conceptual plan for the
Burlingame Square Beautification Project.
BACKGROUND
In FY 16/17, the City Council approved funds in the Capital Improvement Project budget to
complete conceptual plans for the beautification of Burlingame Square, which is located at the
end of Burlingame Avenue in front of the Burlingame Train Station (Exhibit A). The area,
maintained by the Parks Division, currently has a circular landscaped area with a flag pole. The
site is not ADA compliant and has poor lighting, manual irrigation, little protection from vehicles,
limited practical uses, and reduces the view of the historic train station.
A committee comprised of Parks and Recreation Director Margaret Glomstad, Parks
Superintendent Bob Disco, and community members Jennifer Pfaff and Cathy Baylock worked
with Landscape Architect John Cahalan and Public Works Department staff to develop the
conceptual plan.
At the Parks and Recreation Commission meeting on December 15, 2016, the Commission heard
public input and reviewed and approved the conceptual plan. After the meeting, the City received
additional community input in the form of suggestions to remove any fixed tables and chairs in
order to not impede a public gathering, and to add small holes around the perimeter of the plaza
to allow for flags.
DISCUSSION
The committee’s intent was to create a pedestrian-friendly gathering space that transitions the
train station with the newly completed Burlingame Avenue Streetscape project. Much discussion
revolved around blending the train station’s “Mission Revival” style with the more modern finishes
of Burlingame Avenue as well as how to improve site lines to the train station while framing and
complementing the architecture (Exhibits B and C).
Conceptual Plan for Burlingame Square Beautification Project February 21, 2017
2
The proposed design will make the plaza ADA accessible with the sidewalks and ramp
connections and include native landscaping that will reduce water consumption and allow for
visibility of the train station. By incorporating an array of colors and textures, the plant material
selection echoes the native and drought-tolerant qualities of the California Mission gardens
(Exhibit D).
The introduction of seating with planter walls and two-person “conversation tables” and benches
will allow for increased usage as a public space (Exhibit E). The choice of the pavers will need to
complement the Mission style architecture of the train station as well as tie into the new pavers on
Burlingame Avenue (Exhibit F). The addition of building exterior and landscape lighting will
provide a dramatic night-time effect for a significant focal point for Burlingame Avenue as well as
increase the safety lighting at the train station. The benches will be in the Mission style. Other
amenities, such as the retaining wall colors, finishes, bollards, and pots, will be the same as those
used on Burlingame Avenue.
FISCAL IMPACT
In FY 16/17, $200,000 was budgeted for the conceptual design and construction documents;
$51,360 of this funding has been committed thus far. The project construction cost estimate is
$615,715 (Exhibit G). The remaining $467,057 is unfunded.
Exhibits:
Existing Site Photographs
Conceptual Plan Overview
Conceptual Plan Elevation and Section
Plant Materials
Site Furnishings
Pavers
Cost Estimate
SITE PHOTOS BURLINGAME SQUARE BEAUTIFICATION Burlingame, CA February 3, 2016
KANGAROO PAW BRONZE BABY FLAX ROSEMARY BEARBERRY CORK OAK CORK OAK PLANT EXAMPLES BURLINGAME SQUARE BEAUTIFICATION Burlingame, CA February 3, 2016
BOLLARDS (SAME AS THE AVENUE) PLANTERS (SAME AS THE AVENUE) “MISSION-STYLE” BENCHES “CONVERSATION TABLES” SITE FURNISHINGS EXAMPLES BURLINGAME SQUARE BEAUTIFICATION Burlingame, CA February 3, 2016
Brown and tan, tumbled, ashlar pattern Grey and tan, 12”x12’ with paver banding Grey, tan and brown, ashlar pattern Grey, tan, brown, random pattern with concrete bands Burlingame Avenue pavers at sidewalk Burlingame Avenue pavers at bike racks PAVER EXAMPLES BURLINGAME SQUARE BEAUTIFICATION Burlingame, CA February 3, 2016
Quantity Unit Cost Item Total Subtotal
a. General Conditions - 10% allow $17,200
b. Remove brick planter wall and footing 94 lf $65 $6,110
c. Remove street curb & gutter 185 lf $20 $3,700
d. Remove concrete paving 3,855 sf $10 $38,550
e. Remove landscaping and topsoil allow $3,500
Subtotal:$69,060
a. Precast concrete seatwall (14" to 28" high) 204 lf $550 $112,200
b. Special paving 3,870 sf $32 $123,840
c. Concrete curb & gutter 185 lf $60 $11,100
d. Decorative metal channel drain 66 lf $75 $4,950
e. Tables, benches, trash/recycling, pots allow $30,000
f. Bollards 14 ea $550 $7,700
g. Electric meter, 200 amp panel & enclosure allow $12,000
h. Tree uplights (plus wiring, connections, etc) 6 ea allow $4,800
i. Wall downlights (plus wiring, connections, etc) 32 ea allow $16,000
j. Building exterior uplights (120/240 V) 8 ea allow $4,000
k. Automatic irrigation (all new components) allow $8,000
l. Import topsoil and amendments (2' deep) 80 cy $50 $4,000
m. Trees - 48" box multi-trunk specimens 2 ea $1,200 $2,400
n. Shrubs - 5 gallon can 33 ea $45 $1,485
o. Shrubs - 1 gallon can 40 ea $20 $800
p. Bark mulch 1,080 sf $0.75 $810
q. 90-day maintenance/plant establishment 3 mo $1,500 $4,500
Subtotal:$348,585
Subtotal for construction:$417,645
Contingency, 10%$41,800
Total construction costs:$459,445
a. Survey $2,320
b. Design, PS&E, & CA services (est. @ 10%) $45,950
c. Expenses $750
Subtotal $49,020
Total project costs:$508,465
a. General Conditions - 10% allow $8,900
b. Remove remaining concrete paving 3,000 sf $10 $30,000
c. Remove remaining street curb & gutter 170 lf $20 $3,400
d.New concrete paving & sidewalk 3,000 sf $15 $45,000
e. New concrete curb & gutter 170 lf $60 $10,200
Subtotal:$97,500
Contingency, 10%$9,750
Total additional construction costs: $107,250
Total with additional improvements: $615,715
Prepared by: John Cahalan, Landscape Architect
ADDITIONAL IMPROVEMENTS
New Construction:
CONCEPT PLAN dated 2/3/16
BURLINGAME SQUARE BEAUTIFICATION
ESTIMATE OF PROPBABLE PROJECT COSTS
Item/Description
Project Start-up and Demolition:
1
STAFF REPORT
AGENDA NO:
MEETING DATE: February 21, 2017
To: Honorable Mayor and City Council
Date: February 21, 2017
From: William Meeker, Community Development Director – (650) 558-7255
Subject: City Council Direction on Waiver of Building Permit Fees for Flood-Related
Damage Repair
RECOMMENDATION
Staff recommends that the City Council receive this staff report and provide any direction deemed
appropriate.
BACKGROUND
Burlingame and Northern California as a whole have experienced a large number of powerful
storms during January and February of 2017. In particular, a storm on January 20, 2017,
produced a localized rain and flooding event equivalent to at least a 500-year storm in parts of the
city. This event created flooding in certain areas that was outside of historical experience,
meaning that residents were not able to anticipate or protect against the damage they incurred.
DISCUSSION
The City has received requests to waive building permit fees for repairs made necessary by the
flooding experienced in the January storm events. Building Department staff is taking all
measures possible to expedite flood-related repairs, but staff does not have the authority to waive
fees embodied in the Master Fee Schedule absent Council direction.
An action by Council to waive flood-related building permit fees would require some level of
subsidy from the General Fund, although the level of that subsidy is difficult to predict at this time.
Waiving otherwise applicable fees is an extraordinary act, and staff would therefore suggest that
such a waiver be clearly limited to flood-related repairs stemming from storm events in January
and February of 2017. The waiver should not extend to construction other than that necessary to
repair (rather than repair and augment) existing structures. Staff would further suggest that any
permits for which a fee waiver is sought must be applied for no later than April 1, 2017, and that
staff be given the discretion to determine, based on investigation of the permit applications and
the structures in question, the appropriate degree of subsidy for flood-related damage based on
the work to be undertaken. Council may wish to direct that permits that have already been
submitted for approval and/or issued and that otherwise would be eligible for this waiver be
subject to a refund on the same terms as if they were applied for after direction is given.
Flood-Related Building Permit Fee Waiver February 21, 2017
2
If Council directs, staff will return with a resolution reflecting Council’s determinations on this
issue at the next meeting. If Council wishes to take immediate action, it may do so through an
oral motion directing staff as to how to proceed pending adoption of a formal resolution.
FISCAL IMPACT
The fiscal impact of waiving flood-related building permit fees is unknown at this time. The
number of permits yet to be sought is unknown, as is the probable dollar amount. Building permit
fees, depending on the nature of the work, can relate to the total cost of the project. The Building
Department is sustained financially by the fees it collects, and a fee waiver will necessitate some
level of subsidy from the General Fund to cover any gap created by this action. Adjustments will
need to be made in the mid-year or year-end budgets (depending on when the final total is
known) to cover the costs of this fee waiver, if Council elects to move forward with it.