HomeMy WebLinkAboutAgenda Packet - CC - 2019.06.03City Council
City of Burlingame
Meeting Agenda - Final
BURLINGAME CITY HALL
501 PRIMROSE ROAD
BURLINGAME, CA 94010
Council Chambers6:00 PMMonday, June 3, 2019
STUDY SESSION - 6:00 p.m. - Council Chambers
Historic Resource Evaluationsa.
Staff ReportAttachments:
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
Presentation of the Nine Sports Awarda.
Presentation by the Parks and Recreation Foundationb.
Broadway Grade Separation Updatec.
PresentationAttachments:
Caltrain Business Plane.
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June 3, 2019City Council Meeting Agenda - Final
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.
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 for May 20, 2019a.
Meeting MinutesAttachments:
Adoption of an Ordinance to Amend Chapter 13.20.010 of the Burlingame Municipal
Code to Add Stop Signs at Various Locations in the City
b.
Staff Report
Ordinance
BMC Update
Attachments:
Adoption of a Resolution Authorizing the City Manager to Execute an Agreement with the
Peninsula Conflict Resolution Center for Dispute Resolution Services
c.
Staff Report
Resolution
Agreement
2018-19 Mid-Year Mediation Reports: Cases Opened
2018-19 Mid-Year Mediation Reports: Closed Cases
Attachments:
Adoption of a Resolution Approving and Authorizing the City Manager to Execute an
Agreement with the Burlingame Chamber of Commerce to Provide Information and
Promotion Services in Fiscal Year 2019-2020
d.
Staff Report
Resolution
Agreement
Attachments:
Page 2 City of Burlingame Printed on 5/30/2019
June 3, 2019City Council Meeting Agenda - Final
Adoption of a Resolution Approving a Professional Services Agreement with BKF for
Engineering Design Services Related to the Old Bayshore Highway Corridor Study, City
Project No. 85490 and Authorizing the City Manager to Execute the Agreement
e.
Staff Report
Resolution
Professional Services Agreement
Project Location Map
Attachments:
Adoption of a Resolution Authorizing the City Manager to Amend the Agreement with All
City Management Serves (ACMS) for Crossing Guard Services
f.
Staff Report
Resolution
Agreement
Attachments:
Adoption of a Resolution Authorizing the City Manager to Enter into a Service Agreement
with On-Camera Productions for Video Coverage of City Council, Planning Commission,
and Traffic, Safety & Parking Commission Meetings
g.
Staff Report
Resolution
Agreement
Attachments:
Adoption of a Resolution Approving the Allocation of Funding for Community Service
Organizations for Fiscal Year 2019-20
h.
Staff Report
Resolution
Attachments:
Approval of Out-of-State Travel for the Director of Public Worksi.
Staff ReportAttachments:
Adoption of a Proclamation Declaring the First Friday in June to be National Gun Violence
Awareness Day
j.
Staff Report
Proclamation
Attachments:
9. PUBLIC HEARINGS (Public Comment)
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June 3, 2019City Council Meeting Agenda - Final
Public Hearing to Consider Proposed Amendments to Title 25, Code Sections 25.32.030
(Burlingame Avenue Commercial District) and 25.70.090 (Off-Street Parking) to Allow
Commercial Recreation as a Conditional Use in the Burlingame Avenue Commercial
(BAC) District
a.
Staff Report
Proposed Ordinance
Zoning Code §§ 25.32.030 & 25.70.090 - Redlines with Proposed Amendments
April 15, 2019 City Council Minutes
November 19, 2018 City Council Minutes
August 17, 2018 & October 11, 2018 ED Subcommittee Minutes
February 25, 2019 Planning Commission Minutes
Burlingame Downtown Specific Plan Excerpt - Windows
Public Hearing Notice - published May 24, 2019
Attachments:
10. STAFF REPORTS AND COMMUNICATIONS (Public Comment)
Approval of Revisions to Investment Policy for Fiscal Year 2019-20a.
Staff Report
PFM Review Memo
2019-20 Investment Policy
Investment Policy - redline
Attachments:
Adoption of a Resolution Suspending CUP Timelines for 778 Burlway During Evaluation
of an Alternative Development Plan
b.
Staff Report
Proposed Resolution
2016 Conditions of Approval
Attachments:
11. COUNCIL COMMITTEE AND ACTIVITIES REPORTS AND ANNOUNCEMENTS
Councilmembers report on committees and activities and make announcements.
Mayor Colson's Committee Reporta.
Committee ReportAttachments:
Vice Mayor Beach's Committee Reportb.
Committee ReportAttachments:
12. FUTURE AGENDA ITEMS
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June 3, 2019City Council Meeting Agenda - Final
13. ACKNOWLEDGMENTS
The agendas, packets, and meeting minutes for the Planning Commission, Traffic, Safety & Parking
Commission, Beautification Commission, Parks & 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, June 17, 2019
VIEW REGULAR COUNCIL MEETING ONLINE AT www.burlingame.org/video
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 5 City of Burlingame Printed on 5/30/2019
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STAFF REPORT
AGENDA ITEM NO:
STUDY
MEETING DATE:
June 3, 2019
To: Honorable Mayor and City Council
Date: June 3, 2019
From: Kevin Gardiner, Community Development Director – (650) 558-7253
Subject: Historic Resource Evaluations
RECOMMENDATION
Staff recommends that Council provide feedback on approaches to the evaluation of potential
historic resources.
BACKGROUND
In March 2015, the City of Burlingame initiated a multi-year process focused on a community-
led effort to update the City’s General Plan and Zoning Ordinance, called “Envision Burlingame.”
The General Plan and Zoning Ordinance are the City’s two documents that regulate all land
use, environmental, and transportation decisions made by City leaders.
The process of updating the General Plan included consideration of policies intended to address
historic resources. This included considerations intended to promote preservation and adaptive
reuse of historic buildings, as well as obligations to identify and evaluate potentially historic
resources as part of the development and environmental review process.
DISCUSSION
The City of Burlingame adopted a historic resource preservation ordinance in 2014 (Title 21 of
the Burlingame Municipal Code). The ordinance was an implementation of the Downtown
Specific Plan (adopted in 2010), and was specific to historic resources located within the
boundaries of the Downtown Specific Plan area. The Downtown Specific Plan included a
comprehensive historic resources inventory which evaluated all properties within the planning
area.
Separately, the City initiated historic evaluations in the Burlingame Park neighborhood, based
upon documents that were submitted to the Planning Division in 2009 by a Burlingame property
owner that indicated that the entire Burlingame Park No. 2, Burlingame Park No. 3, Burlingame
Heights, and Glenwood Park subdivisions may have historical characteristics that would indicate
that properties within this area could be potentially eligible for listing on the National or California
Register of Historical Places. Since that time, for any property located within these subdivisions,
a historic resource evaluation must be prepared prior to any significant development project
being proposed to assess whether the existing structure(s) could be potentially eligible for listing
Historic Resource Evaluations June 3, 2019
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on the National or California Register of Historical Places. The intent of the historic resource
evaluations in Burlingame Park is to comply with the obligations of the California Environmental
Quality Act (CEQA), however the historic resource preservation ordinance does not apply to
Burlingame Park.
CEQA and Potential Historic Resources: With regards to development projects, CEQA
requires the reviewing agency (in this instance the City of Burlingame), to determine the impact
of a proposed project upon environmental resources; historic/cultural resources being among
the numerous categories subject to evaluation. Single-family residence projects are generally
considered “categorically exempt” from environmental analysis under CEQA; however, in
instances where a project may have a significant adverse impact upon an environmental
resource, including impacts upon an historic resource, this exemption is superseded by the
need to conduct further analysis of impacts upon the resource.
The criteria applied by the local agency for determining whether or not a project may have an
impact upon an historic resource are contained within Section 15064.5 of the CEQA
Guidelines. Though not stated in the CEQA Guidelines, generally speaking, the minimum
threshold triggering the evaluation of a structure as a potential historic resource is that it is at
least 50-years old. This threshold is commonly used by the Federal registry program as well as
the State registry program.
In Burlingame, the 50-year threshold alone would not trigger the need for an historic evaluation
of a property; staff generally relies upon additional information regarding the history of the
property (e.g. history of the design, ownership, how the site fits into the general growth and
development of the community and/or neighborhood) before staff determines further evaluation
is required pursuant to CEQA.
In the case of properties located within the Burlingame Park neighborhood, the information
submitted in 2009 that documents the neighborhood’s history was sufficient to raise the
question regarding the historic value of a property within the area, and therefore to comply with
the obligations of CEQA historic resource evaluations are warranted to determine eligibility as a
State or Federal resource as part of the environmental analysis of applicable projects.
An important distinction is that the obligations under CEQA to consider environmental impacts,
including impacts to historic resources, only pertain to projects requiring “discretionary” review.
A discretionary project is one that requires the exercise of judgment or deliberations on the part
of the agency to determine the efficacy of approving a particular project. This is distinguished
from “ministerial” actions that require the agency to simply determine compliance with specific
standards and codes (e.g. issuance of a building permit).
Within the City of Burlingame, any development project (including remodeling of existing
structures, changes of use in certain instances, etc.) that requires review and approval by the
City’s Planning Commission is considered “discretionary” for purposes of CEQA. For this
reason, any project submitted for consideration by the Planning Commission must first be
evaluated at the staff level to determine the level of review required pursuant to CEQA. In
Burlingame, discretionary permits subject to Planning Commission review include design review
Historic Resource Evaluations June 3, 2019
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applications (both residential and commercial), second-story additions to single family homes,
and demolition and rebuilds of single family homes. Ministerial permits not typically subject to
Planning Commission review include most single-story additions to single family homes,
improvements to commercial buildings involving alterations of less than 50 percent of a façade,
and permits for routine building maintenance.
General Plan Draft and Adopted Policies: For areas of Burlingame outside of Downtown or
Burlingame Park, staff generally relies upon information at hand to assess whether further
evaluation is required pursuant to CEQA for a development project requiring discretionary
review. In some instances, there may be pertinent information in the Planning Division’s files for
the property. In other instances, information is provided to the Planning Division by an interested
party. In either instance, staff is not in the position to judge the merits of the materials in the file
and/or that have been submitted for the property, so in instances where information is
discovered or provided, a historical evaluation is commissioned in order to allow a determination
for purposes of CEQA.
The Draft General Plan included a policy intended to ensure that historic resources are
adequately and consistently evaluated through the development and environmental review
process:
DRAFT Policy CC-3.2: Comprehensive Historic Surveys
Require applicants for any discretionary permits that involve remodeling, removing, or
substantially altering any structure older than 50 years (at the time of the application) to
prepare a Historic Resources Analysis consistent with State CEQA requirements to identify
the historical significance of the property.
Per CEQA, the policy would have required historic evaluations for discretionary permits (which
involve projects subject to Planning Commission review), but would not include ministerial
permits such as building permits not subject to Planning Commission review. The approach was
intended to emphasize equity, in that only properties undergoing significant development would
be subject to historic review, and the cost of review would be the responsibility of the applicant.
However, over the course of the review of the Draft General Plan, members of the community
and the City Council raised concerns with this approach, as it would require evaluations to be
undertaken for any property greater than 50 years old. This threshold encompasses the vast
majority of homes in Burlingame. The concern was that such evaluations would be onerous to
applicants in instances where there is a low likelihood the property would be potentially eligible
for historic status.
As a result of concern, the draft General Plan policy was revised to allow further study:
ADOPTED Policy CC-3.2: Historic Evaluation Approaches
Evaluate options for identifying potential historic resources, both to allow property owners to
utilize historic preservation incentives and as a consideration in development review.
Historic Resource Evaluations June 3, 2019
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This study item is a continuation of the discussion initiated during the General Plan Update
process regarding historic resources.
Alternate Approaches: Since the evaluation of historic resources is a matter of State law, it
applies to all jurisdictions, and jurisdictions in California have approached this issue in various
ways. Some have conducted citywide or neighborhood-wide surveys to determine potentially
historic properties, while others have adopted review procedures for discretionary permits in the
manner of the approach first proposed in the General Plan. A citywide survey would be
anticipated to cost between $200,000 and $300,000 and would likely be funded by the City;
Individual historic resources prepared by the City’s historic resource consultant currently cost
$3,900 for a single family property and are the responsibility of the applicant.
The staff presentation will include information on the approaches utilized by neighboring
communities such as San Mateo, Redwood City, Mountain View, and Palo Alto.
Expansion of Historic Resource Programs: While the emphasis of this discussion has been
regarding the obligations of evaluating historic resources under CEQA, any potential changes to
screening or evaluation criteria may also consider expansion of the City’s historic resource
preservation program (Title 21 of the Burlingame Municipal Code) to areas outside the
Downtown Specific Plan area. This could allow eligible properties to benefit from incentives
such as flexible land use standards to allow the adaptive reuse of identified historical buildings,
promotion of the use of the State Historic Building Code to facilitate the reuse and conversion of
historical buildings to alternative uses, and promotion of financial incentives for preservation of
historic resources such as the Mills Act, Federal Historic Tax Incentives, and the Federal
Historic Preservation Tax Credit program. Currently, these incentives are only available to
properties within the Downtown Specific Plan area.
FISCAL IMPACT
A citywide historic resource survey is anticipated to cost between $200,000 and $300,000.
Individual property surveys conducted in conjunction with a development project are the
responsibility of the applicant.
Broadway Burlingame
Grade Separation
Burlingame City Council
June 03, 2019
Presentation Outline
•Project Location/Existing Conditions
•Project Goals and Scope
•Project Schedule
•Project Cost
•Proposed Funding Plan
•Next Steps
2
Project Location
3
California Dr
Existing At-Grade Railroad
Crossing at Broadway
To San Francisco
To San Jose
N
Ped/Bike Access
•Broadway & Morrell Ave. to be grade separated
•New grade separated access at Carmelita Ave.Carmelita
Existing Conditions
•92 Caltrain weekday trains use this
crossing, in addition to freight
•28,049 average daily vehicle counts
for Broadway in year 2014
•Lack of grade separation increases
vehicular and train delays
•Highest ranked crossing on CPUC
Grade Separation Priority List
4
Project Goals
•Enhance east-west connectivity
•Enhance safety for motorists,
bicyclists & pedestrians
•Improve customer experience with new
station
•Improve traffic flow and reduce delays
•Reduce automobile congestion and
emissions
•Improve efficiency of rail operations
5
Project Scope
•Railroad to be partially elevated and
adjacent roadways (Broadway, Carolan
and California) to be partially lowered
•New station with center board platform,
ramp and stair access
•Station parking on east side of tracks with
access to/from Carolan Ave.
•Two shoofly tracks east of the existing
mainline
•Ped/Bike crossings at Broadway, Carmelita
and Morrell Ave.6
Project Overview
7
Carolan Ave
California Dr
Broadway Bridge
Ped Station
Entrance
Carmelita AveCenter Board Platform
Access Ramp Access Ramp
Morrell Ave
Ped Xing
New Broadway Station (conceptual)
8
Access Ramp
Access Stairs
Access Stairs
Access Ramp
Ped. Station Entrance
Proposed Grade Separation at
Broadway (conceptual)
9
Parking Lot Options –Layout 1
10
Carolan Ave
California Drive
80+/-Stall Parking
Ped Station
Entrance
Morrell Ave
Ped Xing
Parking Lot Layout 1 (conceptual)
11
Parking Lot Options –Layout 2
12
Carolan Ave
California Drive
60+/-Stall Parking Ped Station
Entrance
Morrell Ave
Ped Xing
Parking Lot Layout 2 (conceptual)
13
Project Schedule
14
Description Start Finish
Project Study Report Jan 2014 Jan 2017
Preliminary Engineering/
Environmental Review
Mar 2017 Oct 2019
Final Design*Nov 2019 Nov 2021
Right of Way/Utilities*Nov 2020 Nov 2022
IFB/Award*Dec 2022 Jun 2023
Construction*July 2023 July 2026
* Dependent on future funding allocations and coordination with other corridor projects and resources
Project Cost (in thousands)
15
Phase Current $YOE $
Project Study Report:$1,000 $1,000
Prelim. Engineering:$4,550 $4,550
Final Design/Env Permits:$19,305 $19,838
Right of Way/Utilities: $23,522 $24,000
Construction:$230,427 to $277,302
Total:$278,804 to $326,690
Year of Expenditure (COE) costs for Final Design and Construction are based on the midpoint
of scheduled work. Costs are Order of Magnitude based on 15% design.
Cost Variances from San Bruno
and 25th Ave. Grade Separations
•Construction after electrification
•Major right of way needs
•Relocation of utilities
•Shoofly track construction
•Wetlands, creeks and culverts
•Price escalation/bidding climate
•2025 construction mid-point
16
Proposed Funding Plan (in thousands)
17
Phase Burlingame Measure
A
Measure
W
Regional
(OBAG 2)State1 Federal2 Total
Project Study Report $1,000 $1,000
Prelim. Engineering/
Environmental $500 $4,050 $4,550
Final Design/Permits $1,500 $18,338 $19,838
Right of Way/Utilities $24,000 $24,000
Construction $13,000 $74,302 $15,000 $15,000 $95,000 $65,000 $277,302
Total $15,000 $121,690 $15,000 $15,000 $95,000 $65,000 $326,690
Footnotes
1) Proposed State administered funding sources may include a combination of Section 130, 190, SB 1, TICRP & Cap and Trade Funds.
2) Proposed Federal administered funding sources may include a combination of TIGER/FASTLANE and INFRA funds.
3) Listed funding sources are proposed and are not actual funding commitments.
Next Steps
•Refine station platform location, parking lot
and roadway configurations
•Finalize the preliminary engineering and
environmental clearance phase
•Obtain funding for final design
•Advertise and award final design contract
•Right-of-way acquisition
•Construction
18
Questions ?
19
Agenda Item 8a Meeting Date: 06/03/19
Burlingame City Council May 20, 2019
Unapproved Minutes
1
BURLINGAME CITY COUNCIL
Unapproved Minutes
Regular Meeting on May 20, 2019
1. CALL TO ORDER
A duly noticed meeting of the Burlingame City Council was held on the above date in the City Hall Council
Chambers at 7:00 p.m.
2. PLEDGE OF ALLEGIANCE TO THE FLAG
The pledge of allegiance was led by Burlingame elementary students.
3. ROLL CALL
MEMBERS PRESENT: Beach, Colson, Keighran, Ortiz
MEMBERS ABSENT: Brownrigg
4. REPORT OUT FROM CLOSED SESSION
a. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION (GOVERNMENT
CODE SECTION 54956.9): EVANS, ET AL V. BIRD RIDES, INC., ET AL., (CITY OF
BURLINGAME, CO-DEFENDANT)(N.D. CAL. 3:19-CV-01207)
b. CONFERENCE WITH LABOR NEGOTIATORS (GOVERNMENT CODE SECTION
54957.6)
CITY DESIGNATED REPRESENTATIVES: TIMOTHY L. DAVIS, HR DIRECTOR SONYA
M. MORRISON, CITY MANAGER LISA K. GOLDMAN, CITY ATTORNEY KATHLEEN
KANE, FINANCE DIRECTOR CAROL AUGUSTINE
EMPLOYEE ORGANIZATIONS: AFSCME ADMINISTRATIVE AND MAINTENANCE
UNITS
c. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (GOVERNMENT CODE
SECTION 54956.8):
PROPERTY: CITY LOT E (PARK ROAD AND LORTON AVENUE) APN 029-204-230
Agenda Item 8a Meeting Date: 06/03/19
Burlingame City Council May 20, 2019
Unapproved Minutes
2
AGENCY NEGOTIATORS: CITY MANAGER LISA K. GOLDMAN, CITY ATTORNEY
KATHLEEN KANE, AND COMMUNITY DEVELOPMENT DIRECTOR KEVIN
GARDINER
NEGOTIATING PARTIES: BURLINGAME PARK SQUARE, LLC
UNDER NEGOTIATION: PRICE AND TERMS
City Attorney Kane reported that direction was given but no reportable action was taken.
5. UPCOMING EVENTS
Mayor Colson reviewed the upcoming events taking place in the city.
6. PRESENTATIONS
a. RETHINKWASTE TRASH TO ART CONTEST WINNERS PRESENTATION
Mayor Colson explained that RethinkWaste held their seventh annual “Trash to Art” contest, which was
open to all third through fifth grade classes and individual students in the RethinkWaste service area. The
contest challenged students to create art from normally discarded materials collected at home, school, and
around the community. She explained that a total of nine classes and 23 individual students submitted one-
of-a-kind pieces.
Mayor Colson stated that two of the winners were from Burlingame:
• Second Place – Mr. Carney’s green team members (fourth and fifth graders) from Lincoln
Elementary School for their “Linc the Non-Littering Lion” statue; and
• Third Place – Ms. Vinciguerra’s third grade class at Washington Elementary School for their “Golden
Gate of Trash” statue.
Student representatives from both classes discussed how they had assisted in creating their art pieces.
The Council presented each class with a certificate for their artwork.
b. NATIONAL PUBLIC WORKS WEEK PRESENTATION
Streets, Storm Drains & Sewer Divisions Manager Michael Heathcote stated that since 1960, the American
Public Works Association (“APWA”) has hosted a “National Public Works Week.” The purpose of the
week is to encourage and educate the public on the importance of public works. He explained that each year,
the APWA picks a theme for the week. This year’s theme is “It starts here.” The theme represents the many
aspects of modern civilization that grow out of the efforts put forth by public works professionals. Mr.
Heathcote gave examples of the theme including infrastructure, growth and innovation, mobility, and
citizens’ quality of life.
Agenda Item 8a Meeting Date: 06/03/19
Burlingame City Council May 20, 2019
Unapproved Minutes
3
Mr. Heathcote stated that on Wednesday, May 22, the Public Works Department would be hosting an event
to educate the public on the role of the department, answer questions, and showcase the equipment that staff
uses to keep the City running.
Mr. Heathcote discussed the two awards that the Public Works Department had recently won:
1. Cartegraph’s Flag Forward award for embracing the new era of government technology and program
integration
2. Silicon Valley Chapter of APWA’s Project of the Year award for the California Drive Roundabout
Project.
Council thanked the Public Works Department for maintaining and improving the City’s infrastructure.
7. PUBLIC COMMENT
Burlingame resident Adrienne Leigh discussed the Bicycle Pedestrian Advisory Committee (“BPAC”) and
asked that the City share street improvement plans with them prior to adoption so that the BPAC can make
suggestions.
8. CONSENT CALENDAR
Mayor Colson asked the Councilmembers and the public if they wished to remove any item from the
Consent Calendar. Burlingame citizen Adrienne Leigh pulled item 8g.
Councilmember Keighran made a motion to approve 8a, 8b, 8c, 8d, 8e, 8f, 8h, 8i, 8j, 8k, and 8l the Consent
Calendar; seconded by Councilmember Ortiz. The motion passed by voice vote, 4-0-1. (Councilmember
Brownrigg was absent).
a. APPROVAL OF CITY COUNCIL MEETING MINUTES FOR MAY 6, 2019
City Clerk Hassel-Shearer requested Council adopt the City Council Meeting Minutes for May 6, 2019.
b. APPROVAL OF CITY COUNCIL MEETING MINUTES FOR MAY 8, 2019
City Clerk Hassel-Shearer requested Council adopt the City Council Meeting Minutes for May 8, 2019.
c. ADOPTION OF A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE
AN AGREEMENT WITH GALEB PAVING, INC. FOR THE CONSTRUCTION OF
SKYLINE PARK, CITY PROJECT NO. 85460
Parks and Recreation Director Glomstad requested Council adopt Resolution Number 51-2019.
d. ADOPTION OF A RESOLUTION AUTHORIZING THE CITY MANAGER TO: PROCURE
LANDSCAPE STRUCTURES PLAYGROUND EQUIPMENT AND INSTALLATION:
Agenda Item 8a Meeting Date: 06/03/19
Burlingame City Council May 20, 2019
Unapproved Minutes
4
PROCURE ROBERTSON INDUSTRIES, INC. TOTTURF SURFACING AND
INSTALLATION; AND EXECUTE AN AGREEMENT WITH SUAREZ AND MUNOZ
CONSTRUCTION, INC. FOR THE WASHINGTON PARK PLAYGROUND, SPORTS
COURT, AND PICNIC AREA, CITY PROJECT NUMBER 85670
Parks and Recreation Director Glomstad requested Council adopt Resolution Number 52-2019.
e. ADOPTION OF A RESOLUTION ACCEPTING THE MURRAY FIELD SYNTHETIC TURF
PROJECT, CITY PROJECT NO. 84130
Parks and Recreation Director Glomstad requested Council adopt Resolution Number 53-2019.
f. ADOPTION OF A RESOLUTION APPROVING A TERM SHEET WITH THE SAN MATEO
UNION HIGH SCHOOL DISTRICT FOR THE BURLINGAME AQUATIC CENTER
City Manager Goldman requested Council’s approval of a term sheet with the San Mateo Union High School
District for the Burlingame Aquatic Center.
g. ADOPTION OF RESOLUTIONS AWARDING A CONSTRUCTION CONTRACT TO G.
BORTOLOTTO & COMPANY, INC. FOR THE 2019 STREET RESURFACING
PROGRAM, CITY PROJECT NO. 85120, AND AUTHORIZING THE CITY MANAGER TO
EXECUTE A COST SHARING AGREEMENT WITH THE CITY OF MILLBRAE FOR
SEQUOIA AVENUE & MURCHISON DRIVE
Burlingame resident Adrienne Leigh, on behalf of BPAC, requested that the 2019 Street Resurfacing
Program be amended to include zebra stripping and ADA accessibility improvements at six intersections in
the city. She noted that an email had been sent earlier in the day outlining BPAC’s requests.
Vice Mayor Beach asked DPW Murtuza to comment on Ms. Leigh’s suggestions. DPW Murtuza stated that
staff would review each request to determine if it is reasonable and should be included in the 2019 Street
Resurfacing Program. He added that high visibility crosswalks are very effective when they are installed in
the right locations. However, if high visibility crosswalks are over-utilized, they become ineffective because
people begin to ignore them.
Councilmember Keighran asked how long it will take to review BPAC’s requests. DPW Murtuza stated that
he believed that it would be done in the next few weeks.
Mayor Colson asked if there were any other members of the public that would like to comment on this item.
Burlingame resident Kristen Pierce asked that the City put in crosswalks at Davis Drive and Marco Polo
Way and Davis Drive and Quesada Way. She explained that the majority of kids that walk or ride their bikes
to BIS go through these intersections.
Agenda Item 8a Meeting Date: 06/03/19
Burlingame City Council May 20, 2019
Unapproved Minutes
5
Mayor Colson closed public comment.
Mayor Colson suggested that Council approve the contract with the understanding that staff will review the
public’s requests. Thereafter, if the requests are approved and require an adjustment to the contract, staff
would bring them back to Council for approval. DPW Murtuza asked that Council give staff authorization to
determine appropriate actions.
Vice Mayor Beach made a motion to adopt Resolution Number 54-2019 and Resolution Number 55-2019, to
allow staff to make determinations based on the public’s requests about moving forward with the project, and
asked that staff work with BPAC and share with them what the standards are for staff’s decisions; seconded
by Councilmember Keighran. The motion passed by voice vote, 4-0-1. (Councilmember Brownrigg was
absent).
h. ADOPTION OF A RESOLUTION AWARDING A CONSTRUCTION CONTRACT TO
ENGINEERED SOIL REPAIRS INC. FOR THE MILLS CANYON SEWER ACCESS ROAD
REPAIR PROJECT, CITY PROJECT NO. 85090, AND AUTHORIZING THE CITY
MANAGER TO EXECUTE THE CONSTRUCTION CONTRACT
DPW Murtuza requested Council adopt Resolution Number 56-2019.
i. ADOPTION OF A RESOLUTION AWARDING A CONSTRUCTION CONTRACT TO PMK
CONTRACTORS LLC FOR THE POLICE STATION UNDERGROUND STORAGE TANK
REMOVAL, CITY PROJECT NO. 84640, AND AUTHORIZING THE CITY MANAGER TO
EXECUTE THE CONSTRUCTION CONTRACT
DPW Murtuza requested Council adopt Resolution Number 57-2019.
j. ADOPTION OF A RESOLUTION EXTENDING THE AGREEMENT WITH MAZE &
ASSOCIATES ACCOUNTANCY CORPORATION TO SERVE AS THE CITY OF
BURLINGAME’S INDEPENDENT EXTERNAL FINANCIAL AUDITORS FOR THREE
ADDITIONAL YEARS
Finance Director Augustine requested Council adopt Resolution Number 58-2019.
k. ADOPTION OF A PROCLAMATION RECOGNIZING JUNE AS IMMIGRANT
HERITAGE MONTH
City Clerk Hassel-Shearer requested Council adopt a proclamation recognizing June as Immigrant Heritage
Month.
Agenda Item 8a Meeting Date: 06/03/19
Burlingame City Council May 20, 2019
Unapproved Minutes
6
l. ADOPTION OF AN ORDINANCE PROHIBITING RETALIATION FOR SMOKING
COMPLAINTS
City Attorney Kane requested Council adopt Ordinance 1964.
9. PUBLIC HEARINGS
a. PUBLIC HEARING TO RENEW THE LEVY AND COLLECTION OF ASSESSMENTS FOR
THE DOWNTOWN BURLINGAME AVENUE STREETSCAPE IMPROVEMENTS
PROJECT FOR FISCAL YEAR 2019-20
DPW Murtuza stated that in 2012, the City Council initiated proceedings to form the Downtown Burlingame
Avenue Streetscape Improvement Assessment District (“District”). He explained that pursuant to the
Landscaping and Lighting Act of 1972, because there wasn’t a “majority protest,” the City Council was able
to order improvements, form the District, and levy assessments annually for 30 years to the downtown
Burlingame Avenue property owners.
DPW Murtuza stated that pursuant to the Act, the City must hold an annual public hearing to confirm and
levy the assessment. He stated that there were no changes to the assessments, and the report was updated.
Mayor Colson opened the public hearing. No one spoke.
Mayor Colson noted for the record that the annual assessment is $335,787. She discussed how the funds are
utilized to beautify Burlingame Avenue and assist in creating a thriving retail district. She noted that
because of these assessments, the Avenue continues to attract new retail and businesses.
Councilmember Keighran explained that it wouldn’t have been possible to create the District without the
collaboration and support of the landowners in the Burlingame Avenue Commercial Area. She discussed
how this had been a unique opportunity to work with the property owners and create a thriving district.
Councilmember Ortiz stated that it was a wonderful example of how public-private partnerships can be
beneficial to communities.
Councilmember Keighran made a motion to adopt Resolution Number 59-2019; seconded by Vice Mayor
Beach. The motion passed by voice vote, 4-0-1. (Councilmember Brownrigg was absent).
b. PUBLIC HEARING TO INTRODUCE AN ORDINANCE AMENDING CHAPTER 13.20.010
OF THE BURLINGAME MUNICIPAL CODE TO ADD STOP SIGNS AT VARIOUS
LOCATIONS IN THE CITY
DPW Murtuza stated that the proposed ordinance would add stop signs at the following locations:
• Primrose Road at Douglas Avenue
• Primrose Road at Bellevue Avenue
Agenda Item 8a Meeting Date: 06/03/19
Burlingame City Council May 20, 2019
Unapproved Minutes
7
• Bayswater Avenue at Lorton Avenue
DPW Murtuza stated that periodically, the City receives requests for new stop signs to address traffic safety
needs. He explained that upon receiving these requests, staff determines whether a stop sign is warranted
pursuant to guidelines. If a stop sign doesn’t meet the guidelines, staff will determine if there are other
options to increase the safety of the intersection.
DPW Murtuza explained that in August 2018, staff installed temporary stop signs at Primrose and Douglas
and Primrose and Bellevue to address the immediate right-of-way concerns.
DPW Murtuza stated that at the April 11, 2019 Traffic, Safety & Parking Commission (“TSPC”) meeting,
staff presented their recommendations to install permanent stop signs at the above listed locations. He
explained that based on the Commission’s discussion and public input, TSPC concurred with staff’s
recommendation to install permanent stop signs at the three locations. Additionally, TSPC recommended
installing a marked crosswalk at the Bayswater Avenue/Lorton Avenue intersection.
Mayor Colson asked the City Clerk to read the title of the proposed ordinance. City Clerk Hassel-Shearer
read the title of the ordinance.
Vice Mayor Beach made a motion to waive further reading and introduce the ordinance; seconded by
Councilmember Keighran. The motion passed by voice vote, 4-0-1. (Councilmember Brownrigg was
absent).
Mayor Colson opened the public hearing.
Former City Clerk Mary Ellen Kearney and Burlingame resident Kehlani Vasquez voiced their support for
adding a stop sign at the Bayswater and Lorton intersection.
Mayor Colson closed the public hearing.
Vice Mayor Beach asked if the ordinance is adopted, how quickly can the stop signs be installed. DPW
Murtuza stated that it takes a few weeks. He added that the stop signs at Primrose and Douglas and Primrose
and Bellevue are already in place.
Vice Mayor Beach asked if there is stepped up enforcement by the Police Department when new stop signs
are installed. Police Chief Matteucci stated that for the first couple of weeks, the police issue warnings in
order to make the public aware of the new stop signs.
Mayor Colson asked the City Clerk to publish a summary of the ordinance and that the proposed ordinance
be brought back for adoption.
Agenda Item 8a Meeting Date: 06/03/19
Burlingame City Council May 20, 2019
Unapproved Minutes
8
c. PUBLIC HEARING TO CONSIDER PROPOSED AMENDMENTS TO TITLE 25, CODE
SECTIONS 25.32.030 (BURLINGAME AVENUE COMMERCIAL DISTRICT) AND
25.70.090 (OFF-STREET PARKING) TO ALLOW COMMERCIAL RECREATION AS A
CONDITIONAL USE IN THE BURLINGAME AVENUE COMMERCIAL (BAC) DISTRICT
Planning Manager Hurin stated that at the April 15, 2019 City Council meeting, staff introduced a proposed
ordinance to allow for commercial recreation as a conditional use in the Burlingame Avenue Commercial
District. He explained that after discussion, Council continued action on the item until further discussions
could be held at the City’s Burlingame Talks Shop retail summit. He noted that this allowed for further
comment from the Economic Development Subcommittee and from the public.
Planning Manager Hurin stated that the Economic Development Subcommittee recommended limiting
commercial recreation uses to the 1400 block of Burlingame Avenue. He explained that the subcommittee
also considered whether to require specific dimensions for visible active uses such as retail,
waiting/reception, or lounge areas at the front of the space. He stated that after discussions, the
subcommittee decided to recommend not specifying a specific minimum depth requirement in order to allow
for flexibility in different situations. Instead, the subcommittee recommended that compliance with the
active use requirement be reviewed as part of the Conditional Use Permit (“CUP”) within the particular
context of each application. This would allow the Planning staff the ability to provide an initial
assessment/recommendation to the Planning Commission in the staff report.
Planning Manager Hurin stated that the proposed ordinance establishes criteria for approving a CUP for
commercial recreation, including:
• Requiring active visible uses such as retail, waiting/reception, or lounge areas associated with the
businesses along the business frontage abutting the sidewalk; and
• Maintaining a clear view into the business by not allowing storefront windows or doors to be
obscured.
Planning Manager Hurin explained that the proposed ordinance also sets forth text amendments to the Off-
Street Parking regulations to exempt commercial recreation uses from providing off-street parking if they are
located on the first floor and within the parking sector of the Burlingame Downtown Specific Plan.
Mayor Colson asked if Councilmember Keighran and Vice Mayor Beach would like to talk about the
proposed ordinance first as members of the Economic Development Subcommittee.
Councilmember Keighran stated that the subcommittee decided not to recommend a specific minimum depth
requirement because they wanted to allow for flexibility as a result of the different uses and different lot
configurations. She explained that the subcommittee thought it might be helpful for staff to make
recommendations on a case-by-case basis. She noted that the Planning Commission would review staff’s
recommendations.
Councilmember Keighran asked if the subcommittee’s proposal had been discussed with staff. CDD
Gardiner replied in the affirmative and stated that staff felt comfortable with this responsibility.
Agenda Item 8a Meeting Date: 06/03/19
Burlingame City Council May 20, 2019
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Councilmember Keighran voiced her concern about the second criteria for approving a CUP for commercial
recreation:
• Maintaining a clear view into the business by not allowing storefront windows or doors to be
obscured.
She noted that for certain uses, it wouldn’t be possible to provide a clear view, such as spin classes, that are
often done in dark rooms. And for certain uses, the participants would feel more comfortable with some
privacy, such as pilates and yoga classes. She added that the pilates studio on Broadway obscures some of
the view from the street and that it was done in a tasteful manner. She suggested giving the staff flexibility
in determining whether a clear view was necessary.
Vice Mayor Beach stated that she liked the idea of these businesses maintaining a clear view, but she
explained that she understood Councilmember Keighran’s point. Therefore, she agreed that the language
should be softened in order to allow for some flexibility.
Councilmember Ortiz discussed the yoga studio in the plaza. He noted that the yoga studio has retail in the
front and a narrow doorway in order to ensure privacy in the back. He voiced concern about allowing
several businesses to have obscured front windows on Burlingame Avenue. He stated that while he saw the
need for privacy for the classes, if there is retail upfront, the class space can be kept behind obscured
windows or walls.
Mayor Colson stated that there are opportunities to create a storefront where you can see into the front
window but you can’t see far into the store. She gave the example of Lululemon and Anthropologie that use
models and displays to create privacy inside the store. However, she agreed that depending on the
configuration of the space, the City may need to be flexible about this requirement. She suggested bringing
the proposed ordinance back after it had been amended to allow for more flexibility in terms of the second
criteria.
City Attorney Kane stated that there are two ways to accommodate the Council’s request. The first would be
to remove the second criteria from the proposed ordinance. She noted that this would leave the issue up to
the CUP process. The second option would be to include language in the proposed ordinance that expresses
some level of intent that the front window be transparent but that the CUP process would determine the
necessary amount.
Councilmember Ortiz voiced support for the second option.
Councilmember Keighran also voiced support for the second option and stated that there needed to be some
transparency from the street but that it depends on the lot configuration.
The Council agreed that the second option would work, and it was decided that the proposed ordinance
would be brought back with this amendment.
Agenda Item 8a Meeting Date: 06/03/19
Burlingame City Council May 20, 2019
Unapproved Minutes
10
Mayor Colson noted for the record that there was no public at the meeting, and therefore public comment
had not been opened.
10. STAFF REPORTS
a. CONSIDERATION OF A FAÇADE IMPROVEMENT PILOT PROGRAM FOR THE
BROADWAY COMMERCIAL DISTRICT
CDD Gardiner stated that the Economic Development Subcommittee has been developing a façade
improvement grant program to provide assistance with improving the appearance of storefronts in the City’s
commercial districts. He explained that over the course of several meetings last fall, the subcommittee
(consisting of then-Vice Mayor Colson and then-Councilmember Beach) provided staff with direction to
prepare the various elements of a façade improvement grant program, including project guidelines, selection
criteria, and application process. He stated that this would be a pilot program, with the initial pilot focused
on the Broadway commercial district.
CDD Gardiner stated that the intent of the program is to provide grants to rehabilitate eligible commercial
buildings in order to encourage more shoppers and residents to Broadway. He explained that the grant funds
could be used for signs, awnings, exterior paint, and other improvements. He noted that the City would
allocate a total of up to $50,000 for the pilot program, with a maximum of $10,000 in grant funding for any
individual project.
CDD Gardiner stated that there would be a two-month timeframe for the initial application period, with
applications reviewed at the end of the two-month period.
Vice Mayor Beach voiced support for the program. She explained that she believed that the program was a
great opportunity for the City to assist the businesses on Broadway.
Councilmember Ortiz explained that earlier in the meeting, the Council had discussed the collaboration that
had occurred between the City and business owners to beautify the public space on Burlingame Avenue. He
stated that this program wasn’t utilizing public money to beautify public space but rather to assist with
private space. He noted that the idea of using public money to assist with private space didn’t sit right with
him.
Councilmember Keighran stated that initially she had felt the same way as Councilmember Ortiz. However,
she explained that Broadway has struggled for a long time, and she hopes this program will help to kickoff
needed improvements to ensure a thriving commercial district. She noted that she hoped that by the City
undertaking this pilot program, the businesses and property owners on Broadway would also start investing
in improvements.
Mayor Colson discussed how the responsibility of caring for a building often falls on the tenant. She gave
the example of the pilates studio wanting to repaint the exterior of their space. She stated that she believed
this program was supporting small businesses and would assist tenants with improving their spaces.
Agenda Item 8a Meeting Date: 06/03/19
Burlingame City Council May 20, 2019
Unapproved Minutes
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Vice Mayor Beach concurred with Councilmember Keighran and Mayor Colson. She talked about the recent
façade improvements at Il Piccolo and Nuts for Candy. She stated that when things are cleaned up, everyone
takes a little more pride in the area. She stated that the grant program provides room to determine what the
business/landowner is doing for the property in addition to the grant funds.
Mayor Colson noted for the record that there was no public in attendance at the meeting and therefore public
comment wasn’t being opened.
Councilmember Ortiz stated that he would be more in favor of the City initiating a façade program that
required matching funds from the applicant.
Mayor Colson stated that the City could give additional credit/points to the applicants that are utilizing their
own funds in addition to the grant.
Vice Mayor Beach suggested adding in a requirement that the applicant must utilize their own funds in
addition to the grant but not specifying the percentage. She asked if the City received feedback from
Broadway BID and whether the District would support requiring the applicant to utilize some of their own
funds for the program. CDD Gardiner replied that Broadway BID was supportive of the program and that
staff would reach out to the BID for feedback about Council’s suggestion.
Mayor Colson explained that under the Budget section of the application it states: “Please include a
spreadsheet or table that itemizes the cost of materials, supplies, and equipment that will be used to repair or
modify the façade of your building.” She stated that if Council wanted to require the applicant to use their
own funds, this sentence could be amended to include the following language “including what the landlord
or business is planning to contribute.”
Councilmember Keighran agreed with amending the application to include this requirement. She stated that
she believed the applicant had to have some “skin in the game.”
Councilmember Ortiz stated that he didn’t feel it was right to use City money to fix private property.
Mayor Colson asked if under the program the business could ask for anything up to $10,000. CDD Gardiner
replied in the affirmative.
Councilmember Keighran made a motion to approve the façade improvement pilot project for the Broadway
Commercial District with the amendment that the Budget section of the application include Mayor Colson’s
suggested language of “including what the landlord or business is planning to contribute”; seconded by Vice
Mayor Beach. The motion passed by voice vote, 3-1-1 (Councilmember Ortiz was opposed, and
Councilmember Brownrigg was absent.)
11. COUNCIL COMMITTEE AND ACTIVITIES REPORTS AND ANNOUNCMENTS
Agenda Item 8a Meeting Date: 06/03/19
Burlingame City Council May 20, 2019
Unapproved Minutes
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a. MAYOR COLSON’S COMMITTEE REPORT
12. FUTURE AGENDA ITEMS
There were no future agenda items.
13. ACKNOWLEDGEMENTS
The agendas, packets, and meeting minutes for the Planning Commission, Traffic, Safety & Parking
Commission, Beautification Commission, Parks and Recreation Commission, and Library Board of Trustees
are available online at www.burlingame.org.
14. ADJOURNMENT
Mayor Colson adjourned meeting at 8:36 p.m.
Respectfully submitted,
Meaghan Hassel-Shearer
City Clerk
1
STAFF REPORT
AGENDA NO: 8b
MEETING DATE: June 3, 2019
To: Honorable Mayor and City Council
Date: June 3, 2019
From: Syed Murtuza, Director of Public Works – (650) 558-7230
Kathleen Kane, City Attorney – (650) 558-7263
Subject: Adoption of an Ordinance to Amend Chapter 13.20.010 of the Burlingame
Municipal Code to Add Stop Signs at Various Locations in the City
RECOMMENDATION
Staff recommends that the City Council adopt the attached ordinance amending Chapter 13.20.010
of the Burlingame Municipal Code (BMC) to add stop signs at the below listed intersections:
• Primrose Road at Douglas Avenue;
• Primrose Road at Bellevue Avenue; and
• Bayswater Avenue at Lorton Avenue.
In its action, the City Council should, by motion:
1. Adopt the proposed ordinance; and
2. Direct the City Clerk to publish a summary of the ordinance within 15 days of adoption.
BACKGROUND
The City periodically receives requests for new stop signs to address traffic safety needs. In order
to determine the viability of stop signs, a stop sign warrant analysis and associated traffic studies
are conducted by staff as required by State laws. The stop sign warrant analysis includes review
of traffic counts and reported accident data of the affected intersections. Other factors taken into
consideration are the proximity to a school, the traffic controls at adjacent intersections, as well as
right-of-way assignment.
Staff originally received requests to add stops signs at three street intersections, as listed below:
• Primrose Road at Douglas Avenue;
• Primrose Road at Bellevue Avenue; and
• Bayswater Avenue at Lorton Avenue.
Staff presented the recommendations to the Traffic Safety and Parking Commission (TSPC) at the
April 11, 2019 meeting. Based on the Commission’s discussion and public input received at the
Ordinance Amending Chapter 13.20.010 of the Burlingame Municipal Code to Add Stop Signs June 3, 2019
2
meeting, the TSPC concurred with staff’s recommendation to install the permanent stop signs as
mentioned above. In addition, the TSPC recommended the installation of marked crosswalks at the
Bayswater Avenue/Lorton Avenue intersection.
DISCUSSION
Multi-way stop controls at the following three intersections are recommended based on the
guidance from the California Manual of Uniform Traffic Control Devices (CAMUTCD).
Primrose Road at Douglas Avenue (City Hall) and Primrose Road at Bellevue (Library)
The intersection of Bellevue Avenue, Primrose Road, and Douglas Avenue is a five-way
intersection with existing stop controls on three approaches and with no stop controls on the
remaining two approaches. There is also a physical traffic island with a pass through for traffic on
Bellevue Avenue. The contributing factors are:
1. In a two-year period, there were three collisions in the intersection area, which may be
potentially improved through the installation of an all-way stop control.
2. There is a lack of clarification of right-of-way assignments for motorists.
3. There is high pedestrian activity at the crosswalks in the intersection area. There is a need to
provide a control mechanism to prevent potential vehicle/pedestrian conflicts near locations that
generate high pedestrian volumes.
4. Where traffic control signal system (or roundabout) is justified, the multi-way stop is an interim
measure that can be installed quickly to control traffic while arrangements are being made for
the installation of the traffic control signal.
In August 2018, temporary multi-way stops were installed on an interim basis at the intersections
of Primrose Road and Douglas Avenue, and at Primrose Road and Bellevue Avenue following a
preliminary engineering study. This was done to address the immediate right-of-way concerns.
Both intersections are adjacent to City Hall and the Main Library, and also close to Downtown
Burlingame Avenue. All these facilities are high pedestrian generators and significantly contribute
to the pedestrian activity and overall traffic operations at these intersections. Stop signs installed
at the subject approaches have already made the right-of-way assignments clearer, and have
significantly improved both pedestrian and motorists’ safety. Hence, staff recommends that these
stop signs be made permanent.
Bayswater Avenue at Lorton Avenue (All-Way)
The intersection of Bayswater Avenue and Lorton Avenue is a four-way intersection with existing
stop controls on the two approaches on Lorton Avenue. The contributing factors are:
1. In a two-year period, there were three reported collisions that are potentially susceptible to
correction through the installation of an all-way stop control.
Ordinance Amending Chapter 13.20.010 of the Burlingame Municipal Code to Add Stop Signs June 3, 2019
3
2. High density housing units on all-four corners create a high parking demand that compounds
visibility issues.
Additionally, while reviewing the Burlingame Municipal Code for stop signs, staff discovered that
the existing stop signs on Douglas Avenue approaching Primrose Road and Lorton Avenue
approaching Bayswater Avenue were not included in the Municipal Code. Staff is recommending
adding these existing stop signs to update the Municipal Code.
The City Council held a public hearing on May 20, 2019, introduced the attached ordinance, and
requested that staff bring it back for adoption.
FISCAL IMPACT
The costs associated with the installation of stop signs and roadway stop markings are minimal
and will be absorbed within the Public Works Department operations budget.
Exhibits:
• Ordinance
• BMC Update
ORDINANCE NO. ____
AN ORDINANCE OF THE CITY OF BURLINGAME
AMENDING CHAPTER 13.20.010 OF THE BURLINGAME MUNICIPAL CODE TO
ADD S TOP SIGNS AT THREE INTERSECTIONS IN THE CITY
The CITY COUNCIL of the CITY OF BURLINGAME ordains as follows:
Section 1. Factual Background and Findings.
WHEREAS, the City’s Public Works Department received requests for, and
conducted stop sign analysis at the intersections of Primrose Road/Bellevue Avenue,
Primrose Road/Douglas Avenue, and Bayswater Avenue/Lorton Avenue; and
WHEREAS, as part of the analysis, the three intersections satisfied the criteria for
consideration of new stop signs to be installed on a permanent basis; and
WHEREAS, staff presented the matter to the Traffic Safety and Parking
Commission (TSPC) at the April 11, 2019 meeting; and
WHEREAS, based on the TSPC’s deliberation and public input received at the
meeting, the TSPC unanimously recommended permanent installation of stop signs at all
three locations mentioned above; and
WHEREAS, while reviewing the Burlingame Municipal Code, staff discovered that
the existing stop signs on Douglas Avenue approaching Primrose Road, and Lorton
Avenue approaching Bayswater Avenue were not included in the Code. Staff
recommends that the City Council update the Code to include these existing signs.
Section 2. The City Council hereby amends Chapter 13.20.010 of the Burlingame
Municipal Code to add the following intersections for stop signs:
“Primrose Road approaching Bellevue Avenue”,
“Primrose Road approaching Douglas Avenue”,
“Douglas Avenue approaching Primrose Road”,
“Bayswater Avenue approaching Lorton Avenue”,
“Lorton Avenue approaching Bayswater Avenue”.
Section 3. The City Engineer is directed to make the stop signs and stop markings
permanent on Primrose Road approaching Bellevue Avenue, Primrose Road approaching
Douglas Avenue, Douglas Avenue approaching Primrose Road, Bayswater Avenue
approaching Lorton Avenue, and Lorton Avenue approaching Bayswater Avenue.
Section 4. If any section, subsection, sentence, clause or phrase of this Ordinance is
for any reason held to be invalid, such decision shall not affect the validity of the remaining
portions of this Ordinance. The Council declares that it would have adopted the Ordinance
and each section, subsection, sentence, clause or phrase thereof, irrespective of the fact
that any one or more sections, subsections, sentences, clauses or phrases be declared
invalid.
Section 5. This Ordinance shall be published in a newspaper of general circulation in
accordance with California Government Code Section 36933, published, and circulated in
the City of Burlingame, and shall be in full force and effect thirty (30) days after its final
passage.
_________________________________
Donna Colson, Mayor
I, Meaghan Hassel-Shearer, City Clerk of the City of Burlingame, certify
that the foregoing ordinance was introduced at a public hearing at a regular meeting of
the City Council held on the 20th day of May, 2019, and adopted thereafter at a regular
meeting of the City Council held on the 3rd day of June, 2019, by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
__________________________________
Meaghan Hassel-Shearer, City Clerk
13.20.010 Stop intersections.
The operator of any vehicle entering any of the following designated intersections shall
bring the vehicle being driven to a full stop:
(a) Adeline Drive approaching Alvarado Avenue;
Adeline Drive approaching Balboa Avenue;
Adeline Drive approaching Bernal Avenue;
Adeline Drive approaching Cabrillo Avenue;
Adeline Drive approaching Columbus Avenue;
Adeline Drive approaching Poppy Drive;
Adrian Court approaching Adrian Road;
Albermarle Way approaching Ray Drive;
Alturas Drive approaching Hillside Drive;
Alvarado Avenue approaching Hillside Drive, while travelling south (northern
end;)
Alvarado Avenue approaching Hillside Drive, while travelling south (southern
end);
Anita Road approaching Bayswater Avenue;
Anita Road approaching Howard Avenue;
Arguello Drive approaching Sebastian Drive;
Arguello Drive approaching Toledo Avenue;
Arundel Road approaching Bayswater Avenue;
Arundel Road approaching Howard Avenue;
South Ashton Drive approaching Trousdale Drive;
Atwater Drive approaching Hunt Drive.
(b) Balboa Drive approaching Davis Drive;
Balboa Way approaching Ray Drive;
Barroilhet Avenue approaching Cypress Avenue;
Bayswater Avenue approaching Anita Road;
Bayswater Avenue approaching Dwight Road;
Bayswater Avenue approaching Arundel Road;
Bayswater Avenue approaching Bloomfield Road;
Bayswater Avenue approaching Humboldt Road;
Bayswater Avenue approaching Lorton Avenue;
Bayswater Avenue approaching Park Road;
Bellevue Avenue approaching Lorton Avenue;
Bellevue Avenue approaching Primrose Road, including City Hall Circle;
Bernal Drive approaching Devereux Drive;
Bloomfield Road approaching Bayswater Avenue;
Broadway approaching Vancouver Avenue;
Broadway Avenue approaching Cortez;
Burlingame Avenue approaching Anita Road;
Burlingame Avenue approaching Bloomfield Road;
Burlingame Avenue approaching Carolan Avenue and East Lane;
Burlingame Avenue approaching Dwight Road;
Burlingame Avenue approaching Lorton Avenue;
Burlingame Avenue approaching Park Road.
(c) Carmelita Avenue approaching Cortez Avenue;
Carmelita Avenue approaching Vancouver Avenue;
Canyon Road approaching Easton Drive;
Carolan Avenue approaching North Lane;
Castenada Drive approaching Trousdale Drive and Martinez Drive;
Chula Vista Avenue approaching Majilla Avenue;
Clarice Lane approaching Quesada Way;
Columbus Avenue approaching Easton Drive;
Coronado Drive approaching Davis Drive;
Cortez Avenue approaching Carmelita Avenue;
Cortez Avenue approaching Hillside Drive;
Cortez Avenue approaching Sherman Avenue;
Cypress Avenue approaching Barriolhet Avenue.
(d) Davis Drive approaching Quesada Drive;
Devereux Drive approaching Balboa Way;
Douglas Avenue approaching Lorton Avenue;
Douglas Avenue approaching Primrose Road.
(e) East Lane approaching Burlingame Avenue and Carolan Avenue while traveling
west;
East Lane approaching North Lane;
Easton Drive approaching Canyon Road;
Easton Drive approaching Cabrillo Avenue;
Easton Drive approaching Columbus Avenue;
Easton Drive approaching Cortez Avenue;
Easton Drive approaching Montero Avenue;
Easton Drive approaching Vancouver Avenue;
Edgehill Drive approaching Paloma Drive;
El Prado Road approaching Canyon Road;
El Prado Road approaching Summit Drive;
Escalante Drive approaching Rivera Drive.
(f) Fairfield Road approaching Edgehill Drive;
Fairfield Road approaching Palm Drive;
East Frontage Road of El Camino Real approaching Murchison Drive;
East Frontage Road of El Camino Real approaching Trousdale Drive;
West Frontage Road of El Camino Real approaching Murchison Drive;
West Frontage Road of El Camino Real approaching Trousdale Drive;
Frontera Way approaching Sebastian Drive;
Frontera Way approaching Loyola Drive.
(g) [Reserved for future use].
(h) Hale Drive approaching Columbus Avenue;
Highway Road approaching Mills Avenue;
Highway Road approaching Oxford Road/Cambridge Road;
Hillside Circle approaching Hillside Drive;
Hillside Drive approaching Vancouver Avenue;
Hillside Drive approaching Alvarado Avenue, while travelling west;
Hillside Drive departing Alvarado Avenue, while travelling west;
Hillside Drive approaching Cortez Avenue;
Hillside Drive approaching Skyline Boulevard;
Hillside Lane approaching Skyline Boulevard;
Hinckley Road approaching Gilbreth Road;
Howard Avenue approaching Anita Road;
Howard Avenue approaching Arundel Avenue;
Howard Avenue approaching Dwight Road;
Howard Avenue approaching Humboldt Street;
Howard Avenue approaching Lorton Avenue;
Howard Avenue approaching Occidental Avenue;
Howard Avenue approaching Primrose Road;
Humboldt Street approaching Howard Avenue;
Hunt Drive approaching Frontera Way;
Hunt Drive approaching Rivera Drive;
Hunt Drive approaching Trousdale Drive.
(i) [Reserved for future use].
(j) [Reserved for future use].
(k) [Reserved for future use].
(l) La Mesa Drive approaching Hillside Drive;
Larkspur Drive approaching Linden Avenue;
Lexington Way approaching Bloomfield;
Loma Vista Drive approaching Skyline Boulevard;
Private Road at the most northerly end of Loma Vista Drive approaching Loma
Vista Drive;
Lorton Avenue approaching Bayswater Avenue;
Lorton Avenue approaching Burlingame Avenue;
Los Altos Drive approaching Hillside Drive;
Los Montes Drive approaching Hillside Drive;
Loyola Drive approaching Trousdale Drive.
(m) Magnolia Drive approaching Murchison Drive;
Majilla Avenue approaching Chula Vista Avenue;
Malcolm Road approaching Gilbreth Road;
Marco Polo Way approaching Davis Drive;
Marco Polo Way approaching Trousdale Drive;
Margarita Avenue approaching Skyline Boulevard;
Mariposa Drive approaching Frontera Way;
Marsten Road approaching Rollins Road;
Martinez Drive approaching Trousdale Drive and Castenada Drive;
Mitten Road approaching Gilbreth Road;
Montecito Way approaching Frontera Way;
Montero Avenue approaching Easton Drive;
Murchison Drive approaching California Drive;
Murchison Drive approaching Magnolia Drive;
Murchison Drive approaching Ogden Drive while traveling east.
(n) North Lane approaching Carolan Avenue while traveling west;
North Carolan Avenue approaching Rollins Road.
(o) Oak Grove both directions approaching Winchester;
Occidental Avenue approaching Howard Avenue;
Ogden Drive approaching Murchison Drive;
Ogden Drive approaching Trousdale Drive.
(p) Palm Drive approaching Fairfield Road;
Palm Drive approaching Paloma Avenue;
Paloma Drive approaching Easton Drive;
Paloma Drive approaching Palm Drive;
Park Road approaching Burlingame Avenue;
Plymouth Way approaching Bloomfield Road;
Poppy Drive approaching Columbus Avenue;
Primrose Road approaching Bellevue Avenue;
Primrose Road approaching Douglas Avenue.
(q) Quesada Drive approaching Davis Drive;
Quesada Way approaching Ray Drive;
Quesada Way approaching Trousdale Drive.
(r) Ralston Avenue approaching Pepper Avenue;
Ray Drive approaching Balboa Avenue;
Ray Drive approaching Davis Drive;
Ray Drive approaching Devereux Drive;
Rivera Drive approaching Sebastian Drive;
Rivera Drive approaching Skyline Boulevard;
Rollins Road approaching Marsten Road and North Carolan Avenue;
Rollins Road approaching Toyon Drive.
(s) Sanchez Avenue approaching Cortez Avenue;
Sebastian Drive approaching Arguello Drive;
Sebastian Drive approaching Frontera Way;
Sebastian Drive approaching Mariposa Drive;
Sebastian Drive approaching Trousdale Drive;
Sequoia Avenue approaching Murchison Drive;
Sequoia Avenue approaching Trousdale Drive;
Sherman Avenue approaching Cortez Avenue;
Skyline Boulevard approaching Trousdale Drive;
Skyview Drive approaching Skyline Boulevard;
Stanton Road approaching Gilbreth Road;
Summit Drive approaching El Prado Road;
Summit Drive approaching Hillside Circle.
(t) Toledo Avenue and Court approaching Martinez Drive;
Toledo Drive approaching Trousdale Drive;
Trousdale Drive approaching California Drive;
Trousdale Drive approaching Castenada Drive and Martinez Drive;
Trousdale Drive approaching Hunt Drive;
Trousdale Drive approaching Loyola Drive while traveling west;
Trousdale Drive approaching Marco Polo Drive;
Trousdale Drive approaching Ogden Drive;
Trousdale Drive approaching Quesada Drive;
Trousdale Drive approaching Sebastian Drive;
Trousdale Drive approaching Sequoia Avenue;
Trousdale Drive approaching Toledo Drive while traveling east.
(u) [Reserved for future use].
(v) Vancouver Avenue approaching Broadway;
Vancouver Avenue approaching Hillside Drive.
(w) Walnut Avenue approaching Willow Avenue;
Westmoor Road approaching Rosedale Avenue;
Winchester Drive approaching Oak Grove Avenue.
1
STAFF REPORT
AGENDA NO: 8c
MEETING DATE: June 3, 2019
To: Honorable Mayor and City Council
Date: June 3, 2019
From: Lisa K. Goldman, City Manager – (650) 558-7243
Subject: Adoption of a Resolution Authorizing the City Manager to Execute an
Agreement with the Peninsula Conflict Resolution Center for Dispute
Resolution Services
RECOMMENDATION
Staff recommends the City Council adopt a resolution authorizing the City Manager to execute an
agreement with the Peninsula Conflict Resolution Center (PCRC) for dispute resolution services.
BACKGROUND
For the past 23 years, the City has contracted with PCRC to provide dispute resolution services to
the City of Burlingame and its community members. The City is one of many in the county that
contracts with PCRC to provide low-cost community mediation services.
DISCUSSION
Under the proposed contract, which is attached, PCRC will provide the following services:
• Unlimited, free information services
• Free services for individuals including one-party assistance and conciliation; mediation services
offered at a subsidized rate of $30 per party
• Additional conflict resolution services such as trainings, consultations, mediation of complex
situations, and design and facilitation of community forums
• Facilitation of one three-hour community meeting at the City’s discretion at no charge
FISCAL IMPACT
The total cost of the contract in FY 2019-20 is $20,456.10, which is the same amount the City paid
in FY 2018-19. Funds for this contract are included in the proposed FY 2019-20 budget, in the City
Council’s account for contractual services.
Exhibits:
• Resolution
• Agreement
• 2018-19 Mid-Year Mediation Reports: Cases Opened and Closed
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME AUTHORIZING
THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE PENINSULA CONFLICT
RESOLUTION CENTER FOR DISPUTE RESOLUTION SERVICES
WHEREAS, for the last 23 years, the City has contracted with the Peninsula Conflict
Resolution Center (PCRC) to provide dispute resolution services to the City of Burlingame and its
community members; and
WHEREAS, the City of Burlingame is one of many in the County that contracts with PCRC to
provide low-cost community mediation services; and
WHEREAS, under the proposed contract, PCRC will provide: unlimited, free information
services; mediation services for individuals; additional conflict resolution services such as
trainings, consultations, mediation of complex situation, and design and facilitation of community
forums; and facilitation of one three-hour community meeting at the City’s discretion; and
WHEREAS, the contract cost is $20,456.10 for FY 2019-20; and
WHEREAS, staff has included sufficient funding in the City Council’s proposed budget for FY
2019-20 for this contract.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BURLINGAME RESOLVES AS
FOLLOWS:
The City Manager is authorized to execute an agreement with the Peninsula Conflict Resolution
Center for dispute resolution services for a one-year term beginning July 1, 2019.
____________________________
Donna Colson, 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 3rd day of
June, 2019, and was adopted thereafter by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
____________________________
Meaghan Hassel-Shearer, City Clerk
2018-19
Mediation Programs: Cases Opened
Peninsula Conflict Resolution Center
2018-19 Mid-Year Mediation Report
BURLINGAME
Types of Conflict Cases
Landlord/TenantNeighbor/NeighborConsumer/BusinessWorkplace/OrganizationInter-OrganizationalFamily/DomesticCommunityOtherTotal Cases OpenedConsultationsInfo and ReferralConsultationsInfo and Assistance# of ParticipantsComplexTotals: Quarter 312FQ1
Totals: Quarter 2 42FQ2 5
Totals: Quarter
Totals: Quarter
2 7Totals to date:
COUNTYWIDE
Definition of Terms:
Complex cases: Cases are designated as "Complex" when they involve multiple parties and/or require on-going service.
Consultations: "Info and Referral" includes those calls that are referred to another resource or agency. "Info and Assistance" includes those calls
that require more extensive assistance, such as research done on behalf of the caller or coaching.
Totals to date:12 19 2 3 11 2 3 142
2018-19
2018-19
3 2
61 296
5
131
2018-19
Mediation Programs: Disposition of Closed Cases
Peninsula Conflict Resolution Center
2018-19 Mid-Year Mediation Report
BURLINGAME
Conflict Case Outcomes
Mediation/No AgreementMediation CancelledDid Not AppearOne Party AssistRequest CancelledRequest Cancelled/ResolvedMediation Declined# of ParticipantsTotal Cases ClosedNot AppropriateNo ResponseMediation
Agreements
ConciliationFully SustainedPartialy SustainedNot SustainedConsultationsInfo and ReferralConsultationsInfo and AssistanceTotals: Quarter 3FQ112
Totals: Quarter 1 3FQ22 3
Totals: Quarter 0
Totals: Quarter 0
Totals to date:
COUNTYWIDE
Definition of Terms:
Mediation: Parties have met face-to-face in the presence of mediators for at least one session.
Conciliation: PCRC worked with parties individually, but the parties did not meet face to face. The majority of the time these cases
result in an agreement that resolves the situation.
One Party Assist: If mediation or conciliation did not occur, but assistance was provided to one of the parties.
Sustained: If an agreement is reached, PCRC contacts the parties at a later date to determine whether the agreement was fully,
partially, or not sustained.
Not Appropriate: PCRC staff determines that mediation is not appropriate in this particular situation.
Consultations: "Info and Referral" includes those calls that are referred to another resource or agency. "Info and Assistance" includes
those calls that require more extensive assistance, such as research done on behalf of the caller or coaching.
Totals to date:1 3 1 135
2018-19
2018-19
1 6
2 1 16 14 3 4
3 2
61 29
3
77
1
STAFF REPORT
AGENDA NO: 8d
MEETING DATE: June 3, 2019
To: Honorable Mayor and City Council
Date: June 3, 2019
From: Lisa K. Goldman, City Manager – (650) 558-7243
Subject: Adoption of a Resolution Approving and Authorizing the City Manager to
Execute an Agreement with the Burlingame Chamber of Commerce to
Provide Information and Promotion Services in Fiscal Year 2019-2020
RECOMMENDATION
Staff recommends that the City Council adopt the attached resolution approving and authorizing
the City Manager to execute the annual promotional activities agreement with the Burlingame
Chamber of Commerce.
BACKGROUND
Each year, the City of Burlingame enters into an agreement with the Burlingame Chamber of
Commerce in which the Chamber provides various promotional activities in exchange for City
funding.
DISCUSSION
The City of Burlingame contracts with the Burlingame Chamber of Commerce to provide
promotional and information services to businesses, visitors, and residents. The services include:
• Distribution of materials and information to businesses and residents about Burlingame
programs, events, and activities.
• Referral services to businesses and residents about Burlingame City government.
• Sponsorship and coordination of community events involving merchants, businesses, and the
public.
• Promotion of business, community, and economic development activities.
During the 2018-2019 fiscal year, the Chamber held Burlingame on the Avenue in August 2018,
and included booths in which the City promoted Parks and Recreation Department programs and
disseminated other information. The event will be held the weekend of August 17-18 this year.
The Sunday Fresh Market continues to be held year-round, and the Thursday Fresh Market
currently runs from May through mid-September. City/community booths are made available during
the Fresh Markets, including during the Streets Alive! Parks Alive! event in May. The Chamber
also provides ongoing counseling services to businesses including marketing opportunities
available at the Fresh Market.
Chamber of Commerce Agreement June 3, 2019
2
The Chamber promotes local businesses by hosting ribbon cuttings for new businesses and
assisting with anniversary celebrations for long-standing businesses. And, the Chamber provides
communication services to businesses and works with the City’s Economic Development Specialist
on issues of concern to Burlingame businesses.
At the January annual meeting, the Mayor provided an update on the City for attendees, and the
Chamber and City partnered to bestow the City’s green business award to Dewey Land Company.
The Chamber also continues to include two City Councilmembers in their monthly Board meeting,
which has proven to be an invaluable way to exchange information.
A complete listing of all services is included in the attached Agreement.
FISCAL IMPACT
The City Council’s proposed FY 2019-20 budget contains $31,706 for the Chamber of Commerce
agreement. This is a 3% increase over the amount provided in FY 2018-19; the last increase
occurred in FY 2012-13.
Exhibits:
• Resolution
• Agreement
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME APPROVING AND
AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE BURLINGAME
CHAMBER OF COMMERCE TO PROVIDE INFORMATION AND PROMOTION SERVICES IN
FISCAL YEAR 2019-2020
WHEREAS, the Burlingame Chamber of Commerce assists the City of Burlingame by responding
to inquiries from business, visitors, and residents about the public and private services available in the
community; and
WHEREAS, the Burlingame Chamber of Commerce also coordinates and promotes community
events, such as Burlingame on the Avenue, the December Merchant Holiday Open House and Tree
Lighting Ceremony, the Fresh Market, and the Broadway Holiday Cheer event; and
WHEREAS, Government Code sections 40100 and following allow the City to appropriate money
to publicize and advertise the City and its events and services; and
WHEREAS, the Burlingame Chamber of Commerce has provided these services to the community
on a timely, professional basis for many years; and
WHEREAS, the Chamber has agreed to provide these activities and programs for the 2019-2020
fiscal year.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BURLINGAME RESOLVES AS
FOLLOWS:
1. The City Council hereby approves the Agreement with the Burlingame Chamber of
Commerce in the form attached hereto.
2. The City Council authorizes and directs the City Manager to execute the Agreement for and
on behalf of the City.
____________________________
Michael Brownrigg, 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 3rd day of June,
2019, and was adopted thereafter by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
____________________________
Meaghan Hassel-Shearer, City Clerk
1
AGREEMENT
PROMOTIONAL ACTIVITIES – CHAMBER OF COMMERCE
This Agreement is made and entered into as of the ______ day of ______, by and
between the City of Burlingame, a municipal corporation of the State of California
(hereinafter referred to as “City”), and the Burlingame Chamber of Commerce (hereinafter
referred to as “Chamber”), with reference to the following Recitals:
RECITALS:
WHEREAS, City desires to promote its advantages as a business, educational,
cultural, recreational and residential center, and to disseminate information relative thereto,
and to properly respond to inquiries made from time to time relating to the various activities
of City;
NOW, THEREFORE, the parties hereby agree as follows:
AGREEMENT:
1. Duties of Chamber. In exchange for the consideration specified in paragraph 3 below,
Chamber shall perform the following promotional activities on behalf of City:
a. Distribute materials and information to those residents who opt in to
receiving the information and businesses about Burlingame relating to the
activities described in Exhibit A attached hereto and incorporated herein by
reference. Access to resident information shall comply with all relevant
law.
b. Answer public inquiries about community facilities, events, organizations,
businesses, and other community informational needs, through availability
on a “walk-in” basis, as well as through mailings, telephone and e-mail.
c. Provide referral services from citizens and businesses about appropriate
City or government offices, including without limitation, the City Business
License office (located in the Water Department), Recreation Department,
Planning Department, Public Works Department, Police Department and
Fire Department.
d. Promote community events involving merchants and businesses requiring
City services as needed.
e. Sponsor/coordinate/advertise special events and activities involving
businesses and the public, including the following:
1. Produce Burlingame On the Avenue
2
2. Promote the December Merchant Holiday Open House and Tree
Lighting Ceremony
3. Conduct Sunday Fresh Market, which may be held year-round, and
seasonal Thursday Fresh Market as long as it is viable
4. Co-sponsor Broadway Holiday Cheer event
f. Produce/distribute materials about Burlingame, as follows:
1. Burlingame/Hillsborough Street Map, including providing 300
copies to the City of Burlingame
g. Promote business, community and economic development through the
activities described in Exhibit B attached hereto and incorporated by
reference herein.
h. Assist City with promotion of the currently operating commuter shuttle
service between the Broadway Caltrain station and the business area east of
the Bayshore Freeway.
i. In conjunction with the City, promote the retention and relocation of
businesses to Burlingame.
j. Maintain and operate an office open to the general public for discharging
the obligations of Chamber under the terms of this Agreement (including,
without limitation, promoting the residential and business attributes of
Burlingame to the public).
k. Employ competent personnel to carry on the promotional activities
enumerated herein.
l. Work to develop a partnership with the City of Burlingame’s business
improvement districts that includes the exploration of ongoing “Buy
Burlingame” campaigns.
2. Certain Political Activities Prohibited. The Chamber shall not support, endorse or
oppose any candidate for municipal, county or school elections in San Mateo County.
The Chamber may conduct candidate debate forums or similar events of a public
information nature. Further, Chamber shall not use any proceeds received from City
pursuant to this agreement to support, endorse or oppose any measure or candidate.
3
3. Consideration.
a. General Promotional Activities. City shall pay Chamber, in the manner
specified below, the sum of Thirty-one Thousand, Seven Hundred and
Six Dollars ($31,706) for general promotional services performed by
Chamber hereunder for the period commencing July 1, 2019, and ending
June 30, 2020. The foregoing sum shall be paid in twelve equal consecutive
monthly installments commencing July 1, 2019. Chamber shall send to City
on the first (1st) day of each month a written invoice describing in a
summary manner the services for which Chamber is to be paid. Invoices
dated the first day of each month shall be paid no later than the fifteenth day
of each month.
4. Assignment. This Agreement shall not be assigned by Chamber without the written
consent of City.
5. Notices. All written notices and demands which either party may serve on the other
may, as an alternative to personal service, be served by registered or certified mail.
Any such notice or demand so served shall be deposited in the United States mail with
postage fully prepaid and addressed to the party at the address specified below:
City: City Manager
City Hall
501 Primrose Avenue
Burlingame, CA 94010
Chamber: President
Burlingame Chamber of Commerce
417 California Drive
Burlingame, CA 94010
Either party may change such address by notice in writing to the other party,
and thereafter notices shall be addressed and transmitted to the new address.
6. Relationship of parties. It is agreed the Chamber is an independent contractor, and all
persons working for or under the direction of Chamber or its agents, servants and
employees are not agents or employees of City.
7. Termination. This Agreement shall commence on July 1, 2019 and shall terminate on
June 30, 2020, unless extended by the parties in writing.
8. Governing Law. This Agreement shall be governed by and construed in accordance
with the laws of the State of California.
9. Entire Agreement. The terms of this Agreement are intended by the parties as a final
expression of their agreement and may not be contradicted by evidence of any prior or
contemporaneous agreement. This Agreement constitutes the exclusive statement of
4
its terms and no extrinsic evidence whatsoever may be introduced in any judicial
proceedings involving this Agreement.
10. Attorneys’ Fees. In the event of any litigation between the parties hereto to enforce
any of the provisions of this Agreement, the unsuccessful party to such litigation shall
pay to the successful party all costs and expenses, including reasonable attorneys’ fees
incurred by the successful party, all of which may be included as part of the judgment
rendered in such litigation.
11. Severability. If any provision of this Agreement should be invalid or unenforceable
the remaining provisions shall not be affected thereby, and every provision hereof shall
be valid and enforceable to the fullest extent permitted by law.
12. Headings. The title and headings of the various sections hereof are included for
purposes of reference only and are not intended to place any construction on the
provisions hereof.
IN WITNESS WHEREOF the parties have executed this Agreement as of the date first
set forth above.
CITY OF BURLINGAME: CHAMBER OF COMMERCE:
By________________________ By ________________________
Lisa K. Goldman, City Manager Georgette Naylor, President
Attested:
By________________________ By________________________
Approved as to form:
Kathleen Kane
City Attorney
5
EXHIBIT A
DISTRIBUTION OF MATERIALS AND INFORMATION
1. Burlingame demographics
2. Essential information for new Burlingame residents who opt in to receiving the
information, including, without limitation, information materials for Burlingame
Newcomers Club for all new Burlingame residents contacted by the club.
3. Community event information including:
a. Broadway Festival (when applicable)
b. Burlingame On the Avenue
c. Concert in the Park Series
d. Concerts at Kohl Mansion
e. Public elementary school, public and private high school events
f. Burlingame & Broadway Area Business Improvement Districts
g. Merchant Sidewalk Sales
h. December – Merchant Holiday Open House and Tree Lighting
4. Public transportation information (SamTrans, Caltrain, BART, and Burlingame
Trolley)
5. Historical information – Burlingame
6. Churches, parks, and schools in Burlingame
7. Wedding/meeting sites information
8. Clubs and organizations information
9. Hotel and restaurant information
10. Realtor information
11. Burlingame business relocation assistance
12. Burlingame business economic profile
13. Publication handouts as available, including the Burlingame Recreation Department
Brochures
14. Direction or resource information to meet unique or uncommon requests
6
EXHIBIT B
ADDITIONAL RESPONSIBILITIES PROMOTING BUSINESS, COMMUNITY
AND ECONOMIC DEVELOPMENT
1. Promote special community meetings, seminars, and special events
2. Promote community events and services and provide opportunity for City to promote
its activities at the Fresh Market and Burlingame on the Avenue
3. Provide information to Burlingame elementary schools about Burlingame as requested
4. Use Chamber membership advertising and promotional budget to promote Burlingame
in coordination with the Business Associations and Business Improvement Districts
5. Prepare publicity releases for community events
6. Engage in ongoing business economic development programs:
a. Hotels
b. Office Buildings
c. Providing meeting space for SCORE counselor in Chamber office for
business counseling as requested
7. Represent Chamber at San Mateo County PROGRESS SEMINAR to study regional
issues
8. Respond to City of Burlingame requests regarding all business issues
9. Participate in meetings with stakeholders regarding Burlingame Trolley
10. Promote commercial recycling activities and programs among Chamber membership
1
STAFF REPORT
AGENDA NO: 8e
MEETING DATE: June 3, 2019
To: Honorable Mayor and City Council
Date: June 3, 2019
From: Syed Murtuza, Director of Public Works – (650) 558-7230
Subject: Adoption of a Resolution Approving a Professional Services Agreement with
BKF for Engineering Design Services Related to the Old Bayshore Highway
Corridor Study, City Project No. 85490 and Authorizing the City Manager to
Execute the Agreement
RECOMMENDATION
Staff recommends that the City Council adopt the attached resolution approving a professional
services agreement with BKF in the amount of $168,614 for engineering design services related to
the Old Bayshore Highway Corridor Study, City Project No. 85490, and authorizing the City
Manager to execute the agreement.
BACKGROUND
Old Bayshore Highway is a major north-south arterial in Burlingame. It connects Burlingame with
Millbrae to the north and is a gateway for visitors to Burlingame with several hotels along the
roadway. It varies in width from approximately 60 feet to over 100 feet wide; with the number of
lanes varying between four and eight.
Old Bayshore Highway is a key component of the City’s recently adopted 2040 General Plan.
Development in the Bayfront area is critical in maintaining a diversified economic base for a wide
range of businesses and employment opportunities. As this area is redeveloped to encourage new
office, research, and technology spaces, the corridor also needs to be revitalized to match the
changing uses. Old Bayshore Highway was designed primarily for motor vehicles. The bicycle and
pedestrian facilities are limited to Class III (“share the road”) and sidewalks up against the vehicular
path of travel.
The City Council approved funding to conduct a corridor study as part of the FY 2018-19 Capital
Improvement Program. The study will identify opportunities to redevelop the roadway to better
accommodate all modes of transportation and enhance the experience while travelling along Old
Bayshore Highway.
DISCUSSION
Staff issued a Request for Proposals (RFP) for professional traffic engineering services and
received multiple proposals from firms. After careful evaluation and interviews, staff developed a
PSA for Old Bayshore Highway Corridor Study Project June 3, 2019
2
list of qualified firms to use for current and future projects. Based on their project team, staff
selected BKF as the most qualified firm due to their understanding of the overall project, project
needs, a well-defined scope of work, and quality of proposal. Staff has negotiated the following
scope of services with BKF:
• Project Management – Develop and maintain critical path project schedule; attend
meetings with City staff to review progress; and provide quality control monitoring process
for contract deliverables.
• Data Gathering – Conduct pre-design investigations; field analysis, including surveying;
obtaining as-builts; utility mapping; and preparation of base map.
• Traffic Engineering – Collect vehicle, bicycle and pedestrian volume counts and
accident/collision history analysis for the preparation of a traffic analysis study.
• Conceptual Design – Create up to three conceptual plans of roadway and intersection
modifications along California Drive for public outreach meetings. Plans should include
proposed cross-sections layout, striping, and identify areas for stormwater best
management practices and landscaping.
• Public Outreach – Conduct five public meetings, including two community outreach
meetings. The community meetings will gather input, obtain support for design concepts,
and help select a preliminary design. Additional meetings will include discussions with the
Traffic Safety and Parking Commission and ultimately a presentation to the City Council.
A project newsletter will be created for project updates and other relevant material.
• Final Product – Final Corridor Plan with an executive summary, process descriptions,
summary of design standards, cost estimates, and implementation programming with
prioritization. All work products developed over the course of the project will be compiled
into a cohesive, easy-to-read report.
FISCAL IMPACT
The estimated consultant fee for completing the Corridor Study is approximately $168,614, and the
City Council has appropriated $200,000 as part of the FY 2018-19 Capital Improvement Program
for this effort. Any savings from this project phase will be available toward future work in
implementing the selected alternative.
Exhibits:
• Resolution
• Professional Services Agreement
• Project Location Map
RESOLUTION NO. _______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME
APPROVING A PROFESSIONAL SERVICES AGREEMENT WITH BKF FOR THE
OLD BAYSHORE HIGHWAY CORRIDOR STUDY AND AUTHORIZING THE CITY
MANAGER TO EXECUTE THE AGREEMENT
CITY PROJECT NO. 85490
RESOLVED, by the CITY COUNCIL of the City of Burlingame, California which FINDS,
ORDERS and DETERMINES AS FOLLOWS:
1. The public interest and convenience require execution of the agreement cited in
the title above.
2. The City Manager is authorized to sign said agreement on behalf of the City of
Burlingame.
3. The City Clerk is instructed to attest such signature.
_____________________________
Mayor
I, Meaghan Hassel Shearer, City Clerk of the City of Burlingame, certify that the foregoing
Resolution was introduced at a regular meeting of the City Council held on the 3rd day of June,
2019 and was adopted thereafter by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
_____________________________
City Clerk
Page 1 of 8
AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES
WITH BKF ENGINEERS
OLD BAYSHORE HIGHWAY CORRIDOR PLAN
CITY PROJECT NO. 85490
THIS AGREEMENT is entered into this ___________ day of ____________,
2019, by and between the City of Burlingame, State of California, herein called the "City",
and BKF ENGINEERS engaged in providing PROFESSIONAL ENGINEERING services
herein called the "Consultant".
RECITALS
A. The City is considering conducting activities for consultant engineering services
for a feasibility study for the Old Bayshore Highway Corridor Plan, City Project
No.85490.
B. The City desires to engage a professional engineering consultant to provide
professional engineering services because of Consultant’s experience and
qualifications to perform the desired work, described in Exhibit A.
C. The Consultant represents and affirms that it is qualified and willing to perform the
desired work pursuant to this Agreement.
AGREEMENTS
NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS:
1. Scope of Services. The Consultant shall provide professional engineering
services to complete a feasibility study of improvements to Old Bayshore Highway
from Airport Boulevard to the northern City limits and as detailed in “Scope of
Services” of the attached Exhibit A of this agreement.
2. Time of Performance. The services of the Consultant are to commence upon the
execution of this Agreement with completion of all work by December 2020.
3. Compliance with Laws. The Consultant shall comply with all applicable laws,
codes, ordinances, and regulations of governing federal, state and local laws.
Consultant represents and warrants to City that it has all licenses, permits,
qualifications and approvals of whatsoever nature which are legally required for
Page 2 of 8
Consultant to practice its profession. Consultant represents and warrants to City
that Consultant shall, at its sole cost and expense, keep in effect or obtain at all
times during the term of this Agreement any licenses, permits, and approvals
which are legally required for Consultant to practice its profession. Consultant
shall maintain a City of Burlingame business license.
4. Sole Responsibility. Consultant shall be responsible for employing or engaging
all persons necessary to perform the services under this Agreement.
5. Information/Report Handling. All documents furnished to Consultant by the City
and all reports and supportive data prepared by the Consultant under this
Agreement are the City's property and shall be delivered to the City upon the
completion of Consultant's services or at the City's written request. All reports,
information, data, and exhibits prepared or assembled by Consultant in
connection with the performance of its services pursuant to this Agreement are
confidential until released by the City to the public, and the Consultant shall not
make any of these documents or information available to any individual or
organization not employed by the Consultant or the City without the written
consent of the City before such release. The City acknowledges that the reports
to be prepared by the Consultant pursuant to this Agreement are for the purpose
of evaluating a defined project, and City's use of the information contained in the
reports prepared by the Consultant in connection with other projects shall be
solely at City's risk, unless Consultant expressly consents to such use in writing.
City further agrees that it will not appropriate any methodology or technique of
Consultant which is and has been confirmed in writing by Consultant to be a trade
secret of Consultant.
6. Compensation. Compensation for Consultant's professional services shall not
exceed $168,614.00; and payment shall be based upon City approval of each
task.
Billing shall include current period and cumulative expenditures to date and shall
be accompanied by a detailed explanation of the work performed by whom at
what rate and on what date. Also, plans, specifications, documents or other
pertinent materials shall be submitted for City review, even if only in partial or draft
form.
7. Availability of Records. Consultant shall maintain the records supporting this
billing for not less than three (3) years following completion of the work under this
Agreement. Consultant shall make these records available to authorized
Page 3 of 8
personnel of the City at the Consultant's offices during business hours upon
written request of the City.
8. Project Manager. The Project Manager for the Consultant for the work under this
Agreement shall be Mr. Jason Mansfield, Associate.
9. Assignability and Subcontracting. The services to be performed under this
Agreement are unique and personal to the Consultant. No portion of these
services shall be assigned or subcontracted without the written consent of the
City.
10. Notices. Any notice required to be given shall be deemed to be duly and
properly given if mailed postage prepaid, and addressed to:
To City: Andrew Wong, Senior Engineer
City of Burlingame
501 Primrose Road
Burlingame, CA 94010
To Consultant: Mr. Jason Mansfield, Associate
BKF Engineering
255 Shoreline Drive, Suite 200
Redwood City, CA 94065
or personally delivered to Consultant to such address or such other address as
Consultant designates in writing to City.
11. Independent Contractor. It is understood that the Consultant, in the performance
of the work and services agreed to be performed, shall act as and be an
independent contractor and not an agent or employee of the City. As an
independent contractor he/she shall not obtain any rights to retirement benefits or
other benefits which accrue to City employee(s). With prior written consent, the
Consultant may perform some obligations under this Agreement by
subcontracting, but may not delegate ultimate responsibility for performance or
assign or transfer interests under this Agreement.
Consultant agrees to testify in any litigation brought regarding the subject of the
work to be performed under this Agreement. Consultant shall be compensated
for its costs and expenses in preparing for, traveling to, and testifying in such
matters at its then current hourly rates of compensation, unless such litigation is
Page 4 of 8
brought by Consultant or is based on allegations of Consultant's negligent
performance or wrongdoing.
12. Conflict of Interest. Consultant understands that its professional responsibilities
is solely to the City. The Consultant has and shall not obtain any holding or
interest within the City of Burlingame. Consultant has no business holdings or
agreements with any individual member of the Staff or management of the City or
its representatives nor shall it enter into any such holdings or agreements. In
addition, Consultant warrants that it does not presently and shall not acquire any
direct or indirect interest adverse to those of the City in the subject of this
Agreement, and it shall immediately disassociate itself from such an interest
should it discover it has done so and shall, at the City’s sole discretion, divest
itself of such interest. Consultant shall not knowingly and shall take reasonable
steps to ensure that it does not employ a person having such an interest in this
performance of this Agreement. If after employment of a person, Consultant
discovers it has employed a person with a direct or indirect interest that would
conflict with its performance of this Agreement, Consultant shall promptly notify
City of this employment relationship, and shall, at the City’s sole discretion, sever
any such employment relationship.
13. Equal Employment Opportunity. Consultant warrants that it is an equal
opportunity employer and shall comply with applicable regulations governing
equal employment opportunity. Neither Consultant nor its subcontractors do and
neither shall discriminate against persons employed or seeking employment with
them on the basis of age, sex, color, race, marital status, sexual orientation,
ancestry, physical or mental disability, national origin, religion, or medical
condition, unless based upon a bona fide occupational qualification pursuant to
the California Fair Employment & Housing Act.
14. Insurance.
A. Minimum Scope of Insurance:
i. Consultant agrees to have and maintain, for the duration of the
contract, General Liability insurance policies insuring him/her and
his/her firm to an amount not less than: One million dollars
($1,000,000) combined single limit per occurrence and two million
dollars ($2,000,000) aggregate for bodily injury, personal injury and
property damage in a form at least as broad as ISO Occurrence
Form CG 0001.
Page 5 of 8
ii. Consultant agrees to have and maintain for the duration of the
contract, an Automobile Liability insurance policy ensuring him/her
and his/her staff to an amount not less than one million dollars
($1,000,000) combined single limit per accident for bodily injury and
property damage.
iii. Consultant agrees to have and maintain, for the duration of the
contract, professional liability insurance in amounts not less than
two million dollars ($2,000,000) each claim/aggregate sufficient to
insure Consultant for professional errors or omissions in the
performance of the particular scope of work under this agreement.
iv. Any deductibles or self-insured retentions must be declared to and
approved by the City. At the option of the City, either: the insurer
shall reduce or eliminate such deductibles or self-insured retentions
as respects the City, its officers, officials, employees and volunteers;
or the Contractor shall procure a bond guaranteeing payment of
losses and related investigations, claim administration, and defense
expenses.
B. General and Automobile Liability Policies:
i. The City, its officers, officials, employees and volunteers are to be
covered as insured as respects: liability arising out of activities
performed by or on behalf of the Consultant; products and
completed operations of Consultant, premises owned or used by the
Consultant. The endorsement providing this additional insured
coverage shall be equal to or broader than ISO Form CG 20 10 11
85 and must cover joint negligence, completed operations, and the
acts of subcontractors. This requirement does not apply to the
professional liability insurance required for professional errors and
omissions.
ii. The Consultant's insurance coverage shall be endorsed to be
primary insurance as respects the City, its officers, officials,
employees and volunteers. Any insurance or self-insurances
maintained by the City, its officers, officials, employees or
volunteers shall be excess of the Consultant's insurance and shall
not contribute with it.
Page 6 of 8
iii. Any failure to comply with reporting provisions of the policies shall
not affect coverage provided to the City, its officers, officials,
employees or volunteers.
iv. The Consultant's insurance shall apply separately to each insured
against whom a claim is made or suit is brought, except with respect
to the limits of the insurer's liability.
C. In addition to these policies, Consultant shall have and maintain Workers'
Compensation insurance as required by California law. Further,
Consultant shall ensure that all subcontractors employed by Consultant
provide the required Workers' Compensation insurance for their respective
employees.
D. All Coverages: Each insurance policy required in this item shall be
endorsed to state that coverage shall not be canceled except after thirty
(30) days' prior written notice by mail, has been given to the City (10 days
for non-payment of premium). Current certification of such insurance
shall be kept on file at all times during the term of this agreement with the
City Clerk.
E. Acceptability of Insurers: Insurance is to be placed with insurers with a
Best's rating of no less than A-:VII and authorized to do business in the
State of California.
F. Verification of Coverage: Upon execution of this Agreement, Contractor
shall furnish the City with certificates of insurance and with original
endorsements effecting coverage required by this clause. The certificates
and endorsements for each insurance policy are to be signed by a person
authorized by that insurer to bind coverage on its behalf. The certificates
and endorsements are to be on forms approved by the City. All
certificates and endorsements are to be received and approved by the City
before any work commences. The City reserves the right to require
complete, certified copies of all required insurance policies, at any time.
15. Indemnification. To the fullest extent permitted by law, Consultant shall save,
keep and hold harmless indemnify and defend the City, its officers, employees,
authorized agents and volunteers from all damages, liabilities, penalties, costs, or
expenses in law or equity, including but not limited to attorneys’ fees, that may at
any time arise, result from, relate to, or be set up because of damages to property
or personal injury received by reason of, or in the course of performing work which
Page 7 of 8
arise out of, pertain to, or relate to, directly or indirectly, in whole or in part, the
negligence, recklessness, or willful misconduct of Consultant, or any of the
Consultant’s officers, employees, or agents or any subconsultant. This provision
shall not apply if the damage or injury is caused by the sole negligence, active
negligence, or willful misconduct of the City, its officers, agents, employees, or
volunteers.
16. Waiver. No failure on the part of either party to exercise any right or remedy
hereunder shall operate as a waiver of any other right or remedy that party may
have hereunder, nor does waiver of a breach or default under this Agreement
constitute a continuing waiver of a subsequent breach of the same or any other
provision of this Agreement.
17. Governing Law. This Agreement, regardless of where executed, shall be
governed by and construed under the laws of the State of California. Venue for
any action regarding this Agreement shall be in the Superior Court of the County
of San Mateo.
18. Termination of Agreement. The City and the Consultant shall have the right to
terminate this agreement with or without cause by giving not less than fifteen (15)
days written notice of termination. In the event of termination, the Consultant
shall deliver to the City all plans, files, documents, reports, performed to date by
the Consultant. In the event of such termination, City shall pay Consultant an
amount that bears the same ratio to the maximum contract price as the work
delivered to the City bears to completed services contemplated under this
Agreement, unless such termination is made for cause, in which event,
compensation, if any, shall be adjusted in light of the particular facts and
circumstances involved in such termination.
19. Amendment. No modification, waiver, mutual termination, or amendment of this
Agreement is effective unless made in writing and signed by the City and the
Consultant.
20. Disputes. In any dispute over any aspect of this Agreement, the prevailing party
shall be entitled to reasonable attorney's fees, as well as costs not to exceed
$7,500 in total.
21. Entire Agreement. This Agreement constitutes the complete and exclusive
statement of the Agreement between the City and Consultant. No terms,
conditions, understandings or agreements purporting to modify or vary this
EXHIBIT A
SCOPE OUTLINE
Old Bayshore Highway Corridor Plan
The City of Burlingame is requesting services for a feasibility study of improvements to
Old Bayshore Highway from Airport Boulevard to the northern City Limits. The City’s
latest General Plan effort has identified Old Bayshore Highway from Airport Boulevard to
the northern City Limits as an area primed for redevelopment. The City would like to
create more convenient and comfortable vehicular, bicycle, and pedestrian
connections along this corridor. Along with this effort, the City would like to further
explore enhancing the streetscape aesthetics to be more inviting and pleasing for
these users, as well as the numerous visitors to the area. This study will also include an
analysis and conceptual design of the Bay Trail parallel to the Old Bayshore Corridor
and grant application assistance including preparation of graphics and text.
Preliminary design will also include considerations for:
- FEMA requirements. This area is identified to be mostly within the flood zone
on the preliminary FIRM’s. There are no levees currently constructed along
the bay front, therefore we expect the Bay Trail gap closure to be elevated
above the flood zone, have a levee wall outboard of the trail, or a
combination.
- BCDC requirements. Based on typical project conditions we have seen
recently, along with standard guidelines, we will include elements expected
to be required by BCDC for the Bay Trail gap closure. This will also include
resiliency for sea level rise.
- With the popularity of Uber, Lyft, and other ride sharing services, pick-up and
drop off facilities become important. These are especially important with the
type of land uses in the area such as hotels and restaurants.
- Similarly, with BART, Caltrain, and SFO nearby, a Complete Streets design
should accommodate mass transit connections and shuttles.
- This segment of Old Bayshore services commuters on bicycle. Large groups
of bicyclists have been observed commuting along this segment. These
types of users are not expected to be the same as the people riding bicycles
for recreation along the Bay Trail.
- The Specific Plan for the area envisions significant redevelopment along this
corridor. Designs should be flexible to accommodate the future redeveloped
sites and attractive to developers by identifying specific details that inform
expectations.
EXHIBIT A
PROJECT TASKS
1.0 BACKGROUND AND EXISTING CONDITIONS ANALYSIS
1.01 Grant Assistance: The City will be preparing a Sustainable Communities Grant
application for the project and will require supplemental information to support
the application. Proceed to prepare three conceptual design vignettes of
Bayshore Highway to illustrate variations in design utilizing complete streets
principals. The plans will illustrate at twenty scale variations in lane configurations,
bicycle infrastructure, enhanced bus stops, and green infrastructure.
Additionally, prepare a project limits diagram and provide draft text in bullet
form to help the City in the actual application narrative.
1.02 Project Kick-off Meeting: Prepare for and facilitate an initial meeting with city
staff to review overall project objectives, approach, project management and
schedule, Stakeholder Group make-up, outreach strategy, key concerns and
other aspects of the project. In coordination with the city, we will prepare a
meeting agenda and a meeting summary.
1.03 Project Management: Initiate project management protocols:
a. Biweekly conference calls: With the goal of maximizing communication
between design team and city staff initiate bi-weekly phone conferences
to discuss project status for the duration of the project. Task assumes one
(1) hour for each call.
b. Meeting summaries: Submitted within two days of meetings with clear
identification of action items, responsible parties and due dates.
c. Agendas: Reviewed in advance these will keep meetings focused and
ensure comprehensive communication.
1.04 Project Schedule: Prepare a detailed project schedule in MS Project format.
Schedule will be modified and submitted on a monthly basis with completed
tasks and critical path items clearly indicated.
1.05 Outreach Plan: The project budget is based on the tasks described herein. We
expect the outreach plan may evolve or change during the project, and
optional tasks may be substituted up to the available budget. Proposed
outreach methods will include:
a. Community Workshops / Business Owners (3): Three community workshops
will be held throughout the process. The goal is to maximize community
EXHIBIT A
involvement and consensus building. Workshops will be fun, engaging,
and interactive. See below for specifics regarding each workshop.
b. Newsletter: A newsletter moves beyond a meeting announcement and
provides project background, updates, and project graphics to maximize
interest and participation. It will clearly indicate opportunities for public
input including meeting dates and locations as well as on-line materials.
c. Project Website: Throughout the project, Callander Associates will
coordinate with the City and provide presentation materials and
workshop summaries in PDF/ JPG format for City staff to place on the
City’s website. Callander Associates will also provide text narratives for
updates on the City’s social media and e-mail blast accounts, including
Facebook, Twitter, and NextDoor.
1.06 Review Background Materials: Obtain and review reference information
provided by City for use in preliminary design efforts. Summarize findings in a
summary memo which shall detail considerations in plan development. Prepare
base sheets at a scale of 1”=200’ to consist of a compilation of available aerial
photos (City and web based), record documents and field measurements of key
right-of-ways to confirm dimensions. Background research shall include the
following:
a. Review public right-of-way improvements for planned private
development and public projects in the project area.
b. Review applicable City planning documents.
c. Review traffic count data and summarized collision history.
1.07 Topographic Survey: Using NAVD88 datum and the California Coordinate
system, we will provide an aerial topographic survey with photo for the Old
Bayshore corridor as well as the Bay Trail within the project area. The flight panels
will be set using GPS control and using conventional field survey methods. Flight
control will be set to provide an aerial topographic survey with the entire corridor
and the shoreline band on the same coordinate system. We assume the aerial
survey will provide sufficient detail for this phase of work. We will also overlay
record right of way lines based on County GIS and record maps. Supplemental
conventional topographic survey would need to be performed for future design
phases. Optional services can be added to include preliminary title reports and
a resolved boundary survey with Record of Survey.
1.08 Site Reconnaissance: Conduct an existing conditions assessment/site visit of the
project area, including, but not limited to: streetscape features, pedestrian and
transit facilities, bicycle network, urban forest, approximate roadway width and
EXHIBIT A
speed limits, and intersection layout. Additionally the existing Bay Trail will be
evaluated for site conditions, gap analysis, opportunity sites, and constraints.
1.09 Traffic Analysis: Hexagon Transportation Consultants, Inc. will prepare a
transportation analysis of the Old Bayshore Highway to study complete streets
modifications which could include a combination of bike lanes, wider sidewalks,
enhanced lighting and landscaping, and medians. Hexagon proposes to study
the existing traffic operations along Old Bayshore Highway and will also analyze
the future traffic forecasts. Hexagon also will count bicycle and pedestrian
volume along the corridor. Subtasks to include;
a. Site Reconnaissance. The physical characteristics of the site and the
surrounding roadway network will be reviewed to identify existing
roadway cross-sections, intersection lane configurations, traffic control
devices, and surrounding land uses.
b. Observation of Existing Traffic Conditions in the Study Area. Existing traffic
conditions will be observed in the field in order to identify any operational
deficiencies and to confirm the accuracy of calculated levels of service.
c. Data Collection. Existing weekday AM (7:00 – 9:00 AM) and PM (4:00 – 6:00
PM) peak-hour traffic volumes will be obtained from new counts at 9
cross-street intersections. Counts will include bicycles and pedestrians. As
an optional task, Hexagon will count existing peak-hour volume at all the
driveways in the corridor. It is estimated there are about 46 driveways
along the corridor.
d. Evaluation of Existing Conditions. Existing traffic conditions will be
evaluated based on levels of service at the 9 study intersections. Existing
conditions also will include a description of transit, bicycle, and pedestrian
operations along Old Bayshore Highway.
e. Evaluation of Baseline Future Conditions. Future conditions at the study
intersections and along the corridor will be evaluated based on forecasts
from the General Plan model runs. The General Plan forecasts include
traffic from planned new development in the Bayfront Area and in
adjacent cities.
f. Evaluation of Project Conditions. Hexagon will check intersection levels of
service with the range of improvements that would be suggested by the
study team. These could include bike lanes, reduction in travel lanes,
wider sidewalks, and a center median. In the case of a center median,
the increase in U-turns will be estimated. If the optional task to count all
the driveways is authorized, then the increase in U-turns can be
calculated rather than estimated.
EXHIBIT A
g. Meetings. Includes Hexagon staff attendance at two meetings in
Burlingame with the study team.
h. Reports. Findings and recommendations will be summarized in a draft
transportation memo. Hexagon will respond to editorial comments on the
draft and prepare a final transportation report.
1.10 Existing Conditions Evaluation: Summarize findings from above graphically within
an existing conditions plan to illustrate the existing site conditions and context.
Plan will include:
a. Existing Conditions Plan (land use, existing parking locations, existing urban
forest)
b. Existing Circulation Plan (vehicular traffic, bicycle facilities, sidewalks,
crosswalks, bus routes, stops, and circulation)
c. Opportunities and Constraints Plan (identify key opportunity sites,
congestion areas, destinations, gaps in amenities, potential social spaces,
crossing locations, etc.)
1.11 Inspiration Images: Compile a list of major streetscape categories that may
include travel lane configurations, sidewalk configurations, thematic character,
intersection improvements, bicycle enhancements, streetscape amenities, etc.
Utilize pictures to illustrate the range of opportunities in each category. Format
images and prepare a series of inspiration image boards that facilitate better
understanding of opportunities and help engage community members in
meaningful prioritization exercises during the workshops.
1.12 Community Newsletter: Prepare project newsletter once during the process.
Newsletter shall contain a combination of graphic images and text information
about the project and the community involvement process, including
dates/locations/times, to maximize attendance. Submit camera ready originals
for reproduction and distribution by City staff. Postage and mailing to be
provided by the City.
1.13 Staff Meeting #1: Review the above information with inter-departmental City
staff. Obtain feedback and prepare written meeting summary. Make minor
revisions based on City input.
1.14 Community Workshop / Open House #1: The intent of the first community
workshop is to inspire participants to share their vision for the Bayshore corridor,
introduce project and process, educate on opportunities, and obtain initial input
EXHIBIT A
on project components, likes and dislikes, etc. This four-hour open house format
workshop will include interactive prioritization exercises, design your street
charrette station, and other input generating stations. Exercises will utilize a
combination of agendas, questionnaires, PowerPoint, and printed graphic
materials. Prepare workshop materials and meeting summary.
1.15 Alternatives Memo: Based on the input received to date, prepare a memo
summarizing the alternatives to be prepared as part of the preliminary design
phase. The purpose of the preliminary design alternatives memo is to obtain
feedback and approval on the design direction prior to start the preliminary
design phase. Descriptions shall include lane configurations, bicycle treatments,
sidewalk and travel lane configurations, transit enhancements, and major
materials.
2.0 PRELIMINARY DESIGN
2.01 Preliminary Design Alternatives: Based upon the approved alternatives memo
from above, proceed to refine the plan alternatives developed during the grant
assistance phase. Prepare up to three color rendered illustrative plan vignettes at
20 scale and three ¼ scale photo-realistic cross sections to illustrate various
roadway configurations and complete streets features. Adhere to Caltrans
standard design manuals for geometric elements and pedestrian and bikeway
design guidance as applicable. Compile example images as appropriate to
illustrate potential improvements. Highlight the pro’s and con’s of each segment
to further illustrate differences between plans. Proceed to develop up to three
twenty scale vignettes to illustrate design features and gap closure in greater
detail. Additionally, prepare up to three ¼ scale photo-realistic cross sections to
further illustrate design features and relationships between bay edge and
adjacent developments.
Staff Meeting #2: Review the above information with City staff. Obtain feedback
and prepare written meeting summary.
2.02 Community Workshop Preparation / Plan Refinements: Based upon feedback
from above, proceed to refine preliminary plan package where prudent.
Prepare PowerPoint presentation and on-line survey for the upcoming workshop.
2.03 Community Workshop #2: Present the above information in a single community
workshop. Review alternatives prepared and facilitate feedback. Develop
ranking system to evaluate community likes and dislikes with each alternative.
Provide written workshop report.
EXHIBIT A
2.04 Traffic Safety Parking Commission Meeting #1: Present the above information in a
single Traffic Safety Parking Commission Meeting including input received from
the public. Review alternatives prepared and facilitate feedback. Provide
written meeting summary.
2.05 Staff Meeting #3: Review the above information with City staff. Obtain feedback
on direction for a preferred plan, and prepare written meeting summary.
3.0 PREFERRED PLAN
3.01 Preferred Plan: Based upon feedback gathered during the above, proceed to
refine designs and prepare a preferred design package to consist of the
following;
a. Preferred streetscape plan at 1” = 100’ scale illustrating improvements
for the entire project area.
b. Preferred Bay Trail plan at 1” = 100’ scale illustrating alignment, key
areas of interested, and gap closures within the entire project area.
c. Up to three revised streetscape vignettes.
d. Up to three revised Bay Trail vignettes
e. Up to three streetscape cross sections to illustrate improvements.
f. Up to three Bay Trail cross sections to illustrate design features and
relationships with adjacent features.
3.02 Cost Estimate: Develop an estimate of probable construction costs for the
improvements with itemized line items separated by phasing identified above.
3.03 Visual Simulations (Optional Services): Proceed to develop up to three computer
generated visual simulations (perspectives) of the proposed corridor and/or trail
(exact locations to be determined). Images such as these provide community
members and decision makers a better understanding of the proposed
improvements and can be utilized for grant submittals and to illustrate
improvements to potential developers.
3.04 Staff Meeting #4: Review the above information with City staff. Obtain feedback
on report and make revisions where prudent. Prepare written meeting summary.
3.05 Community Workshop #3 (Optional Services): Present the above information in a
single community workshop. Review preferred plan and supporting materials and
facilitate feedback. Provide written workshop report.
EXHIBIT A
4.0 FINAL PLAN
4.01 Draft Corridor Plan: Prepare an executive summary, acknowledgements, process
description, summary of design standards, cost estimate, and implementation
programming with prioritization; and compile the work products developed over
the course of the project into a cohesive, easy-to-read report. Submit the Draft
Corridor Plan Report in electronic form to city for review.
4.02 Staff Meeting #4: Obtain feedback on report and make revisions where prudent.
Prepare written meeting summary.
4.03 Traffic Safety Parking Commission Meeting #2: Present the above information in a
single Traffic Safety Parking Commission Meeting including input received from
the public. Review process and facilitate feedback. Provide written meeting
summary.
4.04 City Council Meeting #1: Present the report at a single City Council meeting to
obtain Council feedback on desired refinements. Presentation will include the
outreach and planning process, public feedback received, and reflection on
how the preferred plan meets the public’s expectations. Respond to Council
member questions and concerns.
4.05 Final Corridor Plan: Make minor modifications to the report and supporting
materials based upon input. Submit the Final Corridor Plan Report to the City in
electronic format for their use.
EASTON CREEK
EAST
ON CREEK
EAST
ON CRE
EKPRI
VATE STREETDRAINAGE CANALBURLINGAME HIGH SCHOOLDRAINAGE CANAL OLD BAYSHORE HIGHWAYCORRIDOR STUDYCITY PROJECT NO. 85220NOLD BAYSHORE HIGHWAY
1
STAFF REPORT
AGENDA NO: 8f
MEETING DATE: June 3, 2019
To: Honorable Mayor and City Council
Date: June 3, 2018
From: Mike Matteucci, Chief of Police – (650) 777-4123
Subject: Adoption of a Resolution Authorizing the City Manager to Execute the
Agreement with All City Management Services (ACMS) for Crossing Guard
Services
RECOMMENDATION
Staff recommends that the City Council adopt the attached resolution authorizing the City Manager
to approve the agreement with All City Management Services to provide crossing guard services
to local schools for the next two fiscal years (July 1, 2019 – June 30, 2021) at a cost of $163,707
per year ($327,414 total).
BACKGROUND
The Burlingame Police Department (BPD) has contracted with All City Management Services since
1996 to provide crossing guard services at local schools. The annual cost of the service for FY
2018-19 was $153,597.60.
DISCUSSION
All City Management Services’ reputation, customer service, ability to staff the City’s 12 crossing
guard posts and back fill vacant positions at a moment’s notice has been proven during the FY
2018-19 contract. Due to wage increases in California, All City Management Services must
increase the hourly billing rate from $21.88 to $23.32 for FY 2019-20 and FY 2020-21.
FISCAL IMPACT
The cost of the contract with All City Management Services to provide crossing guard services in
Burlingame shall not exceed a total of $327,414 for the next two fiscal years (FY 2019-20 and FY
2020-21). The Burlingame School District contributes 50% of the cost of three crossing guards,
while Our Lady of Angeles contributes 50% of the cost of one crossing guard. Together, the School
District and Our Lady of Angels contribute approximately $54,569 of the total two-year contract
cost.
Exhibits:
• Resolution
• Agreement with All City Management Services
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME AUTHORIZING
THE CITY MANAGER TO EXECUTE A CONTRACT WITH ALL CITY MANAGEMENT
SERVICES (ACMS) FOR CROSSING GUARD SERVICES FOR FISCAL YEAR 2019-20 AND
FISCAL YEAR 2020-21
WHEREAS, the City Council has previously emphasized the desire to ensure the safety
of Burlingame students through partial funding of crossing guard services at local schools; and
WHEREAS, All City Management Services (ACMS) is the current provider of such
services; and
WHEREAS, the City has 12 locations where these services are provided; and
WHEREAS, the rate of pay for the crossing guards will be $23.32 per hour as of July 1,
2019; and
WHEREAS, other than the term of the agreement and cost amounts, the terms and
conditions of the original Agreement and Amendments to the existing agreement with All City
Management Services entered into on August 1, 1996 remain the same.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BURLINGAME
RESOLVES AS FOLLOW:
The City Manager is authorized to approve the agreement with All City Management
Services for a cost of $163,707 per year for crossing guard services for the 2019-20 fiscal year
and the 2020-21 fiscal year ($327,414 total).
____________________________
Donna Colson, Mayor
I, Meaghan Hassel-Shearer, City Clerk of the City of Burlingame, certify that the foregoing
Resolution was introduced at a regular meeting of the City Council held on the 3rd day of June,
2019 and was adopted thereafter by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
________________________________
Meaghan Hassel-Shearer, City Clerk
1
STAFF REPORT
AGENDA NO: 8g
MEETING DATE: June 3, 2019
To: Honorable Mayor and City Council
Date: June 3, 2019
From: Meaghan Hassel-Shearer, City Clerk – (650) 558-7203
Subject: Adoption of a Resolution Authorizing the City Manager to Enter into a
Service Agreement with On-Camera Productions for Video Coverage of
City Council, Planning Commission, and Traffic, Safety & Parking
Commission Meetings
RECOMMENDATION
Staff recommends that the City Council adopt the attached resolution authorizing the City
Manager to enter into a service agreement with On-Camera Productions for video coverage of
City Council, Planning Commission, and Traffic, Safety & Parking Commission Meetings.
BACKGROUND
For several years, On-Camera Productions has provided video coverage of City Council and
Planning Commission meetings. Originally, the meetings were recorded with a single camera,
and the tapings were aired on Wednesday nights on cable. Later, upon the Council’s request to
provide greater access to the public, On-Camera Productions began recording and airing the
meetings live with the use of multiple cameras. On-Camera Productions was able to keep the
same rates when they switched to the multi-camera live feed. In 2017, the City Council asked
that the Traffic, Safety & Parking Commission meetings also be filmed and streamed live.
Video coverage of City Council, Planning Commission, and Traffic, Safety & Parking Commission
meetings is important because it ensures transparency, provides access to the government, and
assists in dispersing information. By entering into a service agreement with On-Camera
Productions, the City will be able to continue providing this service to the community.
DISCUSSION
The City Clerk conducted a survey of how neighboring cities provide coverage of their meetings.
She found that cities either provide video coverage of meetings in-house or contract with a few
different companies in the area. After reviewing competitors’ pricing, the City Clerk determined
that On-Camera Productions provided the best offer with reliable service.
The service agreement does not have an annual cost. Instead, the agreement establishes the
prices of services that the City may incur for the next two years. In Fiscal Year 2017-18, the City
paid On-Camera Productions $35,285 for video coverage.
On-Camera Productions Service Agreement June 3, 2019
2
The proposed two-year service agreement will allow the City to continue providing live coverage
of City Council, Planning Commission, and Traffic, Safety & Parking Commission meetings.
Additionally, it allows for the coverage of special meetings that are held off-site and on weekends.
If approved, the contract will be effective through July 1, 2021.
FISCAL IMPACT
The fiscal impact of the two-year agreement is not precisely known as the City will incur costs
based on what services it requests from On-Camera Productions. It can be estimated that the
fiscal impact of the two-year agreement will be approximately $75,000 based on the FY 2017-18
cost of $35,285.
Exhibits:
• Resolution
• Agreement
RESOLUTION NO. _______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME
AUTHORIZING THE CITY MANAGER TO ENTER INTO A SERVICE AGREEMENT
WITH ON-CAMERA PRODUCTIONS FOR VIDEO COVERAGE OF CITY COUNCIL,
PLANNING COMMISSION, AND TRAFFIC, SAFETY & PARKING COMMISSION
MEETINGS
WHEREAS, On-Camera Productions provides video coverage of City Council, Planning
Commission, and Traffic, Safety & Parking Commission meetings; and
WHEREAS, the City is committed to ensuring that residents have easy and reliable access
to video recordings of City Council, Planning Commission, and Traffic, Safety & Parking
Commission meetings; and
WHEREAS, staff determined that On-Camera Productions provides competitive rates and
reliable service; and
WHEREAS, On-Camera Productions provides video coverage of special meetings that
are held off-site and on the weekend; and
WHEREAS, the service agreement shall be effective through July 1, 2021; and
WHEREAS, in FY 2017-18, the City paid On-Camera Productions $35,285 for video
coverage of over 60 meetings; and
WHEREAS, it is expected that the total cost of the service agreement will be $75,000.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BURLINGAME
RESOLVES AS FOLLOWS:
The City Manager is authorized to execute a service agreement with On-Camera
Productions, which provides for a two-year service agreement to provide video coverage of City
Council, Planning Commission, and Traffic, Safety & Parking Commission meetings.
________________________________
Donna Colson, Mayor
I, MEAGHAN HASSEL-SHEARER, City Clerk of the City of Burlingame, certify that the
foregoing Resolution was introduced at a regular meeting of the City Council held on the 3rd day
of June, 2019, and was adopted thereafter by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
_____________________________
Meaghan Hassel-Shearer, City Clerk
AGREEMENT FOR PROFESSIONAL SERVICES
BETWEEN THE CITY OF BURLINGAME
AND ON-CAMERA PRODUCTIONS
THIS AGREEMENT is by and between On-Camera Productions and the City of
Burlingame, a public body of the State of California (“City”). On-Camera Productions and City
agree:
1. Services. City wishes to obtain the services of On-Camera Productions to provide
video coverage of City Council, Planning Commission, and Traffic, Safety & Parking
Commission Meetings; On-Camera Productions may provide video coverage for other meetings
as requested by City and agreed by On-Camera Productions. On-Camera Productions shall
provide the Services set forth in Exhibit A, attached hereto and incorporated herein.
2. Compensation. On-Camera Productions agrees to perform all of the Scope of
Services herein required of On-Camera Productions for $395 per meeting with an additional $65
in ½ hour increments or fractions thereof past the hour of 9:00 p.m. The City and On-Camera
Productions may work together to video meetings outside of the weeknight City Council,
Planning Commission, and Traffic, Safety & Parking Commission Meetings for an amount that
will be agreed upon by both parties to compensate for additional setup and uploading of the
video. On-Camera Productions shall submit invoices on a monthly basis. All bills submitted by
On-Camera Productions shall contain sufficient information to determine whether the amount
deemed due and payable is accurate. Bills shall include a brief description of services performed,
the date services were performed, the number of hours spent and by whom, a brief description of
any costs incurred and signature of Lee Thompson of On-Camera Productions.
3. Term. This Agreement commences on full execution hereof and terminates on
July 1, 2021 unless otherwise extended or terminated pursuant to the provisions hereof. On-
Camera Productions agrees to diligently prosecute the services to be provided under this
Agreement to completion and in accordance with any schedules specified herein. In the
performance of this Agreement, time is of the essence. Time extensions for delays beyond the
On-Camera Productions’ control, other than delays caused by the City, shall be requested in
writing to the City’s Contract Administrator prior to the expiration of the specified completion
date.
4. Assignment and Subcontracting. A substantial inducement to City for entering
into this Agreement is the professional reputation and competence of On-Camera Productions.
Neither this Agreement nor any interest herein may be assigned or subcontracted by On-Camera
Productions without the prior written approval of City. It is expressly understood and agreed by
both parties that On-Camera Productions is an independent contractor and not an employee of
the City.
5. Insurance. On-Camera Productions, at its own cost and expense, shall carry,
maintain for the duration of the Agreement, and provide proof thereof, acceptable to the City, the
insurance coverages specified in Exhibit B, "City Insurance Requirements," attached hereto and
incorporated herein by reference. On-Camera Productions shall demonstrate proof of required
insurance coverage prior to the commencement of services required under this Agreement, by
delivery of Certificates of Insurance and original endorsements to City. Except in the case of
professional design/errors and omissions insurance, the City shall be named as a primary insured.
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6. Indemnification. On-Camera Productions shall indemnify, defend, and hold City,
its directors, officers, employees, agents, and volunteers harmless from and against any and all
liability, claims, suits, actions, damages, and causes of action arising out of, pertaining or relating
to the negligence, recklessness or willful misconduct of On-Camera Productions, its employees,
subcontractors, or agents, or on account of the performance or character of the Services, except
for any such claim arising out of the sole negligence or willful misconduct of the City, its
officers, employees, agents, or volunteers. It is understood that the duty of On-Camera
Productions to indemnify and hold harmless includes the duty to defend as set forth in section
2778 of the California Civil Code. Notwithstanding the foregoing, for any design professional
services, the duty to defend and indemnify City shall be limited to that allowed pursuant to
California Civil Code section 2782.8. Acceptance of insurance certificates and endorsements
required under this Agreement does not relieve On-Camera Productions from liability under this
indemnification and hold harmless clause. This indemnification and hold harmless clause shall
apply whether or not such insurance policies shall have been determined to be applicable to any
of such damages or claims for damages.
7. Termination and Abandonment. This Agreement may be cancelled at any time
by City for its convenience upon written notice to On-Camera Productions. In the event of such
termination, On-Camera Productions shall be entitled to pro-rated compensation for authorized
Services performed prior to the effective date of termination provided however that City may
condition payment of such compensation upon On-Camera Productions’ delivery to City of any
or all materials described herein. In the event On-Camera Productions ceases performing
services under this Agreement or otherwise abandons the project prior to completing all of the
Services described in this Agreement, On-Camera Productions shall, without delay, deliver to
City all materials and records prepared or obtained in the performance of this Agreement. On-
Camera Productions shall be paid for the reasonable value of the authorized Services performed
up to the time of On-Camera Productions’ cessation or abandonment, less a deduction for any
damages or additional expenses which City incurs as a result of such cessation or abandonment.
8. Ownership of Materials. All documents, materials, and records of a finished
nature, including but not limited to final plans, specifications, video or audio tapes, photographs,
computer data, software, reports, maps, electronic files and films, and any final revisions,
prepared or obtained in the performance of this Agreement, shall be delivered to and become the
property of City. All documents and materials of a preliminary nature, including but not limited
to notes, sketches, preliminary plans, computations and other data, and any other material
referenced in this Section, prepared or obtained in the performance of this Agreement, shall be
made available, upon request, to City at no additional charge and without restriction or limitation
on their use. Upon City’s request, On-Camera Productions shall execute appropriate documents
to assign to the City the copyright or trademark to work created pursuant to this Agreement. On-
Camera Productions shall return all City property in On-Camera Productions’ control or
possession immediately upon termination.
9. Compliance with Laws. In the performance of this Agreement, On-Camera
Productions shall abide by and conform to any and all applicable laws of the United States and
the State of California, and all ordinances, regulations, and policies of the City. On-Camera
Productions warrants that all work done under this Agreement will be in compliance with all
3
applicable safety rules, laws, statutes, and practices, including but not limited to Cal/OSHA
regulations. If a license or registration of any kind is required of On-Camera Productions, its
employees, agents, or subcontractors by law, On-Camera Productions warrants that such license
has been obtained, is valid and in good standing, and On-Camera Productions shall keep it in
effect at all times during the term of this Agreement, and that any applicable bond shall be posted
in accordance with all applicable laws and regulations.
10. Conflict of Interest. On-Camera Productions warrants and covenants that On-
Camera Productions presently has no interest in, nor shall any interest be hereinafter acquired in,
any matter which will render the services required under the provisions of this Agreement a
violation of any applicable state, local, or federal law. In the event that any conflict of interest
should nevertheless hereinafter arise, On-Camera Productions shall promptly notify City of the
existence of such conflict of interest so that the City may determine whether to terminate this
Agreement. On-Camera Productions further warrants its compliance with the Political Reform
Act (Government Code § 81000 et seq.) respecting this Agreement.
11. Whole Agreement and Amendments. This Agreement constitutes the entire
understanding and Agreement of the parties and integrates all of the terms and conditions
mentioned herein or incidental hereto and supersedes all negotiations or any previous written or
oral Agreements between the parties with respect to all or any part of the subject matter hereof.
The parties intend not to create rights in, or to grant remedies to, any third party as a beneficiary
of this Agreement or of any duty, covenant, obligation, or undertaking established herein. This
Agreement may be amended only by a written document, executed by both On-Camera
Productions and the City Manager, and approved as to form by the City Attorney. Such
document shall expressly state that it is intended by the parties to amend certain terms and
conditions of this Agreement. The waiver by either party of a breach by the other of any
provision of this Agreement shall not constitute a continuing waiver or a waiver of any
subsequent breach of either the same or a different provision of this Agreement. Multiple copies
of this Agreement may be executed but the parties agree that the Agreement on file in the office
of the City Clerk is the version of the Agreement that shall take precedence should any
differences exist among counterparts of the document. This Agreement and all matters relating to
it shall be governed by the laws of the State of California.
12. Capacity of Parties. Each signatory and party hereto warrants and represents to
the other party that it has all legal authority and capacity and direction from its principal to enter
into this Agreement and that all necessary actions have been taken so as to enable it to enter into
this Agreement.
13. Severability. Should any part of this Agreement be declared by a final decision
by a court or tribunal of competent jurisdiction to be unconstitutional, invalid, or beyond the
authority of either party to enter into or carry out, such decision shall not affect the validity of the
remainder of this Agreement, which shall continue in full force and effect, provided that the
remainder of this Agreement, absent the unexcised portion, can be reasonably interpreted to give
effect to the intentions of the parties.
14. Notice. Any notice required or desired to be given under this Agreement shall be
in writing and shall be personally served or, in lieu of personal service, may be given by (i)
4
depositing such notice in the United States mail, registered or certified, return receipt requested,
postage prepaid, addressed to a party at its address set forth in Exhibit A; (ii) transmitting such
notice by means of Federal Express or similar overnight commercial courier (“Courier”), postage
paid and addressed to the other at its street address set forth below; (iii) transmitting the same by
facsimile, in which case notice shall be deemed delivered upon confirmation of receipt by the
sending facsimile machine’s acknowledgment of such with date and time printout; or (iv) by
personal delivery. Any notice given by Courier shall be deemed given on the date shown on the
receipt for acceptance or rejection of the notice. Either party may, by written notice, change the
address to which notices addressed to it shall thereafter be sent.
15. Miscellaneous. Except to the extent that it provides a part of the definition of the
term used herein, the captions used in this Agreement are for convenience only and shall not be
considered in the construction of interpretation of any provision hereof, nor taken as a correct or
complete segregation of the several units of materials and labor.
Capitalized terms refer to the definition provide with its first usage in the Agreement.
When the context of this Agreement requires, the neuter gender includes the masculine,
the feminine, a partnership or corporation, trust or joint venture, and the singular includes the
plural.
The terms “shall”, “will”, “must” and “agree” are mandatory. The term “may” is
permissive.
The waiver by either party of a breach by the other of any provision of this Agreement
shall not constitute a continuing waiver or a waiver of any subsequent breach of either the same
or a different provision of this Agreement.
When a party is required to do something by this Agreement, it shall do so at its sole cost
and expense without right to reimbursement from the other party unless specific provision is
made otherwise.
Where any party is obligated not to perform any act, such party is also obligated to
restrain any others within its control from performing such act, including its agents, invitees,
contractors, subcontractors and employees.
IN WITNESS WHEREOF, On-Camera Productions and City execute this Agreement.
CITY OF BURLINGAME ON-CAMERA PRODUCTIONS
501 Primrose Road Name
Burlingame, CA 94010 Address
By: By:
5
LisaGoldman Name
City Manager Title
Date: Date:
Attest: Federal Employer ID Number:
Meaghan Hassel-Shearer License Number:
CityClerk ExpirationDate:
Approved as to form:
Kathleen Kane
City Attorney
Attachments:
Exhibit A Scope of Services
Exhibit B City Insurance Provisions
330 Primrose Road, Suite 214
Burlingame, CA 94010
On-Camera ProductionV Services
This Video Production Agreement is made effective as of -XO\2, 2019 (the “Effective Date”) by
and between On-Camera Productions (OnCameraPro.com) and the City of Burlingame.
Description of Services Beginning on -XO\2 9 through -XO\2021, On- Camera
Productions will continue to provide to the City of Burlingame the following video production
services:
Weekly Two-Camera LIVE Telecast/Webcast: Sony DSR Package XLR Composite out w/
Operator, Switcher, Tripods and Plates, Sony Cameras w MX-12 Effects Generator, Operator
and Monitors, including early Setup / Meeting Coverage / Strike-down.
Performance of Services On-Camera Productions will provide live video coverage for City
Council Meetings at 7:00 p.m. each 1st and 3rd Monday in the calendar month, City Planning
Commission Meetings at 7:00 p.m. each 2nd and 4th Monday in the calendar month, and Traffic,
Safety & Parking Commission Meetings at 7:00 p.m. each 2nd Thursday in the calendar month. On-Camera
Productions will continue to utilize the same digital package as described above and will
maintain the same standards and pricing as has been provided in recent years. OCP can be
available for additional meetings.
Lee Thompson, of On-Camera Productions will continue to attend when necessary, any
pertinent discussions on technical matters with other service providers such as Comcast, AT&T,
Granicus, or any other vendors associated with the overall infrastructure of the telecast/webcast
at no additional cost to the city. All the past terms and conditions remain the same.
As such time that Lee Thompson cannot attend the meetings for any reason, he will provide a
production experienced and competent substitute for the evening of each City Council or
Planning Commission meeting.
Payment City of Burlingame agrees to pay On Camera Productions, a base of $ 395 in
consideration for continued multi-camera services to be rendered by On-Camera Productions.
As has been the case, the City of Burlingame will pay On Camera Productions an additional
65 in 1/2 hour increments or fraction thereof past the hour of 9pm if applicable. On-Camera
Productions will set aside in advance all Monday evenings to cover the City Council and
Planning Commission meetings noting that there are no gatherings on any 5th Monday in a
given calendar month. If a Monday falls on a holiday, services for the next calendar business
evening will commence and On Camera Productions will reschedule for that evening. On-
Camera Productions will also set aside the second Thursday of every calendar month for
Traffic, Safety & Parking Commission meetings. Any other video recording outside the normally
scheduled meetings will be handled separately, and will be treated accordingly depending on
services rendered.
Relationship of Parties It is understood by the parties that On Camera Productions is an
independent contractor with respect to the City of Burlingame.
KLELW
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STAFF REPORT
AGENDA NO: 8h
MEETING DATE: June 3, 2019
To: Honorable Mayor and City Council
Date: June 3, 2019
From: Carol Augustine, Finance Director – (650) 558-7222
Subject: Adoption of a Resolution Approving the Allocation of Funding for
Community Service Organizations for Fiscal Year 2019-20
RECOMMENDATION
Staff recommends that the City Council discuss final grant amounts calculated for the various
community groups, which total $55,000, provide direction on awards, and adopt a resolution
providing funding for the City’s Community Groups Funding Program for fiscal year 2019-20.
BACKGROUND
Each year, the City Council funds community groups that carry out a public purpose through the
services they offer to San Mateo County and Burlingame residents through this Community Groups
Funding Program. In FY 2018-19, the Council approved $50,000 in funding for 22 community
agencies.
The Finance Department issued a Notice of Funding Availability on March 1, 2019 for the 2019-20
fiscal year program. The deadline for submitting the one-page application with attachments was
April 12, 2019, at 5:00 p.m. The City received applications to fund 23 programs; the requests total
over $81,500. At the budget study session in May, the City Council directed staff to increase the
appropriation for the Community Funding program for fiscal year 2019-20 to $55,000. Therefore,
the FY 2019-20 Budget, if adopted by the Council at its June 17th meeting, appropriates $55,000
for community groups funding allocations via this traditional program.
Councilmembers were provided with a tabulation worksheet in order to make individual funding
recommendations. The results were tabulated, and are attached for the Council’s review.
DISCUSSION
The City Council has historically decided funding amounts for the Community Funding Program in
June. Payments are disbursed early in the new fiscal year (July). In the case of funding
preferences, Councilmember Keighran has recused herself from the funding determination of the
Community Overcoming Relationship Abuse (CORA) because she serves on the organization’s
governing board. In order not to penalize the organization (where a Councilmember has recused
him or herself from suggesting an award amount), the “average” has been calculated by dividing
the sum of awards suggested for that organization by four, rather than the five otherwise possible
Community Group Funding FY 2019-20 June 3, 2019
2
funding suggestions. Remaining allocations were adjusted and rounded to five dollar increments;
the result was an award total of $55,000, the suggested appropriation for the traditional Community
Funding program for fiscal year 2019-20.
FISCAL IMPACT
The proposed budget for fiscal year 2019-20 includes an appropriation of $55,000 for the
Community Groups Funding program. The actual suggested awards total $55,000 and can
therefore be approved contingent on the adoption of the budget as proposed on June 17th.
Exhibit:
• Resolution Approving the Allocation of Funding for Community Groups Organizations for Fiscal
Year 2019-20 (with FY 2019-20 Award Tabulation worksheet)
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME APPROVING THE
ALLOCATION OF FUNDING FOR COMMUNITY SERVICE ORGANIZATIONS FOR FISCAL
YEAR 2019-20
WHEREAS, various non-profit organizations assist the City with carrying out its mission
by meeting a public need of the residents of the City of Burlingame that is not addressed by the
City of Burlingame services, or that supplements an existing service provided by the City of
Burlingame, thereby relieving the City of the costs of providing that service; and
WHEREAS, the City has a long-established process for funding certain services through
annual grants to non-profit organizations that address community needs and have a significant
Burlingame client base; and
WHEREAS, decisions on whether to fund eligible non-profit organizations carrying out a
public purpose lie with the discretion of the City Council and within the limit of funds available
within the City budget.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BURLINGAME,
CALIFORNIA RESOLVES AND FINDS AS FOLLOWS:
1. that the organizations recommended for funding as part of the City of
Burlingame’s Community Group Funding Program each carry out a specific and
necessary public purpose, and
2. that the allocation of the 2019-20 Community Group Funding Program budget
has been dutifully considered by the Council and is approved as calculated and
outlined on the worksheet shown as Exhibit A to this resolution, contingent upon
approval of the 2019-20 budget as proposed for the program.
Donna Colson, Mayor
I, MEAGHAN HASSEL-SHEARER, City Clerk of the City of Burlingame, certify that the foregoing
Resolution was adopted at a special meeting of the City Council held on the 3rd day of June, 2019
and was adopted thereafter by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
Meaghan Hassel-Shearer, City Clerk
Community Group
Funding
Requested Beach Brownrigg Colson Keighran Ortiz FY 19-20
Award
Burlingame Historical Society $2,500.00 $2,000.00 $2,000.00 $2,500.00 $2,000.00 $2,000.00 $2,075.00
Burlingame Neighborhood Network $6,812.85 $4,000.00 $2,500.00 $3,000.00 $3,200.00 $3,000.00 $3,100.00
CALL Primrose Center $6,500.00 $6,500.00 $6,500.00 $6,500.00 $7,000.00 $6,500.00 $6,515.00
Center for Independence of Individuals with Disabilities $2,500.00 $500.00 $0.00 $500.00 $700.00 $1,000.00 $535.00
Citizens Environmental Council - Burlingame $2,500.00 $2,500.00 $2,000.00 $2,500.00 $2,500.00 $3,000.00 $2,465.00
Community Gatepath $5,000.00 $3,900.00 $5,000.00 $3,000.00 $5,000.00 $3,500.00 $4,025.00
CORA $5,000.00 $5,000.00 $3,000.00 $3,000.00 Recused $3,500.00 $3,580.00
County of San Mateo Jobs for Youth $1,500.00 $750.00 $1,500.00 $1,000.00 $1,250.00 $1,000.00 $1,085.00
Hillbarn Theatre, Inc.$500.00 $750.00 $0.00 $0.00 $0.00 $1,000.00 $345.00
HIP Housing $5,000.00 $5,000.00 $5,000.00 $5,000.00 $6,000.00 $6,400.00 $5,410.00
Legal Aid Society of San Mateo County $1,500.00 $500.00 $1,500.00 $500.00 $350.00 $1,000.00 $760.00
Life Steps Foundation $500.00 $500.00 $0.00 $500.00 $400.00 $400.00 $355.00
LifeMoves $7,500.00 $6,000.00 $7,500.00 $6,500.00 $7,000.00 $5,000.00 $6,315.00
Mission Hospice & Home Care $2,000.00 $650.00 $0.00 $500.00 $1,500.00 $1,000.00 $720.00
Music at Kohl Mansion $1,000.00 $1,000.00 $0.00 $1,000.00 $750.00 $1,000.00 $740.00
Ombudsman Services of San Mateo County, Inc.$1,000.00 $500.00 $0.00 $0.00 $750.00 $700.00 $385.00
PARCA $2,200.00 $900.00 $2,000.00 $0.00 $1,600.00 $1,000.00 $1,085.00
Peninsula Choral Association DBA Peninsula Girls Chorus $2,000.00 $600.00 $0.00 $0.00 $0.00 $200.00 $160.00
Peninsula Museum of Art $5,000.00 $3,000.00 $2,000.00 $2,000.00 $2,000.00 $2,000.00 $2,170.00
Samaritan House - Core Services $7,000.00 $3,500.00 $7,000.00 $7,000.00 $5,000.00 $4,300.00 $5,290.00
Samaritan House/Safe Harbor/Winter Shelter $7,000.00 $3,450.00 $4,500.00 $7,000.00 $5,000.00 $5,000.00 $4,925.00
Star Vista $2,000.00 $2,000.00 $1,000.00 $2,000.00 $1,500.00 $1,100.00 $1,500.00
Sustainable San Mateo County $5,000.00 $1,500.00 $2,000.00 $1,000.00 $1,500.00 $1,400.00 $1,460.00
Totals: $81,512.85 $55,000.00 $55,000.00 $55,000.00 $55,000.00 $55,000.00 $55,000.00
COMMUNITY GROUP FUNDING COUNCIL RECOMMENDATIONS 2019-20
Exhibit A
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STAFF REPORT
AGENDA NO: 8i
MEETING DATE: June 3, 2019
To: Honorable Mayor and City Council
Date: June 3, 2019
From: Syed Murtuza, Public Works Director – (650) 558-7230
Subject: Approval of Out-of-State Travel for the Director of Public Works
RECOMMENDATION
Staff recommends that the City Council approve the Public Works Director’s out-of-state travel to
attend the American Public Works Association (APWA) Public Works Expo in Seattle, Washington.
BACKGROUND
The annual APWA Public Works Expo will be held September 8-11, 2019, at the Washington State
Convention Center. This year’s expo includes sessions that address current public works issues
as well as ongoing challenges in key areas such as emerging technologies, asset management,
new funding sources, sustainability solutions, emergency preparedness, and more. This
conference is expected to bring together more than 5,000 public works professionals and will
feature more than 125 education sessions and 400 exhibits all related to public works.
DISCUSSION
The Director of Public Works is an active member of the APWA. The early-bird conference
registration fee for members is $829. Hotel and airfare combined are expected to be less than
$1200.
FISCAL IMPACT
Sufficient funds have been budgeted in the Public Works travel, conference, and meetings account
for attendance to the APWA Public Works Expo.
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STAFF REPORT
AGENDA NO: 8j
MEETING DATE: June 3, 2019
To: Honorable Mayor and City Council
Date: June 3, 2019
From: Meaghan Hassel-Shearer, City Clerk – (650) 558-7203
Subject: Adoption of a Proclamation Declaring the First Friday in June to be National
Gun Violence Awareness Day
RECOMMENDATION
Councilmember Brownrigg recommends that the City Council adopt a proclamation declaring the
first Friday in June to be National Gun Violence Awareness Day.
BACKGROUND
The organization Wear Orange has asked the City Council, via a request to Councilmember
Brownrigg, to issue an official proclamation declaring the first Friday in June to be National Gun
Violence Awareness Day.
DISCUSSION
Wear Orange arose after the death of 15-year old Hadiya Pendleton, who was shot and killed in
Chicago. The organization’s mission is to raise awareness about gun violence and honor those
whose lives were cut short as a result of guns. Wear Orange has partnered with over 180 non-
profits and over 200 cities to further their mission.
FISCAL IMPACT
There is no fiscal impact
Exhibit:
• Proclamation
PROCLAMATION
Declaring the First Friday in June to be National Gun Violence
Awareness Day
Whereas, this proclamation declares the first Friday in June to be National Gun Violence Awareness Day in the
City of Burlingame to honor and remember all victims and survivors of gun violence and to declare that
we as a country must do more to reduce gun violence; and
Whereas, every day, 100 Americans are killed by gun violence; on average there are nearly 12,000 gun homicides
every year; and Americans are 25 times more likely to be killed with guns than citizens who live in other
high-income countries; and
Whereas, protecting public safety in the communities we serve is among government’s highest responsibilities; and
Whereas, support for the Second Amendment rights of law-abiding citizens goes hand-in-hand with keeping guns
away from people with dangerous histories; and
Whereas, in January 2013, Hadiya Pendleton, a teenager who marched in President Obama’s second inaugural
parade and was tragically shot and killed just weeks later, should be now celebrating her 22nd birthday;
and
Whereas, to help honor Hadiya – and the 100 Americans whose lives are cut short and the countless survivors
who are injured by shooting every day – a national coalition of organizations has designated June 7,
2019, the first Friday in June, as the 5th National Gun Violence Awareness Day; and
Whereas, the idea was inspired by a group of Hadiya’s friends, who asked their classmates to commemorate her
life by wearing orange; they chose this color because hunters wear orange to announce themselves to
other hunters when in the woods and orange is a color that symbolizes the value of human life; and
Whereas, by wearing orange on June 7, 2019 Americans will raise awareness about gun violence and honor the
lives of gun violence victims and survivors; and
Whereas, we renew our commitment to reduce gun violence and pledge to do all we can to keep firearms out of the
wrong hands, and encourage responsible gun ownership to help keep our children safe; and
Now therefore I, Donna Colson, Mayor of the City of Burlingame in the State of California, do hereby declare the first
Friday in June, June 7, 2019, to be National Gun Violence Awareness Day and encourage all citizens
to support their local communities’ efforts to prevent the tragic effects of gun violence and to honor and
value human lives.
In witness whereof, I have hereunto set my hand and caused the seal
of the City of Burlingame to be affixed this the 3rd day of June, 2019.
Donna Colson, Mayor
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STAFF REPORT
AGENDA NO: 9a
MEETING DATE: June 3, 2019
To: Honorable Mayor and City Council
Date: June 3, 2019
From: Kevin Gardiner, Community Development Director – (650) 558-7253
Ruben Hurin, Planning Manager – (650) 558-7256
Kathleen Kane, City Attorney – (650) 558-7204
Subject: Public Hearing to Consider Proposed Amendments to Title 25, Code
Sections 25.32.030 (Burlingame Avenue Commercial District) and 25.70.090
(Off-Street Parking) to Allow Commercial Recreation as a Conditional Use in
the Burlingame Avenue Commercial (BAC) District.
RECOMMENDATION
Staff recommends that the City Council consider proposed amendments to the Burlingame
Municipal Code regarding allowing commercial recreation as a Conditional Use in a portion of the
Burlingame Avenue Commercial (BAC) District. In order to do so, the City Council should:
1. Request the City Clerk to read the title of the proposed ordinance:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BURLINGAME,
AMENDING TITLE 25 – CODE SECTIONS 25.32.030 (BURLINGAME AVENUE
COMMERCIAL DISTRICT) AND 25.70.090 (OFF-STREET PARKING) TO ALLOW
COMMERCIAL RECREATION AS A CONDITIONAL USE IN THE BURLINGAME
AVENUE COMMERCIAL (BAC) DISTRICT.
2. By motion, waive further reading and introduce the proposed ordinance.
3. Conduct a public hearing on the proposed ordinance.
4. Following closure of the public hearing, discuss the proposed ordinance and provide any
direction to staff; if no changes are requested, then direct that the ordinance be placed on
the June 17, 2019 City Council Agenda for adoption.
5. Direct the City Clerk to publish a summary of the ordinance at least five days before
proposed adoption.
If so directed by Council, the ordinance along with a resolution verifying that the actions of the City
Council are in compliance with the provisions of the California Environmental Quality Act (CEQA)
will be presented for adoption at the June 17, 2019 regular meeting of the City Council.
Amendments to Title 25 – Amendment to Burlingame Avenue Commercial District June 3, 2019
and Off-Street Parking Regulations
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BACKGROUND
At its August and October meetings, the City Council’s Economic Development Subcommittee
discussed the retail environment in the City’s two main commercial business districts, Downtown
Burlingame Avenue and Broadway. The meeting in August included discussion with a commercial
broker representing a large vacant storefront on Burlingame Avenue in which she shared her
perspective about which uses may be attracted to Burlingame Avenue in general. For the October
meeting, property owners were invited to attend and share their perspectives. The August 17, 2018
and October 11, 2018 Economic Development Subcommittee meeting minutes are attached.
During the meetings, commercial recreation was discussed as a potential use to add to the
Burlingame Avenue Commercial (BAC) district. Commercial recreation generally includes uses
such as athletic or fitness centers, gymnasiums, art and dance studios, martial arts studios, bowling
alleys, billiard halls, museums, performance theaters, and active learning and play centers for
children and/or adults.
Currently, commercial recreation is allowed as a Conditional Use in the Bayswater Mixed Use
(BMU), Howard Mixed Use (HMU), Donnelly Avenue Commercial (DAC), Chapin Avenue
Commercial (CAC), and Broadway Commercial Districts. Commercial recreation is not permitted in
the BAC district. Since the discussion, staff has been contacted by several other property owners
expressing interest in allowing commercial recreation within the Burlingame Avenue Commercial
district.
As part of “Envision Burlingame,” the Zoning Ordinance including the BAC District will be reviewed
and updated. The timeframe for the full update is anticipated to take approximately one year.
However, the consideration and potential addition of commercial recreation as a Conditional Use
is a focused effort that provides a more immediate benefit.
On November 19, 2018, the City Council gave direction to staff to proceed with preparation of
amendments to the land use restrictions allowing commercial recreation as a Conditional Use in
the BAC District.
On April 15, 2019, the City Council introduced the proposed ordinance to amend the BAC District
and Off-Street Parking regulations. After discussing the proposed amendments, the Council
continued action on the item until further discussions could be held at the Burlingame Talks Shop
event on April 17th. This allowed further consultation with the Economic Development
Subcommittee on the matter, including a discussion of whether commercial recreation should be
limited to particular blocks in the BAC District, and what form the requirement for active retail uses
at the front of the space should take (minimum depth, percentage of visibility into space, etc.).
Direction provided by the Economic Development Subcommittee at their meeting on May 8, 2019
was to limit commercial recreation uses to the 1400 block of Burlingame Avenue (between Primrose
Road and El Camino Real). This block has a number of larger tenant spaces that could
accommodate commercial recreation uses, and it is not at the core of the Downtown retail district.
The subcommittee also considered whether to require specific dimensions for visible active uses
such as retail, waiting/reception, or lounge areas at the front of the space, but ultimately
Amendments to Title 25 – Amendment to Burlingame Avenue Commercial District June 3, 2019
and Off-Street Parking Regulations
3
recommended not specifying a specific minimum depth requirement in order to allow flexibility for
different situations. Compliance with the active use requirement would be reviewed as part of the
Conditional Use Permit within the particular context of each application. The subcommittee further
suggested that Planning staff providing an initial assessment of compliance with the regulations,
and provide a recommendation to the Planning Commission in the staff report.
On May 20, 2019, the City Council introduced the proposed ordinance to amend the BAC District
and Off-Street Parking regulations. After discussing the proposed amendments further, the Council
continued action on the item, noting that the criteria should be revised to allow for more flexibility
in the application of the window treatments (particularly obscured glass), as businesses may have
different needs and concerns with visibility into their space. The Council also noted that Planning
Division staff can work with applicants and make recommendations for the Planning Commission
to consider regarding the configuration of the active visible uses and window treatments along the
business frontage.
For reference, the Downtown Specific Plan provides guidance regarding window transparency,
but the guidance is more directed to retail display windows (see attached page 5-9):
Glass used in the display windows should be clear so it is possible to see inside, and
display cases that block views into stores are strongly discouraged. Noticeably tinted
glazing is discouraged and mirrored/reflective glass is not permitted.
DISCUSSION
Burlingame Avenue has traditionally been focused on retail, restaurant, and service uses. However,
given the evolving nature of all of those uses (particularly retail), many business and shopping
districts are finding a need to introduce additional new uses in order to remain vibrant and
competitive. Some communities are finding that active commercial recreation uses can be an
appropriate addition to their business and shopping districts. In particular, commercial recreation
can generate regular “foot traffic”, which can benefit neighboring retailers, restaurants, and
services.
As noted above, commercial recreation is allowed as a Conditional Use in the areas surrounding
Burlingame Avenue (specifically the BMU, HMU, DAC, and CAC Districts), but is not permitted in
the BAC District. As a Conditional Use, conditions can be imposed on a business to ensure it is
compatible with the surrounding area. Suggestions in the subcommittee meetings included
consideration of requiring a retail or food service component at the front of a commercial recreation
business, and requiring that storefront windows be maintained clear rather than obscured.
The proposed ordinance sets forth text amendments to the City’s existing BAC District regulations
to allow commercial recreation as a Conditional Use, limited to tenant spaces with frontages on
Burlingame Avenue between Primrose Road and El Camino Real. The proposed ordinance also
sets forth text amendments to the Off-Street Parking regulations to exempt commercial recreation
uses from providing off-street parking, if located on the first floor and within the parking sector of
the Burlingame Downtown Specific Plan. (Retail, personal service, and food establishment uses
located on the first floor and within the parking sector are currently exempt.) Staff has provided a
summary of the proposed changes below.
Amendments to Title 25 – Amendment to Burlingame Avenue Commercial District June 3, 2019
and Off-Street Parking Regulations
4
Proposed Amendment to Code Section 25.32.030 (BAC District Regulations): Staff has
prepared an amendment to the BAC District regulations that allows commercial recreation uses the
opportunity to request approval of a Conditional Use Permit, limited to tenant spaces with frontages
on Burlingame Avenue between Primrose Road and El Camino Real, and establishes criteria for
approval of such requests, including:
Requiring active visible uses such as retail, waiting/reception, or lounge areas associated with
the business along the business frontage abutting the sidewalk; and
Specifying that clear storefront glass is preferred, but obscured glass and/or window treatments
may be proposed, subject to review by the Planning Commission.
Proposed Amendment to Code Section 25.70.090 (Off-Street Parking): Retail, personal, and
food establishment uses located on the first floor that are located within the parking sector are
currently exempt from off-street parking requirements (Code Section 25.70.090 (a)). The basis for
this exemption originated when the City acquired and built public parking lots in the downtown area,
by way of assessments (60% of cost) collected from property owners within the Burlingame Avenue
Off-street Parking District (created in 1962).
The Planning Division previously has determined that for uses located within the parking sector,
the net increase calculation for parking should be based on the most intensive use that would
otherwise be exempt (in this case food establishments at 1 space per 200 SF of floor area) rather
than strictly the existing use. Therefore, commercial recreation uses (parking ratio of 1 space per
200 SF of floor area) would not require any additional parking (or a Parking Variance) based on
this determination, since there would be no intensification of use based on the most intensive use
permitted.
Staff has prepared an amendment to the off-street parking regulations for vehicle parking in the
parking sector of the Burlingame Downtown Specific Plan. The proposed amendment to Code
Section 25.70.090 (a) adds commercial recreation as an exempt use from providing off-street
parking, if located on the first floor and within the parking sector of the Burlingame Downtown
Specific Plan. This amendment is being proposed in order to facilitate the City Council’s directive
of allowing commercial recreation as a Conditional Use in the BAC District by removing Parking
Variances and parking in-lieu payment requirements, which would deter commercial recreation
type businesses from considering the BAC District as a potential location.
The proposed ordinance is provided as an attachment to this report. Text to be added is in bold,
and text to be deleted is in strikeout, both in red font.
Comparison to Similar Cities:
With respect to allowing commercial recreation uses in downtown core areas, Planning staff
reviewed regulations in cities with similar downtowns, including the City of San Mateo and City of
San Carlos.
San Mateo’s downtown core area is larger than Burlingame’s; its primary downtown streets include
Amendments to Title 25 – Amendment to Burlingame Avenue Commercial District June 3, 2019
and Off-Street Parking Regulations
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3rd Avenue, 4th Avenue, and B Street, which are all under the same zoning district. Commercial
recreation uses in San Mateo’s downtown core area are allowed with approval of a Special Use
Permit (similar to a Conditional Use Permit).
The main street through the downtown core of San Carlos is Laurel Street (approximately three
blocks in length within the core). Commercial recreation uses are not permitted in the downtown
core along Laurel Street, but are allowed with approval of a Conditional Use Permit in some
surrounding zoning districts, primarily in the area north of the downtown core, as well as south of
the downtown core along Laurel Street and El Camino Real.
Planning Commission Review and Recommendation: The Planning Commission reviewed the
proposed amendments at its February 25, 2019 meeting (meeting minutes attached). In their
discussion, they noted the following:
Conditional Use Permit process provides the level of protection in case an application presents
possible negative impacts.
At City Council and subcommittee levels, the issue has been vetted and discussed in regards
to the changing face of retail, and the need to open ourselves up in terms of what types of uses
are going to continue to make our downtown vibrant. We have to think about how downtowns
are going to remain alive with e-commerce. Commercial recreation uses will continue to bring
people downtown; don't see a reason not to allow it.
The 15-foot buffer is a potential retail area, so it will add to the retail feel on Burlingame Avenue.
For these reasons the Planning Commission expressed support of the proposed amendments and
recommended approval to the City Council.
FISCAL IMPACT
None.
Exhibits:
Proposed Ordinance
Zoning Code Sections 25.32.030 and 25.70.090 – Redlines with Proposed Amendments
April 15, 2019 City Council Minutes
November 19, 2018 City Council Minutes
August 17, 2018 and October 11, 2018 Economic Development Subcommittee Minutes
February 25, 2019 Planning Commission Minutes
Burlingame Downtown Specific Plan Excerpt - Windows
Public Hearing Notice – published May 24, 2019
ORDINANCE NO. ____________
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BURLINGAME, AMENDING TITLE 25 –
CODE SECTIONS 25.30.030 (BURLINGAME AVENUE COMMERCIAL DISTRICT) AND 25.70.090
(OFF-STREET PARKING) OF THE BURLINGAME MUNICIPAL CODE TO ALLOW COMMERCIAL
RECREATION AS A CONDITIONAL USE IN THE BURLINGAME AVENUE COMMERCIAL
(BAC) DISTRICT
The City Council of the City of Burlingame ordains as follows:
Division 1. Factual Background
WHEREAS, the proposed zoning amendments would allow commercial recreation uses in the
Burlingame Avenue Commercial (BAC) District, limited to tenant spaces with frontages on Burlingame
Avenue between Primrose Road and El Camino Real, through approval of a Conditional Use Permit
and established criteria; as reflected in the amendments to Title 25, Chapter 25.30, Code Section
25.32.030; and
WHEREAS, the proposed zoning amendments would add commercial recreation as a use that
is exempt from providing off-street parking if such use is located on the first floor and within the parking
sector of the Burlingame Downtown Specific Plan; as reflected in the amendments to Title 25, Chapter
25.70, Code Section 25.70.090; and
WHEREAS, the proposed amendments to the zoning code are considered minor alterations to
land use limitations, which are Categorically Exempt from environmental review pursuant to the
California Environmental Quality Act (CEQA), per Section 15305 of the CEQA Guidelines; and
WHEREAS, the City Council of the City of Burlingame on November 19, 2018 directed staff to
proceed with preparation of amendments to the land use restrictions allowing commercial recreation as
a Conditional Use in the BAC District; and
WHEREAS, said matters were heard by the Planning Commission of the City of Burlingame on
February 25, 2019, at which time it reviewed and considered the staff report and all other written
materials and testimony presented at said hearing and recommended to the City Council that it adopt
amendments to Title 25 (zoning code) of the Burlingame Municipal Code to amend the BAC District and
Off-Street Parking regulations to allow commercial recreation through approval of a Conditional Use
Permit; and
WHEREAS, said matters were heard by the City Council of the City of Burlingame on April 15,
2019, at which time it reviewed and considered the staff report and all other written materials and
testimony presented at said hearing and continued action on the item for further discussions regarding
requiring active retail uses at the front of the space and in what form it should be provided.
WHEREAS, said matters were heard by the City Council of the City of Burlingame on May 20,
2019, at which time it reviewed and considered the staff report and all other written materials and
testimony presented at said hearing and continued action on the item for further discussions regarding
allowing more flexibility in the application of the window treatment along the storefront, and that it
2
should be subject to review by Planning Division staff and Planning Commission as part of the
Conditional Use Permit.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BURLINGAME ORDAINS AS
FOLLOWS:
Division 2. Burlingame Municipal Code Sections 25.32.030 and 25.70.090 are amended and shall
be enacted as follows:
Chapter 25.32 BAC (BURLINGAME AVENUE COMMERCIAL) DISTRICT REGULATIONS
25.32.030 Conditional uses requiring a conditional use permit.
The following are conditional uses requiring a conditional use permit in the BAC District:
(a) Instructional classes incidental to retail or service use;
(b) Grocery stores and markets;
(c) Schools, above or below the first floor only, which operate outside of peak retail hours only;
(d) Above the first floor only:
(1) Real estate offices,
(2) Health services,
(3) Financial institutions;
(e) Public utility and public service buildings and facilities;
(f) Drive-in services or take-out services associated with permitted uses;
(g) Food establishments on certain sites, subject to the criteria established in Section 25.32.070;
(h) Any building or structure which is more than thirty-five (35) feet in height, up to a maximum
building height of fifty-five (55) feet.
(i) Commercial recreation use, limited to tenant spaces with frontages on Burlingame Avenue
between Primrose Road and El Camino Real, which meet all of the following criteria:
(1) Active visible uses including retail, waiting/reception or lounge areas associated with the
business, shall be provided along the business frontage abutting the sidewalk; and
(2) Clear storefront glass is preferred, however obscured glass and/or window treatments
are subject to review by the Planning Commission.
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Chapter 25.70 OFF-STREET PARKING
25.70.090 Vehicle parking in the parking sector of the Burlingame Downtown Specific Plan.
Notwithstanding any other provision of this code, the following shall apply to vehicle parking
requirements in the parking sector of the Burlingame Downtown Specific Plan, as shown on the Parking
Sector Boundaries Map, Figure 3-3 of the Burlingame Downtown Specific Plan:
(a) Retail, personal service, food establishment, and commercial recreation uses located on the
first floor within the parking sector shall be exempt from providing off-street parking. Any other
uses on the first floor, and all uses above or below the first floor shall provide off-street parking
as required by this chapter.
(b) Any new development, except reconstruction because of catastrophe or natural disaster, shall
provide on-site parking, except that the first floor of such new development in the parking
sector shall be exempt from parking requirements if the first floor is used for retail, personal
service or food establishment uses.
(c) Buildings reconstructed after catastrophe or natural disaster shall be required to provide
parking only for the square footage over and above the square footage existing at the time of
the disaster. This parking shall be provided on-site.
Division 3: If any section, subsection, sentence, clause or phrase of this Ordinance is for any
reason held to be invalid, such decision shall not affect the validity of the remaining portions of this
Ordinance. The Council declares that it would have adopted the Ordinance and each section,
subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections,
subsections, sentences, clauses or phrases be declared invalid.
Division 4: This Ordinance shall be published in a newspaper of general circulation in accordance
with California Government Code Section 36933, published, and circulated in the City of Burlingame,
and shall be in full force and effect thirty (30) days after its final passage.
_________________________________
Donna Colson, Mayor
I, Meaghan Hassel-Shearer, City Clerk of the City of Burlingame, certify that the foregoing
ordinance was introduced at a public hearing at a regular meeting of the City Council held on the 3rd
day of June, 2019, and adopted thereafter at a regular meeting of the City Council held on the ______
day of ___________ 2019, by the following vote:
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AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
__________________________________
Meaghan Hassel-Shearer, City Clerk
Proposed Amendments
25.32.030 Conditional uses requiring a conditional use permit.
The following are conditional uses requiring a conditional use permit in the BAC District:
(a) Instructional classes incidental to retail or service use;
(b) Grocery stores and markets;
(c) Schools, above or below the first floor only, which operate outside of peak retail hours
only;
(d) Above the first floor only:
(1) Real estate offices,
(2) Health services,
(3) Financial institutions;
(e) Public utility and public service buildings and facilities;
(f) Drive-in services or take-out services associated with permitted uses;
(g) Food establishments on certain sites, subject to the criteria established in Section
25.32.070;
(h) Any building or structure which is more than thirty-five (35) feet in height, up to a
maximum building height of fifty-five (55) feet.
(i) Commercial recreation use, limited to tenant spaces with frontages on Burlingame
Avenue between Primrose Road and El Camino Real, which meets all of the following
criteria:
(1) Active visible uses including retail, waiting/reception or lounge areas associated
with the business, shall be provided along the business frontage abutting the
sidewalk; and
(2) Clear storefront glass is preferred, however obscured glass and/or window
treatments are subject to review by the Planning Commission.
25.70.090 Vehicle parking in the parking sector of the Burlingame Downtown Specific Plan.
Notwithstanding any other provision of this code, the following shall apply to vehicle parking
requirements in the parking sector of the Burlingame Downtown Specific Plan, as shown on the
Parking Sector Boundaries Map, Figure 3-3 of the Burlingame Downtown Specific Plan:
(a) Retail, personal service, and food establishment, and commercial recreation uses
located on the first floor within the parking sector shall be exempt from providing off-
street parking. Any other uses on the first floor, and all uses above or below the first floor
shall provide off-street parking as required by this chapter.
(b) Any new development, except reconstruction because of catastrophe or natural disaster,
shall provide on-site parking, except that the first floor of such new development in the
parking sector shall be exempt from parking requirements if the first floor is used for
retail, personal service or food establishment uses.
(c) Buildings reconstructed after catastrophe or natural disaster shall be required to provide
parking only for the square footage over and above the square footage existing at the
time of the disaster. This parking shall be provided on-site.
Burlingame City Council November 19, 2018
Approved Minutes
18
protected and their status. She added that her preliminary analysis shows that there are 21 trees that are
protected, and 14 of those trees are in poor health.
Ms. Merkes stated that the second question asked whether a TDM strategy would be applied to the project.
She explained that this is a management plan and would be something that could be added as a goal.
Ms. Merkes stated that the third question concerned curb management and utilizing the driveway for drop-
offs. She explained that she has been working on creating two drop-off zones.
Vice Mayor Colson asked if there is a tree replanting diagram. Ms. Merkes responded in the affirmative.
Mayor Brownrigg opened the item up for public comment. No one spoke.
b. PROVIDE DIRECTION TO THE PLANNING COMMISSION TO PROCEED WITH A
REVIEW AND POTENTIAL MODIFICATION OF THE BURLINGAME AVENUE
COMMERCIAL (BAC) ZONING REGULATIONS TO ALLOW COMMERCIAL
RECREATION USES
CDD Gardiner stated that at the Economic Development Subcommittee’s October meeting, the members
discussed the retail environment in the city’s two commercial districts. He explained that commercial
recreation was discussed as a potential use in the Burlingame Avenue Commercial District. Currently,
commercial recreation is allowed as a conditional use in the Howard Mixed Use Zone and on Broadway. He
stated that staff is requesting that City Council authorize the Planning Commission to review the proposal to
allow commercial recreation as a conditional use in the Burlingame Avenue Commercial zone.
Councilmember Keighran stated that while she agreed that the Planning Commission should look into this,
she wasn’t sure if she agreed with allowing commercial recreation businesses on Burlingame Avenue.
Councilmember Ortiz stated that this request makes him think of the Pilates studio and how it has increased
foot traffic on Broadway. Therefore, he saw how it could be beneficial for a street but was concerned that it
might not be appropriate on Burlingame Avenue.
Mayor Brownrigg opened the item up for public comment.
Commercial broker Christina DeRockere discussed the interest she has received from fitness companies to
take over the space at Sole Desire.
Mayor Brownrigg closed the public comment.
City Manager Goldman stated that this discussion occurred at two different Economic Development
Subcommittee meetings. At the first meeting, the commercial broker who represents the J Crew space
discussed the difficulty of leasing the space because of its size. She stated that at the second meeting, in
October, six property owners and others joined the conversation. She explained that they told a compelling
Burlingame City Council November 19, 2018
Approved Minutes
19
story about how it was important to open Burlingame Avenue up to different uses provided there is a retail
front.
Vice Mayor Colson stated that the property owners, real estate agents, and small business owners told the
Subcommittee members that the City needed to rethink programing in the major commercial downtown
areas. She discussed the interest of several fitness studios, like SoulCycle, to open on Burlingame Avenue.
She stated that her concern is that if the City doesn’t get ahead of this, Burlingame Avenue could end up
having several empty storefronts. She added that the State is considering taxing services. Therefore, the
City would be able to capture these taxes by incorporating commercial recreation into the downtown
commercial areas.
Councilmember Beach agreed.
Mayor Brownrigg stated that he gets the pressure to try to fill up the spot. He added that while he could get
comfortable with allowing fitness studios on Burlingame Avenue, he wouldn’t be okay with fast food or
banks.
Councilmember Keighran asked if the commercial recreation would include entertainment uses like music
venues. City Manager Goldman stated that it wasn’t something that came up at the Subcommittee but the
Council can ask the Planning Commission to include entertainment in the study.
Vice Mayor Colson stated that the Planning Commission should first look into the commercial recreation
uses like fitness as there is immediate need, but could later look into entertainment.
11. COUNCIL COMMITTEE AND ACTIVITIES REPORTS AND ANNOUNCEMENTS
a. VICE MAYOR COLSON’S COMMITTEE REPORT
b. COUNCILMEMBER BEACH’S COMMITTEE REPORT
12. FUTURE AGENDA ITEMS
There were no future agenda items.
13. ACKNOWLEDGEMENTS
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
Mayor Brownrigg adjourned meeting at 11:04 p.m.
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City Council Economic Development Subcommittee – Minutes August 17, 2018
Alternatively, the matter could be discussed in the October Subcommittee meeting involving landlords. CM
Goldman suggested there may be a timing consideration and distinction between properties unoccupied
and vacant for an extended period, versus projects where construction is imminent. She noted the
paragraph in the San Mateo regulations describing maintenance requirements, and suggested those may
be more important than fencing. Fencing may be less important if a vacant lot is otherwise clear of weeds
and debris, but if the property owner chooses fencing to secure the property, the fencing should be good
quality.
CDD Gardiner noted that construction fencing could be specified as a condition of approval, and would not
need to wait for an ordinance. The Subcommittee agreed with this approach.
Decals for Available Commercial Spaces:
Julie Taylor, Executive Vice President of Colliers International, joined the meeting.
EDS Relihan introduced the item and noted that while the State provides guidance on the posting of real
estate signs, it does not address marketing graphics such as window decals or appliques. He checked
San Mateo and San Francisco regulations, and it does not appear either requires that the windows of
vacant commercial spaces be covered in graphics. Stores with such graphics would most likely be the
result of the brokers or property owners initiating the placement themselves.
Taylor cautioned against obscuring storefronts, since the view out of the space towards the sidewalk can
be important for marketing to prospective tenants. She emphasized the importance of being able to see
the foot traffic, natural light, and co-tenancies from inside the space. A medium-ground would be vinyl
banners across just the bottom of the storefront, but it is important to maintain views out of the space and
allow natural light into the space. She mentioned an approach at the Salesforce Transit Center which
engaged local artists to paint portions of the storefronts.
The Subcommittee mentioned they want to dissuade storefronts from being obscured with butcher paper
since they can become dilapidated, and noted the Charmelle 28 space on Burlingame Avenue is an
example where graphics have been applied nicely. The Subcommittee suggested there may be a range of
acceptable alternatives, including clean and maintained unobscured windows, decal graphics, or artwork.
If the windows are unobstructed, the interior of the space should be clear and presentable. CM Goldman
suggested this matter may be combined with the vacant property maintenance provisions discussed
earlier, and that different options could be provided.
Taylor suggested that obscured windows may be desired during active construction, but if the space is
vacant and not under construction, the maintenance provisions would otherwise apply. Typically when
construction is underway, trade dress-up will be applied.
CDD Gardiner suggested initially these options could be presented as guidelines for property owners, as
an interim measure rather than waiting to be codified in an ordinance. EDS Relihan agreed that it would
present a positive message, and offered to have suggested guidelines to share with landlords in the
October Subcommittee meeting. CM Goldman agreed with this approach, as it would be a collaborative
effort with the property owners. Taylor suggested there be a handout or slides to show examples, and
offered to share some examples.
Burlingame Avenue Use Opportunities:
Giselle Marie Hale of the Redwood City Planning Commission joined the meeting.
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City Council Economic Development Subcommittee – Minutes August 17, 2018
Taylor mentioned that retail spaces are taking longer to lease. Retailers are typically taking smaller spaces
than they used to lease. Onsite retail has become particularly hard for heavy goods, as customers will
come to stores to browse but then order online so they can ship to home. Too many companies are
contracting, not expanding. However, a presence of some stores is necessary to support online
commerce, as seeing stores keep brands “top of mind” with customers.
Taylor continued that the area of growth is “fitness and food.” There is a great deal of interest among
tenants in being located near fitness and food, which is a change from past practices. Tenants get excited
if they see an assortment of hot restaurants and a tenant like Soul Cycle or Rumble boxing, because they
see energy and repeat visits. These uses generate more traffic on the street than retail alone. She
encouraged broadening options, but cautioned against uses such as banks that offer limited foot traffic.
Taylor also suggested uses such as WeWork for their potential to generate foot traffic, provided there is
retail at the front such as a café. This could be useful for spaces on side streets, such as the former
Anthropologie space. Day spas could also be good for side streets, but do not have the same volume of
traffic as a recreational use. The Subcommittee suggested uses such as WeWork could be classified as a
service rather than an office if it were available to be used by the public.
Taylor noted that it can be expensive for owners to subdivide space, as they need to build demising walls,
install HVAC systems, etc. This would require capital or credit, which can be challenging for some owners.
Conversion to food uses can also be very expensive, and ideally food spaces would be square rather than
narrow and deep. “L-around” configurations can work for dividing a space, but they require a strong tenant
for the “L” portion because if that tenants leaves, it can be difficult to re-lease the space.
The Subcommittee inquired how uses are regulated on Burlingame Avenue and downtown, and CDD
Gardiner mentioned that uses are either “Permitted,” “Conditional” (requiring Planning Commission
approval), or “Prohibited.” Allowing fitness uses on Burlingame Avenue would require amending the
allowed uses, as currently Commercial Recreation is allowed on side streets with a Conditional Use
Permit, but not on Burlingame Avenue itself.
Taylor cautioned that if rules are changed, there should be thought on encouraging the type of uses that
will generate foot traffic and be complementary to retail uses. A private Pilates studio, for example, will not
create a lot of foot traffic. The Conditional Use Permit mechanism may be the best option for ensuring
compatibility. There can be a requirement that there be merchandised space in the first 12 or 15 feet of the
storefront.
EDS Relihan mentioned that there are hybrid approaches that combine electronic displays with online
ordering. Taylor mentioned that such pioneering concepts first go into San Francisco or somewhere like
Santana Row, where there is significant foot traffic and co-tenancy. Some are test concepts.
The Subcommittee inquired how a code amendment to allowed uses would be approached. As part of the
General Plan Update and Zoning Ordinance Update, the zoning update should prioritize Burlingame
Avenue and Broadway. CDD Gardiner noted that the timeframe for the zoning update is approximately one
year beyond the General Plan adoption, but a more focused code amendment could be initiated by the
City Council, or could be initiated by an applicant in conjunction with a permit application.
The Subcommittee emphasized that Burlingame Avenue offers a “lifestyle.” Taylor suggested that people
should be able to feel like they can get everything that they need.
The Subcommittee mentioned that rising rents have created vacancies. Taylor said it c an be hard to
readjust people’s expectations when the market is changing. Rents have rolled back, because they are
4
City Council Economic Development Subcommittee – Minutes August 17, 2018
directly tied to tenants’ sales volumes. A healthy ratio is 10% occupancy cost for retail (including pass
through), 8% for restaurants. New tenants will want to factor their projections more conservatively,
whereas a renewal may be able to be more aggressive than 10 percent.
EDS Relihan noted that the Downtown Business Improvement District (DBID) has had challenges finding
space for events. There have been logistical challenges with obtaining permission from Public Works.
Taylor noted that farmers’ markets and food truck events can be effective at attracting people, but there
may not be enough surrounding density to sustain some events. The Subcommittee members remarked
on the conflict between people being opposed to increasing density and development downtown, but also
lamenting the loss of retail. Taylor suggested that density can help fill the gap from online sales, and that
the city-owned parking lots offer opportunities to add density. She suggested that in the development of
parking lots, ground leases would be preferable for the City to retain the asset.
Taylor emphasized that the process for applicants needs to be clear, and that prospective businesses are
sensitive to barriers to entry. The formula retail conditional use permit process in San Francisco has
resulted in vacancies, since retailers fear the risk and unpredictability. Retailers will pursue easier, more
predictable alternatives. EDS Relihan noted that he has created materials to clarify the conditional use
permit process for prospective applicants. He noted he has received inquiries to allow offices in basement
spaces and suggested it should be considered.
Subcommittee members inquired about the loss of sales taxes from retail changing to services. Taylor said
the taxes captured locally by online sales that would have otherwise been collected in other jurisdictions
needs to be factored.
Giselle Marie Hale noted that Redwood City is getting increased density, but doesn’t have a retail base.
Taylor suggested that new buildings need to be designed to accommodate a range of uses, including
ventilation shafts and cooking infrastructure, and ceiling heights of 11 feet clear or higher. Spaces in new
buildings are sometimes too deep or the ceilings are too low, and the developers do not finish the shells. It
is better to have less retail space, but space that is leasable, rather than a large amount of retail space
that is not configured correctly.
The Subcommittee concluded that these issues will be further discussed in a retail summit next spring.
Taylor suggested that the City invite district managers of the corporate stores, since they have a
relationship with the community. She added that even in a healthy retail economy, filling vacancies can
take some time because companies take time to make decisions; it can take a year or more for a retailer
to make all the decisions to enter a market.
PUBLIC COMMENTS
There were no further public comments.
FUTURE AGENDA ITEMS
Potential city tools and incentives for businesses attraction
Succession planning for businesses looking to sell
ADJOURNMENT
5
City Council Economic Development Subcommittee – Minutes August 17, 2018
Meeting adjourned at 4:23 p.m.
Respectfully submitted,
Kevin Gardiner
Community Development Director
City Council Economic Development Subcommittee
MINUTES
Conference Room A
City Hall, 501 Primrose Road – Burlingame, California
Thursday, October 11, 2018 – 2:30 p.m.
1
ATTENDANCE
Members Present: Council Member (CC) Beach and Vice Mayor (VM) Colson
Members Absent: None
Staff Present: City Manager (CM) Lisa Goldman, Parks and Recreation Director (PRD)
Margaret Glomstad, Economic Development Specialist (EDS) Cleese Relihan,
Finance Director (FD) Carol Augustine, and Community Development Director
(CDD) Kevin Gardiner
Members of the Public Present:
Chris Blom, John Britton, Nick Delis, Stephanie Delis, Clark Funkhouser, Ryan
Guibara, Ron Karp, Riyad Salma, Julie Taylor, Silvia Wong, and Vierra Wong
DISCUSSION ITEMS
Burlingame Avenue Downtown Zoning:
EDS Relihan introduced the item. He said the interest originates from inquiries he and Planning staff
have received for various businesses that would not be allowed under current zoning regulations. Given
the changing nature of retail and commercial uses in downtown districts, it seemed appropriate to
consider the range of uses desired for Burlingame Avenue and Broadway, and determine if
amendments to the zoning regulations would be appropriate to accommodate uses that might not be
allowed currently. Commercial property owners were invited to this meeting to provide input, including
identifying potential tenants that may have inquired about leasing space that may or may not be able to
be accommodated under current zoning.
Vice Mayor Colson provided further introduction, noting that the vacancy of the large J. Crew space on
Burlingame Avenue had been part of the impetus for the discussion. Retail consultant Julie Taylor had
been invited to the August 17, 2018 Economic Development Subcommittee meeting to share her
thoughts on the issue. Ms. Colson noted that there will be further conversations in the community on
this topic in the coming year. She added that commercial recreation and co-working businesses have
been suggested as new uses not currently allowed on Burlingame Avenue.
Property owners in attendance had a number of observations and suggestions including:
Suggestion to review the Burlingame Avenue Commercial (BAC) zoning chapter to look at which
uses are permitted and not permitted, and how those fit with the 21st century. The current zoning
lists a number of outmoded uses such as variety stores, drug stores, and travel agencies.
The nature of banks has changed from decades ago; they should be allowed.
There has been interest in commercial recreation, but it is not allowed in the BAC zone.
There is a provision in the zoning that states that anything that is not listed is therefore prohibited.
The property owners suggest changing this provision to allow more flexibility in the future.
Does not need to have three different types of food service uses.
City Council Economic Development Subcommittee – Minutes
October 11, 2018
2
Should consider the goal of Burlingame Avenue downtown retail and Broadway retail. The
current regulations are very restrictive. Set a broad goal, a vision statement.
The “retail” use is really restrictive downtown, and what is allowed varies from block to block.
Different retail criteria for different locations, zoning is disparate.
The CUP process does not work for leasing, creates risk for landlords. Needs a faster process
for getting a decision. For example, staff-level review with a 48-hour turnaround, which could be
appealed if there was disagreement with the decision.
Soul Cycle or other commercial recreation would be a good tenant for Burlingame Avenue. It
brings a lot of energy, particularly with the right instructor. It is a better location than Howard
Avenue.
There is still high demand for retail.
Could consider allowing office on the ground floor provided the first 15 or 20 feet is retail. Could
have office space behind, accessed through a hallway.
Education uses bring foot traffic, and eating and shopping. Parents have to drop off kids and
pick them up, and will shop and eat in the meantime.
There appears to be increased foot traffic on Burlingame Avenue at the lunch hour. There needs
to be more eating establishments. Young people with disposable income are coming to
Burlingame, and they want to eat, but want to get in and out quickly. Needs more flexibility for a
wider spectrum in restaurants.
Subcommittee members showed concern with the process to obtain permits and wanted to ensure they
do not impose undue constraints on prospective businesses.
Julie Taylor, Colliers International, provided comments on retail environments in general. She said that
every category of retail property is trying to figure out how to replace the lost soft-good tenants.
Shopping centers are replacing retail space with food; for example a Macy’s converted into an Eataly
in Los Angeles. She suggested making the zoning as broad as possible to allow multiple types of uses.
She said there should still be retail on the ground floor, but the City could expand the zoning to include
fitness provided it has a retail component at the front. It is reasonable to tell a recreation use that it
cannot obscure its windows, and must instead have an entry vestibule, perhaps with apparel, that is
welcome and open during regular business hours. She also suggested co-working could be considered
if it has a café presence at the front, particularly since co-working brings more businesspeople, which
then brings better lunchtime traffic and cocktail hour traffic. On larger frontages, an option could be to
have a significant portion of the frontage be occupied by retail, but have co-working occupy just 20 feet
in front with a “throat entrance” leading to a larger space behind. However, she also suggested being
cognizant that a single use such as co-working not dominate an entire block. She noted that the laws
of supply and demand need to be recognized; some cities try to regulate the mix of uses through zoning,
but it results in vacancies. The important consideration is how uses (whether they be commercial
recreation or co-working) activate the window line, and how much window line do they have.
Property owners provided further remarks:
It is a challenge to find a tenant for an old-style “bowling alley” storefront that is 35 feet in the
front but extends 100 or 150 feet back.
Ability to pay higher rents varies by type of tenant, as well as position of a tenant in their category.
For example, Salt & Straw can afford a $16,000 per month lease because it is a leader in the
category, and can cover the lease cost with volume.
There is less demand for table service restaurants.
City Council Economic Development Subcommittee – Minutes
October 11, 2018
3
Ms. Taylor added that restaurants can have a hard time expanding in the Bay Area because they cannot
hire enough employees. The employees cannot afford the cost of living, and the wages are higher.
Counter service lowers labor costs.
Subcommittee members inquired about providing housing downtown as a contributor to the commercial
environment. There are plans for both market-rate and below-market units in Downtown Burlingame.
However it can be hard to have conversations about housing in the community, given concerns over
amount of building, parking, etc. The hope is that transit-oriented development can help the commercial
environment.
Property owner comments:
Development is helpful to the commercial environment. Restaurants need people during the
day, as well as at night for dinner and happy hours.
There is a parking issue because there is so much demand from people to be Downtown. In that
sense it is a “high class problem,” or otherwise an indicator of success. Parking should not be
required for retail uses.
There needs to be speedier review of applications. It costs a lot of money to carry a project over
time.
Subcommittee members asked those in attendance about their perspectives on the future of brick-and-
mortar retail. It is important to Downtown, and in particular with the post office project having a sizab le
retail component. CDD Gardiner mentioned that the post office project proposes about 18,000 square
feet of retail.
Property owner comments:
18,000 square feet of new retail is a lot of space to support. There is a risk of too much retail;
they believe it will be a detriment to the project.
Ms. Taylor remarked that retail will survive, but only on the best blocks with the best architecture and
streetscapes, and on the closest feeder streets. She cautioned against creating tertiary retail, where
retail is required at the ground floor regardless of demand. The situation is compounded when
floorplates are too large, ceilings are too low, spaces are too deep, and there are no provisions for
venting. Attractive brownstones and stoops would be preferable to vacant storefronts.
Property owner comments:
Office on the ground floor would also be preferable to vacant retail.
Bay Meadows has had a hard time leasing the retail space, despite all the new housing.
There is 300,000 square feet of office space in downtown Burlingame, which is a relatively small
amount to support retail.
Ms. Taylor mentioned that there are different types of offices. Some offices are very private and have a
fortress quality, but others have more of a presence such as graphics firms, architects, medical, or co-
working which allow engagement. If it has to be a private office, it can be situated behind a throat
entrance with retail in the front.
Property owner comments:
Office on the ground floor has been taboo in Burlingame since the “dotcom,” but office on the
ground floor with the kinds of qualities being described would be desirable.
Could consider overnight hotels for animals, or doggie daycare.
There have been a lot of inquiries for commercial childcare.
City Council Economic Development Subcommittee – Minutes
October 11, 2018
4
Should not try to cherry-pick where the market is going. Will always be playing catchup. The City
needs to think of the overarching goal, together with flexibility and predictability.
Needs reliable decision-making, focus on the administration of the goal.
The split between service and retail is not productive.
The smaller retail uses benefit from the big retailers bringing in foot traffic. However the small
retailers are struggling; they are surviving by putting in their own labor. They cannot provide the
same level of service as the big retailers, such as ease of exchanges.
Subcommittee members asked for examples of communities that have done a good job of revising
regulations.
Property owner comments:
San Mateo tried to regulate ground floor office during the “dotcom.” This has been revisited; a
property owner believes the requirement is now retail in the first 60 feet, and a percentage of
the windowline frontage.
Office on the ground floor still involves people walking.
Ancillary streets such as California Drive are not going to be able to attract retailers.
Ms. Taylor mentioned that childcare is a good use since it brings a parent twice a day. It creates repeat
traffic that merchants can build upon. She also mentioned that Walnut Creek has created a real
downtown with verticality, and residential is in very high demand. People downsize from their large
homes and move to Downtown Walnut Creek to be near services. She suggests that Burlingame
redevelop some of its parking lots with residential or office, noting that density sustains retail. She also
remarked that parking garages are likely to be converted to something else as demand for parking
decreases.
Property owner comments:
The City needs to reduce parking requirements for residential development.
The hotel parking reduction is an example of allowing something other than unused parking.
Parking will be repurposed over time.
Retailers will always ask for more parking, but that should not drive decisions.
Parking is expensive to build. Does not make sense when it is right next to the train station.
Would not suggest limiting the number of commercial recreation uses. The prior experience with
limiting the number of restaurants to 36 allowed a few property owners to control what the
restaurant rates were.
There needs to be predictability in the planning approval process.
Water and sewer add to costs, particularly if the tenant is paying for them.
CM Goldman asked CDD Gardiner to describe how the zoning ordinance update follows the update of
the General Plan. Gardiner commented that the General Plan sets the policy direction and goals, and
that the zoning provides the regulations that establish what is allowed and what is not. It will be a
complete rewrite of the zoning code, not just tinkering. The new code can have more flexibility as is
being discussed. There may also be options for a permit that is less involved than a Conditional Use
Permit. It is also an opportunity to revise procedures as well as regulations. CDD Gardiner also said
there are nearer-term options to make more limited changes to the existing code, such as adding
commercial recreation as an allowed use in the Burlingame Avenue Commercial district. CM Goldman
suggested the nearer-term items could be presented to the full City Council to provide direction as a
work item.
City Council Economic Development Subcommittee – Minutes
October 11, 2018
5
Property owner comments:
Changing the definition of retail may be a faster fix than some of the other concepts being
discussed. If things like co-working can be made to fit within current definitions, the City may not
be so far behind the curve with these changing types of businesses.
CM Goldman suggested to the group that if they have thoughts on what types of changes to make to
the definitions, they can be submitted to staff. Staff will then convey the suggestions to the City Council.
Subcommittee members mentioned that next spring, there will be a “retail summit” to discuss these
issues with the larger community. The subcommittee wanted to talk with property owners in this meeting
beforehand to hear their perspectives. The thinking is to follow the “Burlingame Talks Together” format
that was utilized for the housing discussions earlier this year. The public, retailers, and property owners
will all be invited.
Draft Checklist on “How to Maintain Vacant Commercial Spaces”
EDS Relihan discussed examples he has collected showing different ways to present and market vacant
commercial spaces. The emphasis is on presenting the spaces in a manner that appeals to potential
tenants, and is attractive to the surrounding commercial district.
EDS Relihan has compiled a list of suggestions to property owners that are intended to help improve
the appearance of vacant spaces. They are general strategies to improve the positive “curb appeal” of
a property for prospective tenants.
CM Goldman said some of the vacant properties on Burlingame Avenue and Broadway are presented
well, but others are presented very poorly. Properties are difficult to market when presented poorly, and
in turn reflect badly on adjacent properties. The City wants to provide some “helpful hints” for
maintaining a property while they are looking for their next tenant.
Property owner comments:
Delays in permitting hinder investment in better construction materials. The longer the permitting
takes, the fewer resources are available for making improvements. This is particularly difficult
for smaller “mom and pop” businesses wanting to come in.
There needs to be collective garbage facilities in the parking lots. It is difficult for the individual
older buildings to have room for the bins on their own properties. San Carlos has done a great
job with creating shared trash areas that the tenants and landlords pay for.
Appreciates that staff and the City Council are listening to property owners nowadays and
engaging in constructive conversations.
PUBLIC COMMENTS
There were no further public comments.
FUTURE AGENDA ITEMS
There were no future agenda topics suggested.
ADJOURNMENT
Meeting adjourned at 4:03 p.m.
City Council Economic Development Subcommittee – Minutes
October 11, 2018
6
Respectfully submitted,
Kevin Gardiner
Community Development Director
BURLINGAME CITY HALL
501 PRIMROSE ROAD
BURLINGAME, CA 94010
City of Burlingame
Meeting Minutes
Planning Commission
7:00 PM Council ChambersMonday, February 25, 2019
a.Consideration of an Amendment to Title 25 of the Burlingame Municipal Code, the Zoning
Code, to allow commercial recreation as a Conditional Use in the Burlingame Avenue
Commercial (BAC) zone within Downtown Burlingame. Staff Contact: Ruben Hurin
Planning Manager Hurin provided an overview of the staff report.
Questions of staff:
>Was there any discussion at the economic development subcommittee level in regards to hours of
operation or would that be considered on a case -by-case basis as part of a conditional use permit
application? (Hurin: That level of detail was not part of the discussion, however conditions of approval may
be added as part of the conditional use permit application.)
>Hours of operation for particular businesses could be of concern, such as fitness businesses
operating in the early morning hours. (Hurin: Commercial recreation includes a variety of uses .
Subcommittee focused on fitness uses, which could create concerns regarding noise; however these
concerns could be addressed with conditions of approval limiting the hours of operation.)
>What types of uses does commercial recreation include? (Hurin: In general, it includes athletic and
fitness centers, gyms, art and dance studios, martial arts studios, bowling alleys, billiard halls,
performance theaters, and activity /play centers for children and adults. Staff would evaluate a proposal
and determine if it qualifies as a commercial recreation use.)
>In the subcommittee meeting minutes, property owners made observations and suggestions including
a minimum depth requirement for active retail at the front of the space. How was the 15-foot dimension
determined? (Hurin: Staff discussed the different businesses that are interested in opening in Burlingame,
felt that 15 feet was an appropriate dimension to provide an active use so that it is visible from the street
and to provide enough room for retail display or lounge /reception area. If the dimension is too short, then it
will become left over space and not be used well. If the active space is too deep, the tenant may be
concerned that it takes away from their primary business activity.)
Chair Gaul opened the public hearing.
Public Comments:
There were no public comments.
Chair Gaul closed the public hearing.
Commission Discussion:
>Conditional use permit process provides the level of protection in case an application presents
possible negative impacts. Have no objections to the proposed ordinance.
>At City Council and subcommittee levels, the issue has been vetted and discussed in regards to the
changing face of retail, and the need to open ourselves up in terms of what types of uses are going to
continue to make our downtown vibrant. We have to think about how downtowns are going to remain alive
with e-commerce. Commercial recreation uses will continue to bring people downtown; don't see a reason
not to allow it.
Page 1City of Burlingame Printed on 4/1/2019
February 25, 2019Planning Commission Meeting Minutes
>15-foot buffer is potential retail area, so will add to the retail feel on Burlingame Avenue. In support of
proposed change.
Commissioner Terrones made a motion, seconded by Commissioner Gaul, to recommend to the
City Council that the ordinance and resolution be approved as proposed. The motion carried by
the following vote:
Aye:Loftis, Kelly, Comaroto, Gaul, Terrones, and Tse6 -
Absent:Sargent1 -
Page 2City of Burlingame Printed on 4/1/2019
5.0 Design & Character
5-
5.2.3.2 Windows
General
Windows are important for providing "eyes on the street" and enliven-
ing streetscapes. Building walls should be punctuated by well-propor-
tioned openings that provide relief, detail and variation on the façade.
Windows should be inset from the building wall to create shade and
shadow detail. The use of high-quality window products that contrib-
ute to the richness and detail of the façade is encouraged. Reflective
glass is considered an undesirable material because of its tendency to
create uncomfortable glare conditions and a forbidding appearance.
The use of materials that are reflected in the historic architecture pres-
ent in the Downtown area is encouraged.
Display Windows
Display windows should be designed to enliven the street and provide
pedestrian views into the interior of the storefront. Size, division and
shape of display windows should maintain the established rhythm of
the streetscape. Glass used in the display windows should be clear so it
is possible to see inside, and display cases that block views into stores
are strongly discouraged. Noticably tinted glazing is discouraged and
mirrored/reflective glass is not permitted.
5.2.3.3 Awnings
Awnings should be designed to be decorative, complimentary to the
overall facade design, and provide effective weather and sun protec-
tion. The placement of awnings should relate to the major architec-
tural elements of the facade, avoiding covering any transom windows
or architectural elements such as belt courses, decorative trim and simi-
lar features. The position of awnings should also relate to the pedes-
trian and provide a sense of shelter, with awnings situated to corre-
spond to the tops of doorways and scale of pedestrians rather than
high up on the facade with a monumental scale. Separate awnings
should be used over individual storefront bays as defined by the col-
umns or pilasters rather than placing a continuous awning across the
FIGURE 5-15: Awnings should be designed
to be decorative, complimentary to the
overall facade design, and provide effective
weather and sun protection.
FIGURE 5-14: Size, division and shape of
display windows should maintain the established
rhythm of the streetscape
NOTICE OF PUBLIC HEARING
The CITY OF BURLINGAME CITY COUNCIL will hold a public hearing to consider
amendments to Title 25 of the Burlingame Municipal Code, the Zoning Ordinance, to allow
commercial recreation as a conditional use in the Burlingame Avenue Commercial (BAC)
zone within Downtown Burlingame.
The City Council will review the proposed amendments to Sections 25.32.030 and
25.70.090 of the Municipal Code.
The hearing will be held on Monday, June 3, 2019 at 7:00 p.m. in the City Hall Council
Chambers at 501 Primrose Road, Burlingame, California.
The staff report for this item and copies of the proposed amendments may be reviewed
prior to the meeting at the Community Development Department, Planning Division,
Burlingame City Hall, 501 Primrose Road, Burlingame; and on the City's website at
www.burlingame.org. For additional information please call the Planning Division at (650)
558-7250.
To be published by Friday, May 24, 2019
1
STAFF REPORT
AGENDA NO: 10a
MEETING DATE: June 3, 2019
To: Honorable Mayor and City Council
Date: June 3, 2019
From: Carol Augustine, Finance Director – (650) 558-7222
Subject: Approval of Revisions to Investment Policy for Fiscal Year 2019-20
RECOMMENDATION
Staff recommends that the City Council approve the revised Investment Policy for the City of
Burlingame.
BACKGROUND
The investment of funds by a California local agency, including the types of securities in which an
agency may invest, is governed by the California Government Code. The law requires that the
legislative body of each agency adopt an investment policy, which may add further limitations than
those established by the State. In addition, an agency’s investment policy must be reviewed
annually, and any changes must be adopted at a public meeting.
Finance staff and the City’s investment advisors, PFM Asset Management (PFM), review the City’s
Investment Policy on an annual basis. The policy was last reviewed by the City Council on June
18, 2018, for use in the current fiscal year. At that time, small wording changes were made to the
“Acceptable Investment Instruments” section of the policy to clarify that municipal issuers were also
subject to the 5% per issuer limitation.
DISCUSSION
PFM completed their annual review of the City of Burlingame’s Investment Policy and found it to
be very comprehensive and in compliance with the sections of the California Government Code
that govern the investment of public funds by general law cities. PFM did recommend another
small clarification this year, as per their memo attached to this staff report. The recommended
language related to asset-backed securities (ABS) clarifies the various requirements for inclusion
of these securities in the City’s portfolio. The incorporation of this revised language will not
necessitate any changes to the way the portfolio is currently being managed, as it merely confirms
the way this section of the code was already being interpreted.
FISCAL IMPACT
The recommended change to the City of Burlingame’s Investment Policy will not necessitate any
change to the City’s current portfolio composition. As revised, the Investment Policy continues to
Investment Policy Revisions, 2019-20 June 3 2019
2
support the City’s overall investment strategy, providing a portfolio that is safe, diversified, and has
lower volatility than comparable market benchmarks.
Exhibits:
• Memo from PFM re: 2019 Investment Policy Review
• Investment Policy (redlined)
• Investment Policy (proposed)
May 13, 2019
Memorandum
To: Carol Augustine, Finance Director
City of Burlingame
From: Lesley Murphy, Senior Managing Consultant
PFM Asset Management LLC
Re: 2019 Investment Policy Review
We have completed our annual review of the Investment Policy (the “Policy”) for the City of
Burlingame (the “City”). As written, the Policy is very comprehensive and is in compliance with
the sections of the California Government Code (the “Code”) that govern the investment of
public funds.
We are recommending a minor change to the Policy to reflect a recent clarification made to the
Code language related to asset-backed securities (ABS). Our recommended changes are
detailed below, and we have also provided a redlined copy of the Policy for your review.
Asset-backed Securities (ABS)
We recommend that the City revise the language in this section to reflect a recent clarification to
Code language. We also note that this clarification does not necessitate a change to the
investment procedures already in place for the management of the City’s portfolio.
Background: Assembly Bill No. 1770 (AB 1770), effective January 1, 2019, revises California
Government Code section 53601(o) to clarify requirements for the purchase of asset-backed
securities (ABS) in two respects:
1.First, the maturity limit language was clarified to reflect how many investors already
interpret this section: that they may purchase securities with a maximum remaining
maturity of five years or less.
2.Second, the bill eliminates the requirement that the issuer of these securities be rated
“A” (or its equivalent) or better, as provided by a nationally recognized statistical
rating organization (NRSRO). The Code still requires that the specific security be
rated “AA” (or its equivalent) or better, as provided by an NRSRO.
Analysis: We see these revisions as a matter of clarification for ABS investors. We believe
the removal of the issuer rating criteria is appropriate since this requirement generally has
no relevance to the issuers of ABS, which are organized as trusts and do not have
1
standalone ratings. The minimum AA issue rating remains, which is an important risk
management criteria.
We look forward to further discussing our recommendations with you. Please feel free to contact
us at your convenience.
2
Page 1 of 13
CITY OF BURLINGAME, CA
STATEMENT OF INVESTMENT POLICY
June 2019
PURPOSE
This statement contains guidelines for the prudent investment of the City's temporarily
idle cash in accordance with Government Code sections 53600, et. seq. The ultimate
goal of the City’s Investment Policy is to protect the City's pooled cash while producing a
reasonable rate of return on investments.
SCOPE
The Investment Policy applies to all funds and investment activities of the City except the
investment of bond proceeds, which are governed by the appropriate bond documents,
and any pension or other post-employment benefit funds held in a trust.
PRUDENCE
The standard of prudence to be used by investment officials will be the “prudent investor”
standard, which states that, “when investing, reinvesting, purchasing, acquiring,
exchanging, selling, or managing public funds, a trustee shall act with care, skill,
prudence, and diligence under the circumstances then prevailing, including, but not
limited to, the general economic conditions and the anticipated needs of the agency, that
a prudent person acting in a like capacity and familiarity with those matters would use in
the conduct of funds of a like character and with like aims, to safeguard the principal and
maintain the liquidity needs of the agency.”
OBJECTIVES
The primary objectives, in priority order, of the investment activities of the City are:
1. SAFETY – Safety of principal is the foremost objective of the City of Burlingame.
2. LIQUIDITY – The City’s portfolio will remain sufficiently liquid to enable the City to
meet its cash flow requirements. It is important that the portfolio contain
investments which provide the ability of being easily sold at any time with minimal
risk of loss of principal or interest.
Page 2 of 13
3. RETURN – The City’s portfolio will be designed to attain a market rate of return
through economic cycles consistent with the constraints imposed by its safety
objective and cash flow considerations.
DELEGATION OF INVESTMENT AUTHORITY
Pursuant to Burlingame Municipal Code Section 3.13.040 and Government Code Section
53607, the Finance Director/Treasurer is authorized to invest and reinvest money of the
City, to sell or exchange securities so purchased, and to deposit such securities for
safekeeping in accordance with and subject to this investment policy.
The City may engage the support services of outside investment advisors in regard to its
investment program, so long as these services are likely to produce a net financial
advantage or necessary financial protection of the City’s financial resources.
INVESTMENT PROCEDURES
The Finance Director/Treasurer will establish investment procedures for the operation of
the City’s investment program.
ETHICS AND CONFLICTS OF INTEREST
Officers and employees involved in the investment process will refrain from personal
business activities that could conflict with proper execution of the investment program, or
which could impair their ability to make impartial decisions.
AUTHORIZED FINANCIAL DEALERS AND INSTITUTIONS
The Finance Director/Treasurer will maintain a list of financial dealers and institutions
qualified and authorized to transact business with the City.
The purchase by the City of any investment other than those purchased directly from the
issuer, will be purchased either from an institution licensed by the State as a broker-
dealer, as defined in Section 25004 of the Corporations Code, which is a member of the
Financial Industry Regulatory Authority (FINRA), or a member of a federally regulated
securities exchange, a national or state chartered bank, a federal or state association (as
defined by Section 5102 of the Financial Code), or a brokerage firm designated as a
Primary Government Dealer by the Federal Reserve Bank.
The Finance Director/Treasurer will investigate all institutions that wish to do business
with the City to determine if they are adequately capitalized, make markets in securities
appropriate for the City’s needs, and agree to abide by the conditions set forth in the City
of Burlingame’s Investment Policy and any other guidelines that may be provided. This
will be done annually by having the financial institutions:
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1. Provide written notification that they have read, and will abide by, the City’s
Investment Policy.
2. Submit their most recent audited Financial Statement within 120 days of the
institution’s fiscal year end.
If the City has an investment advisor, the investment advisor may use its own list of
authorized broker-dealers to conduct transactions on behalf of the City.
Purchase and sale of securities will be made on the basis of competitive bids and offers
with a minimum of three quotes being obtained, when practicable.
ACCEPTABLE INVESTMENT INSTRUMENTS
Where this section specifies a percentage limitation for a particular security type or issuer,
that percentage is applicable only on the date of purchase and shall be calculated on the
basis of market value. Credit criteria listed in this section refers to the credit rating at the
time the security is purchased. If an investment’s credit rating falls below the minimum
rating required at the time of purchase, the Finance Director/Treasurer or his/her
designee will perform a timely review and decide whether to sell or hold the investment.
The City will limit investments in any one non-government or municipal issuer, except
investment pools and money market funds, to no more than 5% regardless of security
type.
Acceptable investments authorized for purchase by the Finance Director/Treasurer are:
1. U.S. Treasury obligations for which the full faith and credit of the United States are
pledged for the payment of principal and interest.
2. Federal agency or United States government-sponsored enterprise obligations,
participations, or other instruments, including those issued by or fully guaranteed as
to principal and interest by federal agencies or United States government-sponsored
enterprises.
3. Obligations of the State of California or any local agency within the state,
including bonds payable solely out of revenues from a revenue producing property
owned, controlled or operated by the state or any local agency, or by a department,
board, agency or authority of the state or any local agency that is rated in a rating
category of “A” or its equivalent or better by a nationally recognized statistical-rating
organization (NRSRO). Purchases of the obligations described in this subdivision and
in subdivision 4 (registered treasury notes or bonds of any of the other 49 states in
addition to California) collectively may not exceed 30% of the City’s portfolio.
4. Registered treasury notes or bonds of any of the other 49 states in addition to
California, including bonds payable solely out of the revenues from a revenue-
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producing property owned, controlled, or operated by a state, or by a department,
board, agency, or authority of any of these states that is rated in a rating category of
“A” or its equivalent or better by an NRSRO. Purchases of the obligations described
in this subdivision and in subdivision 3 (obligations of the State of California or any
local agency within the state) collectively may not exceed 30% of the City’s portfolio.
5. Bankers’ Acceptances with a rating of the highest ranking or highest letter and
number rating as provided for by an NRSRO. Purchases of bankers’ acceptances may
not exceed 180 days. No more than 40% of the City’s portfolio may be invested in
bankers’ acceptances.
6. Commercial Paper of “prime” quality of the highest ranking or of the highest letter
and number rating as provided for by a NRSRO. The entity that issues the commercial
paper must meet all of the following conditions in either paragraph a or paragraph b:
a. The entity meets the following criteria: (i) is organized and operating in the
United States as a general corporation, (ii) has total assets in excess of five
hundred million dollars ($500,000,000), and (iii) has debt other than
commercial paper, if any, that is rated in a rating category of “A” or its
equivalent or higher by an NRSRO.
b. The entity meets the following criteria: (i) is organized within the United States
as a special purpose corporation, trust, or limited liability company, (ii) has
program-wide credit enhancements including, but not limited to, over
collateralization, letters of credit, or surety bond, and (iii) has commercial
paper that is rated “A-1” or higher, or the equivalent, by an NRSRO.
Eligible commercial paper will have a maximum maturity of 270 days or less. No more
than 25% of the City’s portfolio may be invested in commercial paper. The City may
purchase no more than 10% of the outstanding commercial paper of any single issuer.
7. Negotiable Certificates of Deposit issued by a nationally or state-chartered bank, a
savings association or a federal association (as defined by Section 5102 of the
Financial Code), a state or federal credit union, or by a federally- or state-licensed
branch of a foreign bank. Eligible negotiable certificates of deposit (negotiable CDs)
shall be rated in a rating category of “A” for long-term, “A-1” for short-term, their
equivalents, or better by an NRSRO. No more than 30% of the City’s portfolio may be
invested in negotiable CDs.
8. Non-negotiable Certificates of Deposit (time CDs) in a state or national bank,
savings association or federal association, or federal or state credit union with a
branch in the State of California. In accordance with California Government Code
Section 53635.2, to be eligible to receive City deposits, a financial institution will have
received an overall rating of not less than “satisfactory” in its most recent evaluation
by the appropriate federal financial supervisory agency of its record of meeting the
credit needs of California’s communities. Time CDs are required to be collateralized
as specified under Government Code Section 53630 et seq. The City, at its discretion,
may waive the collateralization requirements for any portion that is covered by federal
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deposit insurance. The City will have a signed agreement with any depository
accepting City funds per Government Code Section 53649. No deposits will be made
at any time in time CDs issued by a state or federal credit union if a member of the
City Council or the Finance Director/Treasurer serves on the board of directors or any
committee appointed by the board of directors of the credit union. In accordance with
Government Code Section 53638, any deposit will not exceed that total shareholder’s
equity of any depository bank, nor will the deposit exceed the total net worth of any
institution.
9. Medium-Term Notes issued by corporations organized and operating within the
United States or by depository institutions licensed by the U.S. or any state and
operating within the U.S. Medium-term corporate notes will be rated in a rating
category “A” or its equivalent or better by a NRSRO. No more than 30% of the City’s
portfolio may be invested in medium-term notes.
10. Demand Deposits
11. Passbook Savings Accounts
12. Shares of beneficial interest issued by diversified management companies that
are money market funds registered with the Securities and Exchange Commission
under the Investment Company Act of 1940 (15 U.S.C. Sec. 80a-1, et seq.). To be
eligible for investment, money market funds must be managed with the goal of
maintaining a stable net asset value (NAV) per share of $1.00.
Further, to be eligible for investment pursuant to this subdivision these companies
(money market funds) will either: (i) attain the highest ranking or the highest letter and
numerical rating provided by at least two NRSROs or (ii) have retained an investment
advisor registered or exempt from registration with the Securities and Exchange
Commission with not less than five years of experience managing money market
mutual funds and with assets under management in excess of $500,000,000.
It is possible that a money market fund that is managed with the goal of maintaining a
stable NAV per share of $1.00 may be unable to maintain an NAV of $1.00 per share
due to market conditions or other factors. In such instances, the Finance
Director/Treasurer or his/her designee will perform a timely review and decide whether
to sell or hold the fund(s), subject to any restraints imposed by the money market
fund(s).
No more than 20% of the City’s investment portfolio may be invested in money market
funds. Further, no more than 10% of the City’s investment portfolio may be invested
in any one money market fund.
13. Mortgage passthrough security, collateralized mortgage obligation, mortgage-
backed or other pay-through bond, equipment lease-backed certificate,
consumer receivable passthrough certificate, or consumer receivable-backed
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bond. Securities eligible for investment under this subdivision shall be rated in a rating
category of "AA" or its equivalent or better by an NRSRO and have a maximum
remaining maturity of five years or less. Purchase of securities authorized by this
subdivision may not exceed 20% percent of the City's investment portfolio.
14. Repurchase Agreements. Repurchase Agreements shall be used solely as short-
term investments not to exceed 30 days.
a. The City will enter into repurchase agreements only with primary government
securities dealers as designated by the Federal Reserve Bank of New York.
Repurchase agreements shall be governed by a SIFMA Master Repurchase
Agreement. All securities underlying repurchase agreements shall be
delivered to the City’s custodian bank, or be handled under a properly
executed “tri-party” custodial arrangement. Collateral for repurchase
agreements is restricted to U.S. Treasury issues or Federal Agency issues.
b. The underlying collateral must be at least 102% of the repurchase agreement
amount. If the value of securities held as collateral slips below 102% of the
value of the cash transferred, then additional cash or acceptable securities
must be delivered to the third party custodian. Market value shall be
recalculated each time there is a substitution of collateral. For repurchase
agreements with terms to maturity of greater than three days, the value of the
collateral securities shall be marked to market weekly by the custodian, and,
if additional collateral is required, then that collateral must be delivered within
two business days. If a collateral deficiency is not corrected within two days,
the collateral securities will be liquidated.
c. A perfected first security interest in the collateral securities, under the Uniform
Commercial Code, shall be created for the benefit of the City. Collateral
securities shall be held free and clear of any lien and shall be held by an
independent third party acting solely as an agent for the City, and such third
party shall be (i) a Federal Reserve Bank, or (ii) a bank which is a member of
the Federal Deposit Insurance Corporation and which has combined capital,
surplus, and undivided profits of not less than $50 million.
15. Local Agency Investment Fund (State Pool) an investment pool run by the State
Treasurer. The City can invest up to the maximum amount permitted by the State
Treasurer.
16. County Investment Fund (San Mateo County Pool)
17. Shares of beneficial interest issued by a joint powers authority (Local
Government Investment Pools or “Pool”) organized pursuant to Government Code
Section 6509.7 that invests in the securities and obligations authorized in subdivisions
(a) to (q) of California Government Code Section 53601, inclusive. Each share will
represent an equal proportional interest in the underlying pool of securities owned by
the joint powers authority. The Pool will be rated in a rating category “AAA” or its
equivalent by a NRSRO. To be eligible under this section, the shares will maintain a
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stable net asset value (NAV) and the joint powers authority issuing the shares will
have retained an investment adviser that meets all of the following criteria:
a. The adviser is registered or exempt from registration with the Securities and
Exchange Commission.
b. The adviser has not less than five years of experience investing in the
securities and obligations authorized in subdivisions (a) to (q) Government
Code Section 53601, inclusive.
c. The adviser has assets under management in excess of five hundred million
dollars ($500,000,000).
18. Guaranteed Investment Contracts (collateralized with Government Securities,
physically delivered to an acceptable safekeeping account.)
19. Supranationals which are United States dollar denominated senior unsecured
unsubordinated obligations issued or unconditionally guaranteed by the International
Bank for Reconstruction and Development (IBRD), International Finance Corporation
(IFC), or Inter-American Development Bank (IADB), with a maximum remaining
maturity of five years or less, and eligible for purchase and sale within the United
States. Investments under this subdivision shall be rated in a rating category of "AA"
or its equivalent or better by at least one NRSRO. No more than 30% of the City’s
investment portfolio may be invested in supranationals.
RESTRICTION ON INVESTMENT POLICIES AND CITY CONSTRAINTS
Section 53600 et. seq. of the State of California Government Code outlines the collateral
requirements for certain types of investments and also limits the percentage of total
investments which can be placed in certain classifications. Investments must meet the
time schedules as indicated by the cash flow projections of the City. Investments will be
purchased with the intent to hold until maturity, however this will not preclude the sale of
securities prior to maturity in order to reposition the portfolio’s duration, credit quality, or
enhance the rate of return.
INVESTMENT POOLS
The State pool and San Mateo County Pool invests in additional Government Code
authorized investments that are not approved for direct purchase by the Finance
Director/Treasurer. These pools shall provide a current investment policy and monthly
reports for review by the Finance Director/Treasurer. The Finance Director/Treasurer is
authorized to invest in these pools provided they reasonably appear to be in conformance
with their investment policies.
MATURITY LIMIT
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State law requires that the maturity of any given instrument should not exceed five years
unless specifically approved by City Council at least three months before the investment
is made.
INTERNAL CONTROL
The Finance Director/Treasurer is responsible for establishing and maintaining an internal
control structure designed to provide reasonable assurance that the assets of the City are
protected from loss, theft or misuse. The City Manager or designee shall arrange for an
annual audit by an external CPA firm in compliance with the requirements of state law
and generally accepted accounting principles as pronounced by the GASB
(Governmental Accounting Standards Board.) As part of the audit, investment
transactions will be tested. The annual audit will be an integral part, but not the sole part,
of management’s program of monitoring internal controls.
CUSTODY OF SECURITIES
All securities owned by the City, except time deposits and securities used as collateral for
repurchase agreements, will be kept in safekeeping by a third-party bank’s trust
department, acting as an agent for the City under the terms of a custody agreement
executed by the bank and the City.
All securities will be received and delivered using standard delivery versus payment
procedures.
PERFORMANCE STANDARDS
The City’s portfolio shall be structured to achieve a market-average rate of return through
various economic cycles, commensurate with the investment risk constraints and the
cash flow needs. The benchmark for “market-average rate” shall be the rate of return of
an appropriate market-based index which has a duration similar to that of the the City’s
portfolio, against which portfolio performance shall be compared on a regular basis.
Currently, the benchmark used for comparison purposes is the Bank of America Merrill
Lynch 1-5 year U.S. Treasury index.
REPORTING
The Finance Director/Treasurer will provide a quarterly investment report to the City
Council showing all transactions, type of investment, issuer, purchase date, maturity
date, purchase price, yield to maturity, and current market value for all securities.
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POLICY REVIEW
This Investment Policy will be reviewed at least annually to ensure its consistency with:
1. The California Government Code sections that regulate the investment and
reporting of public funds.
2. The overall objectives of preservation of principal, sufficient liquidity, and a
market return.
Approved by City Council on ____________
_________________________
Donna Colson, Mayor
_________________________
Lisa Goldman
City Manager
_________________________
Carol Augustine
Finance Director/Treasurer
ATTEST:
_____________________
Meaghan Hassel-Shearer
City Clerk
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Glossary
Asset Backed Securities (ABS) are securities backed by loans or receivables on assets
other than real estate. ABS can be secured by a variety of assets including, but not limited
to credit card receivables, auto loans, and home equity loans.
Bankers’ Acceptances are short-term credit arrangements to enable businesses to
obtain funds to finance commercial transactions. They are time drafts drawn on a bank
by an exporter or importer to obtain funds to pay for specific merchandise. By its
acceptance, the bank becomes primarily liable for the payment of the draft at maturity. An
acceptance is a high-grade negotiable instrument.
Broker-Dealer is a person or a firm who can act as a broker or a dealer depending on
the transaction. A broker brings buyers and sellers together for a commission. They do
not take a position. A dealer acts as a principal in all transactions, buying and selling for
his own account.
Certificates Of Deposit
1. Negotiable Certificates of Deposit are large-denomination CDs. They are issued
at face value and typically pay interest at maturity, if maturing in less than 12
months. CDs that mature beyond this range pay interest semi-annually. Negotiable
CDs are issued by U.S. banks (domestic CDs), U.S. branches of foreign banks
(Yankee CDs), and thrifts. There is an active secondary market for negotiable
domestic and Yankee CDs. However, the negotiable thrift CD secondary market is
limited. Yields on CDs exceed those on U.S. treasuries and agencies of similar
maturities. This higher yield compensates the investor for accepting the risk of
reduced liquidity and the risk that the issuing bank might fail. State law does not
require the collateralization of negotiable CDs.
2. Non-negotiable Certificates of Deposit are time deposits with financial
institutions that earn interest at a specified rate for a specified term. Liquidation of
the CD prior to maturity incurs a penalty. There is no secondary market for these
instruments, therefore, they are not liquid. They are classified as public deposits,
and financial institutions are required to collateralize them. Collateral may be
waived for the portion of the deposits that are covered by FDIC insurance.
Collateral refers to securities, evidence of deposits, or other property that a borrower
pledges to secure repayment of a loan. It also refers to securities pledged by a bank to
secure deposits. In California, repurchase agreements, reverse repurchase agreements,
and public deposits must be collateralized.
Commercial Paper is a short term, unsecured, promissory note issued by a corporation
to raise working capital.
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Demand Deposits are funds held that can be withdrawn at anytime without advance
notice to the institution holding the funds.
Duration is a measure of the sensitivity of the price of a security or a portfolio of securities
to a change in interest rates, typically stated in years.
Federal Agency Obligations are issued by U.S. Government Agencies or Government
Sponsored Enterprises (GSE). Although they were created or sponsored by the U.S.
Government, most Agencies and GSEs are not guaranteed by the United States
Government. Examples of these securities are notes, bonds, bills and discount notes
issued by Fannie Mae (FNMA), Freddie Mac (FHLMC), the Federal Home Loan Bank
system (FHLB), and Federal Farm Credit Bank (FFCB). The Agency market is a very
large and liquid market, with billions traded every day.
Guaranteed Investment Contracts (GIC) are contracts that guarantee principle
repayment after a certain period of time along with a predetermined interest rate.
Issuer means any corporation, governmental unit, or financial institution that borrows
money through the sale of securities.
Liquidity refers to the ease and speed with which an asset can be converted into cash
without loss of value. In the money market, a security is said to be liquid if the difference
between the bid and asked prices is narrow and reasonably sized trades can be done at
those quotes.
Local Agency Investment Fund (LAIF) is a special fund in the State Treasury that local
agencies may use to deposit funds for investment. There is no minimum investment
period and the minimum transaction is $5,000, in multiples of $1,000 above that, with a
maximum of $65 million for any California public agency. It offers high liquidity because
deposits can be converted to cash in twenty-four hours and no interest is lost. All interest
is distributed to those agencies participating on a proportionate share determined by the
amounts deposited and the length of time they are deposited. Interest is paid quarterly
via direct deposit to the agency’s LAIF account. The State keeps an amount for
reasonable costs of making the investments, not to exceed one-quarter of one per cent
of the earnings.
Local Government Investment Pools (LGIP) are investment tools similar to money
market funds that allow public entities to invest funds.
Market Value is the price at which a security is trading and could presumably be purchased
or sold.
Maturity is the date upon which the principal or stated value of an investment becomes
due and payable.
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Medium-Term Notes are debt obligations issued by corporations and banks, usually in
the form of unsecured promissory notes. These are negotiable instruments that can be
bought and sold in a large and active secondary market. For the purposes of California
Government Code, the term “Medium Term” refers to a maximum remaining maturity of
five years or less. They can be issued with fixed or floating-rate coupons, and with or
without early call features, although the vast majority are fixed-rate and non-callable.
Corporate notes have greater risk than Treasuries or Agencies because they rely on the
ability of the issuer to make payment of principal and interest.
Money Market Fund is a type of investment comprising a variety of short-term securities
with high quality and high liquidity. The fund provides interest to shareholders. Eligible
money market funds must strive to maintain a stable net asset value (NAV) of $1 per share.
Mortgage Backed Securities (MBS) or Mortgage Passthrough Securities are securities
that are backed cash flows from an underlying pool of mortgages.
Principal describes the original cost of a security. It represents the amount of capital or
money that the investor pays for the investment.
Repurchase Agreements are short-term investment transactions. Banks buy
temporarily idle funds from a customer by selling him U.S. Government or other securities
with a contractual agreement to repurchase the same securities on a future date at an
agreed upon interest rate. Repurchase Agreements are typically for one to ten days in
maturity. The customer receives interest from the bank. The interest rate reflects both the
prevailing demand for Federal Funds and the maturity of the Repo. Repurchase
Agreements must be collateralized.
Supranational Entities are formed by two or more central governments with the purpose
of promoting economic development for the member countries. Supranational institutions
finance their activities by issuing debt, such as supranational bonds. Examples of
supranational institutions include the European Investment Bank and the World Bank.
Similarly to the government bonds, the bonds issued by these institutions are considered
direct obligations of the issuing nations and have a high credit rating.
Total Return is the performance of a portfolio including interest income and any capital
appreciation or depreciation as a result of interest rate movements.
U.S. Treasury Issues are direct obligations of the United States Government. They are
highly liquid and are considered the safest investment security. U.S. Treasury issues
include:
1. Treasury Bills which are non-interest-bearing discount securities issued by the
U.S. Treasury to finance the national debt. Bills are currently issued in one, three,
six, and twelve month maturities.
2. Treasury Notes that have original maturities of one to ten years.
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3. Treasury Bonds that have original maturities of greater than 10 years.
Yield to Maturity is the rate of income return on an investment, minus any premium above
par or plus any discount with the adjustment spread over the period from the date of the
purchase to the date of maturity of the bond.
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CITY OF BURLINGAME, CA
STATEMENT OF INVESTMENT POLICY
June 20198
PURPOSE
This statement contains guidelines for the prudent investment of the City's temporarily
idle cash in accordance with Government Code sections 53600, et. seq. The ultimate
goal of the City’s Investment Policy is to protect the City's pooled cash while producing a
reasonable rate of return on investments.
SCOPE
The Investment Policy applies to all funds and investment activities of the City except the
investment of bond proceeds, which are governed by the appropriate bond documents,
and any pension or other post-employment benefit funds held in a trust.
PRUDENCE
The standard of prudence to be used by investment officials will be the “prudent investor”
standard, which states that, “when investing, reinvesting, purchasing, acquiring,
exchanging, selling, or managing public funds, a trustee shall act with care, skill,
prudence, and diligence under the circumstances then prevailing, including, but not
limited to, the general economic conditions and the anticipated needs of the agency, that
a prudent person acting in a like capacity and familiarity with those matters would use in
the conduct of funds of a like character and with like aims, to safeguard the principal and
maintain the liquidity needs of the agency.”
OBJECTIVES
The primary objectives, in priority order, of the investment activities of the City are:
1. SAFETY – Safety of principal is the foremost objective of the City of Burlingame.
2. LIQUIDITY – The City’s portfolio will remain sufficiently liquid to enable the City to
meet its cash flow requirements. It is important that the portfolio contain
investments which provide the ability of being easily sold at any time with minimal
risk of loss of principal or interest.
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3. RETURN – The City’s portfolio will be designed to attain a market rate of return
through economic cycles consistent with the constraints imposed by its safety
objective and cash flow considerations.
DELEGATION OF INVESTMENT AUTHORITY
Pursuant to Burlingame Municipal Code Section 3.13.040 and Government Code Section
53607, the Finance Director/Treasurer is authorized to invest and reinvest money of the
City, to sell or exchange securities so purchased, and to deposit such securities for
safekeeping in accordance with and subject to this investment policy.
The City may engage the support services of outside investment advisors in regard to its
investment program, so long as these services are likely to produce a net financial
advantage or necessary financial protection of the City’s financial resources.
INVESTMENT PROCEDURES
The Finance Director/Treasurer will establish investment procedures for the operation of
the City’s investment program.
ETHICS AND CONFLICTS OF INTEREST
Officers and employees involved in the investment process will refrain from personal
business activities that could conflict with proper execution of the investment program, or
which could impair their ability to make impartial decisions.
AUTHORIZED FINANCIAL DEALERS AND INSTITUTIONS
The Finance Director/Treasurer will maintain a list of financial dealers and institutions
qualified and authorized to transact business with the City.
The purchase by the City of any investment other than those purchased directly from the
issuer, will be purchased either from an institution licensed by the State as a broker-
dealer, as defined in Section 25004 of the Corporations Code, which is a member of the
Financial Industry Regulatory Authority (FINRA), or a member of a federally regulated
securities exchange, a national or state chartered bank, a federal or state association (as
defined by Section 5102 of the Financial Code), or a brokerage firm designated as a
Primary Government Dealer by the Federal Reserve Bank.
The Finance Director/Treasurer will investigate all institutions that wish to do business
with the City, to determine if they are adequately capitalized, make markets in securities
appropriate for the City’s needs, and agree to abide by the conditions set forth in the City
of Burlingame’s Investment Policy and any other guidelines that may be provided. This
will be done annually by having the financial institutions:
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1. Provide written notification that they have read, and will abide by, the City’s
Investment Policy.
2. Submit their most recent audited Financial Statement within 120 days of the
institution’s fiscal year end.
If the City has an investment advisor, the investment advisor may use its own list of
authorized broker-/dealers to conduct transactions on behalf of the City.
Purchase and sale of securities will be made on the basis of competitive bids and offers
with a minimum of three quotes being obtained, when practicable.
ACCEPTABLE INVESTMENT INSTRUMENTS
Where this section specifies a percentage limitation for a particular security type or issuer,
that percentage is applicable only on the date of purchase and shall be calculated on the
basis of market value. Credit criteria listed in this section refers to the credit rating at the
time the security is purchased. If an investment’s credit rating falls below the minimum
rating required at the time of purchase, the Finance Director/Treasurer or his/her
designee will perform a timely review and decide whether to sell or hold the investment.
The City will limit investments in any one non-government or municipal issuer, except
investment pools and money market funds, to no more than 5% regardless of security
type.
Acceptable investments authorized for purchase by the Finance Director/Treasurer are:
1. U.S. Treasury obligations for which the full faith and credit of the United States are
pledged for the payment of principal and interest.
2. Federal agency or United States government-sponsored enterprise obligations,
participations, or other instruments, including those issued by or fully guaranteed as
to principal and interest by federal agencies or United States government-sponsored
enterprises.
3. Obligations of the State of California or any local agency within the state,
including bonds payable solely out of revenues from a revenue producing property
owned, controlled or operated by the state or any local agency, or by a department,
board, agency or authority of the state or any local agency that is rated in a rating
category of “A” or its equivalent or better by a nationally recognized statistical-rating
organization (NRSRO). Purchases of the obligations described in this subdivision and
in subdivision 4 (registered treasury notes or bonds of any of the other 49 states in
addition to California) collectively may not exceed 30% of the City’s portfolio.
4. Registered treasury notes or bonds of any of the other 49 states in addition to
California, including bonds payable solely out of the revenues from a revenue-
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producing property owned, controlled, or operated by a state, or by a department,
board, agency, or authority of any of these states that is rated in a rating category of
“A” or its equivalent or better by an NRSRO. Purchases of the obligations described
in this subdivision and in subdivision 3 (obligations of the State of California or any
local agency within the state) collectively may not exceed 30% of the City’s portfolio.
5. Bankers’ Acceptances with a rating of the highest ranking or highest letter and
number rating as provided for by an NRSRO. Purchases of bankers’ acceptances may
not exceed 180 days. No more than 40% of the City’s portfolio may be invested in
bankers’ acceptances.
6. Commercial Paper of “prime” quality of the highest ranking or of the highest letter
and number rating as provided for by a NRSRO. The entity that issues the commercial
paper must meet all of the following conditions in either paragraph a or paragraph b:
a. The entity meets the following criteria: (i) is organized and operating in the
United States as a general corporation, (ii) has total assets in excess of five
hundred million dollars ($500,000,000), and (iii) has debt other than
commercial paper, if any, that is rated in a rating category of “A” or its
equivalent or higher by an NRSRO.
b. The entity meets the following criteria: (i) is organized within the United States
as a special purpose corporation, trust, or limited liability company, (ii) has
program-wide credit enhancements including, but not limited to, over
collateralization, letters of credit, or surety bond, and (iii) has commercial
paper that is rated “A-1” or higher, or the equivalent, by an NRSRO.
Eligible commercial paper will have a maximum maturity of 270 days or less. No more
than 25% of the City’s portfolio may be invested in commercial paper. The City may
purchase no more than 10% of the outstanding commercial paper of any single issuer.
7. Negotiable Certificates of Deposit issued by a nationally or state-chartered bank, a
savings association or a federal association (as defined by Section 5102 of the
Financial Code), a state or federal credit union, or by a federally- or state-licensed
branch of a foreign bank. Eligible negotiable certificates of deposit (negotiable CDs)
shall be rated in a rating category of “A” for long-term, “A-1” for short-term, their
equivalents, or better by an NRSRO. No more than 30% of the City’s portfolio may be
invested in negotiable CDs.
8. Non-negotiable Certificates of Deposit (time CDs) in a state or national bank,
savings association or federal association, or federal or state credit union with a
branch in the State of California. In accordance with California Government Code
Section 53635.2, to be eligible to receive City deposits, a financial institution will have
received an overall rating of not less than “satisfactory” in its most recent evaluation
by the appropriate federal financial supervisory agency of its record of meeting the
credit needs of California’s communities. Time CDs are required to be collateralized
as specified under Government Code Section 53630 et seq. The City, at its discretion,
may waive the collateralization requirements for any portion that is covered by federal
Page 5 of 13
deposit insurance. The City will have a signed agreement with any depository
accepting City funds per Government Code Section 53649. No deposits will be made
at any time in time CDs issued by a state or federal credit union if a member of the
City Council or the Finance Director/Treasurer serves on the board of directors or any
committee appointed by the board of directors of the credit union. In accordance with
Government Code Section 53638, any deposit will not exceed that total shareholder’s
equity of any depository bank, nor will the deposit exceed the total net worth of any
institution.
9. Medium-Term Notes issued by corporations organized and operating within the
United States or by depository institutions licensed by the U.S. or any state and
operating within the U.S. Medium-term corporate notes will be rated in a rating
category “A” or its equivalent or better by a NRSRO. No more than 30% of the City’s
portfolio may be invested in medium-term notes.
10. Demand Deposits
11. Passbook Savings Accounts
12. Shares of beneficial interest issued by diversified management companies that
are money market funds registered with the Securities and Exchange Commission
under the Investment Company Act of 1940 (15 U.S.C. Sec. 80a-1, et seq.). To be
eligible for investment, money market funds must be managed with the goal of
maintaining a stable net asset value (NAV) per share of $1.00.
Further, to be eligible for investment pursuant to this subdivision these companies
(money market funds) will either: (i) attain the highest ranking or the highest letter and
numerical rating provided by at least two NRSROs or (ii) have retained an investment
advisor registered or exempt from registration with the Securities and Exchange
Commission with not less than five years of experience managing money market
mutual funds and with assets under management in excess of $500,000,000.
It is possible that a money market fund that is managed with the goal of maintaining a
stable NAV per share of $1.00 may be unable to maintain an NAV of $1.00 per share
due to market conditions or other factors. In such instances, the Finance
Director/Treasurer or his/her designee will perform a timely review and decide whether
to sell or hold the fund(s), subject to any restraints imposed by the money market
fund(s).
No more than 20% of the City’s investment portfolio may be invested in money market
funds. Further, no more than 10% of the City’s investment portfolio may be invested
in any one money market fund.
13. Mortgage passthrough security, collateralized mortgage obligation, mortgage-
backed or other pay-through bond, equipment lease-backed certificate,
consumer receivable passthrough certificate, or consumer receivable-backed
Page 6 of 13
bond of a maximum of five years' maturity. Securities eligible for investment under
this subdivision shall be issued by an issuer rated in a rating category of "A" or its
equivalent or better for the issuer's debt as provided by an NRSRO and rated in a
rating category of "AA" or its equivalent or better by an NRSRO and have a maximum
remaining maturity of five years or less. Purchase of securities authorized by this
subdivision may not exceed 20% percent of the City's investment portfolio.
14. Repurchase Agreements. Repurchase Agreements shall be used solely as short-
term investments not to exceed 30 days.
a. The City will enter into repurchase agreements only with primary government
securities dealers as designated by the Federal Reserve Bank of New York.
Repurchase agreements shall be governed by a SIFMA Master Repurchase
Agreement. All securities underlying repurchase agreements shall be
delivered to the City’s custodian bank, or be handled under a properly
executed “tri-party” custodial arrangement. Collateral for repurchase
agreements is restricted to U.S. Treasury issues or Federal Agency issues.
b. The underlying collateral must be at least 102% of the repurchase agreement
amount. If the value of securities held as collateral slips below 102% of the
value of the cash transferred, then additional cash or acceptable securities
must be delivered to the third party custodian. Market value shall be
recalculated each time there is a substitution of collateral. For repurchase
agreements with terms to maturity of greater than three days, the value of the
collateral securities shall be marked to market weekly by the custodian, and,
if additional collateral is required, then that collateral must be delivered within
two business days. If a collateral deficiency is not corrected within two days,
the collateral securities will be liquidated.
c. A perfected first security interest in the collateral securities, under the Uniform
Commercial Code, shall be created for the benefit of the City. Collateral
securities shall be held free and clear of any lien and shall be held by an
independent third party acting solely as an agent for the City, and such third
party shall be (i) a Federal Reserve Bank, or (ii) a bank which is a member of
the Federal Deposit Insurance Corporation and which has combined capital,
surplus, and undivided profits of not less than $50 million.
15. Local Agency Investment Fund (State Pool) an investment pool run by the State
Treasurer. The City can invest up to the maximum amount permitted by the State
Treasurer.
16. County Investment Fund (San Mateo County Pool)
17. Shares of beneficial interest issued by a joint powers authority (Local
Government Investment Pools or “Pool”) organized pursuant to Government Code
Section 6509.7 that invests in the securities and obligations authorized in subdivisions
(a) to (q) of California Government Code Section 53601, inclusive. Each share will
represent an equal proportional interest in the underlying pool of securities owned by
the joint powers authority. The Pool will be rated in a rating category “AAA” or its
Page 7 of 13
equivalent by a NRSRO. To be eligible under this section, the shares will maintain a
stable net asset value (NAV) and the joint powers authority issuing the shares will
have retained an investment adviser that meets all of the following criteria:
a. The adviser is registered or exempt from registration with the Securities and
Exchange Commission.
b. The adviser has not less than five years of experience investing in the
securities and obligations authorized in subdivisions (a) to (q) Government
Code Section 53601, inclusive.
c. The adviser has assets under management in excess of five hundred million
dollars ($500,000,000).
18. Guaranteed Investment Contracts (collateralized with Government Securities,
physically delivered to an acceptable safekeeping account.)
19. Supranationals which are United States dollar denominated senior unsecured
unsubordinated obligations issued or unconditionally guaranteed by the International
Bank for Reconstruction and Development (IBRD), International Finance Corporation
(IFC), or Inter-American Development Bank (IADB), with a maximum remaining
maturity of five years or less, and eligible for purchase and sale within the United
States. Investments under this subdivision shall be rated in a rating category of "AA"
or its equivalent or better by at least one NRSRO. No more than 30% of the City’s
investment portfolio may be invested in supranationals.
RESTRICTION ON INVESTMENT POLICIES AND CITY CONSTRAINTS
Section 53600 et. seq. of the State of California Government Code outlines the collateral
requirements for certain types of investments and also limits the percentage of total
investments which can be placed in certain classifications. Investments must meet the
time schedules as indicated by the cash flow projections of the City. Investments will be
purchased with the intent to hold until maturity, however this will not preclude the sale of
securities prior to maturity in order to reposition the portfolio’s duration, credit quality, or
enhance the rate of return.
INVESTMENT POOLS
The State pool and San Mateo County Pool invests in additional Government Code
authorized investments that are not approved for direct purchase by the Finance
Director/Treasurer. These pools shall provide a current investment policy and monthly
reports for review by the Finance Director/Treasurer. The Finance Director/Treasurer is
authorized to invest in these pools provided they reasonably appear to be in conformance
with their investment policies.
Page 8 of 13
MATURITY LIMIT
State law requires that the maturity of any given instrument should not exceed five years
unless specifically approved by City Council at least three months before the investment
is made.
INTERNAL CONTROL
The Finance Director/Treasurer is responsible for establishing and maintaining an internal
control structure designed to provide reasonable assurance that the assets of the City are
protected from loss, theft or misuse. The City Manager or designee shall arrange for an
annual audit by an external CPA firm in compliance with the requirements of state law
and generally accepted accounting principles as pronounced by the GASB
(Governmental Accounting Standards Board.) As part of the audit, investment
transactions will be tested. The annual audit will be an integral part, but not the sole part,
of management’s program of monitoring internal controls.
CUSTODY OF SECURITIES
All securities owned by the City, except time deposits and securities used as collateral for
repurchase agreements, will be kept in safekeeping by a third-party bank’s trust
department, acting as an agent for the City under the terms of a custody agreement
executed by the bank and the City.
All securities will be received and delivered using standard delivery versus payment
procedures.
PERFORMANCE STANDARDS
The City’s portfolio shall be structured to achieve a market-average rate of return through
various economic cycles, commensurate with the investment risk constraints and the
cash flow needs. The benchmark for “market-average rate” shall be the rate of return of
an appropriate market-based index which has a duration similar to that of the the City’s
portfolio, against which portfolio performance shall be compared on a regular basis.
Currently, the benchmark used for comparison purposes is the Bank of America Merrill
Lynch 1-5 year U.S. Treasury index.
REPORTING
The Finance Director/Treasurer will provide a quarterly investment report to the City
Council showing all transactions, type of investment, issuer, purchase date, maturity
date, purchase price, yield to maturity, and current market value for all securities.
Page 9 of 13
POLICY REVIEW
This Investment Policy will be reviewed at least annually to ensure its consistency with:
1. The California Government Code sections that regulate the investment and
reporting of public funds.
2. The overall objectives of preservation of principal, sufficient liquidity, and a
market return.
Approved by City Council on ____________
_________________________
Michael BrownriggDonna Colson, Mayor
_________________________
Lisa Goldman
City Manager
_________________________
Carol Augustine
Finance Director/Treasurer
ATTEST:
_____________________
Meaghan Hassel-Shearer
City Clerk
Page 10 of 13
Glossary
Asset Backed Securities (ABS) are securities backed by loans or receivables on assets
other than real estate. ABS can be secured by a variety of assets including, but not limited
to credit card receivables, auto loans, and home equity loans.
Bankers’ Acceptances are short-term credit arrangements to enable businesses to
obtain funds to finance commercial transactions. They are time drafts drawn on a bank
by an exporter or importer to obtain funds to pay for specific merchandise. By its
acceptance, the bank becomes primarily liable for the payment of the draft at maturity. An
acceptance is a high-grade negotiable instrument.
Broker-Dealer is a person or a firm who can act as a broker or a dealer depending on
the transaction. A broker brings buyers and sellers together for a commission. They do
not take a position. A dealer acts as a principal in all transactions, buying and selling for
his own account.
Certificates Of Deposit
1. Negotiable Certificates of Deposit are large-denomination CDs. They are issued
at face value and typically pay interest at maturity, if maturing in less than 12
months. CDs that mature beyond this range pay interest semi-annually. Negotiable
CDs are issued by U.S. banks (domestic CDs), U.S. branches of foreign banks
(Yankee CDs), and thrifts. There is an active secondary market for negotiable
domestic and Yankee CDs. However, the negotiable thrift CD secondary market is
limited. Yields on CDs exceed those on U.S. treasuries and agencies of similar
maturities. This higher yield compensates the investor for accepting the risk of
reduced liquidity and the risk that the issuing bank might fail. State law does not
require the collateralization of negotiable CDs.
2. Non-negotiable Certificates of Deposit are time deposits with financial
institutions that earn interest at a specified rate for a specified term. Liquidation of
the CD prior to maturity incurs a penalty. There is no secondary market for these
instruments, therefore, they are not liquid. They are classified as public deposits,
and financial institutions are required to collateralize them. Collateral may be
waived for the portion of the deposits that are covered by FDIC insurance.
Collateral refers to securities, evidence of deposits, or other property that a borrower
pledges to secure repayment of a loan. It also refers to securities pledged by a bank to
secure deposits. In California, repurchase agreements, reverse repurchase agreements,
and public deposits must be collateralized.
Commercial Paper is a short term, unsecured, promissory note issued by a corporation
to raise working capital.
Page 11 of 13
Demand Deposits are funds held that can be withdrawn at anytime without advance
notice to the institution holding the funds.
Duration is a measure of the sensitivity of the price of a security or a portfolio of securities
to a change in interest rates, typically stated in years.
Federal Agency Obligations are issued by U.S. Government Agencies or Government
Sponsored Enterprises (GSE). Although they were created or sponsored by the U.S.
Government, most Agencies and GSEs are not guaranteed by the United States
Government. Examples of these securities are notes, bonds, bills and discount notes
issued by Fannie Mae (FNMA), Freddie Mac (FHLMC), the Federal Home Loan Bank
system (FHLB), and Federal Farm Credit Bank (FFCB). The Agency market is a very
large and liquid market, with billions traded every day.
Guaranteed Investment Contracts (GIC) are contracts that guarantee principle
repayment after a certain period of time along with a predetermined interest rate.
Issuer means any corporation, governmental unit, or financial institution that borrows
money through the sale of securities.
Liquidity refers to the ease and speed with which an asset can be converted into cash
without loss of value. In the money market, a security is said to be liquid if the difference
between the bid and asked prices is narrow and reasonably sized trades can be done at
those quotes.
Local Agency Investment Fund (LAIF) is a special fund in the State Treasury that local
agencies may use to deposit funds for investment. There is no minimum investment
period and the minimum transaction is $5,000, in multiples of $1,000 above that, with a
maximum of $65 million for any California public agency. It offers high liquidity because
deposits can be converted to cash in twenty-four hours and no interest is lost. All interest
is distributed to those agencies participating on a proportionate share determined by the
amounts deposited and the length of time they are deposited. Interest is paid quarterly
via direct deposit to the agency’s LAIF account. The State keeps an amount for
reasonable costs of making the investments, not to exceed one-quarter of one per cent
of the earnings.
Local Government Investment Pools (LGIP) are investment tools similar to money
market funds that allow public entities to invest funds.
Market Value is the price at which a security is trading and could presumably be purchased
or sold.
Maturity is the date upon which the principal or stated value of an investment becomes
due and payable.
Page 12 of 13
Medium-Term Notes are debt obligations issued by corporations and banks, usually in
the form of unsecured promissory notes. These are negotiable instruments that can be
bought and sold in a large and active secondary market. For the purposes of California
Government Code, the term “Medium Term” refers to a maximum remaining maturity of
five years or less. They can be issued with fixed or floating-rate coupons, and with or
without early call features, although the vast majority are fixed-rate and non-callable.
Corporate notes have greater risk than Treasuries or Agencies because they rely on the
ability of the issuer to make payment of principal and interest.
Money Market Fund is a type of investment comprising a variety of short-term securities
with high quality and high liquidity. The fund provides interest to shareholders. Eligible
money market funds must strive to maintain a stable net asset value (NAV) of $1 per share.
Mortgage Backed Securities (MBS) or Mortgage Passthrough Securities are securities
that are backed cash flows from an underlying pool of mortgages.
Principal describes the original cost of a security. It represents the amount of capital or
money that the investor pays for the investment.
Repurchase Agreements are short-term investment transactions. Banks buy
temporarily idle funds from a customer by selling him U.S. Government or other securities
with a contractual agreement to repurchase the same securities on a future date at an
agreed upon interest rate. Repurchase Agreements are typically for one to ten days in
maturity. The customer receives interest from the bank. The interest rate reflects both the
prevailing demand for Federal Funds and the maturity of the Repo. Repurchase
Agreements must be collateralized.
Supranational entities Entities are formed by two or more central governments with the
purpose of promoting economic development for the member countries. Supranational
institutions finance their activities by issuing debt, such as supranational bonds. Examples
of supranational institutions include the European Investment Bank and the World Bank.
Similarly to the government bonds, the bonds issued by these institutions are considered
direct obligations of the issuing nations and have a high credit rating.
Total Return is the performance of a portfolio including interest income and any capital
appreciation or depreciation as a result of interest rate movements.
U.S. Treasury Issues are direct obligations of the United States Government. They are
highly liquid and are considered the safest investment security. U.S. Treasury issues
include:
1. Treasury Bills which are non-interest-bearing discount securities issued by the
U.S. Treasury to finance the national debt. Bills are currently issued in one, three,
six, and twelve month maturities.
2. Treasury Notes that have original maturities of one to ten years.
Page 13 of 13
3. Treasury Bonds that have original maturities of greater than 10 years.
Yield to Maturity is the rate of income return on an investment, minus any premium above
par or plus any discount with the adjustment spread over the period from the date of the
purchase to the date of maturity of the bond.
1
STAFF REPORT
AGENDA NO: 10b
MEETING DATE: June 3, 2019
To: Honorable Mayor and City Council
Date: June 3, 2019
From: Kathleen Kane, City Attorney – (650) 558-7204
Kevin Gardiner, Community Development Director – (650) 558-7255
Subject: Adoption of a Resolution Suspending CUP Timelines for 778 Burlway During
Evaluation of an Alternative Development Plan
RECOMMENDATION
Staff recommends that the City Council consider the adoption of a resolution suspending timelines
embedded in the October 2016 Conditional Use Permit (CUP) extension granted to the Enterprise
property located at 778 Burlway Road during the evaluation of an alternative development plan for
the site.
BACKGROUND and DISCUSSION
The subject property located at 778 Burlway Road has been occupied by a non-conforming car
rental use since 1985. The CUP under which this use is allowed has been modified over the years
and has been extended several times at the request of the applicant. In October 2016, the Council
granted a further extension of the CUP (see attached CUP conditions of approval). Anticipating a
move to the then-planned SFO Car Rental facility, Enterprise and the Council agreed to timelines
as well as escalating payments designed to offset the impacts of the non-conforming use and
incentivize redevelopment of the site in a manner consistent with the Bayfront Specific Plan.
Since that time, SFO has scrapped plans to build a consolidated car rental facility on its property.
Additionally, increased focus on the jobs-housing ratio on the San Francisco Peninsula has led to
less emphasis on intensive office development on the Bayfront. Given these changed conditions,
Enterprise approached the City with an alternative development plan for its site. The alternative
would involve consolidation of activities through the construction of a multi-story garage for car
storage, freeing up a portion of area for possible acquisition and redevelopment by the City. At a
study session held on April 15, 2019, the Council considered the alternative and gave direction to
the Mayor and staff to pursue further discussions.
If it is not suspended, the October 2016 CUP would impose escalating costs on Enterprise in
subsequent years. Given Council’s direction to pursue a possible alternative path and the time
needed to develop the concept, Enterprise seeks reassurance that the existing CUP timelines will
not be imposed during or immediately after the exploration phase. After consultation with
Enterprise, staff recommends a nine-month extension to the CUP timelines. The ongoing
payments called for in Paragraph 8 of the Conditions of Approval will continue during the extension.
Enterprise CUP Extension June 3, 2019
2
FISCAL IMPACT
This action will delay by nine months the increased payments anticipated under the existing
Enterprise CUP Extension. It may allow a negotiated alternative that is of equal or greater value to
the City.
Exhibits:
• Proposed Resolution
• October 2016 Conditions of Approval for CUP Extension
RESOLUTION NO. _______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME
SUSPENDING TIMELINES IN THE OCTOBER 2016 CONDITIONS OF APPROVAL
FOR THE 778 BURLWAY CONDITIONAL USE PERMIT EXTENSION
WHEREAS, the property at 778 Burlway Road has been used for car rental storage since
1985, which is a nonconforming use under the applicable specific plan; and
WHEREAS, a conditional use permit (CUP) allowing the use has been modified and
extended numerous times; and
WHEREAS, Council imposed conditions on the latest extension granted in October 2016,
some of which would impose timelines for submission and progress on redevelopment as well as
escalating payments to the City; and
WHEREAS, recognizing changed regional circumstances, at its April 15, 2019 meeting
Council directed that exploration and negotiations proceed for an alternative development
proposal submitted by Enterprise; and
WHEREAS, in order to pursue the alternative development proposal, a nine-month
extension on the deadlines and escalated payments contained in the 2016 extension is
appropriate.
NOW, THEREFORE, BE IT RESOLVED, that:
1. The redevelopment timelines and escalated payments described in Paragraph 2
subsections a-f of the 778 Burlway (Enterprise) CUP Extension Conditions, adopted
October 3, 2016, are each extended for a period of nine months.
2. All other terms and conditions of the 778 Burlway (Enterprise) CUP Extension
Conditions, adopted October 3, 2016, remain in full force and effect, including the
ongoing obligation to make payments as described in Paragraph 8 of the Extension
Conditions.
____________________________
Mayor
I, MEAGHAN HASSEL-SHEARER, City Clerk of the City of Burlingame, certify that the
foregoing Resolution was introduced at a regular meeting of the City Council held on the 3rd day
of June, 2019, and was adopted thereafter by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
____________________________
City Clerk
778 Burlway (Enterprise) CUP Extension Conditions (09/19/2016)
1. The project shall be built as shown on the plans submitted to the Planning Division and
date stamped January 3, 2003, sheets A0.1, A1.0, A1.1, A2.1, and A22.1, site plan, partial
site plan, second floor-administration, and building C floor plan, kiosk floor plan and
reflected ceiling plan;
2. This approval shall expire seven (7) years following City Council action on October 3, 2016
(expiration on October 3, 2023) at which time all said uses on the site shall cease. Within
ten (10) days of the date of approval of this conditional use permit extension, the applicant
shall pay the sum of $1,854,000 to the City of Burlingame as an offset to provide mitigation
for the negative impact the continued underutilization of the subject property for long-term
airport parking will have on the economic development potential in the City’s Bayfront
area. During the seven (7) year term of the conditional use permit extension, the applicant
shall be required to meet the following milestones and accompanying financial
contributions to the City to provide assurance that satisfactory progress is made towards
development of the site and in order to reduce future payments to the City for the use’s
negative economic impact:
a. By October 3, 2020, applicant shall identify a qualified developer team for
subsequent development of the property following cessation of the automobile
rental business. Additionally, a project description for reuse of the property
situated at 778 Burlway (project site) shall be submitted to the City that is in full
compliance with the land-use policies in the City’s General Plan and regulatory
requirements of the City’s Zoning Ordinance in place as of the stated date (with
such changes as may otherwise be requested in accordance with the Zoning
Ordinance procedures for variances, conditional use permits or the like).
Accompanying this project description shall be a conceptual site plan for the
proposed development. Within ten (10) days of completing all items required by
this milestone, the applicant shall remit a payment to the City in the amount of
$213,500;
b. By October 3, 2021 the applicant (and/or its selected developer) shall submit a
complete application seeking approval of all required land use entitlements for
development of the site to the Community Development Department – Planning
Division, including a traffic impact analysis of the development concept and
preliminary site analyses (e.g. Phase I site contamination analysis, geotechnical
report, etc.). Additionally, the applicant (and/or its selected developer) shall work
with the Planning Division staff to initiate analysis of the proposed development
pursuant to the provisions of the California Environmental Quality Act (CEQA) and
shall pay the City, in advance, for the City’s reasonably anticipated consultant
costs related to this analysis, subject to an agreed-upon procedure for future
reporting and adjustments for reimbursement of City consultant costs as such work
progresses. Within ten (10) days of completing all items required by this milestone,
the applicant shall remit a payment to the City in the amount of $213,500;
c. In advance of October 3, 2022 the developer shall work diligently with City staff
with the goal of ensuring that all required project entitlements are granted by the
City and the CEQA analysis is completed and adopted/certified by said date. In
the event the Community Development Director reasonably determines that the
entitlement review is delayed for reasons beyond the control of the applicant
(including City processing delays or administrative or judicial appeals), the
Community Development Director (after consultation with the City Manager and
778 Burlway (Enterprise) CUP Extension Conditions (09/19/2016)
City Attorney) shall adjust this compliance date appropriately to account for such
delay. Within ten (10) days after all required project entitlements are granted by
the City, the applicant shall remit a payment to the City in the amount of $213,500;
d. By October 3, 2023 (or if the CEQA analysis or entitlements are appealed judicially,
one year after the date that the project entitlements obtained under item 2c above
become final and unappealable), the applicant shall submit a completed building
permit application to the Community Development Department – Building Division.
Within ten (10) days of completing all items required by this milestone, the
applicant shall remit payment to the City in the amount of $213,500;
e. In the event that the applicant fails to meet any of the milestones stated in items
2a through 2d above, applicant shall remit $713,500 on October 3 of each year in
which the milestones set forth in this paragraph have not been met. Should
applicant come into compliance with the milestones, the required mitigation
payment shall be reduced from the date of compliance forward with no pro-rating
for prior periods of non-compliance.
f. In the event that applicant fails to make any of the required payments under
Section 2.a through 2.e when due and such failure continues for more than thirty
(30) days after written notice from City to applicant, the City may terminate the
applicant’s rights hereunder, upon which all obligations and rights of the parties
hereunder shall cease.
g. Applicant may terminate this CUP and the rights and uses authorized hereunder
by written notice to the City, which notice shall specify the effective date of
termination. Upon such termination, all future rights and obligations of applicant
under this CUP shall cease, including, without limitation, the authorized uses
hereunder and the obligation for future payments.
3. The car rental, maintenance and storage facility may be open for business from 6:00 a.m.
to 10:30 p.m., seven days a week, and that there shall be no more an 50 employees and
25 customers on-site at any one time;
4. There shall be a maximum of 600 cars stored on the site at any one time, this number
shall include cars that are on-site for maintenance and there shall be a maximum of 2 car
carriers on-site to deliver vehicles at any one time;
5. No trucks delivering or picking up cars at this site shall arrive or depart between 7:00 a.m.
and 9:00 a.m. or 4:00 p.m. and 6:00 p.m. daily, and all such deliveries shall be made on-
site with no impact on the public street or right-of-way;
6. The required number of handicap stalls for employees and/or customers shall be provided
and designated at 778 Burlway Road as per the California Building Code, 2001 edition,
and all employees shall be required to park in the 78 space employee parking lot in the
southwestern portion of the site, employee parking shall be designated and employee cars
shall have sticker identifying them as belonging to employees on-site;
7. All employee parking shall be provided 24 hours a day, seven days a week at the south
end of the site;
778 Burlway (Enterprise) CUP Extension Conditions (09/19/2016)
8. The car rental operation at this site shall pay to the City of Burlingame $36,500 per year;
the annual payment shall be payable in advance no later than April 30 of each year during
which this permit is in effect. When one percent (1%) of the total gross rental for any
vehicles for lease or rental originating from this site, whether those agreements are signed
in Burlingame or adjacent jurisdictions exceeds $36,500 during any calendar year, the
applicant shall then pay one percent of the total gross rentals to the City of Burlingame on
a quarterly basis for the duration of the permit; this amount shall be due and payable no
later than 30 days after the end of each calendar-year quarter. For purposes of this
condition, agreements for rental from San Francisco International Airport car rental facility
shall not be included in calculating the 1% payment to the City. In addition to making the
payments required by this condition (either annual/flat amount or quarterly), the car rental
operation shall file quarterly statements with the City of Burlingame Finance Department
documenting the number of vehicle rental agreements signed at the site per month during
the quarter on such forms as may be required by the City, and shall include a breakdown
of the monthly vehicle rentals from the 778 Burlway Road site. In addition, the City of
Burlingame shall accrue any sales tax revenue from rental contracts written in the City of
Burlingame. Whether paying a fixed fee or 1% of the gross rental rates, the car rental
operation on this site shall keep and preserve, for a period of three years, all records as
may be necessary to determine the rentals from which the one percent (1%) payment
calculation may be derived. Such records shall be available for delivery to the City for
review with fifteen (15) days after request therefore;
9. No cars shall be loaded, unloaded or stored on any public street, in any public right-of-
way, or in any public access area;
10. There shall be no intensification or changes of use of the subject property, except to
substitute a permitted use under applicable zoning, as the allowed use under these
provisions is non-conforming.
11. The fire lane from the east end of the site to Burlway Road shall be provided and
maintained, unobstructed, on a permanent basis as required by the Fire and Public Works
Department of the City of Burlingame;
12. The property owner shall be responsible for the maintenance of the public access trail and
improvements adjacent to the subject property for the life of the project and shall be
liable for any damage caused to the public for failure to maintain these facilities to a safe
standard, and further that the property owner shall seek Bay Conservation and
Development Commission approval for redesigning the narrowest existing section of the
trail and replacing and expanding the pavement in this area;
13. The property owner shall install and maintain on a regular basis as prescribed by the city’s
NPDES inspector, petroleum filter pillows in all parking lot catch basins throughout the
site, that all water used for washing cars on site shall be recycled by a method approved
by the City Engineer, and that failure to install these systems within 90 days of approval
of this use permit amendment or failure to maintain the effectiveness of these systems on
an on-going basis shall cause this conditional use permit to be review by the Planning
Commission; and
14. Any improvements for the use shall meet all California Building and Fire Code, 2010
edition as amended by the City of Burlingame.
778 Burlway (Enterprise) CUP Extension Conditions (09/19/2016)
15. At all times during the operation of the facility and, in particular, after cessation of the use,
the property shall be maintained in a clean and orderly manner consistent with all
applicable provisions of the Burlingame Municipal Code.
1
Memorandum
AGENDA NO: 11a
MEETING DATE: June 3, 2019
To: City Council
Date: June 3, 2019
From: Mayor Donna Colson
Subject: Committee Report
May 21, 2019
Interviews with RHAA and Urban Field regarding the Post of Plaza - both excellent candidates.
Staff will be following up.
Bayfront property owners lunch to update them on Sea Rise Burlingame initiative. Hotels very
interested in the work we are doing and had several suggestions.
May 22, 2019
• PenTV update and interview
• Introduction to the Peninsula Series
• Dropped by Filoli for the Peninsula Division Lunch
• Thank you Emily for the Girls Scout Troop visit
May 23, 2019
Presentation HFA
Developing Neighborhood Support for New Homes
Introduction - New CGAG information about SMC housing - since HFA in 2015 have had over
23,000 units of housing of which 5,000 units are affordable.
• Elaine Breeze -
o Understand existing conditions, and establish the baseline.
o The neighbors will also know the patterns better than you, so listen.
o Try to design appropriate mitigation efforts based on that input.
o Share parking trends to inform the neighbors
o Local context - parking occupancy surveys to show real-time data for traffic
congestion - make a similar comparison so the neighbors understand.
• Ann Change - Transform - Working on the nexus of housing and land use transportation.
o Create more homes with less traffic - goal is 50,000 new homes $2.5 billion saved
on construction with reduced parking. $50,000 for one car parking space.
o Free transit pass is $770 per year
o Database.greenshare.org - real time and could find actual project
Colson Committee Report June 3, 2019
2
o GreenTrip Certified projects with zero parking required and subsidize by developer
for bike, transit, etc. so that project can move forward.
o GreenTrip Connect Tool - http://ConnectGreenTRIP.org to determine how to build
with fewer parking spots and save money as well as cut GHG and so how do we do
this. Credible and easy to use.
• Surlene Grant - Community relations and outreach for housing and other such projects -
called in to find a way to present the project to a community. Bridge builder between
project sponsor and the community.
o Discuss why is this needed and conversational - how are we doing this? Who is
doing this and why?
o No focus on the developer, but more on the shared vision.
o ID key stakeholders and why/how = find the longest termed neighbor
o Who is the leader - school community, etc.
o Accessible, translation services and go to where people are!
o Make meeting inclusive!
o First meeting is to education and is around language.
o Be mindful of how you are presenting and what you look/sound like.
• Emily Beach - City of Burlingame
o Village at Burlingame - Overview of the project and how we managed it.
• Lunch with SMUSHD trustee Marc Friedman - update on school and district.
PCE Board Meeting
May 23, 2019
• CEO Update - working with Merced to help them start a new CCA. Targeting bc this is
where Wright Solar is located.
• AB 56 OPPOSE - Replaces existing rules for backstop procurement of resource adequacy
and renewable resources. Ting, Mullin, Berman
• CAC Report - Encourage people to work with staff to join the Reach Codes work and also
concern from Affordable Developers about meeting the green code standards and the costs.
Burlingame was the first team to do so in the county.
• Looking to retain ACES for RA counter-party to aggregate and pool net open positions,
issue solicitations, respond to solicitations, negotiate bi-lateral transactions, report to CCA
procurement and can help with contract management. $650,000 for three years, and
included a buffer and then share costs, so we have target of four CCA - PCE portion is
about 1/4 or so depending on how many CCAs contract out.
• Budget - Had a 4Q negative variance to budget. Had increase in spot prices, had pipeline
closure, we had double hit - hedged contracts that did not role over and had uncovered
position until March so had some exposure. Our scheduled load was higher than actual
load and so bought at hire prices and sold back at lower prices - created negative arbitrage
situation. Timing of RECS (Renewable Energy Credits) hard to plan. Participation is ECO
100 was higher than budgeted as people updated up. AB1110 moved us to another level of
PCC1 - PCC2 and that cost additional funding. This is a Green House Gas requirement - If
you are getting PCC2 out of state and if it comes in at a different time than use - we get
assigned the GHG content of whatever the GRID mix is that is delivered.
• Future 2019/20 Budget
o Rates - One time rate change on Jan 1 - 2020
o Energy - Estimates Rates - substantially higher next year
Colson Committee Report June 3, 2019
3
o Expenses - Shown based on this year cost plus new items - programs, personnel
will be higher ... Data Manager Fees and Services Fees with PG&E, professional
services up a bit, legal and legislative will increase, communications and outreach
up, more grants and rollouts of energy dashboard to school districts in county,
general and administrative up about 20% with growth, community energy programs
also increasing
o Program Information - EV pilots - rebates, SAMTRANS electrification for EV
buses and working with them so that when they do charging we do not have spikes
in demand during charging, MUD EV pilots, Reach Codes, Community Pilots,
o Growth 19 to 31 - Increase of 12 people
• Direct Access - PCE operates month-to-month with service agreement with all customers.
PCE is facing increased competition from DA - providers of SB237 goes into effect phased
in over two years. This change has not been reflected in the contract. Potential cost for 5
years - $2.5 million in annual revenues and up to $12.5 M in reduced revenues over 5 years
if top 20 clients sign up. Top 20 clients represent 20% of of total sales. About 500 GWh
annually if top 20 customers participate
May 24, 2019
• Two Housing phone calls for ABAG and Leadership presentations
• Ribbon Cutting at Village Park for the solar installation!
May 29, 2019
• Badge pinning and congratulations to our new recruits and promotions.
1
Memorandum
AGENDA NO: 11b
MEETING DATE: June 3, 2019
To: City Council
Date: June 3, 2019
From: Vice Mayor Emily Beach
Subject: Committee Report
Thursday, 5/2/19
• Conversations with Council for Seniors with Ricardo Ortiz
• San Mateo County Transportation Authority Meeting
o Reviewed preliminary budget for FY 2019-20
o Received briefing on US 101 Managed Lanes north of 380
Considers potential SF Managed lane all the way downtown and San Mateo
project
Won’t eliminate minimum footprint or maximum footprint alternatives until
environmental study further along
Decision to proceed with study collectively with SF or just San Mateo
County will happen during environmental phase
Saturday, 5/4/19
• BSD Safe Routes to Schools Bike Warrior Rodeo
Sunday, 5/5/19
• Stronger Together Ceremony: Community Gathering for Hope and Healing at the
Peninsula Jewish Community Center, Foster City in response to recent hate crimes
Monday, 5/5/19
• Peninsula Art Museum Congressional Art Competition with Jackie Speier
• City Council Meeting
Tuesday, 5/7/19
• McKinley Founders Day Reception at Burlingame Womans Club
Wednesday, 5/8/19
• Economic Development Subcommittee
o Focus on upcoming commercial recreation zoning with Council
• Rotary Luncheon
• Council Budget Session
Thursday, 5/9/19
• Bay Area Bike to Work Day energizer station at Burlingame Caltrain Station (thank you
CEC volunteers and Proterra for sponsoring!)
Beach Committee Report June 3, 2019
2
Friday, 5/10/19
• Home for All Affordable Housing Week celebration
Saturday, 5/11/19
• Opening of 988 Howard Ave
Monday, 5/13/19
• League of California Cities Executive Board Meeting
Wednesday, 5/15
• Peninsula Family Services Future of Clean Transportation and Energy Forum
• Rotary Club of Burlingame luncheon
Thursday, 5/16/19
• Ramadan Open House at Yaseen Foundation Community Center Burlingame
Friday, 5/17/19
• Monthly meeting with City Manager
Saturday, 5/18/19
• Sierra Club Climate Action Leadership Forum
• Jackie Speier’s Town Hall: affordable housing & opportunities with faith communities
(land) and Peninsula Health Care District Wellness Community
Monday, 5/20/19
• C/CAG Congestion Management and Environmental Quality Committee
o Discussed MTC’s regionally significant project list (Grade Separations will be
listed in different category) will allow cities to add more projects during next 2
weeks for consideration
o Discussed US 101 Managed Lane north of 380
• City Council Meeting
Wednesday, 5/22/19
• League of California Cities Peninsula Division Quarterly Meeting
o Discussion of small cell technology; limitations on local control
o Highlighted how San Jose leverages approvals with community benefits (expand
digital access to communities of concern)
• Hosted Girl Scout Troop from McKinley at City Hall with Mayor Colson
Thursday, 5/23/19
• Home for All Panel: Bridging the Gap between the Project and the Neighborhood (parking,
voice of neighborhood interests, listening to community)
• Village at Burlingame: community engagement, and addressing neighbors’ concerns and
interests during approval stage
Friday, 5/24/19
• US 101 Express Lane Ad Hoc Committee (final) before JPA formation in June
o Finalized JPA agreement and Board Members for San Mateo Express Lanes JPA
(I’m appointed)
Beach Committee Report June 3, 2019
3
o Discussion of future by-laws; decisions for June meeting
• Village Park solar ribbon cutting
Wednesday, 5/29/19
• Badge pinning celebration: seven police officers at City Hall