HomeMy WebLinkAboutAgenda Packet - CC - 2018.01.02City Council
City of Burlingame
Meeting Agenda - Final
BURLINGAME CITY HALL
501 PRIMROSE ROAD
BURLINGAME, CA 94010
Council Chambers7:00 PMTuesday, January 2, 2018
STUDY SESSION - 6:00 p.m. - Council Chambers
Solid Waste Ratesa.
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
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.
Page 1 City of Burlingame Printed on 12/28/2017
January 2, 2018City Council Meeting Agenda - Final
Adoption of City Council Meeting Minutes December 18, 2017a.
Meeting MinutesAttachments:
Confirmation of the Mayor's Council Assignments for 2018b.
Staff Report
Council Assignments
Attachments:
Adoption of Resolutions Awarding a Construction Contract to EPS Inc ., dba Express
Plumbing, for the Easton Addition, Ray Park, and Neighborhood Sewer Rehabilitation
Project Phase 3, City Project No. 84192, and Approving a Professional Services
Agreement with Bellecci & Associates for the Construction Management Services
Related to the Project
c.
Staff Report
Resolution Awarding the Construction Contract
Resolution Approving Professional Services Agreement
Bid Summary
Construction Contract
Professional Services Agreement
Project Location Map
Attachments:
Adoption of a Resolution Authorizing the City Manager to Execute Agreements with the
California Department of Tax and Fee Administration (CDTFA) for Implementation and
Administration of Burlingame ’s Local Transactions and Use Tax; and Adoption of a
Resolution Identifying Individuals Authorized to Examine Confidential Records of the
CDTFA Pertaining to the Transactions and Use Taxes Collected Pursuant to Those
Agreements
d.
Staff Report
Resolution to Authorize Agreements
Resolution Authorizing Access
Attachments:
Authorization to Contract with Hinderliter, de Lamas and Associates for Transaction Tax
Audit and Information Services; and Adoption of a Resolution Authorizing Examination of
the State Department of Tax and Fee Administration ’s Sales, Use and Transactions Tax
Records
e.
Staff Report
Resolution
Agreement
Attachments:
9. PUBLIC HEARINGS (Public Comment)
10. STAFF REPORTS AND COMMUNICATIONS (Public Comment)
Page 2 City of Burlingame Printed on 12/28/2017
January 2, 2018City Council Meeting Agenda - Final
Adoption of a Resolution Authorizing the City Manager to Execute an Amendment to the
Agreement with Fung Collaboratives and Approve an Additional General Fund
Appropriation in the Amount of $13,833
a.
Staff Report
Resolution
Amendment to the Agreement
Attachments:
Update Regarding Home for All Community Engagement Pilot Programb.
Staff ReportAttachments:
Consideration of Appointments to the Traffic, Safety & Parking Commissionc.
Staff ReportAttachments:
Consideration of an Appointment to the Storm Drain Measure Oversight Committeed.
Staff ReportAttachments:
Discussion of the Composition and Scope of Responsibilities for the Measure I Oversight
Committee and Determination of a Preferred Selection Process
e.
Staff Report
South San Francisco Oversight Committee Bylaws
Santa Rosa Measure O Citizen Oversight Committee
Attachments:
Adoption of a Resolution Authorizing the City Manager to Execute an Agreement for
Professional Services with MIG for the Development of a Parks Master Plan
f.
Staff Report
Resolution
Agreement for Professional Services with MIG
Attachments:
Adoption of a Resolution Authorizing the City Manager to Execute an Agreement with
Burlingame Youth Baseball Association for Use of City -Owned Fields For Recreational
Baseball Use, Concession Sales, and Storage
g.
Staff Report
Resolution
Draft Agreement
Attachments:
11. COUNCIL COMMITTEE AND ACTIVITIES REPORTS AND ANNOUNCEMENTS
Councilmembers report on committees and activities and make announcements.
12. FUTURE AGENDA ITEMS
Page 3 City of Burlingame Printed on 12/28/2017
January 2, 2018City 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 - Tuesday,
January 16, 2018
VIEW REGULAR COUNCIL MEETING ONLINE AT WWW.BURLINGAME.ORG - GO TO
"CITY COUNCIL VIDEOS"
Any writings or documents provided to a majority of the City Council regarding any item on this agenda
will be made available for public inspection at the Water Office counter at City Hall at 501 Primrose
Road during normal business hours.
Page 4 City of Burlingame Printed on 12/28/2017
Agenda Item 8a Meeting Date: 1/2/18
Burlingame City Council December 18, 2017
Unapproved Minutes
1
BURLINGAME CITY COUNCIL
Unapproved Minutes
Regular Meeting on December 18, 2017
1. CALL TO ORDER
A duly noticed regular meeting of the Burlingame City Council was held on the above date in the City Hall
Council Chambers.
2. PLEDGE OF ALLEGIANCE TO THE FLAG
The pledge of allegiance was led by Farris Horak.
3. ROLL CALL
MEMBERS PRESENT: Beach, Brownrigg, Colson, Keighran, Ortiz
MEMBERS ABSENT: None
4. REPORT OUT FROM CLOSED SESSION
There was no closed session.
5. UPCOMING EVENTS
Mayor Ortiz reviewed the upcoming events taking place in the City.
6. PRESENTATIONS
a. PUBLIC SAFETY AND EMERGENCY PREPAREDNESS VOLUNTEERS APPRECIATION
Central County Fire Department (“CCFD”) Chief Kammeyer discussed the work that his crews did during
the North Bay fires. He thanked his team for their hardwork and dedication to the community and thanked
the City Council for recognizing CCFD’s efforts.
Mayor Ortiz recognized the following firefighters for their tireless efforts fighting the North Bay fires: Fire
Marshal Rocque Yballa, Battalion Chief Craig Latham, Captain Pat Murphy, Captain John Tsivikas, Captain
Dave Turchet, Captain Gus Rueb, Firefighter Herman Barahona, Firefighter Ron Novelli, Firefighter Lukas
Agenda Item 8a Meeting Date: 1/2/18
Burlingame City Council December 18, 2017
Unapproved Minutes
2
Kirby, Firefighter Jon Hutchison, Firefighter Scott Stacey, Firefighter Fernando Nunez, Firefighter Chris
Wettstein, and Firefighter Ron Hunt. Many of the firefighters were not able to attend the meeting as they
were in Southern California assisting with the fires.
Next, Police Chief Wollman discussed his officers’ work during the North Bay fires and talked about the
camaraderie between law enforcement and fire departments during times of need.
Mayor Ortiz recognized the following police officers for their efforts to keep people and property safe during
the North Bay fires: Officer Robert Cissna, Officer Ben Filice, Inspector Michael Bolanos, and Officer
Cheyanne Green.
Mayor Ortiz also recognized the following residents from the Burlingame Neighborhood Network for
hosting a successful Citywide Emergency Drill and partnering with the City to build community resilience;
Kathy Schmidt, Suzanne Tateosian, Holly Daley, Rik Kasuga, Erika James, Anne Hinkle, and Terry Nagel.
Police Chief Wollman presented the Burlingame Neighborhood Network with some of the Police
Department older, still-working radios to further assist their program.
Thank you to CCFD, BPD, and the Burlingame Neighborhood Network for your hardwork and dedication to
the community.
7. PUBLIC COMMENT
Burlingame resident Jennifer Pfaff thanked Mayor Ortiz for his leadership and service as Mayor over the
past year.
8. CONSENT CALENDAR
Mayor Ortiz asked the Councilmembers and the public if they wished to remove any item from the Consent
Calendar. Councilmember Beach pulled item 8c.
Councilmember Keighran made a motion to adopt 8a, 8b, 8d, 8e and 8f; seconded by Vice Mayor
Brownrigg. The motion passed unanimously by voice vote, 5-0.
a. ADOPTION OF CITY COUNCIL MEETING MINUTES DECEMBER 4, 2017
City Clerk Hassel-Shearer requested Council adopt the City Council Meeting Minutes of December 4, 2017.
b. ADOPTION OF A RESOLUTION AWARDING A CONTRACT TO DUKE’S ROOT
CONTROL, INC., FOR THE SANITARY SEWER ROOT CONTROL PROGRAM
DPW Murtuza requested Council adopt Resolution Number 133-2017.
Agenda Item 8a Meeting Date: 1/2/18
Burlingame City Council December 18, 2017
Unapproved Minutes
3
c. ADOPTION OF A RESOLUTION APPROVING A PROFESSIONAL SERVICES
AGREEMENT WITH ALTA PLANNING + DESIGN, INC., FOR THE ENGINEERING
DESIGN OF THE 2018 STREET RESURFACING PROJECT, CITY PROJECT NO. 84810;
AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT
DPW Murtuza requested Council adopt Resolution Number 134-2017.
Councilmember Beach explained that 8c concerned awarding an agreement to Alta Planning + design, Inc.
for street resurfacing in 2018. She asked if members of the public, TSP Commission, and BPAC would have
a meaningful opportunity to provide input on the design before it gets too far along in the process. DPW
Murtuza replied in the affirmative stating that staff always seeks public input.
Mayor Ortiz opened the item up for public comment. No one spoke.
Councilmember Beach made a motion to adopt Resolution Number 134-2017; seconded by Councilmember
Keighran. The motion passed unanimously by voice vote.
d. ADOPTION OF A RESOLUTION ACKNOWLEDGING THE RECENT
REORGANIZATION OF SALES AND USE TAX ADMINISTRATION SERVICES FOR
PURPOSES OF CONTRACTING WITH THE NEW CALIFORNIA DEPARTMENT OF
TAX AND FEE ADMINISTRATION
Finance Director Augustine requested Council adopt Resolution Number 135-2017.
e. ADOPTION OF A RESOLUTION DECLARING THE RESULTS OF THE MUNICIPAL
ELECTION HELD ON NOVEMBER 7, 2017
City Clerk Hassel-Shearer requested Council adopt Resolution Number 136-2017.
f. ADOPTION OF THE 2018 CITY COUNCIL CALENDAR
City Clerk Hassel-Shearer requested Council adopt the 2018 City Council Calendar.
9. PUBLIC HEARINGS
There were no public hearings.
10. STAFF REPORTS AND COMMUNICATIONS
There were no staff reports.
11. COUNCIL COMMITTEE AND ACTIVITIES REPORTS AND ANNOUNCEMENTS
Agenda Item 8a Meeting Date: 1/2/18
Burlingame City Council December 18, 2017
Unapproved Minutes
4
Mayor Ortiz asked Council if they would forgo reviewing their committee and activities report in order to
proceed with the installation and rotation of Councilmembers. The Council agreed.
12. FUTURE AGENDA ITEMS
No items were suggested.
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. CEREMONIAL
a. INSTALLATION AND ROTATION OF COUNCILMEMBERS
Mayor Ortiz began by recognizing State Senator Jerry Hill, Supervisor Dave Pine, SMUHSD trustee member
Greg Land, Hillsborough Mayor Marie Chuang, Hillsborough Councilmember Jay. Benton, former
Burlingame Mayors Terry Nagel, Cathy Baylock, and Jerry Deal, former Councilmember John Root, and
many of the Burlingame Commissioners that were in attendance.
Next, Vice Mayor Brownrigg, Councilmember Keighran, and Mayor Ortiz were sworn in to each serve five-
year terms. Vice Mayor Brownrigg was sworn in by his daughter Grace, son Peter, and wife Marty.
Councilmember Keighran was sworn in by her daughter Kate Rose. Mayor Ortiz was sworn in by State
Senator Jerry Hill.
Mayor Ortiz reviewed the Council’s past year including their successful negotiations with TopGolf. He
thanked staff for their hard work and recognized their accomplishments. He also thanked his colleagues,
Burlingame commissioners, and community members. Lastly, he discussed challenges that the City faces
and that the Council needs to work on in the coming years including: the Broadway grade separation and
creating affordable housing.
Mayor Ortiz explained how the Council’s rotation worked. He stated that in 1999, the Council adopted a
formal rotation procedure to ensure that each councilmember will become mayor in a routine, pre-established
order. With that, he introduced Donna Colson as the new Vice Mayor and Michael Brownrigg as the new
Mayor.
Mayor Brownrigg presented Mayor Ortiz with a plaque to thank him for his year of work as Mayor.
Mayor Brownrigg began by thanking staff for their hard work. He discussed the issues that the City is facing
in the coming years including: how the City will use Measure I tax funds; addressing El Camino Real’s
Agenda Item 8a Meeting Date: 1/2/18
Burlingame City Council December 18, 2017
Unapproved Minutes
5
infrastructure needs; addressing State housing legislation; focusing on density and traffic issues in the Lyon
Hoag neighborhood; and providing affordable housing in the community.
15. ADJOURNMENT
Mayor Brownrigg adjourned the meeting at 8:02 p.m. in memory of San Francisco Mayor Ed Lee, former
Belmont Mayor Eric Reed, and Fr. Flavian Welstead.
Respectfully submitted,
Meaghan Hassel-Shearer
City Clerk
1
STAFF REPORT
AGENDA NO: 8b
MEETING DATE: January 2, 2018
To: Honorable Mayor and City Council
Date: January 2, 2018
From: Meaghan Hassel-Shearer, City Clerk – (650) 558-7203
Subject: Confirmation of the Mayor’s Council Assignments for 2018
RECOMMENDATION
Staff recommends the City Council review, make changes if necessary, and approve the Mayor’s
Council assignments for 2018.
Exhibit:
• 2018 Council Assignments
CITY OF BURLINGAME
2018 COUNCIL ASSIGNMENTS – Revised 1/02/18
Committee Schedule Bold names are
members, alternates in
parentheses.
1 ABAG – City Delegate Annually Ortiz (Colson)
2 Airport Land Use Commission
(NB: C/CAG subcomm.)
Quarterly meetings held at
Burlingame City Hall
Ortiz (Brownrigg)
3 Airport Round Table Meets quarterly on 1st
Wednesday each month, 7 p.m.
Ortiz (Brownrigg)
4 Audit Committee Meets 2-3 times per year,
including once in December
Ortiz & Colson
5 Anson Burlingame Art Committee Meets as needed Brownrigg & Beach
6 Bay Area Water Supply and
Conservation Agency (BAWSCA)
Meets 3rd Thursday of every
other month, starting January
O'Mahony
7 Caltrain Modernization Policymaker
Group
Monthly Beach (Ortiz)
8 Central County Fire Board 6 times a year
(NOTE: Minimum 2-year terms.
Brownrigg joined Dec. 2011,
Ortiz appointed January 2018)
Brownrigg & Ortiz
9 Chamber of Commerce Liaison 2nd Tuesday of each month,
noon-1:30 p.m.
Brownrigg & Colson
10 City/County Association of
Governments (C/CAG)
2nd Thursday of each month,
6:30 p.m.
Ortiz (Beach)
11 City/Schools Liaison Committee 3 times a year, usually
midweek at 9 a.m.
Colson & Ortiz
12 Commute.org (formerly called
Peninsula Congestion Relief Alliance)
Every other month on Tuesday
or Thursday at 8 a.m.
Beach (Keighran)
13 Dog Park Advisory Group
As needed Keighran & Colson
14 Post Office / Town Square Advisory
Group
As needed Brownrigg & Colson
15 Economic Development
Subcommittee
2nd Wednesday of the month,
8:30 a.m.
Beach & Colson
16 El Camino Subcommittee As needed Brownrigg & Beach
17 Emergency Services Council
(quarterly)
3rd Thursday in January, April,
June and September, 5:30 p.m.
at Hall of Justice in Redwood
City
Beach (Keighran)
18 Advanced Life Services (Ambulance)
JPA
On the 3rd Wednesday of
January, May and September,
at 6 p.m.
Beach (Ortiz)
19 Grand Boulevard Task Force Quarterly, 10 a.m.-noon,
location varies
Beach (Brownrigg)
20 Housing Endowment and Regional
Trust (HEART)
Quarterly on Wednesdays at 3
p.m.
Colson (Ortiz)
21 Parks Master Plan Committee Ortiz & Beach
22
Peninsula Cities Consortium Quarterly, 8:15 a.m. (location
rotates among 6 cities)
Ortiz (Keighran)
23 Peninsula Clean Energy (PCE) 4th Thursday of every month , 7
p.m. at 400 Harbor Boulevard,
Belmont
Colson (Brownrigg)
24 Home For All
Monthly Colson & Keighran
25 South Bay Waste Management
Authority
Quarterly, 2 pm, Thursdays Brownrigg (Keighran)
MEMBERS ELECTED/APPOINTED NOT BY THE MAYOR
26 Peninsula Health Care District Long
Term Planning Committee
6 times a year, generally
Tuesday evenings
Brownrigg & Ortiz
ALL COUNCILMEMBERS MAY ATTEND THE FOLLOWING MEETINGS
27 Peninsula Division League of
California Cities
4 dinner meetings per year,
plus January reception for
newly elected council members
All
28 Council of Cities Usually 4th Friday of month,
rotating city
All
1
STAFF REPORT
AGENDA NO: 8c
MEETING DATE: January 2, 2018
To: Honorable Mayor and City Council
Date: January 2, 2018
From: Syed Murtuza, Director of Public Works – (650) 558-7230
Subject: Adoption of Resolutions Awarding a Construction Contract to EPS Inc.,
dba Express Plumbing, for the Easton Addition, Ray Park, and
Neighborhood Sewer Rehabilitation Project Phase 3, City Project No.
84192, and Approving a Professional Services Agreement with Bellecci &
Associates for the Construction Management Services Related to the
Project
RECOMMENDATION
Staff recommends that the City Council adopt the attached resolutions as follows:
(1) Award a construction contract to EPS Inc., dba Express Plumbing, for the Easton
Addition, Ray Park, and Neighborhood Sewer Rehabilitation Project, Phase 3, in the
amount of $1,374,729, and authorize the City Manager to execute the same; and
(2) Approve a professional services agreement with Bellecci & Associates in the amount of
$163,727 for construction management services related to the project, and authorize the
City Manager to execute the same.
BACKGROUND
The Easton Addition, Ray Park, and Neighborhood Sewer Rehabilitation Project is part of overall
sanitary sewer improvements in high-priority neighborhood areas identified in the 2010
Wastewater Collection System Master Plan. These areas are known to have high infiltration and
inflow of groundwater and storm water into the system due to the age and dilapidated conditions
of the pipelines. Phase 1 was successfully completed in June 2017, while Phase 2 is anticipated
to be completed in January 2018. Easton Addition, Ray Park, and Neighborhood Sewer
Rehabilitation Project Phase 3 consists of rehabilitation of approximately 2,800 linear feet of
sewer mains within the Easton Addition No. 7 Subdivision. The project also includes replacement
and rehabilitation of 20 sewer manholes, and reconstruction of approximately 1,500 linear feet of
sanitary sewer laterals.
DISCUSSION
Construction Contract
The project was advertised for bids on November 28, 2017. The sealed bids were opened on
December 19, 2017, and two bid proposals were received, with base bids ranging from
Construction Contract and Professional Services for the Easton Addition, January 2, 2018
Ray Park, and Neighborhood Sewer Rehabilitation Project Phase 3, City Project No. 84192
2
$1,220,089 to $1,538,000. EPS Inc. is the lowest responsible bidder with its base bid amount of
$1,220,089, which is approximately 27.8% ($468,901) below the engineer’s estimate of
$1,688,990. Staff has reviewed the contractor’s proposal, and the contractor has met all the
project requirements. The contractor has a track record of successfully performing similar work
for neighboring public agencies. Additionally, due to the favorable bid, staff recommends
including Alternate Bid A in the award of the contract, for a total contract award amount of
$1,374,729.
Professional Services Contract
In February 2017, staff issued a Request for Proposals (RFP) for construction management and
inspection services. The City received eight proposals, and interviewed four of the top qualified
consultant firms. Based on the results of the interviews, Bellecci & Associates was selected as
the most qualified firm based on their experience with and knowledge of trenchless construction
methods; construction within narrow easements; and having successfully completed similar
projects. Staff has negotiated the following scope of professional services with Bellecci &
Associates for construction management and inspection services in the amount of $163,727:
• Review, process, and approve pre-construction project drawings and submittals;
• Attend and manage pre-construction meetings between the City and Contractor;
• Review and advise the City on Contractor’s overall and weekly construction schedule;
• Perform daily construction inspection and provide construction management services for
110 construction working days;
• Prepare daily written construction reports and photographic records of the project;
• Attend weekly construction progress meetings, perform necessary field engineering work,
and perform independent quality assurance assessments;
• Perform project close out inspections and develop final punch list;
• Review and respond to requests for information and requests for contract change orders;
and process construction progress payments;
• Negotiate claims, liquidated damages, and final payment; and
• Prepare final project recording drawings.
The professional services fee amount represents approximately 11.9% of the estimated
construction cost. The fee amount is consistent with industry standards for construction
management and inspection services based on the scope and complexity of the project involving
various methods of pipeline installation. The project construction is anticipated to begin in March
2018 and is expected to be completed by September 2018 barring no construction delays.
FISCAL IMPACT
Estimated Project Expenditures
The following are the estimated project construction expenditures:
Construction Contract and Professional Services for the Easton Addition, January 2, 2018
Ray Park, and Neighborhood Sewer Rehabilitation Project Phase 3, City Project No. 84192
3
Construction Contract $1,374,729
Construction Management and Inspection $163,727
Construction Contingency 15% $230,770
Contract Administration $140,774
Total $1,910,000
Funding Availability
There are adequate funds available in the Sewer Capital Improvement Program to complete the
project.
Exhibits:
• Resolution Awarding the Construction Contract
• Resolution Approving the Professional Services Agreement
• Bid Summary
• Construction Contract
• Professional Services Agreement
• Project Location Map
RESOLUTION NO. _______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME
AUTHORIZING THE CITY MANAGER TO EXECUTE A CONSTRUCTION
CONTRACT FOR THE EASTON ADDITION, RAY PARK AND NEIGHBORHOOD
SEWER REHABILITATION PROJECT PHASE 3 TO
EPS Inc.
CITY PROJECT NO. 84192
WHEREAS, on November 28, 2017, the City issued notice inviting bid proposals for the
Easton Addition, Ray Park, and Neighborhood Sewer Rehabilitation Project Phase 3, City
Project No. 84192; and
WHEREAS, on December 19, 2017 all proposals were received and opened before the
City Clerk and representatives of the Public Works Department; and
WHEREAS, EPS Inc., submitted the lowest responsible bid for the job in the amount of
$1,374,729.
NOW, THEREFORE, be it RESOLVED, and ORDERED, that the Plans and
Specifications, including all addenda, are approved and adopted; and
BE IT FURTHER RESOLVED that the bid of EPS Inc., for said project in the amount of
$1,374,729 is accepted; and
BE IT FURTHER RESOLVED that a contract be entered into between the successful
bidder and the City of Burlingame for the performance of said work, and that the City Manager is
authorized on behalf of the City of Burlingame to execute the contract and to approve the faithful
performance bond and the labor materials bond required to be furnished by the contractor.
________________________
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 2nd day
of January, 2018, and was adopted by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
_________________________
City Clerk
RESOLUTION NO. _______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME
APPROVING A PROFESSIONAL SERVICES AGREEMENT WITH BELLECCI &
ASSOCIATES FOR THE CONSTRUCTION MANAGEMENT SERVICES RELATED
TO THE EASTON ADDITION, RAY PARK AND NEIGHBORHOOD SEWER
REHABILITATION PROJECT PHASE 3
CITY PROJECT NO. 84192
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 2ND
day of January, 2018 and was adopted thereafter by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
_____________________________
City Clerk
BID DATE: DEC. 19, 2017CITY OF BURLINGAMEBID SUMMARYEASTON ADDITION, RAY PARK AND NEIGHBORHOOD SEWER REHABILITATION PROJECT PHASE 3City Project No. 84192Page 1 of 2ITEM NO.DESCRIPTION OF ITEMESTIMATED QUANTITYUNIT UNIT PRICE TOTAL COST UNIT PRICE TOTAL COST UNIT PRICE TOTAL COST General Common Items (1-8)1 Remove and Replace Sidewalk 200 SF 30$ 6,000$ 30$ 6,000$ 12$ 2,400$ 2 Remove and Replace Curb and Gutter 100 LF 50$ 5,000$ 100$ 10,000$ 45$ 4,500$ 3 Remove and Replace Driveway 300 SF 40$ 12,000$ 40$ 12,000$ 25$ 7,500$ 4 Point Repair 4 EA 5,000$ 20,000$ 200$ 800$ 3,500$ 14,000$ 5 Additional Asphalt Surface Restoration 50 TON 250$ 12,500$ 250$ 12,500$ 100$ 5,000$ 6Final AC Patching (at Existing Pothole and Geotechnical Boring Locations)30 SF 20$ 600$ 20$ 600$ 15$ 450$ 7 Preconstruction Potholing 5 EA 1,000$ 5,000$ 1,000$ 5,000$ 500$ 2,500$ 8 Install Concrete Cap 8 LF 100$ 800$ 200$ 1,600$ 55$ 440$ 61,900$ 48,500$ 36,790$ 9 NPDES Compliance (not to exceed 1% of Base Bid) 1 LS 1.0% 15,066$ 12,000$ 12,000$ 15,000$ 15,000$ 10Mobilization and Demobilization (not to exceed 3.5% of Base Bid)1 LS 3.5% 52,730$ 40,000$ 40,000$ 53,000$ 53,000$ 11Construction Survey and Site Investigation (not to exceed 3.5% of Base Bid)1 LS 3.5% 52,730$ 35,000$ 35,000$ 15,000$ 15,000$ 12 Traffic Control 1 LS 2,000$ 2,000$ 5,000$ 5,000$ 14,972$ 14,972$ 13Remove and Replace Existing 6" or 8" Sanitary Sewer with 8" HDPE Sanitary Sewer (Pipe Burst)668 LF 275$ 183,700$ 195$ 130,260$ 320$ 213,760$ 14Remove and Replace Existing 6" Sanitary Sewer with 8" HDPE Sanitary Sewer or 8" SDR 26 PVC Sanitary Sewer (Open Cut)264 LF 325$ 85,800$ 300$ 79,200$ 480$ 126,720$ 15Remove and Replace Existing 6" Sanitary Sewer with 8" HDPE Sanitary Sewer (Pipe Ream) or 8" SDR 26 PVC Sanitary Sewer (Open Cut)1731 LF 325$ 562,575$ 240$ 415,440$ 388$ 671,628$ 16 Post Television Inspection 2663 LF 3$ 7,989$ 3$ 7,989$ 10$ 26,630$ 17 Remove Existing Lamphole 6 EA 2,000$ 12,000$ 750$ 4,500$ 1,000$ 6,000$ 18 Rehabilitate Existing Manhole and Replace Frame and Cover 18 EA 4,000$ 72,000$ 3,400$ 61,200$ 4,000$ 72,000$ 19 Replace Connection to Existing Outside Drop 1 EA 2,000$ 2,000$ 4,500$ 4,500$ 6,000$ 6,000$ 20 New 36" Type 1 Manhole 3 EA 7,000$ 21,000$ 9,500$ 28,500$ 10,000$ 30,000$ 21Remove Existing Lamphole or Vertical Cleanout and Replace with New 36" Type 1 Manhole3 EA 7,500$ 22,500$ 10,000$ 30,000$ 10,000$ 30,000$ 22Remove Existing Lamphole or Vertical Cleanout and Replace with New 36" Type 2 Manhole4 EA 7,000$ 28,000$ 8,000$ 32,000$ 8,000$ 32,000$ 23Remove Existing Manhole aand Replace with New 36" Type 2 Manhole1 EA 7,500$ 7,500$ 8,500$ 8,500$ 8,000$ 8,000$ 24 Replace Existing Sewer Lateral to New Sewer Main 91 EA 4,000$ 364,000$ 1,700$ 154,700$ 1,200$ 109,200$ 25 Connect Existing Sewer Lateral to New Sewer Main 10 EA 500$ 5,000$ 1,000$ 10,000$ 800$ 8,000$ 26 New or Replace Existing 4" Sewer Cleanout 111 EA 1,000$ 111,000$ 800$ 88,800$ 300$ 33,300$ 27 Localized Repair 3 EA 6,500$ 19,500$ 8,000$ 24,000$ 10,000$ 30,000$ 1,627,090$ 1,171,589$ 1,501,210$ 1,688,990$ 1,220,089$ 1,538,000$ Express Plumbing K J Woods Construction San Mateo, CA San Francisco, CA Engineer's Estimate BASE BID SCHEDULE: EASTON ADDITION, RAY PARK PHASE 3General Common Items (1-8) Subtotal:EASTON ADDITION PHASE 3 - TOTAL BASE BID(Bid Item 9-27) Subtotal:
BID DATE: DEC. 19, 2017CITY OF BURLINGAMEBID SUMMARYEASTON ADDITION, RAY PARK AND NEIGHBORHOOD SEWER REHABILITATION PROJECT PHASE 3City Project No. 84192Page 2 of 2Alternate Bid AITEM NO.DESCRIPTION OF ITEMESTIMATED QUANTITYUNIT UNIT PRICE TOTAL COST UNIT PRICE TOTAL COST UNIT PRICE TOTAL COST A1 NPDES Compliance (not to exceed 1% of Base Bid) 1 LS 1.0% 870$ 1,400$ 1,400$ 500$ 500$ A2Mobilization and Demobilization (not to exceed 3.5% of Base Bid)1 LS 3.5% 3,045$ 5,000$ 5,000$ 3,000$ 3,000$ A3Construction Survey and Site Investigation (not to exceed 3.5% of Base Bid)1 LS 3.5% 3,045$ 4,500$ 4,500$ 710$ 710$ A4 Traffic Control 1 LS 500$ 500$ 5,000$ 5,000$ 2,560$ 2,560$ A5Remove and Replace Existing 6" Sanitary Sewer with 8" HDPE Sanitary Sewer or 8" SDR 26 PVC Sanitary Sewer (Open Cut)157 LF 325$ 51,025$ 600$ 94,200$ 385$ 60,445$ A6 Post Television Inspection 157 LF 3$ 471$ 20$ 3,140$ 5$ 785$ A7 New 36" Type 1 Manhole 1 EA 7,000$ 7,000$ 11,000$ 11,000$ 7,500$ 7,500$ A8Remove Existing Manhole and Replace with New 48" Type 2 Manhole1 EA 8,000$ 8,000$ 10,000$ 10,000$ 6,500$ 6,500$ A9Replace Existing Manhole and Replace with New 48" Type 2 Manhole4 EA 4,000$ 16,000$ 4,100$ 16,400$ 1,200$ 4,800$ A10 New or Replace Existing 4" Sewer Cleanout 4 EA 1,000$ 4,000$ 1,000$ 4,000$ 300$ 1,200$ 93,956$ 154,640$ 88,000$ 1,782,946$ 1,374,729$ 1,626,000$ Alternate Bid BITEM NO.DESCRIPTION OF ITEMESTIMATED QUANTITYUNIT UNIT PRICE TOTAL COST UNIT PRICE TOTAL COST UNIT PRICE TOTAL COST B1 NPDES Compliance (not to exceed 1% of Base Bid) 1 LS 1.0% 1,718$ 2,000$ 2,000$ 920$ 920$ B2Mobilization and Demobilization (not to exceed 3.5% of Base Bid)1 LS 3.5% 6,012$ 9,000$ 9,000$ 6,500$ 6,500$ B3Construction Survey and Site Investigation (not to exceed 3.5% of Base Bid)1 LS 3.5% 6,012$ 8,500$ 8,500$ 1,500$ 1,500$ B4 Traffic Control 1 LS 5,000$ 5,000$ 5,000$ 5,000$ 2,560$ 2,560$ B5Remove and Replace Existing 6" Sanitary Sewer with 8" SDR 26 PVC Sanitary Sewer (Pipe Burst)356 LF 325$ 115,700$ 500$ 178,000$ 390$ 138,840$ B6 Post Television Inspection 356 LF 3$ 1,068$ 15$ 5,340$ 5$ 1,780$ B7 Remove Existing Lamphole 1 EA 2,000$ 2,000$ 650$ 650$ 1,000$ 1,000$ B8 Remove Existing Manhole 1 EA 3,000$ 3,000$ 2,500$ 2,500$ 1,500$ 1,500$ B9 Rehabilitate Existing Manhole and Replace Frame and Cover 1 EA 4,000$ 4,000$ 5,000$ 5,000$ 4,000$ 4,000$ B10 New 48" Type 1 Manhole 1 EA 8,000$ 8,000$ 12,000.00$ 12,000$ 7,000$ 7,000$ B11Remove Existing Lamphole and Replace with New 48" Type 1 Manhole1 EA 8,000$ 8,000$ 13,000$ 13,000$ 7,000$ 7,000$ B12Remove Existing Manhole and Replace with New 48" Type 2 Manhole1 EA 8,500$ 8,500$ 10,000$ 10,000$ 7,000$ 7,000$ B13 Replace Existing 4" Sewer Lateral 3 EA 4,000$ 12,000$ 5,000$ 15,000$ 2,000$ 6,000$ B14 Connect Existing Sewer Lateral to New Sewer Main 3 EA 500$ 1,500$ 3,800$ 11,400$ 500$ 1,500$ B15 New or Replace Existing 4" Sewer Cleanout 3 1,000$ 3,000$ 1,600$ 4,800$ 300$ 900$ 185,510$ 282,190$ 188,000$ TOTAL BASE BID + ALTERNATE BID AALTERNATE BID B SUBTOTALALTERNATE BID A SUBTOTAL
AGREEMENT - 1
AGREEMENT FOR PUBLIC IMPROVEMENT
EASTON ADDITION, RAY PARK AND NEIGHBORHOOD SEWER REHABILITATION
PROJECT PHASE 3
CITY PROJECT NO. 84192
THIS AGREEMENT, made in duplicate and entered into in the City of Burlingame,
County of San Mateo, State of California on , 20___ by and
between the CITY OF BURLINGAME, a Municipal Corporation, hereinafter called "City",
and ______________, a [State of incorporation] [Corporation or other form of business],
hereinafter called "Contractor."
WITNESSETH :
WHEREAS, City has taken appropriate proceedings to authorize construction of
the public work and improvements herein provided for and to authorize execution of this
Contract; and
WHEREAS, pursuant to State law and City requirements, a notice was duly
published for bids for the contract for the improvement hereinafter described; and
WHEREAS, on _______________, after notice duly given, the City Council of
Burlingame awarded the contract for the construction of the improvements hereinafter
described to Contractor, which the Council found to be the lowest responsive, responsible
bidder for these improvements; and
WHEREAS, City and Contractor desire to enter into this Agreement for the
construction of said improvements.
NOW, THEREFORE, IT IS AGREED by the parties hereto as follows:
1. Scope of work.
Contractor shall perform the work described in those Contract Documents entitled:
EASTON ADDITION, RAY PARK AND NEIGHBORHOOD SEWER REHABILITATION
PROJECT PHASE 3, CITY PROJECT NO. 84192.
2. The Contract Documents.
The complete contract between City and Contractor consists of the following
documents: this Agreement; Notice Inviting Sealed Bids, attached hereto as Exhibit A;
the accepted Bid Proposal, attached hereto as Exhibit B; the specifications, provisions,
AGREEMENT - 2
addenda, complete plans, profiles, and detailed drawings contained in the bid documents
titled “Easton Addition, Ray Park and Neighborhood Sewer Rehabilitation Project Phase
3, City Project No. 84192” attached as Exhibit C; the State of California Standard
Specifications 2010, as promulgated by the California Department of Transportation;
prevailing wage rates of the State of California applicable to this project by State law; and
all bonds; which are collectively hereinafter referred to as the Contract Documents. All
rights and obligations of City and Contractor are fully set forth and described in the
Contract Documents, which are hereby incorporated as if fully set forth herein. All of the
above described documents are intended to cooperate so that any work called for in one,
and not mentioned in the other, or vice versa, is to be executed the same as if mentioned
in all said documents.
3. Contract Price.
The City shall pay, and the Contractor shall accept, in full, payment of the work
above agreed to be done, the sum of _________________________________ dollars
($_______________), called the “Contract Price”. This price is determined by the lump
sum and unit prices contained in Contr actor's Bid. In the event authorized work is
performed or materials furnished in addition to those set forth in Contractor's Bid and the
Specifications, such work and materials will be paid for at the unit prices therein contained.
Said amount shall be paid in progress payments as provided in the Contract Documents.
4. Termination
At any time and with or without cause, the City may suspend the work or any
portion of the work for a period of not more than 90 consecutive calendar days by notice
in writing to Contractor that will fix the date on which work will be resumed. Contractor
will be granted an adjustment to the Contract Price or an extension of the Time for
Completion, or both, directly attributable to any such suspension if Contractor makes a
claim therefor was provided in the Contract Documents.
The occurrence of any one or more of the following events will justify termination
of the contract by the City for cause: (1) Contracto r’s persistent failure to perform the
work in accordance with the Contract Documents; (2) Contractor’s disregard of Laws or
Regulations of any public body having jurisdiction; (3) Contractor’s disregard of the
authority of the Engineer; or (4) Contractor’s violation in any substantial way of any
provision of the Contract Documents. In the case of any one or more of these events, the
City, after giving Contractor and Contractor’s sureties seven calendar days written notice
of the intent to terminate Contractor’s services, may initiate termination procedures under
AGREEMENT - 3
the provisions of the Performance Bond. Such termination will not affect any rights or
remedies of City against Contractor then existing or that accrue thereafter. Any retention
or payment of moneys due Contractor will not release Contractor from liability. At the
City’s sole discretion, Contractor’s services may not be terminated if Contractor begins,
within seven calendar days of receipt of such notice of intent to terminate, to correct its
failure to perform and proceeds diligently to cure such failure within no more than 30
calendar days of such notice.
Upon seven calendar days written notice to Contractor, City may, without cause
and without prejudice to any other right or remedy of City, terminate the Contract for City’s
convenience. In such case, Contractor will be paid for (1) work satisfactorily completed
prior the effective date of such termination, (2) furnishing of labor, equipment, and
materials in accordance with the Contract Documents in connection with uncompleted
work, (3) reasonable expenses directly attributable to termination, and (4) fair and
reasonable compensation for associated overhead and profit. No payment will be made
on account of loss of anticipated profits or revenue or other economic loss arising out of
or resulting from such termination.
5. Provisions Cumulative.
The provisions of this Agreement are cumulative and in addition to and not in
limitation of any other rights or remedies available to the City.
6. Notices.
All notices shall be in writing and delivered in person or transmitted by certified
mail, postage prepaid.
Notices required to be given to the City shall be addressed as follows:
Mr. Donald Chang, PE
Senior Engineer
City of Burlingame
501 Primrose Road
Burlingame, California 94010
Notices required to be given to Contractor shall be addressed as follows:
Name
Company Name
Address
7. Interpretation
AGREEMENT - 4
As used herein, any gender includes the other gender and the singular includes
the plural and vice versa.
8. Waiver or Amendment.
No modification, waiver, mutual termination, or amendment of this Agreement is
effective unless made in writing and signed by the City and the Contractor. One or more
waivers of any term, condition, or other provision of this Agreement by either party shall
not be construed as a waiver of a subsequent breach of the same or any other provision.
9. Controlling Law.
This Agreement is to be governed by and interpreted in accordance with the laws
of the State of California.
10. Successors and Assignees.
This Agreement is to be binding on the heirs, successors, and assigns of the
parties hereto but may not be assigned by either party without first obtaining the written
consent of the other party.
11. Severability.
If any term or provision of this Agreement is deemed invalid, void, or unenforceable
by any court of lawful jurisdiction, the remaining terms and provisions of the Agreement
shall not be affected thereby and shall remain in full force and effect.
12. Contractor shall indemnify, defend, and hold the 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
actual or alleged negligence, recklessness or willful misconduct of Contractor, 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 Contractor 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 by state law. Acceptance of insurance certificates and endorsements
required under this Agreement does not relieve Contractor 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
AGREEMENT - 5
applicable to any of such damages or claims for damages.
IN WITNESS WHEREOF, two identical counterparts of this Agreement, consisting
of five pages, including this page, each of which counterparts shall for all purposes be
deemed an original of this Agreement, have been duly executed by the parties
hereinabove named on the day and year first hereinabove written.
CITY OF BURLINGAME,
a Municipal Corporation
By
Lisa K. Goldman, City Manager
Approved as to form:
Kathleen Kane, City Attorney
ATTEST:
Meaghan Hassel-Shearer, City Clerk
"CONTRACTOR"
By
Print Name:
Company Name:
1
STAFF REPORT
AGENDA NO: 8d
MEETING DATE: January 2, 2018
To: Honorable Mayor and City Council
Date: January 2, 2018
From: Carol Augustine, Finance Director – (650) 558-7222
Subject: Adoption of a Resolution Authorizing the City Manager to Execute
Agreements with the California Department of Tax and Fee Administration
(CDTFA) for Implementation and Administration of Burlingame’s Local
Transactions and Use Tax; and Adoption of a Resolution Identifying
Individuals Authorized to Examine Confidential Records of the CDTFA
Pertaining to the Transactions and Use Taxes Collected Pursuant to Those
Agreements
RECOMMENDATION
Staff recommends that City Council adopt a resolution authorizing the City Manager to execute
agreements with the California Department of Tax and Fee Administration necessary for the
implementation and ongoing administration of Burlingame’s local transactions and use tax. In
addition, staff recommends that the City Council adopt a resolution identifying those individuals
who are authorized to examine confidential records of the CDTFA pertaining to taxes collected for
the City of Burlingame.
BACKGROUND
In November, voters in the City of Burlingame approved a local revenue tax measure (Measure I)
to provide funding for infrastructure improvements and other services in the city. The resulting
ordinance #1944 imposes a retail transactions and use tax of ¼ percent, which effectively
increases the sales tax rate in the City from 8.75 percent to 9 percent. However, the state
considers the transactions tax to be a separate data base from the Bradley-Burns tax, which is
the 1% local portion of the uniform statewide rate. Where the Bradley-Burns Sales and Use Tax
is generally allocated to the jurisdiction where the sale is negotiated or the order is taken, the
transactions and use tax is allocated to the district where the goods are delivered or placed into
use.
DISCUSSION
Cities and counties are required to contract with the California Department of Tax and Fee
Administration (CDTFA) for administration of the ordinance imposing the transactions and use
tax. There are two contracts: one for setting up the tax, and a second one for ongoing
administration. Copies of the form of the contracts with the CDTFA are attached to the resolution
approving the authority of the City Manager to execute the contracts. Additionally, as the
Agreements with CDTFA for Administration of Transactions Tax January 2, 2018
2
transactions and use tax is separate and distinct from the local sales and use tax, a separate
Resolution of Confidentiality for access to the allocation data is required.
It should be noted that the individuals provided the authority to examine the City’s detailed tax
records must adhere to the Board’s confidentiality requirements. In summary, those who are
allowed access to confidential records must use such information only for the governmental
purposes set forth in the resolution, and those records are not subject to release in public
meetings or other such forums. Confidential records may not be shared with other local officials
who have not been authorized by resolution to receive them.
FISCAL IMPACT
Execution of the contracts with the CDTFA will ensure the timely collection and allocation of the
tax. The costs of the preparatory activities will be based on the actual costs of the CDTFA, to be
billed to and paid by the City within a reasonable time after the operative date of the tax (April 1,
2018). The agreement does not allow for costs to exceed $175,000; however, actual costs are
expected to be in the realm of $10,000. Ongoing administrative fees will be deducted from the
taxes collected by the CDTFA for the City. These deductions are not anticipated to exceed
$20,000 annually.
Exhibits:
• Resolution Authorizing the City Manager to Execute “Preparatory Agreement” and
“Administrative Agreement”
• Resolution Authorizing the Examination of Tax Records
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME AUTHORIZING THE CITY MANAGERTO EXECUTE AGREEMENTS WITH THE CALIFORNIA DEPARTMENT OF TAX AND FEE ADMINISTRATION FOR IMPLEMENTATION OF A LOCAL TRANSACTIONS AND USE TAX.
WHEREAS, on July 3, 2017, the City Council approved Ordinance No. 1944 to place a local
revenue measure on the November 2017 ballot to maintain quality of life programs; and
WHEREAS, the voters approved said revenue measure (Measure I) in the Municipal Election
held on November 7, 2017, amending the City Municipal Code and providing for a one-quarter cent
rate local transactions and use tax; and
WHEREAS, on December 18, 2017, the City Council approved a resolution declaring the
results of the municipal election as certified by the County of San Mateo, with Measure I approved by
the voters with 63.2% of the vote; and
WHEREAS, the California Department of Tax and Fee Administration (Department)
administers and collects the transactions and use taxes for all applicable jurisdictions within the state;
and
WHEREAS, the Department will be responsible to administer and collect the transactions
and use tax for the City; and
WHEREAS, the Department requires that the City enter into a “Preparatory Agreement” and
an “Administration Agreement” prior to implementation of said taxes, and
WHEREAS, the Department requires that the City Council authorize the agreements;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BURLINGAME
DOES HEREBY RESOLVE, DETERMINE, AND FIND AS FOLLOWS:
The “Preparatory Agreement” attached as Exhibit A and the “Administrative Agreement”
attached as Exhibit B are hereby approved and the City Manager is hereby authorized to execute each
agreement.
_______________________
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 on the 2nd day
of January, 2018, and was adopted thereafter by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
_______________________
Clerk
1
AGREEMENT FOR PREPARATION TO ADMINISTER AND OPERATE
CITY'S TRANSACTIONS AND USE TAX ORDINANCE
In order to prepare to administer a transactions and use tax ordinance adopted in accordance
with the provision of Part 1.6 (commencing with Section 7251) of Division 2 of the Revenue and
Taxation Code, the City of Burlingame, hereinafter called City, and the CALIFORNIA
DEPARTMENT OF TAX AND FEE ADMINISTRATION, hereinafter called Department, do agree as
follows:
1.The Department agrees to enter into work to prepare to administer and operate a
transactions and use tax in conformity with Part 1.6 of Division 2 of the Revenue and Taxation Code
which has been approved by a majority of the electors of the City and whose ordinance has been
adopted by the City.
2.City agrees to pay to the Department at the times and in the amounts hereinafter specified
all of the Department's costs for preparatory work necessary to administer the City's transactions and
use tax ordinance. The Department's costs for preparatory work include costs of developing
procedures, programming for data processing, developing and adopting appropriate regulations,
designing and printing forms, developing instructions for the Department's staff and for taxpayers, and
other appropriate and necessary preparatory costs to administer a transactions and use tax ordinance.
These costs shall include both direct and indirect costs as specified in Section 11256 of the
Government Code.
3.Preparatory costs may be accounted for in a manner which conforms to the internal
accounting and personnel records currently maintained by the Department. The billings for costs may
be presented in summary form. Detailed records of preparatory costs will be retained for audit and
verification by the City.
4.Any dispute as to the amount of preparatory costs incurred by the Department shall be
referred to the State Director of Finance for resolution, and the Director's decision shall be final.
5.Preparatory costs incurred by the Department shall be billed by the Department periodically,
with the final billing within a reasonable time after the operative date of the ordinance. City shall pay
to the Department the amount of such costs on or before the last day of the next succeeding month
following the month when the billing is received.
EXHIBIT A
2
6.The amount to be paid by City for the Department's preparatory costs shall not exceed one
hundred seventy-five thousand dollars ($175,000) (Revenue and Taxation Code Section 7272.)
7.Communications and notices may be sent by first class United States mail.
Communications and notices to be sent to the Department shall be addressed to:
California Department of Tax and Fee Administration
P.O. Box 942879 MIC: 27
Sacramento, California 94279-0027
Attention: Supervisor
Local Revenue Branch
Communications and notices to be sent to City shall be addressed to:
City of Burlingame – Finance Director
501 Primrose Road
Burlingame, CA 94010
8.The date of this agreement is the date on which it is approved by the Department of General
Services. This agreement shall continue in effect until the preparatory work necessary to administer
City's transactions and use tax ordinance has been completed and the Department has received all
payments due from City under the terms of this agreement.
CITY OF Burlingame CALIFORNIA DEPARTMENT OF TAX
AND FEE ADMINISTRATION
By By
(Signature) Administrator
Local Revenue Branch
Lisa K. Goldman
(Typed Name)
City Manager
(Title)
(Rev. 11/17)
EXHIBIT A
AGREEMENT FOR STATE ADMINISTRATION
OF CITY TRANSACTIONS AND USE TAXES
The City Council of the City of Burlingame has adopted, and the voters of the City of
Burlingame (hereafter called “City” or “District”) have approved by the required majority vote, the
City of Burlingame Transactions and Use Tax Ordinance (hereafter called “Ordinance”), a copy of
which is attached hereto. To carry out the provisions of Part 1.6 of Division 2 of the Revenue and
Taxation Code and the Ordinance, the California State Department of Tax and Fee Administration,
(hereinafter called the “Department”) and the City do agree as follows:
ARTICLE I
DEFINITIONS
Unless the context requires otherwise, wherever the following terms appear in the Agreement,
they shall be interpreted to mean the following:
1."District taxes" shall mean the transactions and use taxes, penalties, and interest imposed
under an ordinance specifically authorized by Revenue and Taxation code Section 7285.9, and in
compliance with Part 1.6, Division 2 of the Revenue and Taxation Code.
2."City Ordinance" shall mean the City's Transactions and Use Tax Ordinance referred to
above and attached hereto, Ordinance No.1944, as amended from time to time, or as deemed to be
amended from time to time pursuant to Revenue and Taxation Code Section 7262.2.
ARTICLE II
ADMINISTRATION AND COLLECTION
OF CITY TAXES
A.Administration. The Department and City agree that the Department shall perform
exclusively all functions incident to the administration and operation of the City Ordinance.
EXHIBIT BEXHIBIT B
(Rev. 10/17) 2
B.Other Applicable Laws. City agrees that all provisions of law applicable to the
administration and operation of the Department Sales and Use Tax Law which are not inconsistent with
Part 1.6 of Division 2 of the Revenue and Taxation Code shall be applicable to the administration and
operation of the City Ordinance. City agrees that money collected pursuant to the City Ordinance may
be deposited into the State Treasury to the credit of the Retail Sales Tax Fund and may be drawn from
that Fund for any authorized purpose, including making refunds, compensating and reimbursing the
Department pursuant to Article IV of this Agreement, and transmitting to City the amount to which
City is entitled.
C.Transmittal of money.
1.For the period during which the tax is in effect, and except as otherwise provided herein, all
district taxes collected under the provisions of the City Ordinance shall be transmitted to City
periodically as promptly as feasible, but not less often than twice in each calendar quarter.
2.For periods subsequent to the expiration date of the tax whether by City’s self-imposed
limits or by final judgment of any court of the State of California holding that City’s ordinance is
invalid or void, all district taxes collected under the provisions of the City Ordinance shall be
transmitted to City not less than once in each calendar quarter.
3.Transmittals may be made by mail or electronic funds transfer to an account of the City
designated and authorized by the City. A statement shall be furnished at least quarterly indicating the
amounts withheld pursuant to Article IV of this Agreement.
D.Rules. The Department shall prescribe and adopt such rules and regulations as in its
judgment are necessary or desirable for the administration and operation of the City Ordinance and the
distribution of the district taxes collected thereunder.
E.Preference. Unless the payor instructs otherwise, and except as otherwise provided in this
Agreement, the Department shall give no preference in applying money received for state sales and use
taxes, state-administered local sales and use taxes, and district transactions and use taxes owed by a
taxpayer, but shall apply moneys collected to the satisfaction of the claims of the State, cities, counties,
cities and counties, redevelopment agencies, other districts, and City as their interests appear.
EXHIBIT B
(Rev. 10/17) 3
F.Security. The Department agrees that any security which it hereafter requires to be
furnished by taxpayers under the State Sales and Use Tax Law will be upon such terms that it also will
be available for the payment of the claims of City for district taxes owing to it as its interest appears.
The Department shall not be required to change the terms of any security now held by it, and City shall
not participate in any security now held by the Department.
G.Records of the Department.
When requested by resolution of the legislative body of the City under section 7056 of the
Revenue and Taxation Code, the Department agrees to permit authorized personnel of the City to
examine the records of the Department, including the name, address, and account number of each seller
holding a seller’s permit with a registered business location in the City, pertaining to the ascertainment
of transactions and use taxes collected for the City. Information obtained by the City from examination
of the Department's records shall be used by the City only for purposes related to the collection of
transactions and use taxes by the Department pursuant to this Agreement.
H.Annexation. City agrees that the Department shall not be required to give effect to an
annexation, for the purpose of collecting, allocating, and distributing District transactions and use
taxes, earlier than the first day of the calendar quarter which commences not less than two months after
notice to the Department. The notice shall include the name of the county or counties annexed to the
extended City boundary. In the event the City shall annex an area, the boundaries of which are not
coterminous with a county or counties, the notice shall include a description of the area annexed and
two maps of the City showing the area annexed and the location address of the property nearest to the
extended City boundary on each side of every street or road crossing the boundary.
ARTICLE III
ALLOCATION OF TAX
A.Allocation. In the administration of the Department's contracts with all districts that
impose transactions and use taxes imposed under ordinances, which comply with Part 1.6 of Division 2
of the Revenue and Taxation Code:
EXHIBIT B
(Rev. 10/17) 4
1.Any payment not identified as being in payment of liability owing to a designated
district or districts may be apportioned among the districts as their interest appear, or, in the discretion
of the Department, to all districts with which the Department has contracted using ratios reflected by
the distribution of district taxes collected from all taxpayers.
2.All district taxes collected as a result of determinations or billings made by the
Department, and all amounts refunded or credited may be distributed or charged to the respective
districts in the same ratio as the taxpayer's self-declared district taxes for the period for which the
determination, billing, refund or credit applies.
B.Vehicles, Vessels, and Aircraft. For the purpose of allocating use tax with respect to
vehicles, vessels, or aircraft, the address of the registered owner appearing on the application for
registration or on the certificate of ownership may be used by the Department in determining the place
of use.
ARTICLE IV
COMPENSATION
The City agrees to pay to the Department as the State's cost of administering the City Ordinance
such amount as is provided for by law. Such amounts shall be deducted from the taxes collected by the
Department for the City.
ARTICLE V
MISCELLANEOUS PROVISIONS
A.Communications. Communications and notices may be sent by first class United States
mail to the addresses listed below, or to such other addresses as the parties may from time to time
designate. A notification is complete when deposited in the mail.
EXHIBIT B
(Rev. 10/17) 5
Communications and notices to be sent to the Department shall be addressed to:
California State Department of Tax and Fee Administration
P.O. Box 942879
Sacramento, California 94279-0027
Attention: Administrator
Local Revenue Branch
Communications and notices to be sent to the City shall be addressed to:
City of Burlingame, Finance Director
501 Primrose Road
Burlingame, CA 94010
Unless otherwise directed, transmittals of payment of District transactions and use taxes
will be sent to the address above.
B.Term. The date of this Agreement is the date on which it is approved by the Department of
General Services. The Agreement shall take effect on April 1, 2018. This Agreement shall continue
until December 31 next following the expiration date of the City Ordinance, and shall thereafter be
renewed automatically from year to year until the Department completes all work necessary to the
administration of the City Ordinance and has received and disbursed all payments due under that
Ordinance.
C.Notice of Repeal of Ordinance. City shall give the Department written notice of the repeal
of the City Ordinance not less than 110 days prior to the operative date of the repeal.
EXHIBIT B
(Rev. 10/17) 6
ARTICLE VI
ADMINISTRATION OF TAXES IF THE
ORDINANCE IS CHALLENGED AS BEING INVALID
A.Impoundment of funds.
1.When a legal action is begun challenging the validity of the imposition of the tax, the
City shall deposit in an interest-bearing escrow account, any proceeds transmitted to it under
Article II. C., until a court of competent jurisdiction renders a final and non-appealable judgment that
the tax is valid.
2.If the tax is determined to be unconstitutional or otherwise invalid, the City shall
transmit to the Department the moneys retained in escrow, including any accumulated interest, within
ten days of the judgment of the trial court in the litigation awarding costs and fees becoming final and
non-appealable.
B. Costs of administration. Should a final judgment be entered in any court of the State of
California, holding that City's Ordinance is invalid or void, and requiring a rebate or refund to
taxpayers of any taxes collected under the terms of this Agreement, the parties mutually agree that:
1.Department may retain all payments made by City to Department to prepare to
administer the City Ordinance.
2.City will pay to Department and allow Department to retain Department's cost of
administering the City Ordinance in the amounts set forth in Article IV of this Agreement.
3.City will pay to Department or to the State of California the amount of any taxes plus
interest and penalties, if any, that Department or the State of California may be required to rebate or
refund to taxpayers.
EXHIBIT B
(Rev. 10/17) 7
4.City will pay to Department its costs for rebating or refunding such taxes, interest, or
penalties. Department's costs shall include its additional cost for developing procedures for processing
the rebates or refunds, its costs of actually making these refunds, designing and printing forms, and
developing instructions for Department's staff for use in making these rebates or refunds and any other
costs incurred by Department which are reasonably appropriate or necessary to make those rebates or
refunds. These costs shall include Department's direct and indirect costs as specified by Section 11256
of the Government Code.
5. Costs may be accounted for in a manner, which conforms to the internal accounting, and
personnel records currently maintained by the Department. The billings for such costs may be
presented in summary form. Detailed records will be retained for audit and verification by City.
6.Any dispute as to the amount of costs incurred by Department in refunding taxes shall
be referred to the State Director of Finance for resolution and the Director's decision shall be final.
7.Costs incurred by Department in connection with such refunds shall be billed by
Department on or before the 25th day of the second month following the month in which the judgment
of a court of the State of California holding City's Ordinance invalid or void becomes final. Thereafter
Department shall bill City on or before the 25th of each month for all costs incurred by Department for
the preceding calendar month. City shall pay to Department the amount of such costs on or before the
last day of the succeeding month and shall pay to Department the total amount of taxes, interest, and
penalties refunded or paid to taxpayers, together with Department costs incurred in making those
refunds.
CITY OF BURLINGAME CALIFORNIA STATE DEPARTMENT OF
TAX AND FEE ADMINISTRATION
By By
(Signature) Administrator
Local Revenue Branch
Lisa K. Goldman
(Typed Name)
City Manager
(Title)
EXHIBIT B
-1-
RESOLUTION NO.__________
A RESOLUTION AUTHORIZING THE EXAMINATION OF TRANSACTIONS (SALES) AND USE
TAX RECORDS
WHEREAS, pursuant to Ordinance No. 1944 of the City of Burlingame hereinafter called City
and Section 7270 of the Revenue and Taxation Code, the City entered into a contract with the
California Department of Tax and Fee Administration to perform all functions incident to the
administration and operation of the Transactions and Use Tax Ordinance; and
WHEREAS, the City deems it desirable and necessary for authorized representatives of the
City to examine confidential transactions and use tax records of the California Department of Tax and
Fee Administration (CDFTA) pertaining to transactions and use taxes collected by the CDFTA for the
City pursuant to that contract; and
WHEREAS, Section 7056 of the Revenue and Taxation Code sets forth certain requirements
and conditions for the disclosure of California Department of Tax and Fee Administration records and
establishes criminal penalties for the unlawful disclosure of information contained in or derived from,
the transactions and use tax records of the CDTFA;
NOW, THEREFORE IT IS RESOLVED AND ORDERED AS FOLLOWS:
Section 1. That the Finance Director or other officer or employee of the City designated in
writing by the City Manager to the California Department of Tax and Fee Administration (hereafter
referred to as CDTFA) is hereby appointed to represent the City with authority to examine transactions
and use tax records of the CDTFA pertaining to transactions and use taxes collected for the City by the
CDTFA pursuant to the contract between the City and the CDTFA. The information obtained by
examination of CDTFA records shall be used only for purposes related to the collection of the City’s
transactions and use taxes by the CDTFA pursuant to the contract.
The information obtained by examination of CDTFA records shall be used only for those governmental
functions of the City listed above.
BE IT FURTHER RESOLVED that the information obtained by examination of CDTFA
records shall be used only for purposes related to the collection of City’s transactions and use taxes by
the CDTFA pursuant to the contracts between the City and CDTFA.
*Section 2. That this resolution supersedes all prior transactions and use tax resolutions of the
City of Burlingame adopted pursuant to subdivision (b) of Revenue and Taxation Section 7056.
Introduced, approved and adopted this 2nd day of January, 2018.
___________________________
Mayor
-2-
I, Meaghan Hassel-Shearer, City Clerk of the City of Burlingame, do hereby certify that the foregoing
resolution was adopted at a regular meeting of the City Council held on the 2nd day of January, 2018
by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
____________________________
City Clerk
1
STAFF REPORT
AGENDA NO: 8e
MEETING DATE: January 2, 2018
To: Honorable Mayor and City Council
Date: January 2, 2018
From: Carol Augustine, Finance Director – (650) 558-7222
Subject: Authorization to Contract with Hinderliter, de Lamas and Associates for
Transaction Tax Audit and Information Services; and Adoption of a
Resolution Authorizing Examination of the State Department of Tax and
Fee Administration’s Sales, Use and Transactions Tax Records
RECOMMENDATION
Staff recommends that City Council authorize the City Manager to execute a contract with
Hinderliter, de Llamas and Associates (HdL) for transactions tax audit and information services;
and adopt a resolution that will enable HdL to access records of the California Department of Tax
and Fee Administration (CDTFA) pertaining to sales, use and transaction taxes collected by the
Department for the City.
BACKGROUND
In November, voters in the City of Burlingame approved a local revenue tax measure (Measure I)
to provide funding for infrastructure improvements and other services in the city. The resulting
ordinance #1944 imposes a retail transactions and use tax of ¼ percent, which effectively
increases the sales tax rate in the City from 8.75 percent to 9 percent. However, the state
considers the transactions tax to be a separate data base from the Bradley-Burns tax; the
Bradley-Burns tax is the 1% local portion of the uniform statewide rate.
DISCUSSION
For many years the City has contracted with HdL to provide both review and correction services
related to misallocations of (the local portion of) sales tax receipts, as well as budget projection
information based on historical receipts. HdL also provides services to jurisdictions with separate
transaction taxes, although these collections do not lend themselves to the same audit
procedures as the local sales tax. A majority of the discrepancies noted in monitoring transaction
taxes involve non-payment, as opposed to misallocation of the tax.
Because the recording and reporting processes associated with transaction taxes are unique and
separate from other sales tax revenues, a separate contract (with a different fee structure) is
needed for the monitoring of transaction taxes. HdL will charge $100/month for the transaction
tax reports, and a flat 25% audit fee on all “recoveries”. Recoveries are based on the submission
of findings/discrepancies to the CDTFA (formerly part of the State Board of Equalization). After
Transactions Tax Audit & Information Services January 2, 2018
2
an initial period, the amount of recoveries should go down as more local businesses adjust to the
new transaction tax.
In addition, because the State considers the transactions tax to be a separate data base from the
local sales tax, HdL’s ability to access transaction tax data from the CDTFA requires a separate
resolution and agreement. It should be noted that the individuals provided the authority to
examine the City’s detailed tax records must adhere to the CDTFA’s confidentiality requirements.
In summary, those who are allowed access to confidential records must use such information
only for the governmental purposes set forth in the resolution, and those records are not subject
to release in public meetings or other such forums. Confidential records may not be shared with
other local officials who have not been authorized by resolution to receive them.
FISCAL IMPACT
The City contracts with HdL to enhance the City’s sales and use tax revenues through audit and
timey reporting processes. As the City wishes to ensure correct collection and reporting of the
new transactions tax, a separate contract is required. Funding for HdL’s services related to these
new revenues, estimated to be approximately $2,000 annually, will be paid out of the transactions
tax proceeds.
The new contract requires City Council authorization, by way of the attached resolution, for HdL
to access CDTFA data (related to the transactions tax) on behalf of the City.
Exhibits:
• Resolution Authorizing the Examination of Sales, Use, and Transaction Tax Records by HdL
• Agreement for Transaction Tax Audit and Information Services
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME
AUTHORIZING EXAMINATION OF SALES, USE AND TRANSACTIONS TAX
RECORDS
WHEREAS, pursuant to Ordinance 1944, the City of Burlingame entered into a contract with the
Department of Tax and Fee Administration to perform all functions incident to the administration and
collection of local sales, use and transactions taxes; and
WHEREAS, the City Council of the City of Burlingame deems it desirable and necessary for
authorized representatives of the City to examine confidential sales, use and transactions tax records of the
Department of Tax and Fee Administration pertaining to sales, use and transactions taxes collected by the
Department for the City pursuant to that contract; and
WHEREAS, Section 7056 of the California Revenue and Taxation Code sets forth certain
requirements and conditions for the disclosure of Department of Tax and Fee Administration records, and
establishes criminal penalties for the unlawful disclosure of information contained in, or derived from, the
sales, use and transactions tax records of the Department.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BURLINGAME HEREBY
RESOLVES AS FOLLOWS:
Section 1. That the City Manager, or other officer or employee of the City designated in writing by
the City Manager to the Department of Tax and Ffee Administration (hereafter referred to as Department), is
hereby appointed to represent the City of Burlingame with authority to examine sales, use and transactions
tax records of the Department pertaining to sales, use and transactions taxes collected for the City by the
Department pursuant to the contract between the City and the Department. The information obtained by
examination of Department records shall be used only for purposes related to the collection of City sales,
use and transactions taxes by the Department pursuant to that contract.
Section 2. That the City Manager, or other officer or employee of the City designated in writing by
the City Manager to the Department, is hereby appointed to represent the City with authority to examine
those sales, use and transactions tax records of the Department, for purposes related to the following
governmental functions of the City:
(a) City administration
(b) Revenue management and budgeting
(c) Community and economic development
(d) Business license tax administration
The information obtained by examination of Department records shall be used only for those
governmental functions of the City listed above.
Section 3. That Hinderliter, de Llamas & Associates is hereby designated to examine the sales, use
and transactions tax records of the Department pertaining to sales, use and transactions taxes collected for
the City by the Department. The person or entity designated by this section meets all of the following
conditions:
(a) has an existing contract with the City to examine those sales, use and transactions tax
records;
(b) is required by that contract to disclose information contained in, or derived from, those
sales, use and transactions tax records only to the officer or employee authorized under Sections 1 or 2 of
this resolution to examine the information.
(c) is prohibited by that contract from performing consulting services for a retailer during the
term of that contract; and
(d) is prohibited by that contract from retaining the information contained in, or derived from
those sales, use and transactions tax records, after that contract has expired.
The information obtained by examination of Department records shall be used only for purposes
related to the collection of City sales, use and transactions taxes by the Department pursuant to the contract
between the City and the Department and for purposes relating to the governmental functions of the City
listed in section 2 of this resolution.
______________________________
Mayor
I, Meaghan Hassel-Shearer, City Clerk of the City of Burlingame, do hereby certify that the
foregoing resolution was introduced, approved, and adopted at a regular meeting of the City Council held on
the 2nd day of January 2018, by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
______________________________
City Clerk
12/28/2017
1
AGREEMENT FOR TRANSACTIONS TAX AUDIT & INFORMATION SERVICES
This Agreement is made and entered into as of the ____ day of _______________, 2018 by and
between the CITY OF BURLINGAME, hereinafter referred to as “CITY,” and
HINDERLITER, DE LLAMAS AND ASSOCIATES a California Corporation, hereinafter
referred to as “CONTRACTOR”.
I. RECITALS
WHEREAS, transactions tax revenues can be increased through a system of continuous
monitoring, identification and correction of allocation errors and reporting deficiencies,
and
WHEREAS, an effective program of transactions and use tax management can provide
for more accurate budget forecasting and financial planning; and
WHEREAS, CITY desires the combination of data entry, report preparation, and data
analysis necessary to effectively manage its Measure “I” transactions and use tax base
the recovery of revenues either unreported or erroneously allocated to other
jurisdictions; and
WHEREAS, CONTRACTOR has the programs, equipment and personnel required to
deliver the transactions and use tax related services referenced herein;
THEREFORE, CITY and CONTRACTOR, for the consideration hereinafter described,
mutually agree as follows:
12/28/2017
2
II. SERVICES
The CONTRACTOR shall perform the following services:
A. DEFICIENCY/ALLOCATION REVIEWS AND RECOVERY
1. CONTRACTOR shall conduct on-going reviews to identify and correct
unreported transactions and use tax payments and distribution errors thereby
generating previously unrealized revenue for the CITY. Said reviews shall
include:
(i) Comparison of county-wide local tax allocations to transactions tax for
brick and mortar stores and other cash register-based businesses, where
clearly all transactions are conducted on-site within the Measure “I”
CITY boundaries, and therefore subject to transactions tax.
(ii) Review of any significant one-time use tax allocations to ensure that
there is corresponding transaction tax payments for taxpayers with
nexus within the CITY boundaries.
(iii) Review of state-wide transactions tax allocations and patterns to
identify any obvious errors and omissions.
(iv) Identification and follow-up with any potentially large purchasers of
supplies and equipment (e.g. hospitals, universities, manufacturing
plants, agricultural operations, refineries) to ensure that their major
vendors are properly reporting corresponding transactions tax
payments to the Measure “I” Transactions Tax District.
2. CONTRACTOR will initiate, where the probability of an error exists, contacts
with the appropriate taxpayer management and accounting officials to verify
12/28/2017
3
whether current tax receipts accurately reflect the local sales activity. Such
contacts will be conducted in a professional and courteous manner so as to
enhance CITY’s relations with the business community.
3. CONTRACTOR shall prepare and submit to the Department of Tax and Fee
Administration all information necessary to correct any allocation errors and
deficiencies that are identified, and shall follow-up with the individual
businesses and the California Department of Tax and Fee Administration to
ensure that all back-quarter payments due the CITY are recovered.
B. DATA BASE MANAGEMENT, REPORTS AND STAFF SUPPORT
1. CONTRACTOR shall establish a database containing all applicable
Department of Tax and Fee Administration (CDTFA) registration data for each
business within the Measure “I” District boundaries holding a seller’s permit
account. Said database shall also identify the quarterly transactions and use tax
allocations under each account for the most current and previous quarters where
available.
2. CONTRACTOR shall provide updated reports each quarter identifying changes
in allocation totals by individual businesses, business groups and by categories.
Quarterly aberrations due to State audits, fund transfers, and receivables, along
with late or double payments, will also be identified. Quarterly reconciliation
worksheets to assist finance officer with budget forecasting will be included.
3. CONTRACTOR shall advise and work with CITY Staff on planning and
economic questions related to maximizing revenues, preparation of revenue
projections and general information on sales, transactions and use tax questions.
12/28/2017
4
4. CONTRACTOR shall make available to CITY the HdL proprietary software
program and Measure “I” database containing all applicable registration and
quarterly allocation information for CIT Y business outlets registered with the
Department of Tax and Fee Administration. The database will be updated
quarterly.
III. CONFIDENTIALITY
Section 7056 of the State of California Revenue and Taxation code specifically limits
the disclosure of confidential taxpayer information contained in the records of the
California Department of Tax and Fee Administration. This section specifies the
conditions under which CITY may authorize persons other than CITY officers and
employees to examine State Sales, Use and Transactions Tax records.
The following conditions specified in Section 7056 (b), (1) of the State of California
Revenue and Taxation Code are hereby made part of this agreement.
A. CONTRACTOR is authorized by this Agreement to examine sales, use or
transactions and use tax records of the Department of Tax and Fee Administration
provided to CITY pursuant to contract under the conditions established by the
California Revenue and Taxation law.
B. CONTRACTOR is required to disclose information contained in, or derived from,
those sales, use or transactions and use tax records only to an officer or employee
of the CITY who is authorized by resolution to examine the information.
12/28/2017
5
C. CONTRACTOR is prohibited from performing consulting services for a retailer,
as defined in California Revenue & Taxation Code Section 6015, during the term
of this Agreement.
D. CONTRACTOR is prohibited from retaining the information contained in, or
derived from those sales or transactions and use tax records, after this Agreement
has expired. Information obtained by examination of Department of Tax and Fee
Administration records shall be used only for purposes related to collection of local
sales and use tax or for other governmental functions of the CITY as set forth by
resolution adopted pursuant to Section 7056 (b) of the Revenue and Taxation Code.
The resolution shall designate the CONTRACTOR as a person, authorized to
examine sales and use tax records and certify that this Agreement meets the
requirements set forth above and in Section 7056 (b), (1) of the Revenue and
Taxation Code.
IV. CONSIDERATION
A. CONTRACTOR shall be paid $100 monthly billed quarterly for the transaction
district tax reports that we include with the quarterly sales tax analyses.
CONTRACTOR shall be paid 25% of the initial amount of new transactions or use
tax revenue received by the CITY as a result of audit and recovery work performed
by CONTRACTOR (hereafter referred to as "audit fees"). New revenue shall not
include any amounts determined and verified by CITY or CONTRACTOR to be
increment attributable to causes other than CONTRACTOR'S work pursuant to this
agreement. In the event that CONTRACTOR is responsible for an increase in the
tax reported by businesses already properly making tax payments to the CITY, it
shall be CONTRACTOR'S responsibility to separate and support the incremental
amount attributable to its efforts prior to the application of the audit fee. Said audit
12/28/2017
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fees will apply to state fund transfers received for those specific quarters identified
as being missing and/or deficient following completion of the audit by
CONTRACTOR and confirmation of corrections by the California Department of
Tax and Fee Administration but shall not apply prospectively to any future quarter.
CONTRACTOR shall provide CITY with an itemized quarterly invoice showing
all formula calculations and amounts due for audit fees.
CONTRACTOR shall obtain prior approval from CITY for each specific business
for which payment of audit fees will be expected. Said approval shall be deemed
given when the City Manager or his/her designated representative, signs a Work
Authorization form, a copy of which is attached as "Exhibit A." CITY shall pay
audit fees upon CONTRACTOR'S submittal of evidence of State fund transfers and
payments to CITY from businesses identified in the audit and approved by the
CITY .
B. Above sum shall constitute full reimbursement to CONTRACTOR for all direct
and indirect expenses incurred by CONTRACTOR in performing audits including
the salaries of CONTRACTOR'S employees, and travel expenses connected with
contacting local and out-of-state businesses and the Department of Tax and Fee
Administration Staff.
C. Extra work beyond the Scope of Services set forth in this agreement shall not be
performed by CONTRACTOR or reimbursed or paid for by CITY unless such extra
work is specifically authorized in writing by City Manager or his/her designated
representative. CONTRACTOR shall be compensated for any additional services
in the amounts and in the manner as agreed to by the CITY and CONTRACTOR
at the time the CITY ’s written authorization is given to CONTRACTOR for the
performance of said services.
12/28/2017
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D. Any invoices not paid in accordance with the Thirty (30) day payment terms, shall
accrue monthly interest at a rate equivalent to ten percent (10%) per annum until
paid.
E. CONTRACTOR unilaterally retains the right to divide any recovery bills in excess
of $25,000 over a one (1) year period (Four (4) quarterly billings).
F. CONTRACTOR shall provide CITY with an itemized quarterly invoice showing all
formula calculations and amounts due for the audit fee (including, without
limitation, a detailed listing of any corrected misallocations), which shall be paid by
CITY no later than 30 days following the invoice date.
VI. CITY MATERIALS AND SUPPORT
CITY shall adopt a resolution in a form acceptable to the California Department of Tax
and Fee Administration and in compliance with Section 7056 of the Revenue and
Taxation Code, authorizing CONTRACTOR to examine the confidential sales, use, and
transactions tax records of CITY. CITY further agrees to continue CONTRACTOR’S
authorization to examine the confidential records of the CITY by maintaining CITY’s
name on the CITY Resolution until such time as all audit adjustments have been
completed by the California Department of Tax and Fee Administration and audit fees
due the CONTRACTOR have been paid.
VII. LICENSE, PERMITS, FEES AND ASSESSENTS
CONTRACTOR shall obtain such licenses, permits and approvals (collectively the
“Permits”) as may be required by law for the performance of the services required by
12/28/2017
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this Agreement. CITY shall assist CONTRACTOR in obtaining such Permits, and
CITY shall absorb all fees, assessments and taxes which are necessary for any Permits
required to be issued by CITY.
VIII. TERMINATION
This Agreement may be terminated for convenience by either party by giving 30 days
written notice to the other of such termination and specifying the effective date thereof.
Upon the presentation of such notice, CONTRACTOR shall continue to work through
the date of termination. Upon termination as provided herein, CONTRACTOR shall be
paid the value of all tax analysis and reporting work performed less payments previously
made by CITY. In ascertaining the value of the work performed up to the date of
termination, consideration shall be given to amounts due for any unpaid invoices, and
to businesses identified by CONTRACTOR which make tax payments after termination
of this Agreement as a result of CONTRACTOR'S work. After CITY receives said tax
payments for such businesses, CONTRACTOR shall be paid the audit fees resulting
from tax payments made by the business for back quarter reallocations. Compensation
for any audit work previously authorized and satisfactorily performed shall be made at
the times provided in the preceding section entitled "Consideration."
All documents, data, surveys and reports prepared by CONTRACTOR pursuant to this
Agreement shall be considered the property of the CITY and upon payment for services
performed by CONTRACTOR, such documents and other identified materials shall be
delivered to CITY by CONTRACTOR.
IX. INDEPENDENT CONTRACTOR
CONTRACTOR shall perform the services hereunder as an independent contractor and
shall furnish such services in his own manner and method, and under no circumstances
12/28/2017
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or conditions shall any agent, servant, or employee of CONTRACTOR be considered
as an employee of CITY.
X. COOPERATIVE AGREEMENT
It is intended any other public agency (e.g., city, county, district, public authority, public
agency, municipality, or other political subdivision of California) located in the state of
California shall have an option to procure identical services as set forth in this
Agreement. The City of Burlingame shall incur no responsibility, financial or otherwise,
in connection with orders for services issued by another public agency. The participating
public agency shall accept sole responsibility for securing services or making payments
to the vendor.
XI. NON-ASSIGNMENT
This Agreement is not assignable either in whole or in part by CONTRACTOR without
the written consent of CITY.
XII. ATTORNEY'S FEES
In the event a legal action is commenced to enforce any of the provisions of this
Agreement, the prevailing party shall be entitled to recover its costs and reasonable
attorney's fees.
XIII. GOVERNING LAW
The laws of the State of California shall govern the rights, obligations, duties and
liabilities of the parties to this Agreement and shall also govern the interpretation of this
Agreement.
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XIV. INDEMNIFICATION
CONTRACTOR hereby agrees to, and shall hold CITY, its elective and appointive
boards, officers, agents and employees, harmless from any liability for damage or claims
for damage for personal injury, including death, as well as from claims for breach of
confidentiality or property damage which may arise from CONTRACTOR'S willful or
negligent acts, errors or omissions or those of its employees or agents. CONTRACTOR
agrees to and shall defend CITY and its elective and appointive boards, officers, agents
and employees from any suits or actions at law or in equity for damages caused, or
alleged to have been caused, by reason of any of the aforesaid willful or negligent acts,
errors or omissions.
CITY hereby agrees to, and shall hold CONTRACTOR, its officers, agents and
employees, harmless from any liability for damage or claims for damage for personal
injury, including death, as well as from claims for breach of confidentiality or property
damage which may arise from CITY'S negligent acts, errors or omissions including
misuse or improper disclosure of confidential information contained in reports
submitted by contractor under this Agreement. CITY agrees to and shall defend
CONTRACTOR and its officers, agents and employees from any suits or actions at law
or in equity for damage caused, or alleged to have been caused, by reason of any of the
aforesaid negligent acts, errors or omissions and/or misuse or improper disclosure of
confidential information.
XV. NOTICE
All notices sent by a party under this Agreement shall be in writing and shall be deemed
properly delivered to the other party as of the date of receipt, if received on a business
day prior to 3:00 PM local time, or otherwise on the next business day after receipt,
provided delivery occurs personally, by courier service, or by U.S. mail to the other
12/28/2017
11
party at its address set forth below, or to such other address as either party may, by
written notice, designate to the other party. Notices to CONTRACTOR shall be sent to
HINDERLITER, de LLAMAS and ASSOCIATES, 1340 Valley Vista Drive, Suite 200,
Diamond Bar, CA 91765; and notices to CITY shall be sent to CITY OF
BURLINGAME, 501 Primrose Road, 1st Floor, Burlingame, CA 94010.
XVI. ENTIRE AGREEMENT; ETC.
This Agreement expresses the full and complete understanding of the parties with
respect to the subject matter hereof and supersedes all prior or contemporaneous
proposals, agreements, representations and understandings, whether written or oral,
with respect to the subject matter. This Agreement may not be amended or modified
except in writing signed by each of the parties hereto. This Agreement shall be
construed as to its fair meaning and not strictly for or against either party. The headings
hereof are descriptive only and not to be construed in interpreting the provisions hereof.
XVII. COUNTERPARTS; AUTHORITY TO SIGN
This Agreement may be executed in any number of counterparts, each of which will
constitute an original and all of which, when taken together, will constitute one
agreement. Any signature pages of this Agreement transmitted by facsimile or sent by
email in portable document format (PDF) will have the same legal effect as an original
executed signature page. Each of the persons signing on behalf of a party hereto
represents that he or she has the right and power to execute this Agreement on such
party’s behalf.
12/28/2017
12
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on
the date first above written by their respective officers duly authorized in that behalf.
CITY: CITY OF BURLINGAME
Lisa K. Goldman, City Manager
CONTRACTOR:
HINDERLITER, DE LLAMAS & ASSOCIATES
A California Corporation
Andrew Nickerson, President
APPROVED AS TO FORM:
CITY COUNSEL:
SAMPLE SAMPLE
EXHIBIT A
Transactions Tax Audit
Work Authorization No. ______
The following business or businesses, located in the City of Burlingame, have been identified
as having the potential for generating additional tax revenues to the City of Burlingame.
Contractor is hereby authorized to contact the given business(s) and the California Department
of Tax and Fee Administration to verify the accuracy of the current reporting methodology and
obtain the necessary documentation for the Department of Tax and Fee Administration, to bill
for uncollected transactions and use tax payments or modify misallocated payments and to
return revenues that may be due to the District.
Contractor's compensation shall be $100 monthly billed quarterly and 25% of the new
transactions tax revenue received by the District as a result of audit and recovery work
performed by Contractor, as set forth in the Agreement between Contractor and City.
CITY : CITY OF BURLINGAME
By:___________________________
Date:
HINDERLITER, DE LLAMAS AND ASSOCIATES
By:
Date
1
STAFF REPORT
AGENDA NO: 10a
MEETING DATE: January 2, 2018
To: Honorable Mayor and City Council
Date: January 2, 2018
From: Margaret Glomstad, Parks and Recreation Director – (650) 558-7307
Subject: Adoption of a Resolution Authorizing the City Manager to Execute an
Amendment to the Agreement with Fung Collaboratives and Approve an
Additional General Fund Appropriation in the Amount of $13,833
RECOMMENDATION
Staff recommends that the City Council adopt the attached resolution authorizing the City
Manager to execute an amendment to the Agreement for Professional Services with Fung
Collaboratives and approve an additional General Fund appropriation in the amount of $13,833.
BACKGROUND
On February 21, 2017, the Council held a study session to discuss a public art display to honor
Anson Burlingame. The Council agreed that further work on this matter should be done by an ad
hoc Subcommittee, and Mayor Ortiz appointed Vice Mayor Brownrigg and Councilmember Beach
to this group.
DISCUSSION
The members of the Subcommittee and staff held a preliminary discussion, and then staff
conducted research to learn how other local cities have addressed the commissioning of public
art. In addition, staff met with representatives from the Cities of Redwood City and South San
Francisco, who have public art programs, and talked with Ruth Waters from the Peninsula Art
Museum and Cindy Abbott from the Sanchez Art Center in Pacifica. Based on the information
gathered, the Subcommittee agreed to meet with Lance Fung and John Tally with Fung
Collaboratives.
Fung Collaboratives is an arts organization founded in 1999 by Lance Fung. Their mission is to
explore and develop interesting conversations between and through the arts. Through the
development of curatorial, commercial, and educational events under a single organizational
umbrella, Fung Collaboratives fosters the collaboration of both emerging and established artists
in intimate and ambitious projects with domestic and international settings. Recently, they have
been working with Redwood City to develop their Public Art Master Vision.
The Subcommittee met with Lance Fung and John Tally on Tuesday, June 6, 2017. The
Subcommittee was very impressed with the knowledge and background experience of Fung
Amendment to the Agreement with Fung Collaboratives January 2, 2018
2
Collaboratives and felt that they would be a valuable resource to educate the Burlingame
community about public art and to help guide the commissioning of a public art piece.
The Subcommittee reviewed Fung Collaboratives’ proposed process, which included three
phases.
Phase 1:
1. Plan and facilitate two educational workshops, for the Councilmembers and community
members, about what public art is, the benefits of public art, national and local views on
public art, best practices, how the public can get involved, and what art can mean in
Burlingame.
2. Hold one meeting of the Subcommittee and community working group to begin the
conversation, talk about ideas and locations, and create a list of potential artists and/or
ways to advertise the project.
Phase 2:
1. Research possible grant opportunities to help fund the art.
2. Meet with potential local funders, such as businesses or patrons.
3. Create the Call for Artists.
4. Present to Council to update the status of the project.
5. If appropriate, request Council approval to commission an art piece.
Phase 3:
1. Advertise and promote the Call for Artists.
2. Select the final location and artist to commission the new site-specific artwork.
3. If on The Bay Trail, coordinate with ABAG and BCDC for site planning.
4. With the City Attorney, develop and execute a contract between the City and the artist.
5. Work directly with the artist to create the final proposal.
6. Present the proposal to the Council and get approval for a detailed proposal, timeline,
budget, artist statement, renderings, etc.
7. Schedule meetings with City stakeholders to provide information about the work.
8. Work on installation details such as engineering, safety, ADA compliance, and signage.
9. Schedule and complete a ribbon-cutting event.
At the July 3, 2017 Council meeting, the Council was given an update on the Subcommittee’s
progress and approved completing Phases 1 and 2.
In order to ensure that there is adequate input from the community, the Subcommittee is
supported by the Anson Burlingame Art Committee (AB Committee) comprised of Ruth Waters
from the Peninsula Art Museum; Russ Cohen from the Burlingame Historical Society; David Chai,
who has extensively researched Anson Burlingame; and community members Janet Martin and
Leslie Holzman.
The AB Committee met on August 15, September 20, and December 14, 2017. During the
meetings, the Committee established goals and a process, developed workshop formats, and
discussed public outreach, fundraising, possible locations for the art work, and next steps.
Amendment to the Agreement with Fung Collaboratives January 2, 2018
3
The first Public Art W orkshop was held on September 26, 2017; discussion items included art in
the public realm and what it could mean in Burlingame. The second workshop, which was held
on October 24, 2017, included an overview of the history of Anson Burlingame and the qualities
the community members would like to see in an art piece in honor of Anson Burlingame.
To date, Phases 1 and 2 have been completed. In order to continue to Phase 3, all of the funding
needs to be secured prior to advertising the Call for Artists. To solicit funds from potential donors
without a more concrete concept of the proposed art piece is challenging. The Subcommittee is
therefore requesting $13,333 in additional funds in order to publicize the Call for Artists and
provide for preliminary renderings from two artists to aid the fundraising effort.
FISCAL IMPACT
Based on a project budget of $125,000, the Fung Collaboratives fee is $25,000 (20%) for Phase
3. The additional funding of $8,333 (1/3 of the 20% Phase 3 fee) would allow for the
development of the concept; this amount would be subtracted from the total Phase 3 costs. An
additional $4,500 is needed for artist renderings, and $1,000 is needed for web postings and
promotion of the Call for Artists. Staff therefore requests an additional General Fund
appropriation in the amount of $13,833.
Exhibits:
• Resolution
• Amendment to the Agreement
RESOLUTION NO.________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME
AUTHORIZING THE CITY MANAGER TO AMEND THE AGREEMENT BETWEEN
THE CITY AND FUNG COLLABORATIVES IN THE AMOUNT OF $13,333
WHEREAS, on July 3, 2017, the City Council approved working with Fung Collaboratives to
educate the Burlingame community about public art and to help guide the commissioning of a public art
piece to honor Anson Burlingame as Phases 1 and 2 of the Scope of Services for the original agreement;
and
WHEREAS, the City has determined the need for additional funding between Phases 2 and 3 in
order to advertise the Call for Artists, provide funding for preliminary renderings from two artists, and
provide for web posting and promotion of the Call for Artists; and
WHEREAS, the Consultant’s fee is $8,333; the artists’ renderings will cost up to $4,500; and
advertising will cost up to $1,000; for a total of $13,833.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BURLINGAME
RESOLVES AND ORDERS:
1. The facts in the recitals above and in the staff report are true and correct.
2. The City Manager is authorized to sign the amendment to the agreement on behalf of the
City of Burlingame.
3. The City of Burlingame and Consultant amend the payment provision of the agreement
dated August 8, 2017 to include an additional $13,833 for expanded work.
4. Other than as modified by the Amendment No. 1, all existing terms and conditions of the
original agreement shall remain in full force and effect.
___________________________
Michael Brownrigg, 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 2nd day of January, 2018,
and was adopted thereafter by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
______________________________
Meaghan Hassel-Shearer, City Clerk
FIRST AMENDMENT TO THE AGREEMENT BETWEEN
THE CITY OF BURLINGAME AND FUNG COLLABORATIVES
THIS AMENDMENT NO. 1, made and entered into this ______day of________________, 2018, by
and between the CITY OF BURLINGAME, a municipal corporation [hereinafter “City”], and Fung
Collaboratives, [hereinafter “Consultant”], amends the Agreement between the parties dated August 8, 2017
[hereinafter “Agreement”].
WHEREAS, on July 3, 2017, the City Council approved working with Fung Collaboratives to educate
the citizens of Burlingame about public art and to help guide the commission of a public art piece to honor
Anson Burlingame as Phases 1 and 2 of the Scope of Services in the original agreement; and
WHEREAS, the City has determined the need for additional funding between Phases 2 and 3 in order
to advertise the Call for Artists, provide funding for preliminary renderings from two artists, and provide for
web posting and promotion of the Call for Artists; and
WHEREAS, the additional funding will cover the following work: the Consultant’s fee is $8,333, the
artists’ renderings will cost up to $4,500, and advertising will cost up to $1,000, for a maximum total of
$13,833.
NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:
1. The City of Burlingame and the Consultant amend their agreement dated August 8, 2017 to
include funding for the Call for Artists, preliminary renderings from two artists, and web posting and
promotion.
2. The City of Burlingame and Consultant amend the payment provision of the agreement dated
August 8, 2017 to include an additional $13,833.00 for expanded work as described herein.
3. Other than as modified by the Amendment No. 1, all existing terms and conditions of the
original agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the parties have executed this Amendment to Agreement on the day and
year as written above.
CITY OF BURLINGAME Fung Collaboratives
A municipal corporation
By: By:
Lisa K. Goldman, City Manager
ATTEST: Approved as to Form:
Meaghan Hassel-Shearer, City Clerk Kathleen Kane, City Attorney
1
STAFF REPORT
AGENDA NO:
MEETING DATE: January 2, 2018
To: Honorable Mayor and City Council
Date: January 2, 2018
From: William Meeker, Community Development Director – (650) 558-7255
Subject: Update Regarding Home for All Community Engagement Pilot Program
RECOMMENDATION
The City Council should receive the update on the City’s Home for All Community Engagement
Program provided with this item. The Council may wish to give additional suggestions for
engagement of the community in the discussion of the need for a wider range of housing
opportunities.
BACKGROUND
Two years ago, San Mateo County convened a task force to address the gap between the large
number of new jobs being created in the County and the relatively few new housing units being
built in the region. The action plan developed by this task force led to the creation of the Home for
All Initiative. The initiative is intended is to inspire community support for a variety of housing
options so that San Mateo County can continue to be a culturally, generationally and
economically diverse region with housing options available to all who desire them.
The City of Burlingame has been supportive of and highly involved in the Home for All initiative.
On January 17, 2017 the City Council adopted a resolution committing the City to working with
other jurisdictions in the County to address the housing crisis through ongoing support of the
Home for All Initiative. Vice-Mayor Colson serves on the Steering Council and the Funding
Committee, while Councilmember Keighran serves on the Outreach and Education Committee
and the Legislative Subcommittee.
In September the City of Burlingame was selected to participate in the “Community Engagement
Pilot Program” initiated by Home for All. A key focus of Home for All has been to understand how
community perspectives about housing affect decisions made by local governments, and the
Community Engagement Pilot Program is designed to work with local jurisdictions to jointly
develop customized community engagement strategies. Home for All has partnered with
Common Knowledge Plus, a community engagement consulting firm, to facilitate the initiative,
with the objective of having housing conversations and decision-making be as inclusive as
possible.
Home For All Community Engagement Pilot Program January 2, 2018
2
DISCUSSION
Home for All and Common Knowledge Plus have been working with City staff, Councilmember
Keighran, and Vice-Mayor Colson to develop a work plan for Burlingame’s Community
Engagement Pilot Program. The work plan focuses on the affordable housing proposal at
Downtown Parking Lots F and N (“The Village at Burlingame”) together with a larger discussion of
affordable housing in the community. The hope is to have a constructive and productive dialog
with the community to discuss what options are available to address housing needs, how
resources should be invested, and how to prioritize objectives.
The intent is to engage a broad cross-section of the community, including those who may not be
familiar with how to participate in the public process. Engagement to date has included “pop-up”
intercept interviews held in nontraditional locations to reach individuals not ordinarily engaged in
civic affairs, as well as outreach to a wide range of community organizations. The project team
has also been developing materials to provide information on frequently asked questions
regarding specifics of the Village at Burlingame, as well as local housing issues more generally.
Particularly significant is an upcoming community engagement meeting scheduled for the
morning of Saturday, February 10th from 9:00 am to 12 noon. This will be the first of two
community meetings being planned for the Community Engagement Pilot Program. On January
2, 2018 City staff and Home for All/Common Knowledge Plus will provide the City Council with an
overview of the meeting format and content, as well as receive input on the outreach strategy to
the community.
FISCAL IMPACT
None.
1
STAFF REPORT
AGENDA NO: 10c
MEETING DATE: January 2, 2018
To: Honorable Mayor and City Council
Date: January 2, 2018
From: Ana Maria Silva, Executive Assistant – (650) 558-7204
Subject: Consideration of Appointments to the Traffic, Safety & Parking Commission
RECOMMENDATION
Staff recommends that the City Council make appointments to fill two impending vacancies on the
Traffic, Safety & Parking Commission or take other action.
BACKGROUND
The vacancy is due to the expired terms of Commissioners Nick Akers and Jeff Londer.
Commissioner Akers elected not to re-apply. The vacancies were publicized, and notification
letters were sent to past Commission applicants. The City received seven applications as of the
extended deadline of November 20, 2017. The following seven applicants were interviewed by
then-Mayor Ortiz, Vice Mayor Brownrigg, Councilmember Colson, and Councilmember Keighran
on December 5, 2017: Jeff Londer, Daniel Devoy, Irving Agard, Andrew Ahlers, Greg Mand, Lynn
Israelit, and Sean Pitonak.
The appointees terms will be for three years, ending on November 6, 2020.
1
STAFF REPORT
AGENDA NO: 10d
MEETING DATE: January 2, 2018
To: Honorable Mayor and City Council
Date: January 2, 2018
From: Syed Murtuza, Director of Public Works – (650) 558-7230
Subject: Consideration of Appointments to the Storm Drain Measure Oversight
Committee
RECOMMENDATION
Staff recommends that the City Council make an appointment to fill a vacancy on the Storm Drain
Measure Oversight Committee or take other action.
BACKGROUND
The vacancy is due to the passing of Storm Drain Measure Oversight Committee member Rudy
Horak. The vacancy was publicized in the eNews, and the City received two applications by the
deadline of November 3, 2017. The City Council interviewed the applicants, Susanna Chen and
Matt Feemster, on December 5, 2017. The appointee term will be for four years, ending on
January 2, 2022.
FISCAL IMPACT
None.
1
STAFF REPORT
AGENDA NO: 10e
MEETING DATE: January 2, 2018
To: Honorable Mayor and City Council
Date: January 2, 2018
From: Lisa K. Goldman, City Manager – (650) 558-7243
Carol Augustine, Finance Director – (650) 558-7222
Subject: Discussion of the Composition and Scope of Responsibilities for the
Measure I Oversight Committee and Determination of a Preferred Selection
Process
RECOMMENDATION
Staff recommends that the City Council discuss the desired composition and scope of
responsibilities for the city’s Measure I oversight committee.
BACKGROUND
In November, Burlingame’s voters approved Measure I, a retail transactions and use tax of ¼
percent, which effectively increases the sales tax rate in Burlingame from 8.75 percent to 9
percent.
In addition to requiring a separate external audit of the collections and expenditures of the new
transactions tax, the Measure also provides for the establishment of a Citizens’ Oversight
Committee. The Measure requires the following:
A. There shall be a committee consisting of no fewer than three persons appointed by
the City Council to review and report on the receipt of revenue and expenditure of funds
from the tax authorized by this Chapter (“revenues and expenditures”).” Members of the
Committee shall be residents of the City or representatives of businesses located in the
City.
B. Beginning with the fiscal year that ends June 30, 2018, the City’s independent
auditors shall, as part of their annual audit of the City’s financial statements, review the
collection and expenditure of revenue from the tax authorized by this Chapter. The
auditors’ review shall be a public document, the committee shall annually review the
auditors’ findings regarding the revenues and expenditures. The committee’s statement
shall be transmitted to the City Council for consideration at a public meeting.
C. By January 31, 2018, the City Council shall adopt a resolution establishing the
composition of the committee and defining the scope of its responsibilities consistent with
Direction for Establishment of Measure I Oversight Committee. January 2, 2018
2
this section. Provisions defining the scope of committee responsibilities and reporting
requirements shall address bond oversight in the event that a decision is made at a later
time to sell bonds that are in part backed by the revenues referenced in this section. The
City Council shall appoint the initial members of the committee not later than March 1,
2018.
The operative date of the tax is April 1, 2018.
DISCUSSION
To assist in the discussion of the composition and scope of the Oversight Committee, staff
examined the bylaws, mission statements, guidelines, and policies of transaction and use tax
oversight committees in other cities. In San Mateo County, there are four cities with a
transactions and use tax similar to that created by Measure I. East Palo Alto does not have an
oversight committee specific to the added tax. The City of San Mateo does not have an oversight
committee for their current transactions and use tax that expires March 31, 2018, but they are in
the process of forming one for their recent Measure S tax that will take its place.
Belmont’s Measure I was passed just one year ago. Applications were taken prior to the
determination of the number of members (currently five) and specific scope. The City of South
San Francisco’s successful Measure W (for a half cent transactions and use tax) was approved
two years ago. The Measure W Oversight Committee consists of five members appointed by the
City Council with staggered four year terms. The bylaws for the City of South San Francisco’s
Measure W Citizen’s Oversight Committee are attached to this report.
In addition, staff reviewed the structure of other transaction and use tax oversight committees in
the state (Arcata, Moraga, San Leandro, and San Rafael, to name a few). Generally, the
committees consist of five or seven members, with the larger committees having one or two
Councilmembers in addition to citizens, and they meet one or two times a year to review the
audited annual reports prepared by staff. The details of committee operations range from detailed
bylaws to simple mission statements such as that offered by the City of Santa Rosa (attached).
When specifying duties of the committee, most cities relied on the language of the approved
ballot measure; many noted that the committee had no budgetary decision or contractual
authority.
Composition and Scope of the Committee
In discussing the composition and scope of the committee, the Council should determine how
many members it would like to appoint. For comparison purposes, the City’s Storm Drain
Oversight Committee contains three members. Since the measure allows for non-resident
representatives of Burlingame businesses to serve, the Council should determine whether it
wishes to set aside a certain number of seats for the business community. The Council should
also discuss the length of the term of service, whether or not there are term limits, and whether it
wishes to stagger terms in order to provide continuity on the committee as terms come to an end.
Direction for Establishment of Measure I Oversight Committee. January 2, 2018
3
In terms of the scope of the committee’s work, the ballot measure itself provides guidance. At a
minimum, the committee shall annually review the auditors’ findings regarding the revenues and
expenditures and transmit a statement regarding that review to the City Council. In addition, the
committee shall provide oversight of any bonds that are backed in whole or in part by the
Measure I revenues.
Next Steps
After the Council has discussed and given direction on the committee, staff will return with a draft
resolution that establishes the composition and scope of the City of Burlingame’s Citizens’
Oversight Committee for Measure I revenues and expenses. During tonight’s discussion, the
Council should also provide direction as to whether it would like to use the same selection
process it uses for the City’s other Boards and Commissions and the Storm Drain Oversight
Committee (written application followed by in-person interviews) or whether it wishes to follow
some other process. As noted above, the Measure requires that the committee be in place by
March 1, 2018.
At the January 16th meeting, the Council can make changes to the language of the resolution as
deemed necessary for adoption. Again, the resolution needs to be adopted by January 31st to
comply with Measure I.
FISCAL IMPACT
Although there is no direct fiscal impact resulting from the creation of the Measure I Citizens’
Oversight Committee, this action will foster an objective and transparent review of the use of the
new revenue generated from the additional ¼ percent transactions and use tax.
Exhibits:
• City of South San Francisco Measure W Citizens’ Oversight Committee Bylaws
• City of Santa Rosa Measure O Citizen Oversight Committee
CITY OF SOUTH SAN FRANCISCO
MEASURE W CITIZENS’ OVERSIGHT COMMITTEE BYLAWS
A. Committee Established. There is hereby established in the City of South San Francisco,
pursuant to Ordinance No. 1503-2015, a Measure W Citizens’ Oversight Committee
(hereinafter, “Committee”). Measure W, identified as the South San Francisco Fiscal
Stability and Essential Services Ordinance, adopted a one-half cent retail transactions and
use tax. The Committee shall report periodically to the City Council regarding the
collection and expenditure of Measure W revenue.
B. Selection of Members.
1. Members of the Committee shall be appointed by majority vote of the City Council.
2. The Committee shall consist of five members.
a. Three members shall serve an initial term of four years.
b. Two members shall serve an initial term of three years.
c. Following service by the Committee members of the foregoing initial terms, all
members will subsequently serve four-year terms.
3. Any South San Francisco resident or representative of a business located in South San
Francisco, who is 18 years of age or older, is eligible to be appointed to the Committee.
The City Council may give preference to applicants with financial management
experience.
4. The City Council, by majority vote, may appoint an ex-oficio, non-voting alternate
member to the Committee (“Alternate”). In the event that the City Council appoints an
Alternate, the Alternate may attend Committee meetings, but will not count towards a
quorum and shall not vote on items before the Committee.
C. Committee Actions.
1. The Committee shall meet with the City’s independent auditor at the initiation of each
annual financial audit process to outline issues of particular interest to the Committee,
and to be briefed on the independent auditor’s plan for the audit scope and schedule.
2. The Committee shall review the annual audit prepared by the City’s independent
auditor related to the prior fiscal year’s collection and expenditure of revenue from the
tax authorized by Measure W. The Committee shall meet with the City’s independent
auditor to receive the audit findings in advance of the presentation of the final audit
report to the City Council. The Committee shall report in writing to the City Council
regarding the accuracy of the auditors’ findings regarding the Measure W revenues and
expenditures.
3. The Committee’s annual report shall offer independent verification regarding the
independent auditor’s findings related to whether the funds collected are being spent in
accordance with the terms of Measure W. The Committee’s report shall be transmitted
through the City Manager’s Office to the City Council for consideration at a City
Council meeting. The Committee shall serve in an advisory role to the City Council.
4. In order to preserve the integrity and independence of the oversight process,
Committee members shall not have a formal role in contracting, project management,
or any other aspect related to the use of revenue generated pursuant to Measure W.
5. The City Manager or his or her designee shall provide any reasonable administrative
or technical assistance so that the Committee shall be able to fulfill its duties.
D. Meetings. The Committee shall adopt a regular meeting schedule that shall include, at
minimum, one annual regular meeting for the purposes of reviewing the annual audit. The
Committee may schedule additional meetings as necessary.
1. The Committee is subject to the Ralph M. Brown Act. (Government Code Section
54950 et seq.) Notice must be given of all Committee meetings and the meetings shall
be open to the public. The City Manager or his or her designees shall arrange for any
necessary training and will assist the Committee in complying with the Brown Act.
E. Attendance. Committee members are expected to attend all regular meetings and special
meetings as needed. Committee members are expected to attend all committee-related
orientation and training sessions (including ethics training and audit review training).
F. Committee Operations. The City Council shall select two Committee members to serve as
the initial chair and vice-chair of the Committee until the Committee selects its own chair
and vice-chair. At its first regular meeting of each subsequent calendar year, or as soon as
practicable thereafter, the Committee shall select members to serve as chair and vice-chair.
The City Manager or his or her designee shall serve as the Committee’s secretary. The
secretary will be responsible for the posting and distribution of agendas and the taking of
minutes. Approved minutes shall be made available to the public.
G. Vacancies. In the event of removal approved by the City Council, resignation, or death of
a Committee member, the City Council shall appoint a person to fill the vacant Committee
member seat. In the event of a vacancy, the City Council may appoint the Alternate to the
vacant Committee member position.
Measure O Citizen Oversight Committee
Mission
Ensure that all revenues received from the voter approved Transactions
and Use Tax (Measure O) are only spent on permissible uses as outlined in
Ordinance 3680
Roles and Responsibilities
1. Understand permissible uses under Measure O.
2. Understand allocation methodology of revenues between Police, Fire,
and Gang Prevention and Youth Programs
3. Review appropriateness of proposed Measure O appropriations for
upcoming budget year prior to the City Council budget hearings.
4. Issue to the City Council an annual public report on the expenditures
and appropriations of Measure O tax revenues using data from the
previous fiscal year.
1
STAFF REPORT
AGENDA NO: 10f
MEETING DATE: January 2, 2018
To: Honorable Mayor and City Council
Date: January 2, 2018
From: Margaret Glomstad, Parks and Recreation Director – (650) 558-7307
Subject: Adoption of a Resolution Authorizing the City Manager to Execute an
Agreement for Professional Services with MIG for the Development of a
Parks Master Plan
RECOMMENDATION
Staff recommends that the City Council adopt the attached resolution authorizing the City
Manager to execute an Agreement for Professional Services with MIG for the development of a
Parks Master Plan.
BACKGROUND
The City Council approved funds in the FY 17-18 Parks and Trees Capital Improvement Program
to complete the City’s first Citywide Parks Master Plan. The Parks Master Plan will set the
framework for decision makers in the planning, maintenance, development, and/or rehabilitation
of Burlingame’s parks and recreational facilities by providing a systematic and prioritized
approach to implementation of parks and recreation projects. The City issued a request for
proposals on August 22, 2017, and received seven proposals by the October 17, 2017 deadline.
An Advisory Committee comprised of then-Mayor Ortiz, Councilmember Beach, Parks and
Recreation Commissioners Lewis and Matthews, Parks and Recreation Director Glomstad,
Recreation Supervisor Acquisti, Parks Supervisor Holtz, and Senior Planner Keylon reviewed the
proposals and determined that MIG, Verde Designs, and RHAA were the most qualified firms to
be invited to an interview. The Advisory Committee conducted the interviews on Wednesday,
November 15, 2017.
DISCUSSION
At the conclusion of the interviews, the Advisory Committee selected MIG as the best qualified to
prepare the City’s Parks Master Plan based upon: 1) the firm’s involvement in numerous parks
master plans in comparable jurisdictions in the Bay Area; 2) the firm’s experience with and
approach to preparing a parks master plan, including the sub-consultants on the team who
specialize in Fee Nexus Studies and community surveys; 3) the firm’s recognized leadership in
community engagement, with the proposal including a comprehensive community participation
and outreach plan; 4) the firm’s current experience working with the Burlingame community
Parks Master Plan Agreement with MIG January 2, 2018
2
through the Envision Burlingame General Plan update process; and 5) the overall expertise and
energy of the team assembled for the project.
FISCAL IMPACT
The fee to complete the Parks Master Plan is $199,555. This includes an existing park and
facilities analysis, community engagement and surveying, a funding and implementation plan,
and a final Parks Master Plan to be approved by the City Council. The fee for optional tasks,
including an online interactive mapping survey, additional community/stakeholder
workshops/meeting and public engagement support that may be required to ensure adequate
community input is up to $50,000.
Adequate funds are available in the Parks and Trees Capital Improvement Program budget.
Exhibits:
• Resolution
• Agreement for Professional Services with MIG
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME
AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT FOR
PROFESSIONAL SERVICES WITH MIG.
WHEREAS, the City Council approved funds in the FY 17-18 Parks and Trees Capital
Improvement Program to complete the City’s first Citywide Parks Master Plan in the amount of
$250,000; and
WHEREAS, the Parks Master Plan will set the framework for decision makers in the planning,
maintenance, development, and/or rehabilitation of Burlingame’s parks and recreational facilities by
providing a systematic and prioritized approach to implementation of parks and recreation projects;
and
WHEREAS, the City issued a request for proposals on August 22, 2017, and received seven
proposals by the October 17, 2017 deadline; and
WHEREAS, an Advisory Committee comprised of then-Mayor Ortiz, Councilmember Beach,
Parks and Recreation Commissioners Lewis and Matthews, Parks and Recreation Director Glomstad,
Recreation Supervisor Acquisti, Parks Supervisor Holtz, and Senior Planner Keylon reviewed the
proposals and determined that MIG, Verde Designs, and RHAA were the most qualified firms to be
invited to an interview; and
WHEREAS, the Advisory Committee conducted the interviews on Wednesday, November 15,
2017, and selected MIG as the best qualified to prepare the City’s first Parks Master Plan based upon:
1) the firm’s involvement in numerous parks master plans in comparable jurisdictions in the Bay Area;
2) the firm’s experience with and approach to preparing a parks master plan, including sub-consultants
on the team who specialize in Fee Nexus Studies and community surveys; 3) the firm’s recognized
leadership in community engagement, with the proposal including a comprehensive community
participation and outreach plan; 4) the firm’s current experience working with the Burlingame
community through the Envision Burlingame General Plan update process; and 5) the overall expertise
and energy of the team assembled for the project.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BURLINGAME
RESOLVES AND ORDERS AS FOLLOWS:
1. The City Council approves the agreement with MIG to complete the Parks Master Plan at a cost
not to exceed $149,555.
2. The City Manager is authorized to execute the contract amendment and any necessary documents
to undertake the above said work.
________________________________
Michael Brownrigg, 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 Burlingame City Council held on the 2nd day
of January, 2018, and was adopted thereafter by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
________________________________
Meaghan Hassel-Shearer, City Clerk
1
STAFF REPORT
AGENDA NO: 10g
MEETING DATE: January 2, 2018
To: Honorable Mayor and City Council
Date: January 2, 2018
From: Margaret Glomstad, Parks and Recreation Director – (650) 558-7307
Subject: Adoption of a Resolution Authorizing the City Manager to Execute an
Agreement with Burlingame Youth Baseball Association for Use of City-
Owned Fields For Recreational Baseball Use, Concession Sales, and
Storage
RECOMMENDATION
Staff recommends that the City Council review the draft agreement, provide direction regarding
waiving and/or reducing City fees, and authorize the City Manager to execute the agreement with
the changes as directed by the City Council.
BACKGROUND
Burlingame Youth Baseball Association (BYBA), a non-profit organization established in 1992,
has had a long relationship with the City. BYBA provides organized baseball for youth ages 5-18
in seven different age divisions on City athletic fields, with an average of 600-650 players each
year. Their resident player percentage is approximately 95%.
Over the years, BYBA has paid to add amenities to City parks in order to enhance their programs,
including batting cages at Bayside Fields and Washington Park; a scoreboard at Bayside Field
#1; storage sheds at Bayside Fields, Washington Park, and Cuernavaca Field; and ballfield and
dugout improvements including the new Field #5 at Bayside Fields.
Over the years, the City has had multiple agreements with BYBA for various improvements they
have made in City parks. The earliest agreement was signed in 1993, while the most recent
agreement was signed in 2004. As such, they are out of date and need to be updated to current
requirements and standards. For efficiency, staff determined that it was prudent to combine the
agreements into one agreement.
While this agreement covers improvements made to City parks and the maintenance and use of
those improvements, the rental use of the fields is not covered but continues through the Field
Use Policy.
Burlingame Youth Baseball Association Agreement January 2, 2018
2
DISCUSSION
The draft agreement, which was developed by Parks and Recreation Department staff, City
Attorney’s office staff, and BYBA Board members, covers use of facilities including batting cages,
concession stands, and storage sheds; the process for improvements; liabilities and
indemnifications; insurance requirements; emergency repairs; termination; etc.
City staff and the BYBA Board have agreed on all sections of the new agreement. The BYBA
Board, however, has requested that the Council waive permit fees for improvements (Section 6)
and reduce the surcharge from 10% to 5% for emergency repairs completed by the City (Section
12). The requests are highlighted in the attached proposed agreement.
FISCAL IMPACT
The average permit fee can vary depending on the project, but staff anticipates it to be no more
than $300 per permit. Because a surcharge fee has never been used before, it is not possible to
know the fiscal impact. Staff anticipates it to be minimal, however.
Exhibits:
• Resolution
• Draft Agreement
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME
AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH
BURLINGAME YOUTH BASEBALL ASSOCIATION
WHEREAS, Burlingame Youth Baseball Association (BYBA), a non-profit organization
established in 1992, has had a long relationship with the City; and
WHEREAS, BYBA provides organized baseball for youth ages 5-18 in seven different age
divisions on City athletic fields, with an average of 600-650 players each year and a 95% resident
player percentage; and
WHEREAS, over the years, BYBA has paid to add amenities to City parks in order to enhance
their programs, including batting cages at Bayside Fields and Washington Park; a scoreboard at
Bayside Field #1; storage sheds at Bayside Fields, Washington Park, and Cuernavaca Field; and
ballfield and dugout improvements including the new Field #5 at Bayside Fields; and
WHEREAS, the City has had multiple agreements with BYBA for various improvements they
have made, and staff determined that it was prudent to combine the agreements into one agreement.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BURLINGAME
DOES HEREBY RESOLVE AND ORDER AS FOLLOWS:
1. The City Manager is hereby authorized to execute the agreement.
________________________________
Michael Brownrigg, Mayor
I, Meaghan Hassel-Shearer , City Clerk of the City of Burlingame, do h ereby certify that the
foregoing Resolution was introduced at a regular meeting of the Burlingame City Council held on
the 2nd day of January, 2018, and was adopted thereafter by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
________________________________
Meaghan Hassel-Shearer, City Clerk
1
THE CITY OF BURLINGAME AND BURLINGAME YOUTH
BASEBALL ASSOCIATION
USE AGREEMENT
This USE AGREEMENT (hereinafter, "AGREEMENT”) is made and entered into
this ____ day of ________________, 2017, by and between the CITY OF
BURLINGAME (hereinafter, "CITY”) and BURLINGAME YOUTH BASEBALL
ASSOCIATION, a non-profit 501(c)(3) corporation (hereinafter, "BYBA”), who are
referred to as a “Party” or collectively the “Parties.”
R E C I T A L S
WHEREAS, CITY is the fee owner of Bayside Fields, Washington Park, and
Cuernavaca Park in the City of Burlingame; and
WHEREAS, the CITY and BYBA desire to enter into this AGREEMENT to allow
BYBA to use FACILITIES for recreational baseball use, concession sales, and storage.
NOW, THEREFORE, for and in consideration of the following terms and
conditions herein contained, the Parties hereto agree as follows:
1. TERM AND COMMENCEMENT
This AGREEMENT shall become effective upon execution and end on December 31,
2027, in order to provide a 10 year period for BYBA to amortize its annual capital
investments in field improvements. Tenant shall have the option, exercisable by written
notice to CITY not later than ninety (90) days prior to the expiration of the then current
Term, to extend the Term of this Agreement for three (3) further terms of five (5) years
each on the same terms and conditions as provided in this Agreement..
2. FACILITIES
This AGREEMENT covers BYBA’s use of three CITY-owned properties, which are
collectively referred to as FACILITIES. Each property has unique features and uses,
which are more particularly described in the attached exhibits.
• Bayside Fields, 1125 South Airport Blvd. (EXHIBIT A),
• Washington Park, 420 Carolan Ave. (EXHIBIT B)
• Cuernavaca Park, 3075 Alcazar Dr. (EXHIBIT C).
3. USE OF FACILITIES
2
a. BYBA shall have use of FACILITIES for baseball activities pursuant to the
terms of this AGREEMENT. BYBA is obligated to do the following:
i. Provide CITY staff with keys and/or codes for all buildings used by
BYBA on CITY property.
ii. Provide at least 24 hours’ notice to the City when vehicles will be
parked at the FACILITIES overnight, unless such vehicles are used in
construction, grading, and maintenance of the field.
iii. Provide all personnel necessary to supervise their activities. All BYBA
board members and coaches shall have completed background
checks.
iv. Furnish and supply all equipment and expendable materials which may
be necessary for their activities.
v. Prevent any nuisance, such as dust or noise, that might be created
affecting adjoining residential and/or other properties.
vi. Operate any public address system in accordance with the City of
Burlingame Municipal Code.
vii. Ensure that no signs/banners shall be erected or displayed on the
premises without the prior written approval of the Parks and Recreation
Director, which approval Parks and Recreation Director will not
unreasonably withhold in accordance with applicable City policies
and/or regulations.
viii. Ensure that there is no subletting of fields.
b. USE OF BATTING CAGES
BYBA shall have the exclusive control over the use of the Batting Cages and
CITY authorizes BYBA or its approved user to conduct batting practice in the
Batting Cages. When reasonably possible, City will give BYBA seven (7)
days’ notice of any upcoming special events or park closures that may affect
BYBA’s use of the batting cages. BYBA may permit CITY or other user
groups to use the facility for batting practice, at BYBA’s discretion, which will
not be unreasonably withheld, on a time available basis. All use of the Batting
Cage will be governed by the following rules:
i. The Batting Cage hours of operation shall be as follows:
a. Washington Park: The Washington Park Batting Cage
may only be used Monday to Friday from 8:00 a.m. to
9:00 p.m. and Saturday and Sunday from 9:00 a.m. to
9:00 p.m.
b. Bayside Fields: The Batting Cage at Bayside Fields may
only be used from Monday to Sunday from 8:00 a.m. to
9:00 p.m.
ii. The CITY may reasonably change the hours of operation based upon
neighborhood impact. Notice of any change in Batting Cage hours of
3
operation will be provided to BYBA in writing at least 30 days in
advance.
iii. A BYBA coach or Board Member must supervise minors who use the
Batting Cages.
iv. BYBA shall maintain the Batting Cage in accordance with all laws and
regulations and applicable safety standards. The roof, structure and
fence of the Batting Cages shall be kept in good repair and in an
attractive condition at all times. CITY shall have the right to enter upon
and inspect the Batting Cage, subject to reasonable advance notice, to
determine whether BYBA is complying with this lease and whether the
site is being maintained in a reasonably safe manner.
v. If BYBA fails to maintain or make repairs or replacements as required
herein, CITY may notify BYBA in writing of said failures. Should BYBA
fail to correct the situation with 60 days thereafter, Parks and
Recreation Director, may make, or cause to be made, the necessary
corrections and the cost thereof, including, but not limited to the cost of
labor, materials and equipment plus a 5% charge for CITY
administration of the repairs, shall be paid by BYBA with ten (10)
business days of receipt of a statement of cost from the Parks and
Recreation Director.
vi. The CITY shall be responsible for and shall pay, prior to delinquency,
any charges for utilities supplied to the Batting Cages.
c. USE OF CONCESSION STANDS
The CITY is the owner of the two (2) concession stands that may be used for
the sale of food and other items to participants and spectators. BYBA shall
operate the concession stands for the convenience of participants and
spectators. BYBA’s use of the concession stands under this Agreement is
limited to January 2nd to July 31st of each year this Agreement is in effect.
From August 1st through January 1st, all appliances will be unplugged and no
food storage will be permitted in the concession stands. From August 1st
through January 1st physical access to the concessions stands by BYBA
members and/or affiliates shall only be allowed with prior written permission
of City staff, which shall not be unreasonably withheld.
As the sole operator of the concession stands, BYBA agrees to the following:
i. BYBA will be allowed to utilize the concession stands at Bayside Fields
for the purpose of selling food and sundry items at games and special
events. No alcoholic beverages shall be sold. BYBA shall provide all
personnel and supplies at said concession stand.
ii. BYBA or its subtenant shall pay the City rent of $250.00 per year
payable on January 1st each year. This fee will cover all utilities,
4
including water, electricity, garbage, and other services associated with
the operation of the concession stands.
iii. BYBA or its subtenant must obtain permits and pay the fee required by
the San Mateo County Health Department and must meet all
requirements as set forth by the San Mateo County Health Department
for the operation of the concession stands.
iv. BYBA or its subtenant shall comply with any and all laws pertaining to
the operation of such concession facility.
v. BYBA or its subtenant shall maintain the interior of the facility and carry
insurance upon its contents and personnel in limits of at least
$1,000,000 per occurrence naming the City as additional insured.
vi. BYBA may sublet the concession stands to a private vendor, with
written permission from the Parks and Recreation Director, which
consent Parks and Recreation Director will not unreasonably withhold.
A private vendor must follow all of the terms and conditions of this
section 3(c) of this AGREEMENT. A private vendor will also be
required to obtain a City of Burlingame Business License. No private
vendor may operate a personal business out of FACILTIES or store
personal items in FACILITIES.
vii. Concession stands shall be kept in a clean and well-maintained
condition.
viii. The FACILITIES may not be used for any activities that do not directly
benefit BYBA.
d. USE OF STORAGE SHEDS
i. Only pre-fabricated units, approved by the Parks and Recreation
Director, or his or her designee, shall be placed on the FACILITIES.
BYBA shall contact, and make arrangements with appropriate CITY
staff to obtain supervision and guidance in the placement and/or
removal of the storage units.
ii. Storage units shall be kept in a clean and well maintained condition.
BYBA shall monitor and inspect the storage units on a regular basis
throughout the year and immediately remove any graffiti and/or make
repairs as needed. BYBA shall paint and/or repair any approved
storage units with 72 hours of being notified of needed painting or
repairs. This shall include painting and/or removal of graffiti.
iii. If BYBA has not taken corrective action for the painting or maintenance
of BYBA’s storage unit within the 72 hour time period set forth above,
the Parks and Recreation Director, or his or her designee, at his or her
sole discretion, shall take necessary steps to correct the non-
compliance through the use of CITY’S employees or the hiring of
contractors to perform the necessary work. BYBA shall reimburse
CITY for any costs incurred in taking this corrective action.
5
4. COMPLIANCE WITH ALL LAWS
BYBA, their members and participants, shall each comply with all the requirements,
statutes, and codes of all municipal, state and federal authorities and agencies now in
force, or which may hereinafter be in force, pertaining to the use of FACILITIES.
5. FEES
BYBA agrees to pay the approved per player, per hour and light fees adopted by the
Burlingame City Council as stated in the Master Fee Schedule, as amended.
6. IMPROVEMENTS
BYBA shall not remove, alter, construct, or add to the FACILITIES without the CITY’S
express prior written consent (no City fees shall be charged to BYBA for such
consents). Any such removal, alteration, construction or addition of any kind to
FACILITIES or grounds without the CITY’S written consent shall be a material breach of
this AGREEMENT. In the event of said material breach, CITY may either remove the
improvements at BYBA’s expense or CITY may retain such improvements at no cost.
BYBA must provide at least 60 day prior written notification to the CITY and receive
CITY’S written consent before making any alterations, additions, or improvements to
FACILITIES, which will be at BYBA’s sole expense, unless otherwise agreed upon in
writing. All alterations, additions, or improvements must comply with all applicable laws.
All permits must be obtained and signed off before any removal, alteration or
construction may begin (no City fees shall be charged to BYBA for such permits).
Whenever a physical structure is added to any of the FACILITIES, this AGREEMENT
shall be updated to describe the new structure.
7. DESTRUCTION OR DAMAGE TO FACILITIES
If for any reason there is any destruction or damage to the batting cages, storage
sheds, or concessions stands, then BYBA is responsible for their repair and/or
replacement unless, in the course of an investigation conducted by the City’s insurer, it
is determined conclusively that another party is responsible for such damage, in which
case that party shall bear the cost of repairs. This AGREEMENT does not confer any
legal responsibility on the CITY to repair or replace any structure for BYBA’s use under
the terms of this AGREEMENT.
8. NUISANCE ABATEMENT
CITY has the authority to abate any public nuisance created by BYBA’s performance of
the terms and conditions of this AGREEMENT and use of FACILITIES. BYBA must
reimburse CITY for all reasonable fees and costs associated with nuisance abatement
or code enforcement. The normal noises, odors, parking and crowds associated with
Commented [MG1]: Council decision
Commented [MG2]: Council decision
6
BYBA’s customary operation, maintenance and use of the FACILITIES shall not be
deemed a nuisance as defined in Burlingame Municipal Code section 1.16.010.
9. LIABILITIES AND INDEMNIFICATION
BYBA, shall defend, indemnify, hold free and harmless the CITY, its elected and
appointed officials, officers, attorneys, agents and employees, at BYBA'S sole expense,
from and against any and all claims, actions, suits or other legal proceedings brought
against the CITY, its elected officials, officers, agents and employees arising out of
BYBA'S operation, maintenance, and/or use of FACILITIES or its obligations under this
AGREEMENT. The defense obligation provided for hereunder shall apply without any
advance showing of negligence or wrongdoing by BYBA, its officers, employees,
volunteers and/or authorized subcontractors, but shall be required whenever any claim,
action, complaint, or suit asserts as its basis the negligence, errors, omissions or
misconduct of BYBA, its officers, employees, volunteers and/or authorized
subcontractors, and/or whenever any claim, action, complaint or suit asserts liability
against the CITY, its elected and appointed officials, officers, agents and employees
based upon the work performed by BYBA, its officers, employees, volunteers and/or
authorized subcontractors under this AGREEMENT whether or not BYBA, its officers,
employees, volunteers and/or authorized subcontractors are specifically named or
otherwise asserted to be liable. Under no circumstances shall the CITY be liable for the
defense or indemnification of BYBA for claims, actions, complaints or suits arising out of
the sole active negligence or willful misconduct of BYBA. BYBA shall not be liable for
damage or injury occasioned by the active negligence or willful misconduct of CITY or
its agents, contractors or employees.
CITY shall have no responsibility or liability for loss or damage of any personal property
placed or stored in any of the FACILITIES, including but limited to netting, pitching
machines, electrical cables, balls, player equipment, or other items.
10. ASSIGNMENTS AND SUBLEASE
Neither CITY nor BYBA may assign or transfer this AGREEMENT, or any part thereof,
without the written consent of the other Party.
11. NOTICES
All notices, statements, demands, requests, consents, approvals, authorizations,
appointments, or designations hereunder by either Party to the other will be in writing
and will be deemed given and served upon the other Party, if delivered personally or
three (3) days after depositing in the United States mail, postage prepaid, addressed to:
If to CITY: If to BYBA:
City of Burlingame
Attention: Parks and Recreation Director
Burlingame Youth Baseball Association
Attn: President
7
850 Burlingame Ave
Burlingame, CA 94010
Telephone: (650) 558-7300
E-Mail: mglomstad@burlingame.org
P.O. Box 1633
Burlingame, CA 94010
E-Mail: board@byba.us
12. EMERGENCY REPAIRS
CITY reserves the right to make, or cause to be made, necessary emergency repairs
and to access all FACILITIES for such purposes. When feasible, CITY shall provide
BYBA verbal or written notice of the need for an emergency repair. If BYBA does not
perform the repair within 24 hours of notice, then CITY shall handle the repair. BYBA
shall reimburse the CITY for the total cost of the repair, including labor, materials and
equipment, plus a 5% charge for CITY administration of the repair. BYBA shall
reimburse the CITY within ten (10) business days of receipt of an invoice.
13. TERMINATION
This AGREEMENT may be terminated, with or without cause, at any time by either
Party. BYBA shall provide 6 months written notice to the CITY. CITY shall provide 6
months written notice to BYBA. If CITY transfers ownership, or if part of or all of
FACILITIES is condemned, or access to FACILITIES is changed or limited, either Party
may, in its sole discretion, terminate this AGREEMENT as it relates to such facilities
without any liability by giving the other Party no fewer than 90 days prior written notice.
Upon termination, BYBA agrees to remove all signage and repair any damage caused
to FACILITIES to the extent such damage was not the result active negligence or willful
misconduct by the CITY or its agents, contractors or employees.
14. INSURANCE
BYBA shall obtain and maintain during the life of this AGREEMENT all of the following
insurance coverages:
i. Commercial general liability including premises-operations,
products/completed operations, broad form property damage,
blanket contractual liability, independent contractors, personal
injury with a policy limit of not less than Two Million Dollars
($2,000,000.00), combined single limits, per occurrence and
aggregate.
ii. Workers' compensation insurance as required by the State of
California
iii. Endorsements. The comprehensive general liability insurance
policy shall contain or be endorsed to contain the following
provisions concerning the CITY:
Commented [MG3]: Council decision
8
1. Additional insureds: BYBA, shall defend, indemnify, hold free
and harmless the CITY, its elected and appointed officials,
officers, agents and employees
2. Other insurance: "Any other insurance maintained by the City of
Burlingame shall be excess and not contributing with the
insurance provided by this policy."
iv. Certificates of Insurance: Upon execution of this AGREEMENT,
BYBA shall provide the CITY with certificates of insurance showing
the insurance coverages and required endorsements described
above.
15. SEVERABILITY AND APPLICABLE LAW
Whenever possible, each provision of this AGREEMENT will be interpreted in such a
manner as to be effective and valid under applicable law. If any provision of this
AGREEMENT is invalid under applicable law, such provision will be ineffective to the
extent of such prohibition or invalidity, without invalidating the remainder of such
provision, or the remaining provisions. This AGREEMENT has been made and entered
into in the State of California and the laws of said State will govern the validity and
interpretation hereof and the performance hereunder by the parties herein. Venue shall
be in San Mateo County.
16. WAIVER
The failure of CITY or BYBA to insist upon strict performance of any of the terms,
conditions, or covenants in this AGREEMENT will not be deemed a waiver of any right
or remedy which CITY or BYBA may have and will not be deemed a waiver of any right
or remedy for a subsequent breach or default of the terms, conditions, or covenants
herein contained.
17. BINDING EFFECT
This AGREEMENT and all the terms, covenants, conditions, and agreements herein
contained will be binding upon and inure to the benefit of the Parties hereto and their
respective successors and assigns.
18. NO PARTNERSHIP OR JOINT VENTURE
CITY and BYBA are not partners. Nothing herein contained shall be construed to
create a partnership or joint venture in any sense.
19. NONDISCRIMINATION
9
As provided by law, BYBA shall not employ any discriminatory practices in its
performance of the terms and conditions of this AGREEMENT, including its employment
practices or FACILITIES usage.
20. ENTIRE AGREEMENT
This AGREEMENT expresses the entire agreement between the Parties concerning the
subject matter of this AGREEMENT. There are no understandings, agreements,
representations, or warranties, express or implied, not set forth or specified in this
AGREEMENT. This AGREEMENT supersedes all other agreements, verbal or written.
This AGREEMENT may not be amended except in writing signed by both Parties.
IN WITNESS WHEREOF, the Parties have hereunto affixed their name by their officers
"hereunto duly authorized," on the day and year written above.
City of Burlingame,
A municipal corporation
_______________________________
Lisa K. Goldman
City Manager
Approved as to form:
_______________________________
Kathleen Kane
City Attorney
Burlingame Youth Baseball Association
_______________________________
Derek Johnson
Co-President
Attest:
_______________________________
Meaghan Hassel-Shearer
City Clerk
10
Exhibit A
Bayside Fields
Bayside Fields is located at 1125 South Airport Blvd. This 12 acre facility includes five
(5) ballfields, two (2) concession stands, two (2) batting cages and four (4) storage
units.
11
Batting Cages
The Batting Cage at Bayside Fields may only be used from Monday to Sunday
from 8:00 a.m. to 9:00 p.m.
Bayside Fields Batting Cages
12
Concession Stands at Bayside Fields
Bayside Fields Snack Shack #1
Bayside Fields Snack Shack #2
13
Bayside Fields Storage Unit
14
Bayside Fields Storage Unit
15
Exhibit B
Washington Park
Washington Park is located at 420 Carolan Ave. This 10 acre facility includes two (2)
ballfields, one (1) batting cage, and one (1) storage unit.
Washington Park Batting Cage
The Washington Park Batting Cage may only be used Monday to Friday from
8:00 a.m. to 9:00 p.m. and Saturday and Sunday from 9:00 a.m. to 9:00 p.m.
16
Washington Park Storage Unit
17
Exhibit C
Cuernavaca Park
Cuernavaca Park is located at 3075 Alcazar Drive. This 5 acre facility includes one (1)
ballfield and one (1) storage unit.
18
Cuernavaca Park Storage Unit