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HomeMy WebLinkAboutAgenda Packet - CC - 2016.05.02BURLI GAME City of Burlingame EURLINGAME CITY HALL 501 PRIMROSE ROAD BURLINGAIVE, CA 94010 Meeting Agenda - Final City Council Monday, May 2,2016 7:00 PM Council Chambers STUDY SESSION - 5:30 p.m. - Council Chambers a. Discussion of Devel opment of Lot E 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 l. 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 timit in light of the number of anticipated speakers. All votes are unanimous urress sep arately noted for the record. 1. CALL TO ORDER - 7:00 p.m. - Councit Chambers 2. PLEDGE OF ALLEGIANCE TO THE FLAG 3. ROLL CALL 4. REPORT OUT FROM CLOSED SESSION 5. UPCOMING EVENTS 6. PRESENTATIONS a.Presentation bv Youth Advisorv eommittee b. Presenlation bv Citize ns Environmental Council of "Cool C lifornia Citv" Award Proclamation for av as Bike Month 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 dudng this public comment period. The Ratph 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. c City ol Burfingame P.inted on 12812016 City Council Meeting Agenda - Final May 2, 2016 8. APPROVAL OF CONSENT CALENDAR consent calendal items are usually approved in a single motion, unless pulled tor separa,e d,scusslon. Anymemberofthepubticwishingtocommentonanitemtistedheremaydosobysubmiftingaspeaker slii for that item in advance of the Councit's considention of the consent calendar' a,Aooroval of Citv Coun cil Meetino Min utes Aoril 18 . 2016 Attachmenb: CiW Council iileetino Minutes b. Ado ofa lution the Burlin Down nO nce R to nd ift nan Title 2 Burli eMu Ch of Use al Ca dtoS ack R uirements within th eB r Mixed(Zoa inq Ordina nce) Rel BMU Ie Mi Use M H rd Mi Use U a aliforni ion of a Resolu Findinq that lm mentati of(CAR) Zonino Districts.and Ado the Amend nts Not R ult in n lm U n Env nment ration N D-555-P,Prepared Pursuant to the Cal rnraReported in Neqalive Decla Envi ntal attechments: E Staff ReDort Resolution - CEQA Resotution - Downtown Soecific Plan Amendmenl Ordinanc€ Citv uncil Statf rt - Aoril 1 8 2016 c Staff Report SuopDrt Letter Prooram Overview blic fl for of th Planni Co ission's A n and omm I Desi Rev rod. Set icati for iti ate N ati Decla New,Four-Story Office Buildin q al22 5 California Drive AltachI,ents:Staff Reoort Aooeal Letter a tio lution A vtn a om rehen nt wit Peni laSeo for the altrain El fication P roiect. and Authorizi theCorridor Joint P rs Boa Citv M anaoer to Ex ute the Aqreement attechments:Staff Report Resolution Comorehensive Aoreement Exhibits A and B Page 2 Printed on 4r2En016 F;;E;;l =;I-ar Butk Procu;-ment Prooram Coordinated bv the Business Councit on Climate Chanqe Attechfienls: Meeting Agenda - Final May 2,2016 g AdoDtion of a Resolution n0 the 2015 Street Resurfacino Proiect bv Interstate Gradino &Pavino. lnc.. Citv Pro No. 84160 Altachfients:Staff Reoort Resolution Final ss Pavment Proiect Mao AtTachments:Staff Reoort Pordolio Holdinos 3-31-16 \, 9. PUBLIC HEARTNGS (pubtic Comment) 11. COUNCIL COMMITTEE AND ACTIVITIES REPORTS AND ANNOUNCEMENTS Councilmembers report on committees and activities and make announcements. Printe.l on 4/28/201 6 City Council Adootion of a Resolution Approvinq a Professional Services Aoreement with Alta Plannino + Desiqn for Enoineerino Services Related to the California Drive Bicvcle Facilitv Feasabilitv Studv Proiect. and Authorizino the Citv Manaoer to Execute the Aoreement A,,achmeo.s, StaffReoort Resolution Professional Services Aoreement Proiect Location Mao h. Quarterlv lnvestment Report. Period Endinq March 31 . 2016 10. STAFF REPORTS AND COMMUNTCATTONS (pubtic Comment) a. Authorize the citv Manaoer to send a Letter to the stale Lands commission Conditionallv Withdra*ino the Citv's Aoolication for the State Lands Commission Parcel on the Bawront vvhile the citv Neqotiates with H&e Asia pacific for a HoteYPark Proiect on the Site Attachments: StaffReoort Draft letter b' Adootion of a Resolution of lntent to Amend the citv of Burlinoame Master Fee Schedule Effective Julv 1. 2016: and Set the Public Hearino for Such Amendment for June 6. 20'16 Atlachmerrls: StaffReoort Resolution Master Fee Schedule 2015 Burlinoame Fee Studv Reoort City Council Meeting Agenda - Final May 2,2016 12. FUTURE AGENDA ITEMS 14. ADJOURNMENT Notice: Any attendees wishing accommodations tor disaD,Tities please contact the city clerk at (650)558-1|03 at least 24 hours before the meeting. A copy ol the Agenda Packet is available for 'pubiic review at the City Cletu's office, CW Ha , 501 Pim@se Road, from 8:00 a.m. to 5:00 p.m- before the meeting and at the meeting. visil the city's weDsite at www.burlingame.org. Agendas and minutes are available at this site. NEXT CITY COUNCIL MEETING - Next City Council Meeting (Budget Study Session)wednesday,Mayll,2016,NextregularlyscheduledCityCouncilMeeting Monday, MaY 16, 2016 V|EwREGULARcoUNcILMEETINGoNLINEATWWW.BURLINGAME.oRG-GoTo.CITY COUNCIL VIDEOS" Any witings or documents provided to a maiority of the CW Council regading any item on this agLnda wit be made availabte for public inspection at the Water Office counter at City Hall at 501 Pimrose Road duing normal business hours. CityolBudingane Printed on 1na/2016 13. AGKNOWLEDGMENTS a. commission Meetinq Minutes: March 10. 2016 Traffic. safetv & Parkino commission z/a7fa"- CITY OF BURLINGAME Com mu nity Development Depa rtme nt MEMORANDUM DATE: FROM: SUBJECT: Apil27,2016 Mayor and City Council William Meeker, Community Development Director - (650) SSB-Z2S At the request of Burlingame park square LLc (Bps), the city councir conducted a studysession on February 1, 2016 to permit a discussion of Bps,s interest in purchasing parking LotE from the city, to be combined with deveropment of the former post office site at 22o pafu Road. To herp inform the councir of the deveroper's intent, conceptuar prans were reviewedwith the council and direction was provided to BPS to further refine the plans to enhance thepublic square aspect of the deveropment and to address concerns regarding parking for theamount of retail development proposed in the conceptual plan. Attached to this memirandumare revised conceptuar prans that wi be discussed at the upcoming May 2nd study session withBPS. Attachment TO; May 2, 2016 Study Session Materials - Burlingame park Square DevelopmenUParking Lot E As a reminder' the orimarv oumgse of the uocomino studv session is to determine if the citv willbe willino to oermit BpS to acouire tifle to parkino Lot E, rath"r thaninto hio-lling"te,, r""s"with the city for the property. BPS has informed staff and the Council that tee acqisition of theparking lot is necessary to permit financing of the mixed-use development which will includeresidential condominiums rather than residential rental units. Though staff understands the Citycouncil's interest in having a good sense of the composition of the deveropment, particurarry from a public amenities standpoint, ,, ,. 'roon.n, ro r"."ro"r,n", rn" a,* "orn",, ,; no, ,n ,n"position to aoprove the proiec{ devetopment at this point in tima-f th;;;;;;hes to vettino orocess (since it includes. a Qrlv asset) and the normal devetoomeniliiiiEmliGro"""" and environmentar anarvsis required for anv deveroomenGroiect or;;;;l;;;;;.itv. Conceptual Project plans - Burlingame park Square Agrenda Iten 8a Meeting DaEe: 5/2/16 BURLINGAME CITY COUNCIL Unapproved Minutes Regular Meeting on April 18, 2016 I. CALLTOORDER A duly noticed regular meeting of the Burlingame City Council was held on the above date in the City Hall Council Chambers. 2. PLEDGEOFALLEGIANCETOTH E FLAG The pledge of allegiance was led by Pat Giomi. 3. ROLLCALL MEMBERS PRESENT: Beach, Brownrigg, Colson, Ortiz MEMBERSABSENT: Keighran 4. REPO RT OUT FR OM CLOSED S SSION city Attorney reported that direction was given but no reportable action was taken 5. UPCONIINGEVEN TS Vice Mayor ftiz reviewed the upcoming events taking place in the City. 6. PRE TATIONS There were no presentations 7. PUBLIC CONINIENTS There were no public comments. 8. CONSENTCALENDAR Vice Mayor Ortiz asked the Councilrnembers and the public if they wished to remove any items from the consent calendar. councilmember colson removed item 8g from the consent calendar. councilmember Brownrigg made a motion to adopt items 8a, 8b, gc, gd, ge, gf, sh, gi, gj and gk; seconded by Councilmember Beach. The motion was approved unanimously by voice vote, 4-0. - 1 Burlingame City Council Unapproved Minutes April 18,2016 Agenda I ten 8a Meeting Date: 5/2/76 a. APPROVAL OF THE CITY COUNCIL MEETING IIIINUTES OF APRIL 4.2016 CC Hassel-Shearer requested Council approve the City Council Meeting Minutes of April 4,2016. b. ADOPTION OF AN ORDINAN CE ANIEND ING CHAPTER 13.36.020 OF THE BURLINGANIE NIUNIC IPAL CO DE TO ESTABLISH A'NO PARKING'RESTRICTION FRON{ 5:00 P.Nl. TO 7:00 P.llI.. I\IONDAY THROUGH FRIDAY.ALONG THE WEST SIDE OF THE 17OO BLOCK OF CALIFORNIA DRIVE DPW Murtuza requested Council adopt Ordinance Number 1925. c. ADOPTION OF AN ORDINANCE AMEND IN G CHAPTER 13.36.040 OF THE BURLINGANIE N{UNICIPAL CODE T O ESTABLISH A 2-HO UR PARKING LIMIT ON THE ISOO BLOCK OF CAROL A VENUE AND THE IOO BLOCK OF EAST CAROL AI'ENUE DPW Murtuza requested Council adopt Ordinance Number 1926. d. ADOPTIONOFARESOL UT ION AUTHORIZIN G THE CITY NIAN AGER TO NEGOT IATE AND EXE CUTE AN AGRE ENIENT \\'TTH HE BROADWAY AREA BUSINESS I]\TP ROVENIENT DISTRICT TO INSTALL IN-GROUND LIGHTS AS NEW TRE ES ARE PLANT ED ON BRO WAY Parks and Recreation Director Glomstad requested Council approve Resolution Numb er 25-2016. e. ADOPTION OF A RE SO LUTION AUT HORIZING THE CITY I\IANA GER TO EXECUTE AMENDNIENT N O.4 TO THE A GRE ENIENT BETWE EN THE CITY OF BURLINGANIE AND VB GOLF II FOR COND UCT OF GOLF OPE RATIONS AT THE BURLINGAN{E Parks and Recreation Director Glomstad requested Council approve Resolution Number 26-2016. f. ADOPTION OF A RESOLUTI ON APPROVING THE PROCUREM ENT OF MUSCO LED LIGHTING FIXTURES.ASSOCI ATED HARDW ARE AND CONT ROLLER FOR THE 1\IURRA Y FIELD LIGHT ING PROJECT.AND AUTHORIZIN G THE CITY I\TANAGER TO EXECUTE THE PURC HASE CONTRACT Parks and Recreation Director Clomstad requestd Council approve Resolution Numb er 27-2016. Burlingame City Council Unapproved Minutes 2 April 18,2016 GOLF CENTER Human Resources Director Loomis requested Council approve Resolution Number 28-2016. Councilmernber Colson thanked staff for their hard work and efforts in acquiring a new deferred compensation program for City employees. Councilmernber Colson asked SST Benefit Consulting representative Paul Hackleman the following three questions: (l) to highlight the features of the new agreements with MassMutual to provide deferred compensation services to City employees; (2) outline the final process for implementation and timing of the new agreements; and (3) outline how the ongoing monitoring of this program will work. Mr. Hackleman stated that under the MassMutual deferred compensation program, City employees could be assured that their money would be placed in funds with a 4 or5 moming star rating. As well, he explained that the fees and expenses that city ernployees had paid would dramatically decrease by 30-50%. Additionally, he stated that the website would be easier to use and City employees whether or not enrolled in the deferred compensation program would have access to financial planners at no charge. Mr. Hackleman stated that it would take about 3-4 months to roll City ernployees' deferred compensation plans into the new program. He added that City employees would be kept abreast of the timelini and given information about new opportunities under the MassMutual deferred compensation program. Lastly, Mr. Hacklernan stated that under the MassMutual deferred compensation program there would be arurual fund and performance reviews. Vice Mayor Ortiz opened up the item for public comment. No one spoke. Councilmernber Brownrigg asked how many employees are currently enrolled in the City's deferred compensation program. HR Loomis stated that almost all ernployees in the City have a deferred compensation plan. Councilmember Colson made a motion to adopt Resolution Number 28-2016; seconded by Councilmember Brownrigg. The motion passed unanimously by voice vote, 4-0. h. ADOPTION OF A RESOLUTION OF INT ENTION TO LEVY BROADWAY AVENUE BUSINESS IMPROVE NI ENT DISTRICT ASSE SSMENTS FOR FISC AL YEAR 2016-17 AND SETTING A PUBLIC HE A RING FOR MAY 16.2016:AND APPRO VING THE DISTRICT'S ANNUAL REPORT FOR 2 015-16 Finance Director Augustine requested Council approve Resolution Numb er 29-2016. Burlingame City Council Unapproved Minutes 3 April 18, 2016 Agenda I tem 8a Meeting Darue: 5/2/L6 g. ADOPTION OF A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN ADMINISTRATIVE SERVICES AGREEMENT AND AN INVESTMENT AGREEMENT WITH MASSMUTUAL LIFE INSURANCE TO PROVIDE DEFERRED COMPENSATION PROGRAM SERVICES TO CITY EMPLOYEES AND TO AUTIIORIZE THE CITY MANAGER TO EXECUTE AN AGREENIENT WITH RELIANCE TRUST COMPANY TO PROVIDE TRUSTEE CUSTODIAL SERVICES FOR THE DEFERR.ED COMPENSATION PLAN ASSETS Finance Director Augustine reported the notification to SBWMA of the City of Burlingame's commitment to participate in the franchise agreement extension negotiations with Recology San Mateo County. Assistant to the City Manager Blackbum requested Council approve the Revised FY2016-2017 Goal Seuing Implementation Action Plan. K. ADO PTION OF A RSOLUTION APPROVING AND AUT HORIZINGTHE CITY I\IANAGER TO EXECUTE AN AGREENIENT FOR PROFESSIONAL SERVICES INCLUDING WEBSITE DESIGN. DEVE LOPNTENT. INIPLENIE NTATION AND HOSTING SERVICES BETWEEN THE CITY O F BURI-INGANIE AND RELIANCE CONIN{UN ICATIONS. LLC Assistant to the City Manager Blackbum requested Council approve Resolution Number 30-2016. 9. PUBLICHEARINGS a. CONSIDERATION OF ANIEN D}IENTS TO CHAPTER 3(LAN D-USE) OF THE BURLINGANIE D OWNT OWN SPECIFIC PLAN.ANIEND NIENTS TO SETBACK STANDARDS IN THE HOWARD NII XE D USE (HNIU. N1YRTLE IIII XED USE (NINIU). BAYSWAT ER NIIXED USE GNIU). AND CLAI FO RNIA DRIVE A UTO ROW (CAR) ZONING DISTRICTS AS REFERENCED IN CHA PTERS 2s.33. 25.34. 25.3s.AND 2s.38 (RESPE CTIYELY) OF TIT LE 25 OF THE BURLINGAME IUUNICIPAL C ODE ZONING( ORDINANCE) Planning Manager Kevin Gardiner presented the staffreport requesting Council consider amendments to setback standards in the Howard Mixed Use (HMU), Myrtle Mixed use (MMU), Bayswater Mixed use (BMU), and Califomia Drive Auto Row (CAR) Zoning Districts as referenced in Chapters 25.33,25.34, 25.35, and 25.38 (respectively) of Title 25 of the Burlingame Municipal Code (Zoning Ordinance). Mr. Gardiner gave a briefoverview of the history of the Downtown Specific Plan. He explained that at the time the Downtown Specific Plan was created that HMU, MMU, BMU and cAR had residential and commercial properties. Accordingly, the City created mixed use zones and drafted regulations for these zones. Under the Downtown Specific Plan there were no specified side setback standards for the mixed use zones. Therefore, new developments could be built up to the property line with a zero setback. Mr. Gardiner explained that the expectation with the zero-setback standard was that ifthere were potential conflicts with adjacent existing uses, the matter could be reconciled through the Planning Commisiion's design review process. However, Mr. Gardiner explained that staffhas found that there is a need for fine tuning the development regulations to ensure compatibility and predictability between residential and commercial propertiei in these 4 Burlingame City Council Unapproved Minutes April 18,2016 Agenda I ten 8a Meeting Datue: 5/2/LG i. NOTIFICATION TO SBWMA OF THE CITY OF BURLINGAME'S COMMITMENT TO PARTICIPATE IN THE FRANCHISE AGREEMENT EXTENSION NEGOTIATIONS WITH RECOLOGY SAN MATEO COUNTY j. ADOPITON OF THE REVISED Fy 2016-2017 GOAL SETTING IMPLEMENTATTON ACTION PLAN Agenda Iten 8a Meeting Datue: 5/2/16 mixed zones. He gave examples of empty lots next to residential properties and explained that staff was seeing a need to establish side setback requirements as to allow the residential property owner full enjoyment of their lot. He stated that in reviewing this issue, staff discussed using R-3/R-4 side setback standards in HMU, MMU, BMU and CAR. He explained that side setbacks in the R-3/R-4 zones vary from 3 feet to 7 feet depending on lot width, and increase one foot for each floor above the first floor. Councilmernber Brownrigg asked what happens for residences that are also offices like the law offrce on Park Avenue. Mr. Gardiner stated that the Planning Commission went back and forth on this one and ultimately decided that it is the land use not the building form, which rules. Councilmernber Brownrigg gave a hypothetical that the City could be put in a situation where an individual developing a commercial property is told they need to abide by side setback rules because they are next to a residential property. However, if the next year the residential property is bought and developid into a commercial lot, it would not have to abide by side setbacks. Therefore, Councilmember Brownrigg asked if consideration was given to just mirror the setbacks on both sides ofa new development that way iven if the residential property is tom down a year later the same setbacks would apply. Mr. Gardiner stated that this was not discussed. Vice Mayor Ortiz asked City Clerk Hassel-shearer to read the title of the proposed ordinance. Councilmernber Beach made a motion to waive further reading and introduce the proposed ordinance; seconded by councilmember colson. The motion passed unanimously by voice vote,4-0. Vice Mayor Ortiz opened the item up for public comment. Burlingame resident Steve Kraus spoke about his concems on the amendments. Vice Mayor Ortiz closed the public hearing. Vice Mayor Ortiz directed City Clerk Hassel-shearer to publish notice at least five days before the next meeting. b. PUBLIC HEARIN G AND RESOLUTI ON OFTHE CI TY COUNCII,OF THE CITY OF BURLINGA}I E ADJUSTING THE ST ORNI DRAINAGE FEE FOR FISCAL YEAR 20I6.I7 BY 2.OOA BASED O N THE CPI FOR T H E SAN FRANCI SCO-OAKLAND .SAN JOSE. CA AREA AS PUBLISHED NIA RCH 16.2016 Finance Director Augustine presented her staff report asking for the adoption ofResolution Number 31- 2016. She explained that in any year, the square footage rate for impervious area can increase by an amount equal to the change in CPI, not to except 2o/o per year. Finance Director Augustine stated that the Bureau of 5 Burlingame City Council Unapproved Minutes April 18, 2016 Mr. Gardiner explained that stafftook the proposal of using R-3/R-4 standards in HMU, MMU, BMU and CAR to the Planning Commission. The Planning Commission decided that their main concem was looking at side setbacks between new developments and existing residential properties within these four zones. Accordingly, the Planning Commission recommends that Council adopt this ordinance which will set R-3/R- 4 side setback standards for new developments next to existing residential properties in HMU, MMU, BMU and CAR. Agrenda I teu 8a Meeting Date:. 5/2/16 Labor Statistics reported a CPI increase of 37o. Therefore, the rate increase for storm drainage fee would be capped, al2%o. Councilmember Colson asked how the City monitors and tracks the amount of impervious areas existing in a parcel. DPW Murtuza stated that staff reviews these areas when Foperty development occurs. Councilmember Colson asked about private home owners who do work that does not need to be permitted but decreases the amount of impervious area on their property. DPW Murtuza explained that the home owner would need to come to Public Works to petition for their fee to be decreased. Councilmernber Beach asked if there was any history ofnot raisin gthe feeby 2oh when CPI increased. Finance Director Augustine stated in FY 2011-12, the CPI was 1.5% so that was the cap. Councilmember Beach clarified that Council always goes to the cap. Finance Director Augustine replied in the affirmative. Councilmember Beach discussed who the stakeholders are in the storm drainage fee (Council, City and the residents of Burlingame) and asked ifthere were any other stakeholders Council should consider. Finance Director Augustine replied that the bond rating agencies look at the willingness ofCouncil to increase rates as needed. Councilmernber Beach asked if the Council didn't approve the increase the fee would the City need to pay the difference from the general fund. Finance Director Augustine replied in the affirmative. Vice Mayor Ortiz opened the public hearing for public comment. Burlingame resident Pat Giomi voiced her support for the increase. Vice Mayor Ortiz closed the public hearing. councilmember Brownrigg made a motion to adopt Resolution Number 31.2016; seconded by Councilmember Colson. The motion passed unanimously by voice vote, 4-0. IO. STAFFREPORTSANDCOMM UNICATIONS a. HOOVE R SCHOOL TRAFFIC AND PEDES TRIAN SAFETY I]II PROVENIENTS UPDATE DPW Murtuza presented his staff report on the Hoover School traffic and pedestrian safety improvements update. He stated that since receiving Council's direction to pursue the short term improvements, staff retained a consultant firm to perform the feasibility study for sidewalk improvements on Easton Drive and Summit Drive. As well, staff has been meeting with residents in the Hoover School area to seek their input and address their concems. He stated that staffis also coordinating with the School District and the Town of Hillsborough. DPW Murtuza explained the following three proposals for traffic circulation around the Hoover School: (l) prohibition of tums onto Summit Drive from either southbound Canyon Road or westbound Easton Drive during drop-off and pick-up periods, effectively making Summit Drive one-way during school drop-off and pick-up periods; (2) prohibition of westbound vehicles along Easton Drive, starting at Easton CircG during drop-off and pick-up periods, effectively making Easton Drive one-way at these times; and (3) no left-tum from Summit Drive to Easton Drive at the new traffic island, during drop-off and pick-up periods, which forces vehicles to head west down Easton Drive after exiting the school. He explained to Council where the siglage would be posted to alert individuals of the changes and stated that the signage would be put up in 6 Burlingame City Council Unapproved Minutes April 18,2016 Agenda f ten 8a Meeting Date: 5/2/L6 advance of the opening of the school. DPW Murtuza explained that message boards and police would also be used at first to ensure the public's awareness ofthe changes in traffic. DPW Murtuza explained that all the parking and access restrictions discussed above are recommended to be implemented as a pilot project. He stated that by issuing these changes through a pilot project the City and School District will have flexibility to make adjustments while monitoring the circulation and traffic when the school opens. DPW Murtuza discussed stafPs public outreach efforts. He stated that staffis working with the School District to conduct outreach to the affected neighborhoods and parents. As well, the school will be noti$ing parents regarding school routes, drop-offand pick-up locations. The School District's notifications will be done on a continued basis before school opens and during the new session. He explained that the school, city, police department and PTA will be meeting before school opens to discuss the restrictions, routes, drop-off and pick-up procedures. DPW Murtuza stated that staffwill continue to monitor the situation after the school opens and make recommendations for modifications as needed. Additionally, staffwill be conducting a feasibility study to explore sidewalk improvonents along Easton Drive and Summit Drive to encourage walking to school. Councilmernber Beach asked how the recommendations would affect the police department. Police Chief Wollman stated that it would be about educating the public on the new regulations, and also about training drivers in the beginning through wamings and outreach. Councilmember Beach followed up by asking iflhe police department would have officers helping to direct traffic at the beginning of the school year. Police Chief Wollman replied in the affirmative. Councilmember Colson asked if anyone talked to the trash collectors to ensure that the City's plan is not in conflict with their routes. DPW Murtuza replied that staffwas working on this. Councilmernber Colson asked about the individuals who live on Benito Drive and ifthey had been noticed in this matter. DPW Murtuza stated that staffwould make sure that Benito Drive residents received notification ofthe project. Councilmember Colson asked if the pilot program would be enforced in the summer. DPW Murtuza stated that the pilot program would only be enforced Monday-Friday when school is in session. Councilmember Colson asked about when the pilot program would start. DPW Murtuza stated that the signage would be in place along with message boards 2-3 weeks before school starts to get people adjusted to the changes. Councilmernber Colson asked if the City considered offering the residential permit parking program to areas around Hoover School. DPW Murtuza stated that the residential permit parking pro$am was originally envisioned for neighborhoods around downtown. However, there has been discussion about whether this program should be expanded. 7 Burlingame City Council Unapproved Minutes April 18,2016 Next, DPW Murtuza discussed the proposed parking restrictions. He stated that there would be no parking along the 2100 block of Summit Drive from Hillside Circle to Canyon Road, during school drop-off and pick-up periods. As well, there would be no parking along the north side of Easton Drive from the Easton Circle to the bridge east of 2812 Easton Drive. Agenda Iten 8a Meeting Dai'e: 5/2/L6 Councilmember Brownrigg asked if the sigrs would be specific to state that they are in effect only when school is in session. DPW Murtuza replied in the affirmative. Councilmember Brownrigg asked if there was a way to make the no right tum sigrage in lights. DPW Murtuza stated that staffwas looking at a variety of ways to address signage. However, he stated that residents had voiced their concem about lights in the neighborhood. Vice Mayor Ortiz asked if the City had a count of the number of cars they are expecting every moming. DPW Murtuza stated that there are approximately 170 students that will be attending Hoover School but the school may have staggered schedules. Vice Mayor Ortiz stated that with carpooling, students walking to school that he is hoping the problem will be a lot smaller than what the City is expecting. Councilmember Beach stated that she would be in favor of less signage and more temporary signage as the Hoover School neighborhood is a beautiful part of the City and she believes habits will form. She rerninded staff and council that what is important is what the city does next for long term improvements. Vice Mayor Ortiz opened the itern for public comment. Burlingame resident Pat Giomi suggested the City paint a stripe on the pavement to mark the route to the school. b. BICYCLE AND PEDESTRIAN AD VIS ORY CONINIITTEE GPAC)UPDATE DPW Murtuza presented his staff report on the Bicycle and Pedestrian Advisory Committee (BPAC) update. He stated that the purpose of this report was to provide feedback about the BPAC and propose its structure for the future. He explained the background of the BPAC. He stated that it is an ad-hoc committee that was formed over 10 years ago as part of the Transportation Development Act grant application process. He stated that originally the primary purpose of the committee was to provide input and support for potential grant-funded bicycle and pedestrian improvement projects. Currently, he explained the committee's format is informal and casual. He stated that the committee has become difficult to manage as there aren't clearly defined rules and subject matter for the committee to cover. He stated that this has resulted in a blurring of the original purpose ofBPAC and has increased staffs difficulty in managing agenda iterns, deliverables, and the implementation of outcomes. Moreover, DpW Murtuza explained that over time the committee has become a venue seeking input from the public about needed improvements for bicycles and pedesaians with less focus on its original intent ofgranrfunded proj ects. DPW Murtuza explained that as a result, staff is looking at how to restructure the committee so that it: (1) fosters a flexible working environment; (2) encourages public comment; (3) provides guidance to the Traffic, Safety and Parking Commission; and (4) has defined roles and responsibilities. Therefore, he explained that staffhad reached out to other cities and the Silicon Valley Bicycle Association to gather informaiion and a better understanding of the needs of the community. Accordingly, DPW Murtuza presented the draft charter to the Council for their approval. 8 Burlingame City Council Unapproved Minutes April 18, 2016 Agenda I ten 8a li[eeting Date:. 5/2/16 He explained that the proposed BPAC will have increased duties including input on the City's Capital Improvernent Projects where pedestrian and bicycle facilities may be impacted, participation in promotional events to increase bicycle and pedestrian awareness, input on Safe Routes to Schools, Safe Routes to Transit, and Complete Streets programs and projects. He went to explain that the proposed structure of BPAC will be a five-member committee comprised of two Traffic, Safety and Parking Commissioners and three public members. The committee will report to the Traffic, Safety and Parking Commission. He explained that initially staffis proposing that the committee will meet on a bi-monthly basis, with dates and times set by the Chair and staff. Councilmember Colson asked if BPAC would be subject to the Brown Act. DPW Murnrza replied in the affirmative. Councilmember Colson stated that she was worried that the free-flowing collaborative feel that BPAC currently had would go away if they were subject to the Brown Act. City Attomey Kane stated that the issue was because this wasn't a short-term (ad hoc) committee with limited focus the BPAC would be subject to the Brown Act. City Attomey Kane added that the benefit of this committee being subject to the Brown Act would be that meetings would have agendas so that the public would be aware ofissues and mafters and could comment on those of interest. Councilmember Colson agreed. Councilmember Beach asked if the formation of the committee would preclude the committee fiom holding study sessions to allow for a more open collaborative format. She explained further stating that the study sessions could be held to have more ofa back and forth communication between individuals who are interested and passionate about biking and walking in the community. City Attomey Kane replied in the affirmative. Councilmember Beach read the mission statement out loud and then stated that what was missing from the mission statement was the why. She asked staff and Council to consider rewriting the vision as:;.The City of Burlingame created the Bicycle and Pedestrian Advisory Committee to help improve the safety, convenience and enjoyment of walking and cycling in Burlingame." She stated that shofelt ihat this statement brought together the real issues that BPAC would be involved in. Councilmember Beach asked if the onus would be on staffto communicate a projecVissue to BPAC. DpW Murtuza stated that what staffenvisions is that staffand the Traffic, Safety and parking Commission would bring development issues to BPAC for its input. Councilmember Beach stated that the BPAC could advise on various projects that fall under Traffic, Safety and Parking Commission or Parks and Recreation Commission. DPW Murtuza replied in the affirmative. Councilmember Beach stated that she believed an important task for the BPAC would be to help the Traffic, Safety and Parking Commission prioritize bike and pedestrian projects. She also clarified the fihh duty in ' the charter stating it should be rewritten as: '?ecommend ways to improve pedestrian and cycling connectivity throughout the City." Councilmernber Brownrigg asked about the decision for the meetings to be every other month. DpW Murtuza said that this came down to resources. Councilmember Brownrigg asked if the proposed charter was going to be brought to the Traffic, Safety and Parking Commission for their input. DPW Murtuza replied in the affirmative. Councilmernber Brownrigg stated that his concem was that in formalizing the BPAC that the committee will lose some of its spontarielty 9 Burlingame City Council Unapproved Minutes Aprit 18, 2016 Agrenda I ten 8a Meeting Datce: 5/2/L6 and creativity. He also leant his support to Councilmember Beach stating that he agreed the mission statement should be re-written. Vice Mayor Ortiz stated that he agreed with Councilmember Beach that the mission staternent should be rewritten and agreed with her re-write of the fifth duty. He asked what the next steps were. DPW Murtuza replied that staffwould take into consideration Council's recommendations and present another draft to Traffrc, Safety and Parking Commission and the existing mernbers of the BPAC for their input. After which the matter would be brought back to Council. Councilmember Beach discussed the idea that either BPAC formalizes and obtains advisory authority or if they want to meet casually and not be subject to the Brown Act, they can do that but it won't be a City sanctioned committee. City Attomey Kane replied in the affrrmative. Councilmanber Beach stated she would be interested to hear what BPAC members and Traffrc, Safety and Parking Commissioners thought ofthe proposed structure. Burlingame resident Pat Giomi voiced her concern about formalizing the BPAC. I1. COUNCIL CONTMITTEE AND ACTIVITIES REPORTS AND ANNOUNCEMENTS Council reported on various events and committee meetings they each attended on behalfofthe City. 12. FUTURE AGENDA ITEI\{S There were no future items. I3. ACKNOWLEDGENIENTS a. NIONTHLY PE R}IIT ACTIVITY - NIARCH. 20I6 I4. ADJOURNNIENT Mayor Keighran adjoumed the meeting at 9: 13 p.m. Respectfirlly submitted, Meaghan Hassel-Shearer City Clerk Burlingame City Council Unapproved Minutes l0 April 18,2016 Vice Mayor Ortiz opened the item for public comment. MEETING DATE: May 2.2016 Date: May2,2016 From: William Meeker, Gommunity Development Director - (650) 558-7255 Adoption of a Resolution and an Ordinance Related to Amendments to Chapter 3 of the Burlingame Downtown Specific Plan and Title 25 of Burlingame Municipal Code (Zoning Ordinance) Related to Setback Requirements within the Bayswater Mixed Use (BMU), Myrtle Mixed Use (MMU), Howard Mixed Use (HMU) and California Auto Row (CAR) Zoning Districts, and Adoption of a Resolution Finding that lmplementation of the Amendments Will Not Result in an Adverse lmpact Upon the Environment as Reported in Negative Declaration ND-55$P, Prepared Pursuant to the California Environmental Quality Act (cEoA) The City Council should adopt the following resolutions by motion: A)A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME FINDING THAT ADOPTION OF AMENDMENTS TO CHAPTER 3 LAND.USE OF THE BURLINGAME DOWNTOWN SPECIFIC PLAN AND TO CHAPTERS 25.33, 25.34, 25.35 AND 25.38 OF THE BURLINGAME MUNICIPAL CODE RELATED TO SETBACKS IN THE BAYSWATER MIXED USE (BMU), MYRTLE MIXED USE (MMU), HOWARD MIXED USE (HMU) AND CALIFORNIA AUTO ROW (CAR) ZONTNG DTSTRTCTS W|LL RESULT tN NO STGN|F|CANT IMPACTS UPON THE ENVIRONMENT AS REPORTED IN NEGATIVE DECLARATION ND-555.P PREPARED PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEOA) B)A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME ADOPTING AMENDMENTS TO CHAPTER 3 LAND.USE OF THE BURLINGAME DOWNTOWN SPECIFIC PLAN, REVISING SETBACK STANDARDS IN THE BAYSWATER MIXED USE (BMU), MYRTLE MIXED USE (MMU), HOWARD AVENUE MIXED USE (HMU), AND CALIFORNIA DRIVE AUTO ROW (CAR) DISTRICTS 1 STAFF REPORT AGENDANO: 8b To: Honorable Mayor and City Council Subject: RECOMMENDATION Adoption - Seabacks in BMU, MMU, HMU and CAR Zones AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BURLINGAME AMENDING TITLE 25 OF THE BURLINGAME MUNICIPAL CODE (ZONING oRDtNANCE) C.S. 25.33 HMU (HOWARD MIXED USE), 25.34 MMU (MYRTLE MIXED USE), 25.35 BMU (BAYSWATER MIXED USE), AND 25.38 CAR (CALIFORNIA DRIVE AUTO ROW) DISTRICT REGULATIONS REVISING SIDE SETBACK REQUIREMENTS The City Council discussed the proposed amendments at a duly noticed public hearing on April 18, 2016. At that time the proposed ordinance was introduced with no changes. Resolutions memorializing the related amendments to the Burlingame Downtown Specific Plan and finding that implementation of the amendments will not result in adverse environmental impacts pursuant to the California Environmental Quality Act (CEaA) are attached herewith to complete the package of amendments as discussed on April 18h. None Exhibits: Resolution - CEQA Resolution - Downtown Specific Plan Amendment Ordinance April 18, 2016 City Council Staff Report (without attachments) 2 May 2, 2016 The City Council should adopt the following ordinance by motion: DISCUSSION FISCAL IMPACT c) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME FINDING THAT ADOPTION OF AMENDMENTS TO CHAPTER 3 LAND-USE OF THE BURLINGAME DOWNTOWN SPECIFIC PLAN AND TO CHAPTERS 25.33, 25.34,25.35 AND 25.38 OF THE BURLINGAME MUNICIPAL CODE RELATED TO SETBACKS IN THE BAYSWATER MIXED USE (BMU), MYRTLE MIXED USE (MMU), HOWARD MIXED USE (HMU) AND CALIFORNIA AUTO ROW (CAR) ZONING DISTRICTS WILL RESULT IN NO SIGNIFICANT IMPACTS UPON THE ENVIRONMENT AS REPORTED IN NEGATIVE DECLARATION (ND-555-P) PREPARED PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALIry ACT (CEOA) THE Clry COUNCIL OF THE CITY OF BURLINGAME hereby finds as follows: Section 1. Mitigated Negative Declaration (ND-555-P) was prepared and approved on October 4, 2010 in accordance with the California Environmental Quality Act (CEQA), and it was determined that with the mitigation measures proposed and incorporated into the Standard Conditions of Approval for all projects included in lhe Burlingame Downtown Specific Plan, therc are no potential significant environmental impacts from adoption of the Plan; and Section 2. lt has been determined that the proposed amendments lhe Burlingame Downtown Specrflc Plan and Title 25 of the Burlingame Municipal Code (Zoning Ordinance) related to setbacks within the BMU, MMU, HMU and CAR zoning districts are adequately evaluated pursuant to CEQA in Mitigated Negative Declaration adopted for the Plan, and that no further environmental analysis is required in advance of adoption of the amendments; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BURLINGAME THAT adoption of an amendments to Chapter 3 - Land-Use of the Burlingame Downtown Specific Plan and to Title 25 of the Burlingame Municipal Code (Zoning Ordinance) related to setbacks in the BMU, MMU, HMU and CAR zoning districts were adequately evaluated pursuant to CEQA in Mitigated Negative Declaration (MND) ND-555-P since the amendments do not materially alter the mix of land-uses policies evaluated in the MND, and that no further environmental analysis is required pursuant to the California Environmental Quality Act (cEaA). 1 RESOLUTTON NO._ Ann Keighran, Mayor RESOLUTION NO. l, 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 May, 2016 by the following vote: AYES: NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: Meaghan Hassel-Shearer, City Clerk 2 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME ADOPTING AMENDMENTS TO CHAPTER 3 LAND.USE OF THE BURLINGAME DOWNTOWN SPECIFIC PLAN, REVISING SETBACK STANOARDS IN THE BAYSWATER MIXED USE (BMU), MYRTLE MIXED USE (MMU), HOWARD AVENUE MIXED USE (HMU), AND GAL|FORNTA DR|VE AUTO ROW (CAR) DISTRICTS THE CITY COUNCIL OF THE CITY OF BURLINGAME HEREBY FINDS WHEREAS, on October 4, 2010, the City Council adopted the Burlingame Downtown Specific Plan; and WHEREAS, properties in the Bayswater Mixed Use (BMU), Myrtle Mixed Use (MMU), Howard Avenue Mixed Use (HMU), and Califomia Drive Auto Row (CAR) districts do not have specified side setback standards; and WHEREAS, situating a new building on a property line abutting an existing residential use could be detrimental to the welfare of the respective residential use; and WHEREAS, Table 3-2 of the Downtown Specific PIan included unintentional scrivener's errors in the R-3 and R-4 district side setback standards and Myrtle Mixed Use rear setback standards; and WHEREAS, the Planning Commission has recommended an amendment to Chapter 3 - Land Use of the Plan Table 3-2 and Chapters 25.33, 25.34,25.35 and 25.38 of the Burlingame Municipaf Code to apply R-3 and R-4 side setback standards as outlined in Chapters 25.28.075 and 25.29.075 to the property lines(s) of new development projects that abut a property with an existing residential use in the Bayswater Mixed Use (BMU), Myrtle Mixed Use (MMU), Howard Avenue Mixed Use (HMU), and California Drive Auto Row (CAR) districts, as follows (changes shown in italics): 1 WHEREAS, the lack of side setback requirements could allow a new building to be built on the property line with a zero setback; and RESOLUTTON NO._ TABLE 3-2 - DEVELOPMENT STANDARDS (EXCERPT) *' Lots 42' wide or /ess = 3 feet; Lots wider than 42', but less than 51' = 4 feet; Lots 51' wide or more, but less than 54' = 5 feet; Lots 54' wide or more, but less than 61' = 6 feet; Lots over 61'wide and over = 7. ln addition: (a) Minimum side setback for condominium developments shall be 5 feet; (b) the side setback requirement shall be increased one foot for each floor above the first floor; (c) the erterior side setback for any dwelling on a corner lot shall be 7 % feet fot a building of 2 stories or less and increase one foot for each additional story; and (d) public building, church, library, museum or other similar use, either governmental or private, shall be set back at least ten (10) feet from all lot lines. WHEREAS, the City Council considered the Planning Commission's recommendation at a duly noticed public hearing on April 18, 2016 and conculred with the proposed amendment. NOW, THEREFORE, BE lT RESOLVED that the City Council hereby adopts the amendments to the Chapter 3 - Land Use of lhe Burlingame Downtown Specific Plan as described herein. Ann Keighran, Mayor 2 Development Standard Myrtle Road Mixed Use Area R-3 District R-4 Base District R.4 lncentive District Bayswater Mixed Use Area Front Setback -10 feet 15 feet 'l 5 feet 1 5 feet 10 feet Front Build-To 0 feet 0 feet Side Setback - Minimum 0 feet**.0 feet"*l&feet 3-7 feet* l$feet 3-7 feet*' l+feet 3-7 feet-*0 feet*** Rear Setback -20 feet 20 feet 20 feet 20 feet *-R-3/R-4 sde setback standards shall apply to property lines(s) uth an existing residential use on the abutting prcperty. Howard Avenue Mixed Use California Drive/ Auto Row 0 feet*'* 20 feel RESOLUTTON NO._ l, 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 2n day of May 2016, by the following vote: AYES: NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: Meaghan Hassel-Shearer, City Clerk oRD|NANCE NO. _ The City Council of the City of Burlingame hereby ordains as follows Division 1 Factual Background WHEREAS, Title 25 of the Burlingame Municipal Code (Zoning Ordinance), Chapter 25.33 (Howard Mixed Use), Chapter 25.34 (Myrtle Mixed Use), Chapter 25.35 (Bayswater Mixed Use), Chapter 25.38 CAR (California Drive Auto Row) zoning classifications currently do not require a side setback from adjacent properties.; and WHEREAS, the lack of a required setback in these zoning classifications would permit new structures to be placed up to the side property line of adjacent sites developed with residential uses, and could negatively impact the use and enjoyment of these existing developed residential properties; and WHEREAS, the Burlingame Planning Commission considered amendments to the side setback requirements for the HMU, MMU, BMU, and CAR zones at public hearings held on July 27 , 2015, October 26, 2015 and January 25, 2016; and WHEREAS, following a duly noticed public hearing on January 25, 2016, the Burlingame Planning Commission recommended that the side setbacks within the HMU, MMU, BMU, and CAR zoning classiflcations be amended to require side setbacks to enhance the compatibility between new development within the zones and existing residential land uses on adjacent properties; and WHEREAS, after considering all written and oral testimony presented at the April 18, 2016 public hearing regarding the proposed amendments, the City Council introduced an ordinance, by title only, waiving further reading. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BURLINGAME DOES ORDAIN AS FOLLOWS: Division 2. The Burlin game Municipal Code, Title 25 - Chapters 25.33 Howard Mixed Use (HMU), 25.34 Myrtle Mixed Use (MMU), 25.35 Bayswater Mixed Use (BMU), and 25.38 California Drive Auto Row (CAR) are amended as follows (amendments are shown in italics): AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BURLINGAME AMENDING TITLE 25 OF THE BURLINGAME MUNICIPAL CODE (ZONING oRDINANCE) C.S.25.33 HMU (HOWARD MTXED USE),25.34 MMU (MYRTLE MtxED USE),25.35 BMU (BAYSWATER M|XED USE), AND 25.38 CAR (CALIFORNIA DRIVE AUTO ROW) DISTRICT REGULATIONS REVISING SIDE SETBACK REQUIREMENTS WHEREAS, the City Council of the City of Burlingame conducted a duly noticed public hearing on April 18, 2016 at which it considered the Planning Commission's January 25,2016 recommendalion regarding side setbacks in the HMU, MMU, BMU and CAR zoning classifications; and 1 oRDTNANCE NO. _ Chapter 25.33 HMU (HOWARD MIXED USE) DISTRICT REGULATIONS 25.33.060 Setbacks and Build-To Lines. (a) El Camino Real. There shall be a ten (10) foot buildto line along El Camino Real. A minimum of sixty (60) percent of the structure shall be located at the buildto line. (b) Except for properties fronting on El Camino Real, the front wall of the first story of any structure shall have no minimum front setback, and a minimum of sixty (60) percent of the structure shall be located at the front property line. (c) There shall be no minimum side or rear setback, except properties with side or rear setbacks along El Camino Real. (d) R-3 srUe setback standards (see Section 25,28.075) shall apply to propefty lines(s) with an existing rcsidential use on the abufting property. Chapter 25.34 MMU (MYRTLE ROAD MIXED USE) DISTRICT REGULATIONS 25.34.060 Setbacks. (a) Front. There shall be a minimum front setback of ten (10) feet. (b) Side. There shall be no minimum side setback, except for properties with an existing residential use on the abufting property. (c) Rear. There shall be a rear setback of twenty (20) feet. (d) R-3 srde setback standards (see Sectlon 25,28.075) shail apply to propefty lines(s) with an existing residential use on the abutting propefty. Chapter 25.35 BMU (BAYSWATER MIXED USE) DISTRICT REGULATIONS 25.35.060 Setbacks. (a) El Camino Real Setback. There shall be a minimum twenty (20) foot setback along El Camino Real. (b) Front. With the exception of properties with El Camino Real frontage, there shall be a minimum front setback of ten (10) feet. (c) Side. There shall be no minimum side setback, except properties with srde setbacks along El Camino Real or for prcperties with an existing residential use on the abutting propefty. (d) Rear. There shall be a rear setback of twenty (20) feet. (e) R-3 srde setback standards (see Sectio/l 25,28.075) shall apply to property lines(s) with an existing residential use on the abutting property. 2 Chapter 25.38 CAR (CALIFORNIA DRIVE AUTO ROW) DISTRICT REGULATIONS 25.38.060 Setbacks and Build-To Lines. (a) The front wall of the first story of any structure shall have no minimum fronl setback, and a minimum of sixty (60) percent of the structure shall be located at the front property line. (b) There shall be no minimum side or rear setback, except R-3 slde setback standards (see Secllon 25,28.075) shall apply to propetty lines(s) with an existing residential use on the abufting property. Division 3. This ordinance, or a summary as applicable, shall be published as required by law and shall become effective 3Odays thereafter. Ann Keighran, Mayor l, Meaghan Hassel-Shearer, City Clerk of the City of Burlingame, do hereby certify that the foregoing ordinance was introduced at a regular meeting of the City Council held on the 18h day of April 20'16, and adopted thereafter at a regular meeting of the City Council held on the 2nd day of May 2016, by the following vote: AYES: NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: Meaghan HasselShearer, City Clerk 3 oRDTNANCE NO. _ STAFF REPORT MEETING OATE: Apdl 18,2016 To:Honorable Mayor and City Council Date: April 18,2016 From: William Meeker, Community Oevelopment Director - (650) 558-7255 Subject:Consideration of Amendments to Chapter 3 (Land-Use) of the Burlingame Downtown Specific Plan, Amendments to Setback Standards ln the Howard Mixed Use (HMU), Myrtle Mixed Use (MMU), Bayswater Mixed Use (BMU), and California Drive Auto Row (CAR) Zoning Districts as Referenced in Chapters 25.33, 25.U, 25.35 and 25.38 (Respectively) of Title 25 of the Burlingame Municipal Code (Zoning Ordinance) 1. Request the City Clerk to read the title of the following ordinance: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BURLINGAME AMENDING TITLE 25 OF THE BURLINGAME MUNICIPAL CODE (ZONING oRD|NANCE) C.S. 2s.33 HMU (HOWARD MIXED USE), 25.34 MMU (MYRTLE MIXED USE), 25.35 BMU (BAYSWATER MIXED USE), AND 25.38 CAR (CALIFORNIA DRIVE AUTO ROW) DISTRICT REGULATIONS, REVISING SIDE SETBACK REQUIREMENTS By motion, waive further reading and introduce the proposed ordinance Conduct a public hearing on the proposed ordinance. Following closure of the public hearing, discuss the proposed ordinance and determine whether to bring it back for adoption at a future meeting. Direct the City Clerk to publish a summary of the ordinance at least five days before proposed adoption. lf introduced, lhe ordinance, along with a resolution verifying that the actions of the City Council are in compliance with the provisions of the California Environmental Quality Act (CEQA) and a resolution memorializing the amendments to the Downtown Specific Plan, will be presented for adoption at the May 2,2016 regular meeting of the City Council. 1 AGENDA ITEN4 NO: RECOMMENDATION The City Council should: 2. 3. 4. 5. HMU, MMU, BMU and CAR Side Sefbacks and DSP Amendments Aptil 18, 2016 The Downtown Specific Plan was adopted in October, 2010. Since that time, reviews of proposed projects and inquiries from potential applicants have identified particular aspects of the development regulations that create challenges for applicants or neighboring properties. Of those, one that has caused particular concern has been setback standards in mixed use districts creating potential conflicts with existing residential uses. Key to consideration of proposed specific plan and zoning changes is to ensure that property owners retain rights provided under the cunent standards, while ensuring that the changes in zoning provide greater direction in terms of providing compatibility with existing residential uses. Properties in the Bayswater Mixed Use, Myrtle Mixed Use, Howard Mixed Use, and California Drive Auto Row districts do not have specified side setback standards. The lack of side setback requirements would allow a new building to be built on the property line with a zero setback. The intent of the standard was to promote a development pattern more characteristic of a downtown district, where buildings are typically built to the property lines. The standard was also intended to conect instances where existing buildings with nonconforming setbacks would become conforming, thereby more easily allowing those buildings to be maintained and improved. When the Speciflc Plan was drafted, the expectation with the zero-setback standard was that if there were potential conflicts with adjacent existing uses, the matter could be reconciled through the Planning Commission's rigorous design review process. However in practice it has created uncertainty for applicants and adjacent property owners alike, particulady where there is an interface with existing residential uses. The potential conflicts between existing residential uses and new commercial or mixed use buildings appear to be of greatest concern in the Bayswater and Myrtle Mixed Use districts since these areas consist of a variety of land uses and building scales. However there could also be some instances of conflicts in the Howard Mixed Use and California Auto Row districts. A potential resolution for this issue could be to apply the City's existing R-3/R-4 side setback standards to the edge(s) of a new project that abut an existing residential use. Side setbacks in the R-3 and R-4 zones vary from 3 feet to 7 feet depending on lot width, and increase one foot for each floor above the first floor. For condominiums, the minimum side setback is 5 feet. Table 2 BACKGROUND While the City is engaged in an update of its General Plan that could lead to amendments to its various specific plans (including the Downtown Specific Plan), that process is still in early stages. The full process to update both the General Plan and Zoning Ordinance is expected to take two to three years. Meanwhile the City Council may wish to consider potential amendments to the Downtown Specific Plan and associaled chapters of the Burlingame Municipal Code if they are relatively minor but still consistent with the overall vision, goals, and policies of the Specific Plan. More substantial amendments representing more significant changes to the goals and policies of the plan (should any be proposed) will occur as an outcome of the General Plan Update. DISCUSSION HMU, MMU, BMU and CAR Side Setbacks and DSP Amendments April 18, 2016 1 (below) outlines setback zoning regulations for the mixed use zones and the R-3/R-4 zones. This approach would also be consistent with standards that applied prior to the implementation of the Downtown Specific Plan, when the areas were zoned C-1. At that time residential projects in the C-1 district were required to adhere to the R-4 development standards. Setbacks that were not abutting existing residential could revert to the zero-setback standard. TABLE 1: SETBACK STANDARDS COMPARISON No minimum No minimumCalifornia Auto Row (cAR) . No minimum. Minimum of 60% of structure shall be located at front property line 20 feetEl Camino Real - minimum 20 feet Front - minimum 10 feet (except El Camino Real properties) No minimum No minimum, except properties with rear setbacks along El Camino Real El Camino Real - 10 foot build-to line along El Camino Real; minimum of 60% of structure shall be located at the build{o line Front - no minimum (except El Camino Real properties); minimum of 60% of structure shall be located at front property line No minimum, except properties with side setbacks along El Camino Real Howard Mixed Use (HMU) 20 feetMyrtle Mixed Use (MMU) Minimum of 10 feet 3 Zone I Front Setback Side Setback Rear Setback Bayswater Mixed Use (BMU) No minimum HMU, MMU, BMU ancl CAR Sicte Sefbacks ard DSP Amendmenls April 18, 2016 Rear Setback Lines (in feet). 1and2story= 15o More than 2 stories = 20 Minimum 15 feet from lot front lf 40o/o ot more of frontage upon one side of a block is developed with structures the front setback line for any new structure shall be the average of the actual front setback of such existing structures, if such average exceeds 15 feet. Such measurement shall be to the front wall or to any projection of the existing structure. Side Setback Lines (in feet). Lots 42' wide or less = 3. Lots wider than 42', but less than 51'= 4. Lots 51' wide or more, but less than 54' = 5. Lots 54' wide or more, but less than 61' = 6. Lots over 61' wide and over = 7 The minimum side and rear setback lines shall be as follows; if front and rear lot lines are unequal their average shall be the width at the midpoints of the 2 side lot lines:. Minimum side setback for condominium developments shall be 5 feet.o The side setback requirement shall be increased one foot for each floor above the first floor.o The exterior side setback for any dwelling on a corner lot shall be 7 Yz feet for a building of 2 stories or less and increase one foot for each additional story.. A public building, church, library, museum or other similar use, either governmental or private, shall be set back at least ten (10) feet from all lot lines. Front setbacks on certain streets:. There shall be a minimum front setback of 10 feet on all buildings constructed on lots which front on Primrose Road, between Howard and Bayswater Avenues. There shall be a minimum setback of20 feet on all buildings constructed on El Camino Real. R-3 and R-4 Planninq Commission Review: The Plannin g Commission reviewed the mixed use setback standards as a study ltem at its July 27,2015 meeting, and as an action ltem at its October 26, 2015 and January 25, 2016 meetings. ln the meetings there was general consensus that applying the City's adopted R-3/R-4 side setback standards to the edge(s) of a new project abutting an existing residential use could have merit and should be recommended to the City Council (see Planning Commission meeting minutes excerpts, attached). This would require amendments to Table 3-2 in the Downtown Specific Plan, as well as amendments to Chapters 25.33, 25.34, 25.35, and 25.38 of the Burlingame Municipal Code. The amendments recommended by the Planning Commission are shown below (amendments are shown in ):underlined italic 4 Zone Front Setback Side Setback Rear Setback HMU, MMU, BMU and CAR Side Setbacks and DSP Amendments (a) El Camino Real. There shall be a ten (10) foot build{o line along El Camino Real. A minimum of sixty (60) percent of the structure shall be located at the buildto line. (b) Except for properties fronting on El Camino Real, the front wall of the first story of any structure shall have no minimum front setback, and a minimum of sixty (60) percent of the structure shall be located at the front property line. (c) There shall be no minimum side or rear setback, except properties with side or rear setbacks along El Camino Real. @ R-3 slde setback standards /see Sectlon 25.28.07d shall aoolv to oropertv linesld with an existinq residential use on the abuftine propefty. Chapter 25.34 MMU (MYRTLE ROAD MIXED USE) DISTRICT REGULATIONS 25.34.060 Setbacks. (a) Front. There shall be a minimum front setback of ten (10) feet. (b) Side. There shall be no minimum side setback,exceDt for properties with an existino residential use on the abuftinq propertv. Rear. There shall be a rear setback of twenty (20) feet(c) (d)R-3 srde setback standards fsee Secflon 25.28.075'l shall aDDlv to DroDertv lines(d with an existinq residential use on the Drooeriv. Chapter 25.35 BMU (BAYSWATER MIXED USE) DISTRICT REGULATIONS 25.35.060 Setbacks. Chapter 25.38 CAR (CALIFORNIA DRIVE AUTO ROW) DISTRICT REGULATIONS 25.38.060 Setbacks and Build-To Lines. (a) The front wall of the first story of any structure shall have no minimum front setback, and a minimum of sixty (60) percent of the structure shall be located at the front property line- (b) There shall be no minimum side or rear setback, except R-3 slde serback sfandards /see Section 25.28.070 shall applv to propertv lineskl with an existino residential use on the abuttinq propeftv. 5 Apfl 18, 2016 Chapter 25.33 HMU (HOWARD MIXED USE) DISTRICT REGULATIONS 25.33.060 Setbacks and Build-To Lines. (a) El Camino Real Setback. There shall be a minimum twenty (20) foot setback along El Camino Real. (b) Front. With the exception of properties with El Camino Real frontage, there shall be a minimum front setback of ten (10) feet. (c) Side. There shall be no minimum side setback, except propefties with side setbacks alono El Camino Real or for properties with an existino residential use on the abuftinq propertv. (d) Rear. There shall be a rear setback of twenty (20) feet. (e) R-3 side setback standards (see Section 25,28.0751 shall applv to propeftv lines(d with an existino residential use on the abuttino propertv. HMU, MMU, BMU and CAR Side Selbacks ard DSP Amendments Apd 18, 2016 Correction of Downtown Specific Plan Scrivener's Errors.'The review of the side setback standards also identified some "scrivener's errors" that have been discovered in the Downtown Specific Plan. Table 3-2 of the Downtown Specific Plan includes the following inconsistencies with the corresponding zoning standards: The R-3 and R-4 standards shown indicate a side setback of 10 feet. However these standards were not included in the zoning code amendments that were prepared to implement the Downtown Specific Plan in 201'1, and staff believes the R-3/R-4 side setback standards as shown on Table 3-2 were an error, particularly because they apply to areas of the downtown that were already zoned R-3/R-4 and for which the expectation was the development standards would not be changing. The Myrtle Mixed Use standards do not indicate a rear setback. However Chapter 25.34 of the Zoning Code indicates a rear setback of 20 feet. Given that the Specific Plan describes the Myrtle Mixed Use zone as "a buffer between the downtown commercial district and the residential neighborhoods to the east" staff believes the lack of a rear setback standard in Table 3-2 was an error. These inconsistencies have been discovered through pre-application review of proposed projects in the respective districts. Staff believes these to be "scrivener's errors," defined as a clerical error in a document. These errors may be corrected at the same time as amendments to the Downtown Specific Plan for mixed use district side setback standards. The exhibit below indicates the scrivener's errors on Table 3-2: f.,-)t: ,-, '(: ,.. ),^ ( cto C66EE.rEd6A.dr66lCdaF@fgaut n J.-'Il dd .6d6?Fn i*.At 5{t@@ b6dr lnlt d, t FdrEd sDreh t 'FoJ 9l'dE3 . ftEaq llEE ud s-. d.6r:ds rrt @@,!E.!cai5.!-atis dt.+.! e.rs.@ drl -&drl G i.. p':id lL itui6 ' b 16!r& ] nE* 6el 6au* t?6 5a i5 rrrh 1 Fqd Ur tatEB LIEE mi6 !tl' Bds qn 6 T.{ALE '.2 . DEIELOPMEIiT ST-T\DAN.DS Ixrl I N/^ L l:r50.{ft | HMU, MMU, BMU anct CAR Sicle Serbacks and DSP Amendments April 18, 2016 None. Exhibits: FISCAL IMPACT Proposed Ordinance Downtown Specific Plan - Planning Areas Planning Commission Meeting Minutes - January 25,2016 Planning Commission Meeting Minutes - October 26, 201 5 Planning Commission Meeting Minutes - July 27 , 2015 7 STAFF REPORT AGENDANO: 8c MEETING DATE: May 2,2016 To:Honorable Mayor and City Council Date: May2,2016 From: Sigalle Michael, Sustainability Coordinator - (650) 558-7261 Subject: Approval of a Letter Authorizing the City's Participation in the Peninsula SunShares Residential Solar Bulk Procurement Program Coordinated by the Business Council on Climate Change The City Council is asked to authorize the Mayor to sign a letter on behalf of the City of Burlingame committing to participation in the Sunshares Residential Solar Bulk Procurement Program that is being coordinated by the Business Council on Climate Change (BC3). BACKGROUND BC3 is acting as lead agency in the Peninsula SunShares program, an effort to reduce the cost and complexity of residential solar installations by soliciting through a Request for Proposals to solar vendors for bulk pricing that private property owners can choose to access through contracts between themselves and the selected solar vendor(s). By offering pre-negotiated pricing, ease of administration, and public outreach, it is hoped that residents will choose to install solar technology at a higher rate than without the program. ln addition, the program will include a component aimed at reducing the complexity and cost of purchasing electric vehicles (EVs). The City completed a Peninsula SunShares program in the summer of 20 15. At that time, the City of Foster City acted as the lead agency and contracted with the non-profit Vote Solar to serve as the program administrator. The San Francisco Business Council on Climate Change (BC3) is taking over as the new non-profit home for SunShares in the Bay Area. BC3 previously ran a SunShares campaign in San Francisco parallel to the Peninsula SunShares program last year. BC3 is a network of large companies and agencies working to reach San Francisco's climate action goals. During the 2015 Peninsula SunShares program, Burlingame had one of the highest participation rates in the program, coming in second to Palo Alto among the 13 participating cities. ln Burlingame alone, 127 homeowners registered for a solar audit, and 16 projects were installed. Another run of the Sunshares program would enable additional Burlingame property owners to explore and participate in the program. 1 RECOMMENDATION DISCUSSION Peni ns u I a S un S h a re s P rog ra m May 2, 2016 BC3 is planning to run SunShares campaigns in San Francisco, the East Bay, and the Peninsula this summer. They aim for these €mpaigns to include a discount EV program as well as information on renewable energy options available to renters. BC3 piloted the EV discount program in San Francisco, where they offered residents a purchase price of $12,500 for a new Nissan Leaf EV, a significant discount for such a vehicle. This year, BC3 hopes to sign on Nissan, Chevy, and BMW for the EV discount program. BC3 will develop and issue the Request for Proposals to solar vendors and will conduct outreach to and directly interface with both the public participants and with the selected solar vendor(s) during the active registration period. BC3 will provide this service at no cost to the partner agencies. ln the attached letter drafted for the Mayor's signature, the City of Burlingame commits to directly contacting residents, members of the business community and City employees to promote the program. For example, contacts may be made through utility billing, business licensing, permitting, and the City's e-newsletter, which currently has approximately 6,000 subscribers. BC3 also intends to offer an education and outreach component of the Sunshares program with free educational workshops and webinars for the public. lf the City chooses to participate, it will be responsible for: 1. Completing a Letter of Commitment with BC3 (attached). 2 Conducting outreach on the Peninsula SunShares program including contacting by mail or email community groups, residents and/or businesses within the community. Providing BC3 with the number of contacts made for recordkeeping and tracking purposes. 5. Participating on the proposal evaluation committee (if desired). BC3 would like to confirm partner agency participation by May 276 and issue a request for proposals in June. The SunShares program would launch in July and run through October. FISCAL IMPACT None. Exhibits: 3 4 2 Using resources available to the agency to promote the program during the application period. Letter of Support SunShares Program Summary CITY .\ The City of Burlingome TEL: (650) 55&7200 FAX (650) 342-8386 www.buriingame.org May 2,2Q16 Mr. Michael Parks Executive Director Business Council on Climate Change 1455 Market Street, 12th Floor San Francisco, CA 94103 Dear Mr. Parks I am pleased to provide this letter in support of the collaborative solar and electric vehicle (EV) education and discount Peninsula "SunShares" program now being developed by the Business Council on Climate Change (BC3). The City of Burlingame believes the proposed program, which will be administered by BC3, will help to continue to overcome soft cost baniers impeding broad market transformation of residential rooflop solar and electric vehicles by enabling homeowners to voluntarily participate in a group education and discount program. Participating as a partner supports our City's climate action goals and offers our residents and community members an opportunity to explore solar energy and electric vehicles. The City of Burlingame welcomes the opportunity to collaborate with BC3 and its program partners on this innovative program and will use our communication channels to reach our residents and business community throughout the program term. The City commits to the following: 1 . Provide BC3 with contact information of, and make introductions to, relevant City staff and community stakeholders who can reach City residents as a part of the programs outreach strategy. The main City staff point of contact is: Sigalle Michael, Sustainability Coordinator,smichael@burlin oame.oro. 650-558-7261 ANN KEIGHRAN, ItIAYOR RICARDO ORTIZ, VICE MAYOR iIICHAEL BROWNRIGG DONNA COLSON EMILY BEACH CITY HALL - 5OI PRIMROSE ROAD BURLINGAME, CALIFORNIA 940IG3997 RE: Participation in Peninsula SunShares Program Register online with lhe City of Buriingome lo receive regulor City updotes ol www.Burlinoome.oro Mr. Michael Parks May 3, 2016 Page 2 2. The City understands that it will initiate contact with community groups on behalf of the "SunShares" program, which will enable BC3 to follow up with interested community groups to coordinate outreach efforts. 3. The City will conduct outreach to residents to promote program availability using internal communication channels, which may include email blasts, utility bill inserts, neighborhood association social media outlets, newsletters, and posters. The City will report back to BC3 on the number of outreach contacts made. 4. BC3 will provide the City and our community partners with formatted electronic files to conduct outreach to community members. It is our hope that our joint work will continue the progress that SunShares has made in expanding the number of solar installations in California; as well as support the electric vehicle market. Sincerely, Ann Keighran Mayor City of Burlingame Regisler online wilh the City of Burlingome to receive regulor Ci'ty updotes o't www.Burlinoome.oro ooo BUSINESS COUNCIL ON CLIMATE CHAI{GE April 2016 Peninsula SunShares Program Description The goal of the program is to reach solar and EV customers via targeted outreach through community organizations including local governments, private employers, and neighborhood groups and non- profit organizations. Organizations participating in the program will offer their members / employees (i.e., the individual participants) the opportunity to become a part of an engaging sustainability initiative. In 2015, more than 1100 residents signed up for the Peninsula SunShares program resulting in almost 1 MW of new solar capacity installed via a three month campaign. Benefit to Local Governments: Initiatives that engage residents, businesses and the community in shared sustainability efforts are a key component in achieving local and regional renewable energy goals. Benefit to Participating Outreach Organizations: Collaborative purchasing programs for solar and EVs offer a new opportunity for organizations to engage their members in helping to achieve community wide clean energy goals while investing in their well-being Concept In conjunction with their work on solar soft-cost reduction, a group of Peninsula communities and their program partner, the Business Council on Climate Change (BC3, the Program Team) is for the second year offering interested organizations an opportunity to participate in SunShares. BC3 will provide administrative program support to reduce the complexity and cost of residential solar. Additionally, the program this year will include a new component aimed at reducing the complexity and cost of electric vehicles (EVs). at home. Additionally, aggregating a group of homeowner sites (or potential customers for EVs) and soliciting bids from potential contractors can attract more competitive proposals, accomplish community goals fastel and reduce transaction costs. Benefit to Participants: Homeowners want to save on their utility bills and driving costs and use clean electricity but often aren't sure how to go about it, or don't have time to research all the options themselves. Peninsula SunShares will pool the buying power of the community to secure lower up front purchase pricing and highly attractive financing options for both solar and EVs. Participants will also benefit from free educational workshops and webinars run by the program administrator. How it works: The Program Team will manage all program components, creating a custom campaign targeted at an organization's members / employees throughout the community to generate excitement and participation. The education and outreach components of the Peninsula SunShares program include a dedicated registration website, promotional materials to attract and encourage participation, and group workshops and webinars. Local Government Role: Local governments have two distinct opportunities to participate in the Peninsula SunShares program. The As program administrator, BC3 will manage a procurement process that includes the issuance of Request for Proposals to qualified solar installers and EV manufacturers. A community evaluation committee will be recruited to review proposals and select the programs' vendors based on proposal evaluation criteria and scoring. BC3 will act as the group's technical advisor, answering participant questions throughout the program. first is directly as an employer, by conducting internal outreach to employees. The second is as a community champion, by recruiting outside community organizations to the program, which will in turn act as a network of outreach partners that spread the message to individual participants. Once an individual organization is informed of the opportunity and responds positively, BC3 staff will handle ongoing communication regarding program implementation. Organizational Role: The Program Team requests that a director or executive from each participating organization provide an affirmative letter indicating their participation in the Peninsula SunShares program. Each participating organization will inform its members / employees about the program in a similar manor to other member engagement and/or benefit efforts. A minimal amount of staff time will be needed to assist the Program Team with reserving meeting space for onsite workshops and contacting employees through approved channels of communication including email, newsletters, intranet sites and posters. EXAMPLE PROJECT NMEUNE Confirm employer organization participation Issue Request for Proposals Form evaluation committee Proposals Due Firm(s) Selected Program launch Education & Outreach Group list closes Deadline: Homeowner contracts signed Installations Complete* May - Week 4 (deadline: May 27) June - Week 1 June - Week 2 July - Week 1 July - Week 3/4 July - Week 4 Aug., Sept., Oct. Oct. - Week 4 November - Week 4 January - Week 4 *Timeframes indicated are approximate - any specific step may require additional time, particularly recruitment and installation. Liability or Risk The procurement process documents issued by the Program Team on behalf of the employee group and all contracts between the Program Team and the selected solar firm(s) specify that the participating organizations have no fiscal or legal liability. All contracts for solar installations are between the selected firm(s) and individual homeowners. Example Legal statement to be included in RFP: X.X.X Participating Organizations Each of the participating organizations, on behalf of their membership groups, will collaborate with the Business Council on Climate Change and the selected Firm(s) on Program implementation. Organizations will identify approved communication channels and promote education and information sessions inctuding webinars and onsite presentations to their employees. While the Peninsula SunShares Program is being offered to the members of each participating organization, these organizations do not endorse any Firms and will not endorse the selected Firm(s). Any participant who enters into the Program does so in his/her personal capacity and at his/her own risk and will expressly hold each of the participating organizations harmless from any liability associated with his/her decision to participate in this Program for services for his/her personal, non-work related projects. STAFF REPORT AGENDA NO: 8d MEETING DATE: May 2,2016 To:Honorable Mayor and City Council Date: May2,2016 From: William Meeker, Community Development Director - (650) 558'7255 Subject:Set Public Hearing Date for an Appeal of the Planning Commission's Approval of Applications for a Mitigated Negative Declaration and Commerciat Design Review for a New, Four-Story Office Building at 225 Galifornia Drive BACKGROUND At its regular meeting of April 11, 2016, the Planning Commission approved requests related to the construction of a new, four-story office building to be located at 225 California Drive. The appeal period following the Planning Commission's action ran until 5:00 p.m. on Thursday, April 21"r. On that date, a timely appeal of the Commission's action was filed with the City Clerk's offi ce (letter attached). City costs for processing an appeal exceed the charge provided by the master fee schedule. However, because the City Council has determined that access to appeal procedures outweighs these costs, the affected departments will absorb the appeal processing costs within existing budget. Exhibit: 1 RECOMMENDATION It is recommended that the City Council set the date of the public hearing on the appeal for May 16, 2016. FISCAL IMPACT Appeal Letter rIII The Mazzola Law Office RECBTVED APR 2 I 2016 CITY CLERK'S OFFICE fessional Corpondon April 20, 2016 Re: Appeal of EIR and Building Permit(s) for 225 California Drive development Burlingame City Council We understand that the Planning Department recently required the owner of the Development, as a condition of its permit(s), to enter into an agreement with Sakae regarding the hours of operation of heavy construstion so that Sakae's lunch business will not be disturbed by the vibration, noise, and debris expected and noted by the Devetopment's Environmental lmpact Report ("ElR"). That condition has not yet been accomplished, although the parties are in limited discussions over it. Therefore, because that precondition has not yet been satisfied, it does not appear that the Planning Department's decision to approve the permit(s) is self-executing. For this reason and others, Sakae appeals the decision of the Planning Department for the reasons identified in this letter. The development of 225 California Drive will be a significant undertaking. As you know, it involves extensive demolition of the existing structures, the removal of soil that was contaminated by underground storage tanks (stoddard solvent, bunker oil, and gasoline), deep digging and shoring, the removal of other hazardous wastes, reconstruction activities that will last approximately two years, and the large scale impact on parking and traffic. The development will, without doubt, have a significant impact on the surrounding businesses. The EIR Development confirms construction of 22S California Drive will have significant impacts upon the surrounding area. This letter identifies a few, but not all, of our concerns with the EIR The Geotechnical Report of Cornerstone Earth Group identifies that underpinning and shoring of adjacent properties will be necessary as a result of the construction, but it does not explain how that will be performed. lnstead it simply defers that plan to an unidentified licensed engineer. Burlingame City Council 501 Primrose Road Burlingame, California 94010 As you know, this Law Office represents Sakae, lnc. ("Sakae"). Thls letter sets forth an appeal of the Planning Department's decision on April 11, 2015 regarding the proposed development of 225 California Drive (the "Development''). The Development project abuts Sakae at 243 california drive. l00l Bayhill Drive, Suite 200, San Bruno, Califomia 94066 (650) 403'4802 simon@simonmazzola.com Burlingame City Council The Human Health Risk Assessment report by Green Environment lnc. ("GEl") for the Development notes that the project site has been designated as a Leaking Underground Storage Tank site. lt also states the property contains tetrachloroethene, trichloroethene, ethylbenzene vapor, and 1,2-dicholoroethane, among other contaminants. The property was used in the automotive parts business and either contained or was ad.lacent to a dry cleaning business. There are hot-spots of subsurface contamination of the property. The repo rt confirms that a pre-construction soil and groundwater management Environmental Management Plan is necessary. Despite this, that plan has note been provided. Further, the GEI report states a site specific health and safety plan should be prepared and utilized, but one has not been provided. Both plans must be provided prior to any permit(s) being issued that allow the Development to commence. The EIR does not address demolition of the site with a recommendation specific to removing hazardous wastes in the building materials. As one example, the U.S. Department of Labor, Occupational Safety & Health Administration ("oSHA") issued a final rule that takes effect on June 23, 2016 regarding crystalline silica containment. lt is designed to avoid exposure that causes significant health problems in humans. One of the critical areas of exposure to silica comes from construction and demolition activities. Despite this, no part of the EIR deals with compliance with these prevailing OSHA regulations. This is true even though the construction project will last well beyond the deadline for compliance with the OSHA requirements. Written methodology should also be required for deallng with asbestos and other known contaminants in the buildings that will be demolished. The Environmental Noise Assessment of lllingworth & Rodkin, lnc.1 identifies a number of significant impacts due to the Development- ln lmpact f2, it demonstrates that the ground borne vibration to Sakae's building will exceed acceptable limits and will likely cause structural damage to the adjacent structure. This report recommends prohibiting the kind of heavy equipment that is expected to be used in demolition from operating within 10-25 feet of Sakae's location. That does not seem possible due to a shared, adjacent wall or the proximity of the buildings to the property line. The buildings are on a zero lot line, separate by perhaps an inch or two. lmpact #4 identifies that the noise levels will significantly impact the area and recommends numerous measures to mitigate that noise. The report demonstrates that noise will be unacceptably high at a distance of fifty feet, but Sakae is within inches of the property line. The report lmplies that these excessively noisy activities can take place from 7:00 a.m. through 7:00 p.m. lt offers some noise mitigation measures. All of the noise mitigation measures should be required as a condition of the I The study erroneously places Sakae at 241 California Drive, when it is at 243 California Drive t00l Bayhill Drive, Suite 200, San Bruno, California 94066 (650) 4034802 simon@simonmazzola.com 2 The Human Health Risk Assessment plan is incomplete and you should not approve the Development without first requiring these reports and determining if they are compliant. Doing otherwise puts the proverbial cart before the horse. We deserve to see that appropriate methodology to remediate the contaminants and protect against the airborne release of them during demolition and construction befo re this pldn ond EIR ore opproved. Burlingame City Council permit(s). Compliance with those mitigation measures should be regularly monitored and reported by the Planning Department. The Transportation lmpact Analysis of Abrams & Associates is notable for its utter failure to analyze the traffic impact at California Drive and Highland Avenue, the precise location of the construction activity of the Development. lt gives acceptable ratings to more distant intersections (Table 3), yet fails to address the principal point of impact. We believe this omission is because an analysis of this intersection will clearly identify an unacceptable traffic impact, especially Biven that it has no traffic signal, unlike the others that have a traffic signal. The same omission is true for the corner of Hatch Lane and Howard Avenue, Highland Avenue and Howard Avenue, or California Drive and Howard Avenue. lgnoring the impact on these intersections is akin to placing one's head in the sand over the most obvious problem areas. Notably, the report concedes that, due to the project, traffic congestion at Peninsula Avenue and California Drive will drop from acceptable delays to significant delays. The Abrams & Associates report gives insufficient analysis to the impact of pedestrian traffic or on the sustained loss of parking. These failures to evaluate significant impacts mean the analysis is irreparably flawed. While the Abrams & Associates report identifies six areas of impact, it postulates that no mitigation is necessary. That conclusion is wantonly inappropriate. The report confirms that there will be approximately fifty-five additional vehicles parked in the area due to construction activities. Despite the already overcrowded parking situation in the area, the report characterizes this massive increase as "less-than-significant." The report must be reviewed and potentially rejected for lack of consideration of Sakae and other residents and tenants as a basis for the Development's compliance with the safety, traffic, and parking impacts it will cause. There is no statement or study of the impact of hard construction on Sakae and businesses in the area. Sakae opened its doors twenty-one years ago. Its corporate owners/officers are longtime Burlingame homeowners (20 years) and residents.Sakae lnc. is not willing to be a casualtv of errant ng Commission be ordered to take immediate steps address these issues in the ElR, require strict compliance with the EIR, require the owner of the Development to cooperate and mitigate the losses by tightly controlling the conditions of the build, and to regularly monitor the Development. Sakae requests that all of the recommendations in the EIR be made a condition of any building permit, such that violation of the recommendations violates any building permit{s). Sakae believes the EIR must be subject to further review as specified in this letter and issuance of a permit must wait until these items are addressed. The Exhibit A to the Planning Commission's approval of the Commercial Design Review Development does not adequately address all of the necessary concerns to making the project compliant with relevant codes and other conditions. lt must be expanded to include the concerns articulated in development i n Burlineame. We demand the Planni l00l Bayhill Drive, Suite 200, San Bruno, California 94066 (650) 403-4802 simon@simonmazzola.com 3 Burlingame City Council this letter as well as all other concerns brought by the community it their comments to this Development. Thank you for your attention to this Appeal. Sincerely, 844..=..6. Simon Mazzola l00l Bayhill Drive, Suite 200, San Bruno, Califomia 94066 (650) 4034802 simon@simonmazzola.com 4 STAFF REPORT MEETING DATE: May 2,2016 To:Honorable Mayor and City Council Date: May 2,2016 Subject:Set Public Hearing Date for an Appeal of the Planning Commission's Approval of Applications for a Mitigated Negative Declaration and Commercial Design Review for a New, FourStory Office Building at 225 California Drive RECOMMENDATION It is recommended that the City Council set the date of the public hearing on the appeal for May 16,2016. FISCAL IMPACT City costs for processing an appeal exceed the charge provided by the master fee schedule. However, because the City Council has determined that access to appeal procedures outweighs these costs, the affected departments will absorb the appeal processing costs within existing budget. Exhibit: 1 ncelol r.ro, 56A From: William Meeker, Community Development Director - (650) 558-7255 BACKGROUND At its regular meeting of April 11, 2016, the Planning Commission approved requests related to the construction of a new, four-story office building to be located at 225 California Drive. The appeal period following the Planning Commission's action ran until 5:00 p.m. on Thursday, April 21"t. On that date, a timely appeal of the Commission's action was filed with the City Clerk's office (letter attached). Appeal Letter RECEIVED IIII The Mazzola Law Ofiice fessional Corporation April 20, 2016 Burlingame City Council 501 Primrose Road Burlingame, Californ ia 94010 Re: Appeal of EIR and Building Permit(s\ for 225 California Drive development Burlingame City Council: As you know, this Law Office represents Sakae, lnc. ("Sakae"). This letter sets forth an appeal of the Planning Department's decision on April 11, 2015 regarding the proposed development of 225 California Drive (the "Development"). The Development project abuts Sakae at 243 California drive. We understand that the Planning Department recently required the owner ofthe Development, as a condition of its permit(s), to enter into an agreement with Sakae regarding the hours of operation of heaw construction so that Sakae's lunch business will not be disturbed by the vibration, noise, and debris expected and noted by the Development's Environmental lmpact Report ("ElR"). That condition has not yet been accomplished, although the parties are in limited discussions over it. Therefore, because that precondition has not yet been satisfied, it does not appear that the Planning Department's decision to approve the permit(s) is self-executing. For this reason and others, Sakae appeals the decision of the Planning Department for the reasons identified in this letter. The development of 225 California Drive will be a significant undertaking. As you know, it involves extensive demolition of the existing structures, the removal of soil that was contaminated by underground storage tanks (Stoddard solvent, bunker oil, and gasoline), deep digging and shoring, the removal of other hazardous wastes, reconstruction activities that will last approximately two years, and the large scale impact on parking and traffic. The development will, without doubt, have a significant impact on the surrounding businesses. The EIR Development confirms construction of 225 California Drive will have significant impacts upon the surrounding area. This letter identifies a few, but not all, of our concerns with the ElR. The Geotechnical Report of Cornerstone Earth Group identifies that underplnning and shoring of adjacent properties will be necessary as a result of the construction, but it does not explain how that will be performed. lnstead it simply defers that plan to an unidentified licensed engineer. APR 2 I 2016 CITY CLERK'S OFFI E I 001 Bayhill Drive, Suite 200. San Bruno, California 94066 (650) 403-4802 simon@simonmazzola.com Burlingame City Council The Human Health Risk Assessment report by Green Environment lnc. ("GEl") for the Development notes that the project site has been designated as a Leaking Underground Storage Tank site. lt also states the property contains tetrachloroethene, trichloroethene, ethylbenzene vapor, and 1,2-dicholoroethane, among other contaminants. The property was used in the automotive parts business and either contained or was adjacent to a dry cleaning business. There are hot-spots of subsurface contamination of the property. The report confirms that a pre-construction soil and groundwater management Environmental Management Plan is necessary. Despite this, that plan has not" b""n provided. Further, the GEI report states a site specific health and safety plan should be prepared and utilized, but one has not been provided. Both plans must be provided prior to any permit(s) being issued that allow the Development to commence' The Human Health Risk Assessment plan is incomplete and you should not approve the Development without first requiring these reports and determining if they are compliant. Doing otherwise puts the proverbial cart before the horse. We deserve to see that appropriate methodology to remediate the contaminants and protect against the airborne release of them during demolition and construction before this plan and EIR ore opproved. The EIR does not address demolition of the site with a recommendation specific to removing hazardous wastes in the building materials. As one example, the U.S. Department of Labor, Occupational Safety & Health Administration ("OSHA") issued a final rule that takes effect on June 23, 2016 regarding crystalline silica containment. lt is designed to avoid exposure that causes significant health problems in humans. One of the critical areas of exposure to silica comes from construction and demolition activities. Despite this, no part of the EIR deals with compliance with these prevailing OSHA regulations' This is true even thou8h the construction project will last well beyond the deadline for compliance with the OSHA requirements. Written methodology should also be required for dealing with asbestos and other known contaminants in the buildings that will be demolished. The Environmental Noise Assessment of lllingworth & Rodkin, lnc.1 identifies a number of significant impacts due to the Development. ln Impact #2, it demonstrates that the ground borne vibration to Sakae's building yg!!! exceed acceptable limits and gill likely cause structural damage to the adjacent structure. This report recommends prohibitinS the kind of heavy equipment that is expected to be used in demolition from operating within 10-25 feet of Sakae's location. That does not seem possible duetoashared, adjacent wall orthe proximity of the buildingstothe property line. The buildings are on a zero lot line, separate by perhaps an inch or two. lmpact #4 identifies that the noise levels will significantly impact the area and recommends numerous measures to mitigate that noise. The report demonstrates that noise will be unacceptably high at a distance of fifty feet, but Sakae is within inches of the property line. The report implies that these excessively noisy activities can take place from 7:00 a,m. through 7:00 p.m. lt offers some noise mitigation measures. All of the noise mitigation measures should be required as a condition of the I The study erroneously places Sakae at 241, California Drive, when it is at 243 California Drive 2 l00l Bayhill Drive, Suite 200, San Bruno, California 94066 (650) 403-4802 simon@simonmazzola.com - Burlingame City Council permit(s). Compliance with those mitigation measures should be regularly monitored and reported by the Planning Department. The Transportation lmpact Analysis of Abrams & Associates is notable for its utter failure to analyze the traffic impact at California Drive and Highland Avenue, the precise location of the construction activity of the Development. lt gives acceptable ratings to more distant intersections (Table 3), yet fails to address the principal point of impact. We believe this omission is because an analysis of this intersection will clearly identify an unacceptable traffic impact, especially given that it has no traffic signal, unlike the others that have a traffic signal. The same omission is true for the corner of Hatch Lane and Howard Avenue, Highland Avenue and Howard Avenue, or California Drive and Howard Avenue. lgnoring the impact on these intersections is akin to placing one's head in the sand over the most obvious problem areas. Notably, the report concedes that, due to the project, traffic congestion at Peninsula Avenue and California Drive will drop from acceptable delays to significant delays. The Abrams & Associates report gives insufficient analysis to the impact of pedestrian traffic or on the sustained loss of parking. These failures to evaluate significant impacts mean the analysis is irreparably flawed. While the Abrams & Associates report identifies six areas of impact, it postulates that no mitigation is necessary. That conclusion is wantonly inappropriate. The report confirms that there will be approximately fifty-five additional vehicles parked in the area due to construction activities. Despite the already overcrowded parking situation in the area, the report characterizes this massive increase as "less-than-significant." The report must be reviewed and potentially rejected for lack of consideration of Sakae and other residents and tenants as a basis for the Development's compliance with the safety, traffic, and parking impacts it will cause. There is no statement or study of the impact of hard construction on Sakae and businesses in the area. Sakae requests that all of the recommendations in the EIR be made a condition of any building permit, such that violation of the recommendations violates any building permit(s). Sakae believes the EIR must be subject to further review as specified in this letter and issuance of a permit must wait until these items are addressed. The Exhibit A to the Planning Commission's approval of the Commercial Design Review Development does not adequately address all of the necessary concerns to making the project compliant with relevant codes and other conditions. lt must be expanded to include the concerns articulated in 100 I Bayhill Drive, Suite 200, San Bruno, Califomia 94066 (650) 403-4802 simon@simonmazzola.com 3 Sakae opened its doors twenty-one years ago. lts corporate owners/officers are lon$ime Burlingame homeowners (20 years) and residents. Sakae lnc, is not willing to be a casualtv of errant development in Burlingame. We demand the Planning Commission be ordered to take immediate steps address these issues in the ElR, require strict compliance with the ElR, require the owner of the Development to cooperate and mitigate the losses by tightly controlling the conditions of the build, and to regularly monitor the Development. Burlingame City Council this letter as well as all other concerns brought by the community it their comments to this Development. Thank you for your attention to this Appeal. sincerely, Simon Mazzola l00l Bayhill Drive, Suite 200, San Bruno, California 94066 (650) 403-4802 simon@simonmazzola.com 4 AGENDANO: 8e MEETING DATE: May 2, 2016 To:Honorable Mayor and City Council Date: May 2,2O16 Subject:Adoption of a Resolution Approving a Comprehensive Agreement with the Peninsula Corridor Joint Powers Board for the Caltrain Electrification Project, and Authorizing the City Manager to Execute the Agreement RECOMMENDATION Staff recommends that the City Council adopt the attached resolution approving the Comprehensive Agreement with the Peninsula Corridor Joint Powers Board (PCJPB) for the Caltrain Electrification POect, and authorize the City Manager to execute the agreement. The Caltrain Modernization Program envisions a series of capital improvement projects to upgrade the performance, operating efficiency, capacity, safety and reliability of Caltrain's commuter rail service. These projects include: 1. lmplementation of an advanced signal system, which is cunently being installed and tesled; 2. Electrification of the existing Caltrain corridor between San Francisco and San Jose; and 3. Replacement of Caltrain's diesel trains with high performance electric trains. ln January 2015, the Caltrain Board of Directors approved and certified the Peninsula Corridor Electrification Project (PCEP) Final Environmental lmpact Report (FEIR) for the proposed electrification of the Caltrain corridor between San Jose and San Francisco. The poect will be implemented through a design-build contract and is cunently in the procurement process. The PCEP improvements within Burlingame generally consist of the Overhead Contact System (OCS) to distribute electrical power and the Traclion Power Facility (TPF) to deliver power to the OCS. The OCS consists of installation of OCS poles and wire stringing. OCS poles will typically be spaced 180-200 feet apart. An electric safety zone will also be established for the OCS system. The TPF consists of an above ground facility to convert electrical power for electrical train usage. The proposed location for the TPF is on the east side of California Drive near the antersection of Lincoln Avenue near the California-Grove Storm Water Pump Station Facility, within the PCJPB righlof-way as shown in the attached agreement exhibit. STAFF REPORT 1 From: Syed Murtuza, Oirector of Public Works - (650) 558-7230 BACKGROUND Comprehensive Agreement with PCJPB Regatding Peninsula Corridor Electification Project May 2, 2016 The comprehensive agreement will memorialize the respective responsibilities of each party, mainly City staff review and input on construction plans, interagency cooperation, City consultation to facilitate the construction of the project, and the PCJPB's role in coordinating the project design and construction that may potentially impact City utilities and right-of-way. The comprehensive agreement also establishes that Caltrain will pay for City staff time to review plans and perform construction inspections associated with City facilities impacted by the project. Caltrain will deposit $34,000 with the City, which will be utilized for staff and consultant services required to review and process the project, issue encroachment permits, and perform construction inspections as needed. The City will refund any unused portion of the funds at the end of the project. Conversely, if additional funds are needed to complete the work, Caltrain will deposit additional funds with the City as required. Staff has reviewed the proposed cost estimate and found it lo be reasonable. The project is tentatively scheduled to be awarded by the pcJpB by the end of 20'16, with construction anticipated to begin by early 20'17. As with all construction, there will be impacts to the adjacent community. These impacts include construction traffic and noise, and access to and from staging areas as identified in Exhibit B of the agreemenl. Caltrain will establish monitoring programs during construction to ensure adherence to established protocols such as use of designated haul routes, implementation of appropriate traffic control measures due to impacts, and notification to the adjacent community and interested residents. Additionally, Caltrain will conduct extensive community outreach prior to the construction, and will designate a single point of contact to handle project-related complaints. FISCAL IMPACT The costs associated with staff time and consultant services in reviewing engineering design and construction plans, permit issuance and construction inspection is estimated at $34,000, which will be paid for by Caltrain. 2 DISCUSSION Furthermore, the agreement provides that the PCJPB: . Screen the proposed TPF to minimize aesthetic impacts, and monitor the ambient noise levels in the area before and after the construction, and mitigate any noise issues as necessary. . Coordinate with the City to obtain input into the OCS pole design relative to aesthetics. o Coordinate with the City to obtain input in the design of prolection baniers and fencing relative to aesthetics. . Minimize spillover lighting during nighttime construction adjacent to residential areas. . Take great care in avoiding and minimizing tree impacts in consultation with a certified arborist, including developing a tree replacement plan for unavoidable situations, and . lmplement traffic signal timing optimization and improvements at the intersection of Broadway and California Drive. Comprchensive Agrcement with PCJPB Regarding Peninsula Coridor Eleclrificalion Project May 2, 2016 Exhibits: . Resolution . ComprehensiveAgreement o Exhibits A and B 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME APPROVING THE COMPREHENSIVE AGREEMENT WITH THE PENINSULA CORRIDOR JOINT POWERS BOARD FOR THE PENINSULA CORRIDOR ELECTRIFICATION PROJECT WHEREAS, the Project will be constructed almost completely within the Peninsula Corridor Joint Powers Board right-of-way and will incur construction impacts to the adjacent community and City rightof-way; and WHEREAS, City staff negotiated the comprehensive agreement with the Peninsula Corridor Joint Powers Board to memorialize respective responsibilities of each party through design and construction of the Project, and recommends its approval by the City Council. RESOLVED, by the City Council of the City of Burlingame and this Council does hereby FIND, ORDER and DETERMINE AS FOLLOWS: The Comprehensive Agreement with the Peninsula Corridor Joint Powers Board for the Peninsula Corridor Electrification Project is approved. 1 2. The City Manager is authorized to execute the Comprehensive Agreement substantially the form submifted to City Council as well as any necessary amendments. tn Mayor l, MEAGHAN HASSEL-SHEARER, City Clerk of the City of Burlingame, do hereby certify that the foregoing Resolution was introduced at a regular meeting of the City Council held on the 2d day of Mav, 2016, and was adopted thereafter by the following vote: AYES: NOES: ABSENT COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: City Clerk RESOLUTTON NO._ WHEREAS, the Peninsula Corridor Electrification Project (Project) will install Traction Power Facilities and Overhead Contact System to deliver and distribute electrical power for train usage; and COMPREHENSIVE AGREEMENT BETWEEN THE PEMNSTJLA CORRIDOR JOINT POWERS BOARI) AND CITY OF BURLINGAME RELATING TO THE PENINSULA CORRIDOR ELECTRIFICATION PROJECT I1105637.4 This Comprehensive Agreement ("Agreement") between the City of Burlingame, a municipal corporation city of the State of Califomia ("City'') and the Peninsula Corridor Joint Powers Board, ajoint exercise ofpowers agency ("JPB") (collectively, the "Parties") is entered into as of this _ day of_ 201- (the "Effective Date"), each of which is referred to herein individually as "Party" andjointly as "Parties." RECITALS A. City is a duly established municipal corporation organized alld glisling under the laws of the State of Califomia. JPB is ajoint exercise of powers agency organized and existing under the laws ofthe State of Califomia. JPB is the owner ofthe Peninsula Corridor Railroad right-of-way, including certain real property and fixtures located in the City of Burlingame between milepost (MP) 13.8 and 16.7, (the "Right-of-Way"), and includes six vehicular and one pedestrian at-grade crossings. The Peninsula corridor Electrification Project ("Project") consists ofconverting caltrain from diesel-hauled to electrically-powered trains foriervice between the 46 and King Street Station in San Francisco and the Tamien Station in San Jose. B C D E F H I. G In 2009, the JPB completed a Final Environmental Assessment/Environmental Impact Report (EA/EIR) for the Project. Based upon that document, the Federal Transit Administration issued a Finding of No Sigrrificant Impact (FONSI) in 2009' which completed the federal environmental review for the Project in accordance with the National Environmental Policy Act (NEPA). On January 31, 2013, the JPB issued a Notice of Preparation ofan Environmental lmpact Report and, in February, 2014, issued a Draft Environmental knPact Report for a 60-day comment period ending on April 29,2014. A Final Environmental Impact Report was issued in December 2014. On January 8, 2015, pursuant to Resolution No' 2015-03, the JPB certified confomrance with the C;lifomia Environmental Quality Act (CEQA) to the extent that it is applicable to the Project, and certified the Final Environmental knpact Report (FEIR) for the Project. On January 8, 2015, pursuant to Resolution No. 2015'04, the JPB adopted CEQA frndings oi fact, a statement ofoverriding considerations, and a mitigation monitoring and reporting plan. On February 5, 2015, pursuant to Resolution No. 2015-08 the JPB authorized the issuance ofthe PCEP Project Design Build Request for Proposals to engage a Design- Build Contractor to construct the Project. I J K The City desires to cooperate with the JPB to facilitate the design and construction of the Project. The JPB and the City desire to memorialize the interagency cooperation and consultation between the Parties in this Agreement. The Parties acknowledge that the Project is funded in part with funds made available by the Federal Transit Adminisration. Accordingly, this Agreement and the obligations imposed on the Parties hereby shall be interpreted in a manner consistent with both Federal and State laws and regulations. The locations of certain elements ofthe Project may require the use of certain City streets for hauling operations and staging of constmction during construction of the Project. The JPB and the City acknowledge that it will be necessary to develop procedures to ensure careful and continued cooperation between the Parties, including the following: (1) procedures to promote cooperation during the desigt and construction process; (2) procedures to avoid all urmecessary delays to either the contracting, desigrr or construction process; and (3) procedures for inspecting the construction, relocation, and replacement, as necessary, of city lmprovements. The Parties recogrrize and agree that this Agreement may not reasonably anticipate all aspects ofthe Project and changes thereto which may occur due to unforeseen circumstances. Accordingty, the Parties acknowledge their respective obligations to act reasonably and in good faith and to modiry the terms hereof when necessary to accomplish their mutual goals. SECTION I:AFFIRMATION OF ECITALS AND OPERATI\'E DATE L. M N The JPB and the City affirm that the above recitals are true and correct SECTION 2:DEFINITIONS The following definitions relate to such terms found in the entire Agreement, including, without limitation, all Exhibits hereto. A. "CiQr" means City of Burlingame, its officers, employees, agents, consultants and contractors. B "City Improvements" means City streets (including curbs, gutters and sidewalks), traffic control devices, storm drains, sanitary sewers, water lines, hydrants, electroliers, landscaping, irrigation systems, and all other public facilities and appu(enances. "Contract Documents' means the executed Desigr-Build Contract, Contract Change Orders and additional documents incorporated by express reference into the Contract. 2 C. "JPB" means the Peninsula Corridor Joint Powers Board, its employees, agents, consultants, and contractors. "Project Improvements" means all structures, features and fixtures constructed or installed for the Project, including all necessary changes to signal, fiber optic facilities and appurtenances, relocation ofall utilities and pipelines ofany kind within the Right-of-Way, grading, drainage, access roadways to the Right-of-Way, preliminary and construction engineering, and any and/or all other work ofevery kind and character necessary to build the Project. "Project" means the Peninsula Corridor Electrification Project described in the FEIR, consisting of converting Caltrain from diesel-hauled to electrically-powered trains for servici between the 46 and King Street Station in San Francisco and the Tamien Station in San Jose. SECTION 4:PROJECT FEATURES The Project features set forth below are not intended to constitute a comprehensive list ofProject features, but are described in this Agreement to provide a general description ofthe elements of the Project. A comprehensive list ofProject features associated with the Project is set forth in the FEIR. The Project will install facility improvements, including overhead catenary wires, support poles, traction power facilities, and other appurtenances necessary to convert service from the existing diesel-locomotive driven trains to Electric Multiple Units (EMUs). EMUs are self-propelled electric trains that do not have a seParate locomotive. EMUs can accelerate and decelerate at faster rates than diesel-powered trains, even with longer trains. With EMUs, Caltrain can run longer trains without degrading speeds, thus increasing peak-period capacity. This will suPport operations ofup to 6 Caltrain trains per peak hour per direction (an increase from 5 trains per peak hour per direction at present). Electrification of the rail line is scheduled to be operational by 202012021. The Project includes operating 114 trains per day between San Jose and San Francisco and six trains per day between Gilroy and San Jose. The Project will include the installation of 130 to 140 single-track miles ofOverhead Contact System (OCS) for the distribution ofelectrical power to the new electric rolling stock. The OCS would be powered from a 25 kilovolt (kV), 60 Hertz (Hz), single-phase, altemating current (AC) traction power system consisting of the following Traction Power Facilities (T?F): two Traction Power Substations, one F 3 B. D. E. SECTION3: PURPOSEOFTHEAGREEMENT The purpose ofthis Agreement is to memorialize the Parties' consultation and cooperation, designate their respective rights and obligations, and ensure cooperation between the JPB and the City in connection with the desigrr and construction ofthe Project. A. C. Switching Station and seven Paralleling Stations. The OCS poles are typically about 180 to 200 feet apart. On curved sections, the span lengths between supports must be reduced. The OCS poles are placed approximately 9 - 11 feet from the centerline of the tracks. Associated with the OCS, an electric safety zone to adjacent vegetation is oeeded. This electric safety zone distance is approximately l0 feet from the face ofthe OCS pole. Specific to the City , and based on preliminary desigr, the Project elements anticipated within the City include: (1) OCS poles. Installation of foundations, poles and appurtenances (2)Stringing wire for OCS. Which will require temporary street closures when work occurs at an existing at-grade crossing. Specificity about the closures will be included in the Traffic Control Plan. (3)Construction of TPF located within the Right-of-Way (ROW) at MP l5 and adjacent to the intersection of Lincoln Avenue and California Drive. The location of this TPF is shown in Exhibit A as "PS-3." (4)Staging areas. The PCEP FEIR identified three potential staging areas for the DB Contractols use. The locations ofthese staging areas are: (l) near the intersection of Cambridge Dr. and Califomia Dr. (2) near the intenection of Carolyn Ave and Cadillac Way to just south of Oak gtove Ave, and (3) near the intersection of Bayswater Ave and Myrtle Rd. These locations are shown in Exhibit B. If additional staging areas are needed, they will comply with applicable mitigation measures and will be coordinated with the City. SECTION 5:GENERAL COMMIT NIENTS The JPB will avoid affecting any City knprovements to the extent feasible ln the event a City Improvement requires modification and/or relocation, JPB shall be responsible for the design and construction of the City knprovement. A comprehensive list ofaffected City Improvements will be prepared by the JPB, and will be provided to the City for review. The City agrees to cooperate with the JPB to identify all City Improvements affected by the Project. Any replacement of City Improvements will be of a similar kind and capacity to the existing facilities per exiiting City codes and any applicable law, including any required environmental review. If City desires to increase size or upgrade a City lmprovement beyond its existing codes, it shall be responsible for any additional costs for that change. The desigrr and location of any proposed replacement improvements must be approved by the City before work on such improvements is begun. Such approval shall not be unreasonably withheld.. The Parties will agree to a protocol for the review ofplans and the inspection ofaffected City Improvements. 4 A. B. C D E F G In order to minimize disruption to the Caltrain passenger service during project construction as well as maximize protection of people and property, most of the Project work will be performed outside ofthe weekday peak commute hours. The JPB will provide the City with plan(s) addressing haul routes along city streets and roadways, and any staging areas or property owned or controlled by the City for City review and approval, which approval shall not be unreasonably withheld. JPB will also collaborate with the City and provide documentation of existing conditions by video and photographic record ofthe proposed and accepted haul routes for comparison at the end ofthe project. The JPB shall be responsible for addressing damages to City roadways to the City's satisfaction. The JPB will cooperate with the City to reduce impacts of the Project on local police, fire, and emergency services including providing adequate emergency services access during street closures during construction During construction of the Project, the JPB shall provide the City with a list ofJPB personnel to be contacted in the event ofan emergency on the Project construction site within the City. The JPB shall appoint an identifred individual staff member to serve as a single point of contact to deal with non-emergency project-related issues with the City. During construction of the Project, the JPB will take responsibility for maintaining the security of the JPB construction areas within the City in consultation with the City's Police Deparhnent, as necessary. For the duration of Project construction, the JPB shall assign a lead representative to handle Project-related complaints from City residents, City officials, and/or staff. The JPB shall provide written notice to the City and shall publicize the telephone number and E-mail address of the lead representative. The JPB shall make an initial response to all complaints within a reasonable period of time not to exceed 48 hours. For urgent matters, the JPB will make initial contact immediately. Follow-up of complaints will be completed within a reasonable time following initial contact with the complainant. The JPB shall take all reasonable actions to ensure that its lead representative is authorized to and does, in fact, ensure that corrective actions are implemented within a reasonable period of time following the determination that corrective actions are appropriate. Construction Noticing. The JPB will provide weekly construction updates via social media, the Caltrain website and by email. The JPB will provide a 60-day advance notice for construction within the City. The JPB will provide an initial notice of road and driveway closures 7 days in advance of the closure and the visual notifications for closures will be posted 72 hours in advance. Tree Trimming and Tree Removal. JPB will comply with any City tree replacement requiranents for tree trimming or removal involving public or private property outside of JPB property. H 5 A B.Encroachment Permits. JPB will submit to the City all information required in a timely manner for adequate review and issuance of encroachment permits by the City for construction of the Project. . C.Noise monitoring. Separate from the FEI& the JPB will conduct post-installation nighttime noise testing of PS-3 Option I and implement any necessary noise abatement measures in order to reduce any impacts to a less than sigrrificant level. SECTION 6: MITIGATION MEASURES The JPB will require the Desigrr/Build Contractor to perform the work to implement the mitigation measures outlined in the Mitigation, Monitoring and Reporting Plan adopted by the JPB on January 8, 2015, to include the following: A.Mitigation Measure Aesthetics-2b: Aesthetic treatments for OCS poles and TPFs in sensitive visual locations. (l)The JPB shall coordinate with the City to obtain their input into OCS pole desigrt relative to station aesthetics. C B (2) Vegetative screening will be provided to visually buffer view ofthe traction power facility in the City (Option I in the PCEP FEIR). Acceptable screening that may be used includes: tree planting, fencing with creeping vines, landscape buffer planting or vegetative wall fence. The JPB will maintain the Right-of-Way screening on an on-going basis. (3) The JPB will coordinate with the City on design selection ofoverbridge protection barriers and fencing that would be viewed from highly used public spaces and historical train stations. Mitigation Measure Aesthetics-4a: Minimize spillover light during nighttime construction adjacent to residential neighborhoods. The JPB will direct any artificial lighting onto the worksite and away from adjacent residential areas at all times. Mitigation Measure Biology-5: A Tree Avoidance, Minimization, and Replacement Plan will be developed in consultation with a certified arborist and in consultation with cities, counties, and affected property owners along the Project. A complete field survey ofthe entire Project area will be completed to support the plan development by preparing a tree inventory for all affected areas. Mitigation Measure Traflic-lc: Implement Signal optimization and roadway geometry improvements will be implemented at impacted intersections for the 2020 Project condition per FEIR. The impacted intersections for the City are: ( I ) Califomia/Broadway 6 D SECTIONT: C ITY IMPROVEMENTS A. Construction Standards: The JPB is d esigning and consructing the Project. The design and constmction ofthe Project shall conform with JPB's adopted standards, specifrcally JPB Standards Dated September 30', 201 I and the Designtsuild Contract Documents. Any work required to repair or replace City Improvements damaged or affected by the Project shall conform with the City's adopted codes. If no City codes exist for such work, it shall be designed to applicable Caltrans codes, or ifno Caltrans standards apply, it shall be designed to such standards as JPB shall reasonably determine to apply, subject to review and approval by City. The JPB shall first obtain approval from the City for any changes to the desip of work related to the City Improvemants during constructiorL subject to the terms of this agreement. B. Desisr Review: The JPB will do a page-tum design review, or detailed walkthrough of the Project elements within the City limits at the 650/o and Issued For Construction design levels prior to official submittal of Issued for Construction plans for final approval. All comments received will be addressed prior to official submittal of Issued for Construction plans. Design review for Project elements within the JPB fught-of-Way is for informational purposes only and is not for City approval. The City shall review the design ofany required work that alters or replaces City Improvements within 2l days of receipt of the official submittal of Issued For Construction plans provided the submitted plans are complete and adequate. City shall have discretion to approve or deny the submitted designs for work that alters or replaces City Improvernents based on conforrnance with all applicable laws and standards, although such approval shall not be unreasonably withheld. The JPB will pay the City for its stafftime and/or consultant costs spent on review of design documents, permits or inspections of City Improvements. The JPB shall pay all applicable City permit or other fees with regard to the Project. The JPB shall make an initial deposit of $ 34,000.00 to the City for desigrr review and inspection costs. The JPB will pay the City's standard permit and processing fees, as applicable to the Project. The method ofpayment is described below in Section 8. The City will cooperate with the JPB in identifoing all City permits necessary for work to be performed under this Agreement. The City shall charge for stafftime and consultant services for reviewing and approving the plans against the initial deposit submitted by JPB. The City shall inform the JPB if additional funds are needed in order to pay for design review and permits, and JPB shall provide additional funds as requested by the City. The City shall retum any unused funds to the JPB at the successful completion ofthe project Permits: Following approval of offrcial submittal of Issued For Construction plans, the City will issue all necessary permits for work to be performed in the City in accordance with the City's Municipal Code. Upon complete submittal of offrcially 7 C. D E approved Construction plans by JPB, the City shall issue the encroachment permits no later than twenty one (21) calendar days following the City's receipt ofsuch permit submission. Coordination: During construction of the Project, the City shall provide the JPB with a list of City persomel to be contacted in the event ofan emergency on the Project construction site within the City. Oblieations: The Parties shall agree in writing with regard to any new or replacement City lmprovements that will be the obligation of JPB to construct. Unless specifically authorized in writing, JPB shall not be required to replace any City knprovement with facilities ofgreater capacity, durability or efliciency than the one replaced, unless such replacement is required by the Project. Upon acceptance of any Project work related to City Improvements, City will have the responsibility for any maintenance, repairs, alterations or future upgrades or replacements ofsuch City Improvements. SECTION 8:]\IETH OD OF PAYMENT TO THE CITY The JPB shall make an initial deposit of $34,000.00 to the City for costs incurred by the City for desigr review and inspection costs for the Project as described in Section 7 above. The JPB will pay the City's standard permit and processing fees, as applicable to the Project. The City shall notifu the JPB when 75% of the initial deposit has been spent, at which time the JPB and the City shall review the spent and remaining budget to determine any additional needs beyond the initial deposit. Any change to the deposit amount shall be agreed upon by the JPB and the City. The City shall submit invoices no more than monthly for the permit fees and associated design review and inspection time of City Improvements. Invoices will have the detail ofthe services provided, distinguishing staffand supporting consultant time from permit costs. Back-up timesheets for staff and supporting consultant time will be included in the invoice subminal. Invoices shall be sent to the following contact and address: Attn: Accounts Payable Peninsula Corridor Joint Powers Board 1250 San Carlos Avenue San Carlos, CA 94070 A. B. 8 The payment of invoices will be contingent on the successful completion permit issuance within the timelines outlined above, provided that JPB has submitted approved and complete designs as described above. JPB shall be obligated to reimburse City costs as elsewhere provided in this agreement ifdelays beyond the timelines described above are occasioned by JPB's failure to submit timely and complete plans or other information as required. SECTION9: TRAFFICMAINTENANCEANDDETOURS The JPB will assume full responsibility for maintaining in service, or causing to be maintained in service, all traffic detours during JPB construction ofthe Project in a manner reasonably satisfactory to the City, subject to and consistent with all applicable California Department of Transportation requirements. All traffrc control, lane closure, and detour plans shall be submiued to the City for approval prior to commencement of any phase of construction requiring either traffic control or detour(s), which approval shall not be unreasonably withheld. The traffic control, lane closure, and detour plans shall speciS the length of time that portions of City streets will likely be closed. A.Although certain City streets will, ofnecessity, be partially closed for some period during construction ofthe Project, the JPB will, to the greatest extent practicable, maintain in service, or cause to be maintained in service, all City streets and related City Improvernents within the limits of the Project area in a manner reasonably satisfactory to the City. Access for emergency services will be maintained through either flagging or alternate routes approved by the City. At a minimum, two-way service will be maintained on all City streets affected by the Project, unless otherwise agreed to by the JPB and the City. In its Contract Documents, the JPB will require its contractor(s) to submit traffic plans showing haul routes, temporary closures, and the method of traflic maintenance and staging to the City for approval, which approval shall not be unreasonably withheld. The City shall approve or disapprove the plans no later than twenty-one(21) calendar days following the City's receipt of complete and accurate plans. C In its Contract Documents, the JPB will, prior to the tempomry closure to traffic of all or part ofany street, sidewalk, or other public access, require that its contractor(s) provide at least fourteen (14) calendar days' notice ofsuch closure to the City. Deviation fiom this fourteen (14) calendar day requirement may be permitted in bona fide emergency situations as determined by the JPB and the City. D At least seventy two (72) hours prior to the temporary closure to traffic of all or part of any street, sidewalk, or other public access, the JPB will post notice of such closure. Such notice of any road closure shall include, at minimum, use of an electronic sigrr. The JPB will also provide closure-information fliers to residents, schools, and businesses within a three hundred (300) foot radius ofany such closure. B 9 C. A.City's Indemnity. (1) City shall fully release, indemnifu, hold harmless and defend the JPB, as well as the San Mateo County Transit District, the Santa Clara Valley Transportation Authority, the City and County of San Francisco, Transit America Services, Inc. or any successor Operator ofthe Service, the Union Pacific Railroad Company, and/or their respective officers, directors, employees, contractors and agents (collectively, "JPB Indemnitees") from and against all liability, claims, suits, sanctions, costs or expenses for injuries to or death ofany person (including, but not limited to, the passengers, employees and contractors of City and JPB), and damage to or loss of property arising out ofor resulting from any act or omission by City, its agents, employees, contractors or subcontractors in the performance of its obligations under this Agreement, with the exception that this indemnity provision does not apply to any liability, claims, suits, sanctions, costs, or expenses for injuries to or death of any person, and damage to or loss ofproperty arising out ofor resulting from the City's approval ofplans or designs submitted by JPB, its contractor, or alEliates in connection with the Project. (2) City's obligation to defend shall include the payment ofall reasonable attomey's fees and all other costs and expenses ofsuit, and ifanyjudgment is rendered against any JPB Indemnitee, City shall, at its expense, satisfu and discharge the same, so long as said claim has been timely tendered to the City without prejudice to City's rights and/or abilities to undertake a defense ofsaid claim. B JPB's Indemnity. (l) JPB shall fully release, indemnify, hold harmless and defend the City and its respective offrcers, directors, employees, contractors and agents (collectively, "City Indemnitees") from and against all liability, claims, suits, sanctions, costs or expenses for injuries to or death of any person (including, but not limited to, l0 SECTION l0: EROSIONCONTROLPLAN The JPB shall provide an erosion control plan to retain sediments on site in accordance with the JPB'S Storm Water Pollution Prevention Program and Contract Documents. All stockpiled earthwork shall be protected from wind and water erosion. Dust control shall be undertaken in accordance with the JPB Contract Documents and shall provide for dust, erosion and pollution control seven days a week,24 hours a day for the duration ofconstruction activities SECTION 1I: DESIGNATED AGENT OF THE PARTIES The City contact person for all matters related to this Agreement will be the City Manager or his or her designee. The JPB's contact person for all matters related to this Agreement will be the Lin Guan (650-508-7976; guanz@samtrans.com) or his designee. SECTION I2: INDEMNIFICATION Severability. It is the intention ofthe Parties that should any term of this indemnity provision be found to be void or unenforceable; the rernainder ofthe provision shall remain in full force and effect. Survival. This indemnification shall survive termination or exptation ofthis Agreement. SECTI INSURAN The JPB shalt include in its Contract Documents a requirement that the City be named an additional insured on all policies of insurance required of its contractors. JPB and its contractor(s) shall comply with the City's insurance requirements for encroachment permits. SECTION 14:RESOLUTION OF DIS PUTf,S B. A.Prior to commencement of any formal litigation arising out of this Agreement, the Parties shall submit the matters in controversy to a neutral mediator jointly selected by the Parties. The costs of said mediator shall be borne evenly by the Parties involved in said dispute. To the extent the disputes remain outstanding following completion of mediation, any claim, controversy, action or proceeding arising out of or relating to this Agreement or to any document, instrument or exhibit executed pursuant to this Agreement shall be tried by a judge pro tem. Said judge is to be selected by counsel for the Parties from a list ofretiredjudges fumished by the presiding judge of the County of San Mateo. If counsel are unable to select a judge pro tem saidjudge will be selected by the presidingjudge from the list provided. Each Party shall pay its pro rata share of the fee for the judge pro tem. Each Party shall bear its own fees and expenses in such proceedings and the prevailing Party shall not be entitled to reimbursement fiom the losing Party for any such fees or expenses. The judge pro tem shall have the authority to try and decide any or all ofthe issues in the ctaim, controversy, action or proceeding, whether of fact or of law, and to report a statement of decision thereon. In any proceedings before the judge pro tem, tlle issues are to be determined under the statutory and decisional law ofthe State of C t1 C. D. passengers, employees and contractors of City and JPB) and damage to or loss of property arising out ofor resulting from any act or omission by the JPB, its agents, employees, contractors or subcontractors in performance of its obligations under this Agreernent. (2) JPB's obligation to defend shall include the payment ofall reasonable attomey's fees and all other costs and expenses ofsuit, and ifanyjudgment is rendered against City Indemnitee's or any one of them, JPB shall, at its expense, satisfy and discharge the same, so long as said claim has been timely tendered to the JPB without prejudice to JPB's rights and,/or abilities to undertake a defense ofsaid claim. Califomia. All local and Califomia Rules of Court shall be applicable to any proceeding before the judge pro tem. All proceedings shall be conducted on consecutive dates without postponement or adjoumments, except as granted by the judge pro tem. All notices required hereunder may be given by personal delivery, US Mail, or courier service (e.g. federal express) transmission. Notices shall be effective upon receipt at the following addresses. PCJPB: Peninsula Corridor Joint Powers Board 1250 San Carlos Avenue San Carlos, CA 94070 Attn: Executive Director City: City of Burlingame 501 Primrose Road, Burlingame, CA 94010 Attn: Lisa K. Goldman SECTION l6: PARTIES NOT CO-VENT URERS Nothing in this Agreement is intended to nor does it establish the Parties as partners, co- ventures or principal and agent with one another. SECTION I7:FURTHER ASSURANCES. TIME PER]O S AND RECORDS A.Each Party shall execute and deliver to the other all such additional instnrments or documents as may be necessary to carry out this Agreement or to assufe and secure to the other Party the full and complete enjoyment of its rights and privileges under this Agreement, subject to appropriate approvals of each Party's goveming body. Should unforeseen circumstances occur, the JPB and the City shall negotiate in good faith to reach agreement on any amendment(s) that may be necessary to fully effectuate the Parties' respective intentions in entering into this Agreement- Pursuant to Califomia Covemment Code Section 8546.7, the Parties shall be subject to the examination and audit ofthe State Auditor, at the request ofthe JPB or as part of any audit of the JPB by the State Auditot for a period of three (3) years after final payment under this Agreement. The examination and audit shall be confined to those matters connected with the performance of this Agreement including, but not limited to, the cost of administering the Agreement. B C t2 SECTION l5: NOTICES No director, member, official, employee or agent of the City or the JPB shall be personally liable to any Party to this Agreement or any successor in interest in the event ofany default or breach of this Agreement or for any amount which may become due on any obligation under the terms of this Agreement. SECTION 19: HEA-DING AN D TITLES Any titles ofthe Sections of this Agreement are inserted for convenience of reference only, and shall be disregard in construing or interpreting any part of its provisions. SECTION 20: APPLICABLE LA\\' This Agreement shall be interpreted under and pursuant to the laws ofthe State of Califomia The Parties agree that the jurisdiction and venue of any dispute between the Parties to this Agreement shall be the Superior Court of San Mateo County. SECTION2l: SE\.ERABILITY Ifany term, provision, covenant or condition of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder ofthe provisions shall continue in full force and effect unless the rights and obligations ofthe Parties have been materially altered or abridged by such invalidation, voiding or unenforceability. SECTION 22: BIND ING UPON SUCCESSORS This Agreement shall be binding upon and inure to the benefit ofthe transferees, successors and assigns ofeach ofthe Parties to it, except that there shall be no transfer ofany interest by any of the Parties to this Agteement except pursuant to the terms ofthe Agreement. SECTION 23 : REN{EDIES NOT EXCLUSIVE No right or remedy conferred upon or reserved to the JPB or the City under this Agreement is intended to be exclusive ofany other right or remedy, except as expressly stated in this Agreement, and each and every right and rernedy shall be cumulative and in addition to any other right or remedy given under this Agreement or now or hereafter existing at law or in equity or by statute, except such rights or remedies as are expressly limited in this Agreement. SECTION 24:FORCE MAJEURE In addition to specific provisions of this Agreement, performance by either Party shall not be deemed to be in default where delays or defaults are due to war, insurrection, strikes, lockouts, riots, floods, earthquakes, fires, quarantine restrictions, casualties, acts ofGod, acts ofthe public enemy, epidemic, govemment restrictions on priorities, freight embargoes, shortage oflabor or t3 SECTION 18: NON-LIABILITY OF OFFICIALS. EMPLOYEES AND AGENTS materials, unusually inclement weather, lack of transportation, court order, or any other similar causes beyond the control or without the fault of the Party claiming an extension of time to perform. An extension of time for any cause will be deemed granted if notice by the Party claiming such extension is sent to the other Party within thirty (30) days from the commencement ofthe cause and such extension is not rejected in writing by the other Party within thirty (30) days of receipt of the notice. Time of performance under this Agreement may also be extended by mutual written agreement, signed by both Parties. SECTION 25: INTEG RATION This Agreement represents the full, complete and entire agreement of the Parties with respect to the subject matter hereof, and supersedes any and all other communications, representations, proposals, understandings or agreements, whether written or oral, between the Parties hereto with respect to such subject matter. This Agreement may not be modified or amended, in whole or in part, except by a writing signed by an authorized officer or representative ofeach ofthe Parties hereto. SECTION 26:COUNTERPARTS This Agreement may be executed in counterparts, each ofwhich shall be deemed an original but all of which together shall constitute a single Agreement. SECTION 27: AMENDMENTS This Agreement may be amended only in a writing that is executed by the Parties hereto. SECTION28: THIRDPARTY RIGHTS Nothing herein shall be considered as creating any rights and/or obligations by any ofthe Parties to this Agreement to any third parties. Specifically, none of the duties to inspect or maintain shall in any way be construed as creating or expanding any additional obligations to any third Party beyond those required and established under the applicable statues, regulations, ordinances or law. SECTIO SUCCESSO This Agreement shall be binding upon and shall inure to the benefit ofthe respective successors and assigns ofthe Parties hereto. SECTION 3 0: BONDING JPB will require the desigdbuild contractor for this Project to provide performance and payment bonds in th; full amount of the contract and will require a two-year warranty period. The bond shall be maintained in full force and effect during the entire period that work is performed by the contractor until such work is accepted by JPB. With respect to work related to City t4 Improvements, the JPB shall not accept the work related to such facilities for purposes of this section until it has reviewed the matter with the City. This Agreement is made and entered into as ofthe date set forth above. PENINSULA CORRIDOR JOINT POWERS CITY OF BURLINGAME BOARD By: Jim Hartnett General Manager APPROVED AS TO FORM: JPB Attomey Lisa K. 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I STAFF REPORT AGENDA NO: 8f MEETING DATE: May 2,2016 To:Honorable Mayor and City Council Date: May2,2016 From: Syed Murtuza, Director of Public Works - (650) 558-7230 Subject:Adoption of a Resolution Approving a Professional Services Agreement with Alta Planning + Design for Engineering Design Services Related to the California Drive Bicycle Facility Feasibility Study Project, and Authorizing the City Manager to Execute the Agreement Staff recommends that the City Council adopt the attached resolution approving a professional services agreement with Alta Planning + Design, in the amount of $150,000 for engineering design services related to the California Drive Bicycle Facility Feasibility Study Project, City P@ect No. 84310; and authorizing the City Manager to execute the agreement. California Drive is a major north-south arterial in Burlingame. lt connects Burlingame with Millbrae to the north, and San Mateo to the south. ll varies in width from approximately 34 feet to over 60 feet wide, and in the number of lanes, varying between two and four lanes. With the increase in traffic and bicyclists using California Drive, specifically north of Broadway, the bicycling community has raised concerns about safety. The City has installed various safety improvements, including driver feedback signs, bicycle signage, as well as shared-lane markings in both directions (shanows). Although these improvements have made a positive impact, members of the bicycling community continue to be concerned about the safety of bicyclists. ln order to address these concerns, the City Council has expressed interest in exploring viable options to provide a more improved and safer bicycle facility along the corridor, particularly north of Broadway. The City Council approved funding to conduct a feasibility study as part of the FY 2015-16 Capital lmprovement Program. The study will determine the feasibility of building a Class I Bicycle Facility along the railroad tracks. lf a Class I Bicycle Facility is not a feasible option, the study will explore options of building a Class ll Bicycle Facility. Staff issued a Request For Proposals (RFP) for professional engineering services and received two proposals from qualified firms. After careful evaluation and interviews, staff selected Alta 1 RECOMMENDATION BACKGROUND DISCUSSION Califomia Dive Bicycle Facility Feasibility Study May 2, 2016 Planning + Design as the most qualified firm based on their understanding of the overall project, project needs, a well-defined scope of work, and quality of proposal. Staff has negotiated the following scope of services with Alta Planning + Design: Project Management - Develop and maintain critical path project schedule; attend meetings with City staff to review design at 35% and 60% plans; and provide quality control monitoring process for contract deliverables. Data Gathering - Conduct pre-design investigations, field analyses including surveying, obtaining as-builts, utility mapping, and preparation of base map. Traffic Engineering - Collect vehicle, bicycle and pedestrian volume counts, and accidenUcollision history analysis for the preparation of a traffic analysis study. Conceptual Design - Create up to three conceptual plans of roadway and intersection modifications along California Drive for public outreach meetings. Plans should include proposed cross-sections layout and striping and identify areas for stormwater best management practices and landscaping. Public Outreach - Conduct three community outreach meetings to gather input, obtain support for design concepts, and help select a preliminary design; hold additional meetings with individual stakeholders, and make presentations to the City Council. A project website will be created for project updates and other relevant material. Final Product - Prepare 35Yo and 60% design plans, specifications, and cost estimates FISCAL IMPACT The estimated consultant fee for completing the Feasibility Study is approximately $150,000. Additionally, staff estimates approximately $35,000 in contingencies, project management and administration costs. The City Council has allocated $200,000 as part of the FY 2015-16 Capital lmprovement Program for this project, which would be sufficient. Any savings from this project phase will be available toward future work in implementing the selected alternative. Exhibits: o Resolution . Professional Services Agreement (including Exhibit A: Scope of Services) . Project Location Map 2 RESOLUTTON NO._ CITY PROJECT NO. 84310 RESOLVED, by the CITY COUNCIL of the City of Burlingame, California and this Council does hereby FIND, ORDER and DETERMINE AS FOLLOWS: The public interest and convenience require execution of the agreement cited in the title above. 3. The City Clerk is hereby ordered and instructed to attest such signature. Mayor l, MEAGHAN HASSEL-SHEARER, City Clerk of the City of Burlingame, do hereby certify that the foregoing Resolution was introduced at a regular meeting of the City Council held on the 2ND day of Mav, 2016 and was adopted thereafter by the following vote: AYES:COUNCILMEMBERS NOES:COUNCILMEMBERS City Clerk 1 2 A RESOLUT]ON OF THE CITY COUNCIL OF THE CITY OF BURLINGAME APPROVING A PROFESSIONAL SERVICES AGREEMENT WITH ALTA PLANNING + DESIGN FOR THE CALIFORNIA DRIVE BICYCLE FACILITY FEASIBILITY STUDY PROJECT, AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT The City Manager be, and is hereby, authorized to sign said agreement for and on behalf of the City of Burlingame. ABSENT: COUNCILMEMBERS: AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES WITH ALTA PLANNING + DESIGN FOR CALIFORNIA DRIVE BICYCLE FACILITY CITY PROJECT NO. 84540 THIS AGREEMENT is entered into this day of 2016, by and between the Citv of Burlinqame, State of California, herein called the "City", and ALTA PLANNING + DESIGN engaged in providing PROFESSIONAL ENGINEERING DESIGN services herein called the "Consultant". RECITALS The City is considering cond ucting/undertaking activities for the consultant planning and engineering design services for California Drive Bicycle Facility. The Consultant represents and affirms that it is qualified and willing to perform the desired work pursuant to this Agreement. NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS: 1 Scope of Services. The Consultant shall provide professional planning and engineering design services related bicycle and pedestrian improvement projects, and as detailed in "Scope of Work" of the attached Exhibit A of this agreement. 2. Time of Performance. The services of the Consultant are to commence u pon the execution of this Agreement with completion of all work as set forth in Exhibit A. 3. Compliance with Laws. The Consultant shall com ply with all applicable laws, codes, ordinances, and regulations of goveming federal, state and local laws. Consultant represents and warrants to City that it has all licenses, permits, qualifications and approvals of whatsoever nature which are legally required for Consultant to practice its profession. Consultant represents and warrants to City Page 1 of 8 The City desires to engage a professional engineering consultant to provide planning, public outreach, and engineering design services because of Consultant's experience and qualifications to perform the desired work, described in Exhibit A. AGREEMENTS A. B. 4. Sole Resoonsibilitv. Consultant shall be res ponsible for employing or engaging all persons necessary to perform the services under this Agreement. 5. lnformation ort Handlinq . All documents furnished to Consultant by the City and all reports and supportive data prepared by the Consultant under this Agreement are the City's property and shall be delivered to the City upon the completion of Consultant's services or at the City's written request. All reports, information, data, and exhibits prepared or assembled by Consultant in connection with the performance of its services pursuant to this Agreement are confidential until released by the City to the public, and the Consultant shall not make any of these documents or information available to any individual or organization not employed by the Consultant or the City without the written consent of the City before such release. The City acknowledges that the reports to be prepared by the Consultant pursuant to this Agreement are for the purpose of evaluating a defined project, and City's use of lhe information contained in the reports prepared by the Consultant in connection with other projects shall be solely at City's risk, unless Consultant expressly consents to such use in writing. City further agrees that it will not appropriate any methodology or technique of Consultant which is and has been confirmed in writing by Consultant to be a trade secret of Consultant. 6. Compensation. Compensation for Consultant's professional services shall not exceed task. 150 000.00 and payment shall be based upon City approval of each 7 Billing shall include cunent period and cumulative expenditures to date and shall be accompanied by a detailed explanation of the work performed by whom at what rate and on what date. Also, plans, specifications, documents or other pertinent materials shall be submitted for City review, even if only in partial or draft form. Page 2 of 8 that Consultant shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement any licenses, permits, and approvals which are legally required for Consultant to practice its profession. Consultant shall maintain a City of Burlingame business license. Availabilifu of Records. Consultant shall maintain the records supporting this billing for not less than three (3) years following completion of the work under this Agreement. Consultant shall make these records available to authorized personnel of the City at the Consultant's offices during business hours upon written request of the City. 8 o Proiect Manaqer. The Project Manager for the Consultant for the work under this Agreement shall be_Ms. Jennifer Donlon Wyant, Principal. 10.Notices. Any notice required to be given shall be deemed to be duly and properly given if mailed postage prepaid, and addressed to: To City:Andrew Wong, Transportation Engineer City of Burlingame 501 Primrose Road Burlingame, CA 94010 To Consultant:Ms. Jennifer Donlon Wyant, Principal Alta Planning + Design 131 L Street Sacramento, CA 95814 or personally delivered to Consultant to such address or such other address as Consultant designates in writing to City. 11. lndeoenden t Contractor . lt is understood that the Consultant, in the performance of the work and services agreed to be performed, shall act as and be an independent contractor and not an agent or employee of the City. As an independent contractor he/she shall not obtain any rights to retirement benefits or other benefits which accrue to City employee(s). With prior written consent, the Consultant may perform some obligations under this Agreement by subcontracting, but may not delegate ultimate responsibility for performance or assign or transfer interests under this Agreement. Consultant agrees to testify in any litigation brought regarding the subject of the work to be performed under this Agreement. Consultant shall be compensated for its costs and expenses in preparing for, traveling to, and testifying in such matters at its then current hourly rates of compensation, unless such litigation is brought by Consultant or is based on allegations of Consultant's negligent performance or wrongdoing. Page 3 of 8 Assionabilitv and Subcontractinq. The services to be performed under this Agreement are unique and personal to the Consultant. No portion of these services shall be assigned or subcontracted without the written consent of the City. 12.Conflict of lnterest. Consultant understands that its professional responsibilities is solely to the City. The Consultant has and shall not obtain any holding or interest within the City of Burlingame. Consultant has no business holdings or agreements with any individual member of the Staff or management of the City or its representatives nor shall it enter into any such holdings or agreements. ln addition, Consultant warrants that it does not presently and shall not acquire any direct or indirect interest adverse to those of the City in the subject of this Agreement, and it shall immediately disassociate itself from such an inlerest should it discover it has done so and shall, at the City's sole discretion, divest itself of such interest. Consultant shall not knowingly and shall take reasonable steps to ensure that it does not employ a person having such an interest in this performance of this Agreement. lf after employment of a person, Consultant discovers it has employed a person with a direct or indirect interest that would conflict with its performance of this Agreement, Consultant shall promptly notify City of this employment relationship, and shall, at the City's sole discretion, sever any such employment relationship. A. Minimum Scope of lnsurance: Consultant agrees to have and maintain, for the duration of the contract, General Liability insurance policies insuring him/her and his/her firm to an amount not less than: One million dollars ($1,000,000) combined single limit per occurrence and two million dollars ($2,000,000) aggregate for bodily injury, personal injury and property damage in a form at least as broad as ISO Occurrence Form CG 0001. [.Consultant agrees to have and maintain for the duration of the contract, an Automobile Liability insurance policy ensuring him/her Page 4 oI 8 13. Eoual Emolovment Ooportunitv. Consultant warrants that it is an equal opportunity employer and shall comply with applicable regulations governing equal employment opportunity. Neither Consultant nor its subcontractors do and neither shall discriminate against persons employed or seeking employment with them on the basis of age, sex, color, race, marital status, sexual orientation, ancestry, physical or mental disability, national origin, religion, or medical condition, unless based upon a bona fide occupational qualification pursuant to the California Fair Employment & Housing Act. 14. lnsurance. i. and his/her staff to an amount not less than one million dollars ($1,000,000) combined single limit per accident for bodily injury and property damage. Consultant agrees to have and maintain, for the duration of the contract, professional liability insurance in amounts not less than two million dollars ($2,000,000) each claim/aggregate sufficient to insure Consultant for professional errors or omissions in the performance of the particular scope of work under this agreement. Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses. B. General and Automobile Liability Policies: The City, its officers, officials, employees and volunteers are to be covered as insured as respects: liability arising out of activities performed by or on behalf of the Consultant; products and mmpleted operations of Consultant, premises owned or used by the Consultant. The endorsement providing this additional insured coverage shall be equal to or broaderthan ISO Form CG 20 10 11 85 and must cover joint negligence, completed operations, and the acts of subcontractors. This requirement does not apply to the professional liability insurance required for professional errors and omissions. The Consultant's insurance coverage shall be endorsed to be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insurances maintained by the City, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not conkibute with it. t. . Page 5 of 8 t. iii The Consultant's insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the limits of the insureds liability. ln addition to these policies, Consultant shall have and maintain Workers' Compensation insurance as required by California law. Further, Consultant shall ensure that all subcontractors employed by Consultant provide the required Workers' Compensation insurance for their respective employees. All Coverages: Each insurance policy required in this item shall be endorsed to state that coverage shall not be canceled except after thirty (30) days' prior written notice by mail, has been given to the City (10 days for non-paynent of premium). Cunent certification of such insurance shall be kept on file at all times during the term of this agreement with the City Clerk. Acceptability of lnsurers: lnsurance is to be placed with insurers with a Best's rating of no less than A-:Vll and authorized to do business in the State of California. Verification of Coverage: Upon execution of this Agreement, Contractor shall fumish the City with certificates of insurance and with original endorsements effecting coverage required by this clause. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be on forms approved by the City. All certificates and endorsements are to be received and approved by the City before any work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. 15. lndemnification. To the fullest extent permitted by law, (including without limitation, California Civil Code sections 2782 and 2782.6), Consultant shall save, keep and hold harmless indemnify and defend the City, its officers, employees, authorized agents and volunteers from all damages, liabilities, penalties, costs, or expenses in law or equity, including but not limited to attorneys' fees, that may at IV C D E F Page 6 of 8 Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officers, ofiicials, employees or volunteers. any time arise, result from, relate to, or be set up because of damages to property or personal injury received by reason of, or in the course of performing work which arise out of, pertain to, or relate to, directly or indirectly, in whole or in part, the negligence, recklessness, or willful misconduct of Consultant, or any of the Consultant's officers, employees, or agents or any subconsultant. This provision shall not apply if the damage or injury is caused by the sole negligence, active negligence, or willful misconduct of the City, its officers, agents, employees, or volunteers. '16.Waiver. No failure on the part of either party to exercise any right or remedy hereunder shall operate as a waiver of any other right or remedy that party may have hereunder, nor does waiver of a breach or default under this Agreement constitute a continuing waiver of a subsequent breach of the same or any other provision of this Agreement. 17. Governinq Law. This Agreement, regardless of where executed, shall be govemed by and construed under the laws of the State of California. Venue for any action regarding this Agreement shall be in the Superior Court of the County of San Mateo. 18.Termination of Aqreement. The City and the Consultant shall have the right to terminate this agreement with or without cause by giving not less than fifteen (15) days written notice of termination. ln the event of termination, the Consultant shall deliver to the City all plans, files, documents, reports, performed to date by the Consultant. ln the event of such termination, City shall pay Consultant an amount that bears the same ratio to the maximum contract price as the work delivered to the City bears to completed services contemplated under this Agreement, unless such termination is made for cause, in which event, compensation, if any, shall be adjusted in light of the particular facts and circumstances involved in such termination. 19. Amendment. No modification , waiver, mutual termination, or amendment of this Agreement is effective unless made in writing and signed by the City and the Consultant. 20.Disoutes. ln any dispute over any aspect of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, as well as costs not to exceed $7,500 in total. Page 7 of 8 21 . Entire Aqreement. This Agreement constitutes the complete and exclusive statement of the Agreement between the City and Consultant. No terms, conditions, understandings or agreements purporting to modify or vary this Agreement, unless hereafter made in writing and signed by the party to be bound, shall be binding on either party. lN WITNESS WHEREOF, the City and Consultant have executed this Agreement as of the date indicated on page one (1). City of Burlingame "Consultant" nMlx/BY Lisa. K. Goldman City Manager Approved as to form: City Attorney - Kathleen Kane ATTEST: City Clerk - Meaghan Hassel-Shearer A6 eYanriing%besign PrintName:S6<tl licr,,.Cor Title: Principal c I Page 8 of 8 EXHIEIT A Professional Engineering Design Services for California Drive Bike Facility Work Plan r\lu Planning + Design (Alta) unde$tands that thc Gty of Burlingome (City) is looking for assistance to produce community-supported preliminary plans and dcsign documens to improve bicyde, pedestrian end vehicular access along Califomie Drive, from lvlurchison Drive (northern Ciry limi$ to south of Broaduray. This 1.4 miie scction of Califiomia Drive is an imponant connectioo for the City bicyclc nctwork and thc San lvlatco County North-South Bikc Route. The follorving approach is based on our understanding of the needs of the Gty, and our expericnce rvirh similar projccs and national best practices. \Ye are flexible in our approach and look foruzrd to refining this based upon your feedbecl<. Task 1. Project Management and Administration TASK 1 .1 , PROJECT MANAGEMENT Alta will provide experienced proiect management so thet this proiect can be implemcnted with comrnunity suppon and in a timely manner. Produciog a highnudiry pmjcct that meets end e\ceeds thc Gty's nccds and schedule critcria rcquires an uoderstandiag of the issues and concems of the City, ncighborhood associations, advocatcs, and othcr stakeholdcrs. Effcctive project management requires communicatioo skills that facilitatc a common expcctatioo of thc projcct outcomc. Effcctivc project leadership requires reachiag corxiensus on a shared vision for thc proiect to facilitatc broad comrnunity suPPort. Tfuoughout the planning aod design process, Alta's Projcct lvlanager Bryan Jones rvill provide regula.r conact with City's Project N'Iaaager and othcr saff. Communicadon will indude facc-to-face mcctings, c-mails, telephonc calls, and writterr documcnts. All dcsign drarving!, mernoraoda, mapping and delivcrables will be submiaed and distibuted in electronic fornat whene!'er possiblc in an effort to promotc sustainabiliry goals throughout the Ptoicct. 'fhis task iodudes managing and updating the prolect schcdule. Activities planned within Task 1 . 1 iodudc: o An in pcrson proiect kich-off meeting to disclss thc proiect objcctives o Nlonthly meetings by phone aad up to three in-pcson meetings witlr Citv staff to ideotity key issues and concems about dte corridor and the functiooality ofthe proposed improvements o 'Ihrec in petson meetings to rwiew kcy delivcrablcs, including ptdminary design,35% plans, and 6flo plans . Tour of pmposed ptoiect area TASK 1.2. PROJECT ADMINISTRATION Ala will consolidate the iovoices of the proicct team ioto one invoice that vill be submitted montlrly ro the City. Alu vill prcpare and submit invoiccs as oudincd in the contnct language provided by the City. Thc proicct team will provide task levcl descriptions ofwork complctcd and pcrcent of tasls completed. TASK 1.3, QUALITY CONTROL Each of our submittals will be reviewcd by the Principal-in-Chargc and Projcct lvlanagcr/Senior Engineer as well as expctienced rUta design staff not direcdy iavolved with the prolect so that applicable professional and rcgulatory quality standads are mct We utilizc senior level staff for all submittal rcaisvs, and deady communicate projcct rcquirearcns to the cntitc proiect team so that all team members undeBtand the proicct expecBtions. Task I Dsllver.bles: o Coordinatioo with Gty Ptoiect lvlalagcr (mecdngs, conference calls, web-conferences, emails) o Update project schedule moo*rly . lvlorthly prog.css repors and invoiccs o l\Ianagemeot ofproject and asks, induding subconsultants o Quality assunnce of dcliverables o One (l) kict-off mceting, 6eld tour, and up to ttrree (3) face-to-face coordinatioo meetings with Gty ) Schcduled completion: Nlonthly and ongoing throughout thc proiect from Notice to Proceed (NTP + 7-5 months) Task 2. Existing Conditions Analysis 'fhis scope assumes the City and parmcr agerrcics will assist the AIta team in obtaining tecord drarvings, right-of ray and parcd maps, records of surrey, patcd and subdivision maps, availablc uriliry maps, utility plans, assessor's maps, and availablc suwcy information in ATcGIS or AutdAD format. TASK 2.1 . SURVEY AND BASELINE MAP Ivlacl*od and r\ssociates will devdop a CAD base map from an aerial topographic survey at a scale of 1"=20'vith ooe-foot contours. A supplemental ground survey will be taken rvhcre thc aerial survcy is obscurcd. Features to be mapped iodudc: sidc\.alks, curb and gutter, drivervays, surface utilities, signs, fences, tralls, ovcrhead utilitics, sreet lighr, buildings, tlces, Frvement elevations, and street mooumeots. Thc survey will usc NA1T)88 vcrtical datum aod NAD83 horizonml datum. Colored orthorectified images rvill also bc hduded for thc entirc projcct area to bc tscd for public meeting crhibits and materials. Right-of-way information rvill be collectcd along Cdifomia Drive, including ploperty liocs aloog thc Caltrain corridor. Right of rvay lines, succt centerlines, and propcrty lines rvill be provided in the r\utoCAD base map. This scope of work does not include acquisition of aay additional dght-of-rvay that may be rcquired, nor does it indude the cost of tdated survc)'ln& certification, relocatioo, deed prcparatioo and rccording. Such scrcices can be quoted scparatdy. EXHIBIT A EXH'BIT A TASK 2.2. OBTAIN AS.BUILT PLANS AND UTILIry MAPPING Alta will perform utility research to identi$ potential utility orvners and opentoEn rvirhin thc project yiciniry. Alta will providc notification of the impendiog proiect to poteotial utility orvncrs operating in the profect area. The notification to utfity orvners will indude r requcst for data rdated to the size and locadon of their facilities within the project limits. A system map of underground utilities rvill be preparcd in AutoC-{D based on ioformation obtained from utility companies and the City. The existiog utiliry base map will be used to assist in the ideotification of potential utility conflicts. TASK 2.3. EXISTING CONDITIONS TRAFFIC ANALYSIS Alta rvill revierv existing trafic conditions aloog California Ddve and conduct &affic analysis for the corridor. this includes collision history nnalysis, bicyde, pedestrian, and traffic counts, and turniog movcmens for both fu\I and Pll pcak periods at up to *uee intersections, as rvdl as Averagc Daily Traffic counts at thrcc roadrvay scgmeos. Alta rvill prepere a traffic analysis report summarizing cxisting traffic conditions dong Califomia Drivc. Task 2 Delivetables:e Baseline map with RO\t(/ aad utfities o TrafEc counts at thrce (3) locations and collision analysis o TrafEc Analysis Stud), ) Scheduled completion: Sis (6) rvceks ftom Notice to Proceed (NT? + 1.5 months) Task 3. Preliminary Bikeway Concepts and Public Engagement TASK 3.1. PRELIMINARY BIKEWAY DESIGN PLANS Alta is skilled at repurposing road space and workirg rvithin the eristing tight-of-rvay aod parement to create space to enhance safety and mobility for roadway users ofall abilities. Alta rvill prepare up to thtee (3) initial conceptud designs for bikeway, roadway, and intersection modilications along Califomia Drive bctrveen IUutchison Ddve aod south of Broadrvay bascd on the information gathered from *re meeti.ngs, identilied goals, and freld work. \Ye rvill use City and stakeholder input to collaboratirely arrive at up to three conceptual design altcrnatives. The duee design altematives may bcgin as an assortment of cross- section possibilitics, including bicyclc larres, separarcd Class I paths and bicycle boulward ueatments (sharcd lanes, markinp, and trafEc calming). Alta rvill desigo and ideati$ bene6ts for pedestdans and bicyclists for each design altemativq specifically idcntifying rvhere potential conflics tnev occur and dcsigrr.ing enhancements within the p.oiect to improve darity and safcty betnreen motorists, bic)'clists, aud pedestrians. While we har.e a sense of the options available vithin this corridor, rve vill use the public engagement process to help define the potendal oprions to coosidcr. Traffic calmiog feaures, streetscapc elements, aod landscapiog rvill also be included part ofeach alternative. \l'e vill provide site plan illustrations for the corridor usiog a combination of Adobe and AutoCAD design sofnvare. Thcse illustratioos rvill intuitivc\ commuoicate the details of the proposed designs to a radety of stakeholders; horvevcr, they rvill be based in AutoCAD allowing efficient transition ioto the 35?o preliminary dcsign drawinp. We rvill use an itetative design process, rvorking with the City and stakeholdcrs to reEne concepts. We assume that we vill have hvo (2) urotking meetings rvith staff during this phase of rvork to evaluate the ideas thtoughout the process. The cooccpt dcsigo rvill illustrate EXHIBIT A various idcas, induding corridor cross-scctions, intersection trcxtmcnts, and interaction with intcrsecting bikevays. The conccptual drawing rvill bc shown on .ligtral topographic maps and/or aerial images, and rvill dcady indicatc critical dimeosioos, unique gcomeuic feahrres aod program dernents, concepoal traffic cootrol and signagc/striping, landscaping, location of utilitics, proposed circ,ulation revisions, and pmximity to adjaccnt land uses. In addition to the oyerall site plans, typicel cross sections and up to three (3) 3D illustrations (SkctchUp/Adobc Photoshop format) rvill be prepared for each altcmative that will demonstratc the allocation ofspacc for all modes of trrvcl so that they are dcady undcstood by community mcmbers. TASK 3.2. DEVELOP PROJECT WEBSITE AND OUTREACH MATERIALS/NOTICES iUa will dcvelop a projea rvcbsite vith images, mccting summaries, and proiect update naratives. Throughout thc dutation of the project, Ala vill nraiotain and update the proiect wcbsitc with rclcvant informatioo for public inforution aod outreach. ;\lta vill prcparc dctailcd agendas and provide expert graphic design services (in the form of posters, mailcrs, flyers, comment cards, and meeting presenratioo tn rtedals) for the three (3) community ouueach mqe.ings id€artihed fot th.is sage. Alte vill also prcpare PorverPoint slides for City Couocil mcetings and public outrcach mecting. TASK 3.3. PUBLIC AND STAKEHOLDER ENGAGEMENT Public engagemcnt is essential to gain community orvnership and build momentum for this important project. Thctc ere many sakeholders along this corridor, induding but not limited to the City, Council member steff, Caltrain, rcsidents, neighborhood associations, aod advocates. Alta proposes haring a multi-pronged appmach to commuoity cngagcmcnt, including o A kick-off meeting and Ecld tout rvith staff o Individual mcetings with kcy su.kcholders o Prcscnrations to the Burlingame Cig Couocil . Public ouEeach meetings Upon selcctioo, Alta vill rvork with the City to refine thc proposed stakcholder engagcmcor process and develop a stakeholder list that includes residcns, employees, businesscs, propcrry owners, orp;anizations, user gtoups and advocates. Alta will lead threc (3) public mcctiogs as part of this process. \['e also propose ro conduct trrgeted stakcholdcr mcedngs, with individuat sakcholders (such as Caltrain) ot a small group. Thcse meetings rvould be held in coniunctioo vith othcr tcam mcetings and/or public mcctinp. Intcrfacing dilccdy with the stakeholdcr goups will be impormnt for geining buy in oo thc proposcd design concepts. A.lta rvill also present progress flt nvo (2) City Council meetingp. The follorviag table provides a specific recomrnendation for mcedngs: Alta rvill preparc graphic displav boads aod assist with devdopment and ptcscotadon of a PowsPoint at each of thcse mcetings as appropriate. Alta rvill also servc as scribe for commwrity nnd stakeholder mceting, and will provide mecting ootes and action item summaries withio 5 business days of each EXHIBIT A meetiog. ?\lta vill also maintain a proiect contact list th;oughout tbe project bascd on mecting anendee informarion and other conac* provided by others. The public and stakcholder eogagement process rvill allow individuals and organizations the opportunitv to be heard and be part of the design process rather than iusr hear about the proiect that is going to be cons tructed. Task 3 Deliverables: . Ptdiminar,, Bikevay Design Plan . Tpical cmss-sectioo and 3D illustrations . Project vzebsite and outreach matcdal/notices . Thrce (3) communiry meetings and plesentations . Tvo (2) Gty Council mectiogs and preseotations ) Scheduled completioo: fow (4) months from Notice to Procced (NTP + 4 morths) Task 4. 35olo and 600/o Plans, Specifications, and Estimate Documents TASK 4. 1. 35O/O PLANS, SPECIFICATIONS AND ESTIMATES Alta rvill prepare 357o Plaos, Specifications, aod Estimates (PS&E) in accordance rvith the latest editioa of the Public Works Sundard Drawings and Specifications for the City of Burlingame and the 2010 Caltrans Standard Plans and Specifications. The design plans rvill be prepared based on the selectcd prefetrcd alternative from the prelirninar,v design stage. The plans will be prcpared in AutoCAD at a scale oF 1"=40' or better. Detailed intersectioo sheets will bc includcd for roadway segments or iatetsections that are non-tyDical and require specitic details for the contractor to follorv- The scale of these drarvings rvill be minimum 1"=20'. Detailed unit price constmction cost estimatcs szill be developed for the 35olo submittal usiog historical bid data in the lormat of rhe City's choosing. Meetings Purpose 1. lnilial Stakeholdet and PublicCoordination Before conceplual design (Iask 3.1) begins. Brainstorm ne€ds, mncems, constrainls, and opportunities in the corfdor. Alla will present high levet data and infomation in an accassible format. These meetings will guide the design concepts to be developed in Task 3.1 . 2. Design Concepls Review After conceptual design (Iask 3.1) is completed. The meetlng will include informalion about each concept and opportunilies for lhe public and stakeholders to rate each concept based on a set of obiective factors. 3. 35% Oesign Review AflerTask 4.1 is complete Remind participants about lhe ca.eful steps from pre- conceplual design lhrough preliminary design. This meetiflg provides an opporlunity for lhe public and stakeholdeG to make sure the design addresses the issues Eised during the process. Timeframe EXHIBIT A With each submitd, City staff will rcview and providc a consolidated and intemally consistent set of cotlrments to be incorporatcd in the next plan scr After the rcview period, r\lta's Project lv[anagcr Bryan Jones rvill meet rvith City staff to rcvierv desigo changes to be incorporated in thc n€xt submiftal. T'hc follorving are the anticipated plan shects to be includcd in the 357o subminal; . Tidc sheet o Gcncml notes o Existing conditions and demo ' 'l'YPical sections . hyout plans . Interscction details . Sigung and striping plans and deails TASK 4.2. 60% PLANS, SPECIFICATIONS AND ESTIMATES Ala will update the 35o% Plans to 60/o desigo lcvel bascd on input from thc City, public and stakeholde$. Drainage improvem€'nts atrd adiusurrents to exisriog storm dnin systern may be necessary if the prcfcrred design indudes cub extensions, roadway rvidening or separated Class I bike facility. Adiustrnent of utility covers to gradc and poteotidly some utiliry relocatiom nray also be neccssary depending on thc p.cfcrred dcsign altcmatire. I-andsceping and Irrigation design will be included for areas idcntified in the pdiminary dcsign. Project specificatioos rvill be prepared rt this time in accordance sdth thc latcst cditioo of the Public Works Standard Spccifications for the City of Bulingame and 2010 Caltrans Stalrdard Spccifications. The dctailcd unit price constructioo cost estimates will bc updated for the 60lo submitral. Thc 60/o plans rvill preseot dl proposed project fcatures and are anticipated to include the following sheers: r 'Iidc shect . General notes o Eristing conditions and demo o TPical sections . Iryout plads o lnterscction details . Signrng end striping plans and detafu . Grading plans r Drainage and utility plans and details o F-rosion control plans r l-andscaping and irrigation ptans and dctails . TrafEc conrol plans e Watcr pollution cootrol pl,rns 'l'atl", 4 Dcliucrsbht o 35% PS&E - Ten (10) sets of 11" X 17" plan documcnrs, along with 8.5" X I l" cstimate. EXHIEIT A o 6fflo PS&E - One (1) set of futl size plan documents on reptoduciblc bond. Ten (10) sets of 11" X 17" plan documeots, along with 8.5" X 11" spccifications and estimetes. Onc (1) CD rvith PDFs doctments and AutoCAD fIles. ) Scheduled Completion: see€ri and a half p.5) months ftom Notice to Proceed (NT? + 7.5 mon$s) Optional Task 5 Application for FHWA or CTCDC for Experimentation TASK 5.1. FHWA Should the proposed solution requirc FIIWA permission to erpetiment with idcntificd design elements that do oot have an sistiog dctcrmination, Alta will preparc ao application oo behalf of the City. This does not indudc beforg during, or after monitoring or data collection or atteo&nce at meetings as may be requircd as part of the application process, rvhich can be done on a time and materials basis. TASK 5.2. CTCDC Should the proposed solution require CTCDC permission to expcrimert wi*r idcntificd design elcments that do not have an eristing determinatioo, AIta rvill prcpare an application on behalf of tbe City. This does not indude beforc, during or rftct rnonitodng or data collection or attendancc at meetings as may bc required as gan of tlrc applicatioo process, rvhich can bc done on a time and materials basis. Tark 5 Dcliwrubht . Applications fot CTCDC or FI'IVA permission ) Scheduled Completion severr and a half (/.5) months ftom Noticc to Proceed (Nm + 7.5 months) EXCLUSIONS lhis scope of work is iotended to cover the work idcntified abovc. It docs oot iodude any of the following: o EnvLonmenul documcnts (CEQA or NEPA) or permits . Signnl modifietion plans . Final PS&E o Bidding and constnrction rdministration support . Gcotechnical analFis or recommendation o lUght-of-'*ay acquisirion or any tasks relatcd to acquisition (i.e. plat preparation, ctc.) . .Any other services not cxplicitly stated above EXHIBIT A COST PROPOSAL a tqrid aar rrr litdrql ttrl --LtararrrnrEaaa/aaaati*aha--lr+. t ad.iEqatra-ld. r rt*r--rhta..ah,*E a- aaanao,,tr1e ulrrTta40a tinhdraL l9!d. nra ,Ennrsrgo.!. rE 6d. Iro arra n'. 5- tr, la 14, i2!. -r, lrr.. aarx &3 tra ll,.. ..r, 1- ra raaa 5a 4, ata,2n gAl SAN .,.< 7 Q\. ,% .tr ."" +1 qa t s !: J c\S 2, % ry- oi /oo cv orl(nst oo C,z (Jo'd .' o- <. P;-i z.'"- O>- i-ir-=<'6uCooIIJoFE(J>LU.9=cov(uo- Lo .gct-o =(o(J STAFF REPORT AGENDA NO: 89 To:Honorable Mayor and City Council Date: May 2,2016 From: Syed Murtuza, Director of Public Works - (650) 558-7230 Subject: Adoption of a Resolution Accepting the 2015 Street Resurfacing Project by lnterstate Grading & Paving, lnc., City Project No.84160 Staff recommends that the City Council adopt the attached resolution accepting the 2O15 Street Resurfacing Project constructed by lnterstate Grading & Paving, lnc., City Project No.84160, in the amount of $1,159,282.55. 1 MEETING DATE: May 2,2016 RECOMMENDATION BACKGROUND On July 6, 2015, the City Council awarded the 2015 Street Resurfacing Project to lnterstate Grading & Paving, lnc., in the amount of $1,195,130.90. The project was funded by State Gas Tax, San Mateo county Measure A, and Measure M funds. The project consisted of performing asphalt base-failure repairs, asphalt overlay, micro-sealing, pavement reconstruction, concrete curb and gutter repairs, and traffic striping improvements at the following locations: . 1400 block of Chapin Avenue . 2100 block of Clarice Lane . First block through 100 block of Loma Vista Drive . 400 block of Marin Drive . 1300 block of Marsten Road . 2200 through 2600 blocks of Martinez Drive . 1 100 through 1400 blocks of Sanchez Avenue . '1300 block of Skyview Drive . 200 block of Vernon Way . Karen Court . Arguello Drive from Sebastian to Trousdale (digout repairs only) . Carolan Avenue from Broadway to Oak Grove (digout repairs only) . Bayshore Highway from Burlway Road to U.S. Highway 10 ,l off+amp (digout repairs only) . Parking Lots C, K, B, & N .r Adoption of a Resolution Accepting the 2015 Street Resurtacing Project May 2, 2016 DISCUSSION The project has been satisfactorily completed in compliance with the plans and speciflcations. The final project construction cost is $1 ,1 59,282.55, which is $35,848 lower than the original contract price. The decrease in cost was due to a reduction in quantities. FISCAL IMPACT The following are the estimated final pro.iect expenditures: Expenditures: Construction Contract Construction lnspection & Testing Enoineerino Desion & Administration $ '1,159,283 $ 57,040 s 68.100 Total: $ 1,284,393 Sufficient funds are available in the Fiscal Year 2015-2O16 Capital lmprovements Project budget to cover the final estimated project costs. Exhibits: o Resolution o Final Progress Payment . Project Map 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME ACCEPTING IMPROVEMENTS - 2015 STREET RESURFACING PROJECT BY INTERSTATE GRADING & PAVING, INC. ctw PRoJEcr No. 84160 RESOLVED by the CITY COUNCIL of the City of Burlingame, Califomia, and this Council does hereby find, order and determine as follows: 1. The Director of Public Works of said City has certified the work done by lnterstate Grading & Paving, lnc., under the terms of its contract with the City dated July 6, 2015, has been completed in accordance with the plans and specifications approved by the City Council and to the satisfaction of the Director of Public Works. 2. Said work is particularly described as City Project No. 84160 3. Said work be and the same hereby is accepted. Mayor l, Meaghan Hassel-Shearer, City Clerk of the City of Burlingame, do hereby certify that the foregoing Resolution was introduced at a regular meeting of the City Council held on the 2d day of Mav, 2016, and was adopted thereafter by the following vote: AYES:COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: NOES: ABSENT City Clerk RESOLUTION NO.- .t.. tI I I n i:P IP : l:It ; i; s !$- t- II :'I I I I''': ' 69 6a :s I i I I I I i I 'H I I I I I I i I I i I I :: SE 38 $$88 E: ;8 I I I I I II I I ; I I I ;iFi al..i I Et tHtl{l strt HEI -}{ t^l J N EE FI 6 I t r 8 a ! c t 2 d 9 8 B a !r6t6 E a I I t$ Eal rs6< ?i,rErt H s!oia 9;8*88 EI j9.-.-.-..99=siA!ee:ela-l 3; r 8I8I8 E E E E I E qq EEBBPEPEER*[q3EEgr ( 3Ea88t88888838EE EBC$PERl$fiEE?:IE i:*sainsg*$6$$E$${EgEBrsosro il$g3gE;5EgE!! Is8a8br8888883EtqAEEg E se "iii'38 $ 389's3! B{- E s 8I I I8 8 8 8 r I8 E E e E E E 8E *ccccsEsErge;fiFgB8Eq9ii-:R.d ari..o..E99- 8833333888e38883qE94pE€EghBE"""g598ueE EF;FE:****::;*:S:H*: f; B3e 8.fi sp : 8e Ep' Ecl I :- aeEasa tl ls:l i==l li;l tl l=xll:eltltt !.;! 3E iIt- l-?slat .i: bl EIiErl6t I t)@t :; 6? 5- .tE .iII u5 E !H0l.qf,aza zBr 5 E 3 o_ .:6 5q Bi T89; z<dg t1ha !E EEruEE"EE:t5 *$* t $:€ €es a €E uEsE .;EEAEE Es sEE . =E- E;TTEE: EE iiE ariEEaEiilliiigEEliiE I E , all1!ii I :i ai cl :l ei l iil!t:l!li;; lilllil ti l\) 3(, @-{f,mo "I=VD-'9EimcyqnH ={eDYollzsoo;!o7oon z I 6 &" I /1 ., I !l "a It L \ \ e \\\\ +r \ z --1 ,,"\ STAFF REPORT 8h MEETING DATE: May 2,2016 To:Honorable Mayor and City Council Date: May2,2016 From: Carol Augustine, Finance Director - (6501 558-7222 Subject: Quarterly lnvestment Report, Period Ending March 31,2016 Staff recommends that the City Council receive and approve the City's investment report through March 31, 2016. This report represents the City's investment portfolio as of March 31, 2016. The report includes all invested City funds with the exception of bond proceeds. All investments are in compliance with the City's adopted Statement of lnvestment Policy. The City's investments are guided by the Statement of lnvestment Policy, which is reviewed and approved by the Council annually. The policy was last approved by the City Council on August 17,2015. The policy directs that investment objectives, in order by priority, are safety, liquidity, and return- This conservative approach ensures assets are available for use while also allowing the City to earn additional resources on idle funds. The City utilizes a core portfolio of investments managed by the City's investment advisor, PFM Asset Management, and also maintains funds invested in the State's Local Agency lnvestment Fund (LAIF) and the San Mateo County Pool, to achieve its investment goals. CURRENT MARKET CONDITIONS Volatility ushered in the New Year, as slowing global growth drove investors out of riskier assets, such as equities and high-yield bonds, and inlo safehaven securities such as U.S. government debt. Stocks posted one of their worst-ever starts to a year, with the S&P 500 falling more than '10% while commodity prices plunged. As a result, U.S. Treasury yields retraced nearly all of their fourth{uarter increases. 1 AGENDA NO: RECOMMENOATION BACKGROUND DISCUSSION lnveslment Repo/,,, March 31,2016 May 2, 2016 2.00% 1.80% 1.60% 1.,O% ! 1.2()95F r.oo* 0.80% 0.60% 0.,(L6 0.2& 0.m% 3r31/15 0.o20/o o.140h 0.22% 0.55"/. 0.88% 1.34v" 1.93% 2.54% lsrQuarter Change 0.03% {.10% 4.O20k 4.33% 4.55% 4.55% {.50% 4.41% U.S. Treasury Yield Curve -Mard! 31,2015 -o€cerbe. 3'1, 2015 -Mard 31,2016 3 Month 6 Monttr 'l Yeat 2 Year 3 Year 5 Year 10 Year 30Year 3 6 M 1 2 513 t\l Y Maturity The Federal Reserve (Fed) left policy rates unchanged in the 'lst quarter. The Federal Open Market Committee (FOMC) lowered expectations to just two rate hikes in 2016 (from its December expectation of four rate hikes in 2016) and acknowledged that global economic and financial market conditions posed a risk to its outlook. While the Fed embarks on a tightening path, other global central banks are still easing monetary policy. The European Central Bank expanded its bond purchase program to 80 billion euros per month, including the purchase of corporate bonds, while the Bank of Japan cut rates to -0.10%. U.S. gross domestic product (GDP) g rew at a 1 .4o/o rate in the fourth quarter of 201 5 and 2.4o/o tor all of 2015 as consumer spending continued to drive growth, while business investment and net exports were a drag. Preliminary estimates of groMh in the first quarter are approximately 1%. The labor market remained strong, as employers added 628,000 net new jobs in the first three months of lhe year. The unemployment rate for March came in at 5%, as the labor participation rate increased for four months in a row. PORTFOLIO INFORMATION The City's cash, excluding bond proceeds, is pooled for investment purposes. As of March 31, 2016, invested funds totaled $121,195,497 (including the cash balance in the City's custody account). These investments are assets of the City of Burlingame, which includes the General Fund, the enterprise funds (such as Water, Sewer, and Solid Waste), as well as various non- major funds. Main lnvestment Portfolio Main lnvestment Portfolio - Cash Balance lrwestment Portfolio B S€n Mateo county Pool galance LAIF Balance 69,420,L17.74 219,755.95 5,996,697.N 1,Otu,243_65 ,+4,098,642.86 721,195,497,20Tot.l CiV'3 lnva3tment Mark.t Value ar ofMarch 31,2016 2 1?131t15 o.17% 0./t8% 0.60% 1.05% 1.40% 1.76% 2.27% 3.02% 3/31'16 0.20% 0.38% 0.58% 0.72% 0.85% 1.21 1.77% 2.6104 lnvestment Repo,7, March 31,2016 May 2, 2016 Note that the City's account with the California Employers' Retiree Benefit Trust Fund (CERBT), used to pre-fund the City's retiree medical obligations, is not included in this report. Over the quarter, the City' investment advisor (PFM) suggested that the City maintain a moderately defensive duration position to protect the portfolio's market value in the case of several Fed rate hikes in 2016, though the portfolio duration was modestly extended in select situations. At the end of the quarter, the portfolio's duration was 2.53 years (short of the benchmark's duration of 2.65). Factoring in additional investments such as the San Mateo County Pool and LAIF, the average effective duration was '1.51. The potential impact of slower economic growth on corporate profits caused the sector's yield spreads to widen in the first half of the quarter. However, corporate spreads tightened through March as markets rebounded, ultimately driving the sector's outperformance over Treasuries for the quarter. Two corporate notes in the portfolio were called during the first quarter, but the City also found value in commercial paper, shorterterm corporate obligations. As issuance increased during the quarter, federal agencies became more attractively priced compared to U.s. Treasuries. PFM took advantage of this attractive pric:ng, purchasing several federal agency securities for the City's portfolio. ln some cases, federal agency securities which were yielding 0.11% to 0.15% higher than similar maturity U.S. Treasuries were purchased. ln total, the portfolio's allocation to federal agencies was increased by 2% over the quarter. Please see below for a summary of all the transactions for the quarter ended March 31 , 2016. 1.28Yo 1,050,00051U.S. Treasury NotesPurchase912828K582t212016 0.610/0 1,500,0003Credit Agricole NY CPPurchase22533TEC6 0.840k 1,500,000690262CH91UBS Finance Delaware CPPurchase2t12t2016 1 .05o/o 1,465,000FHLMC Notes3137EADG1Purchase2t16t2016 39 0.920/465,000U.S. Treasury Notes912828KQ2Sale2t16t2016 0.94o/o 1,000,000U.S. Treasury Notes 39912828W10Sale 1,000,0000Toyota Motor Notes89236T8D6Call 2,250,OO0to1.52YoFHLB Notes3130A7CV5Purchase3t10t2016 250,0000JP Morgan Chase Notes4U25rGH2Call3t10t2016 o.42%Sale3t1012016 2,300,000591.38%3130A7CV5Purchase313112016 0.63%'1,000,00010FNMA NotesSale3135G0GY3 '10 1,300,000FNMA Notes3135G0GY3Sale313112016 YTM/YTC %(Yield) PrincipalDescriptionTransaction CUSIP 3 Settlement Date Term (Mths) 2t12t2016 2t1612016 3t7t2016 '1,000,0000Bank of Tokyo Mitsubishi CP06538BCF8 FHLB Notes 3t31t2016 0.63% lss lnvesttnen, Report, March 31, 2016 May 2, 2016 As noted in the pie chart below, the City's investmenl portfolio as of March 31,2016, was heavily weighted towards the State Local Agency lnvestment Fund (LAIF) and high{uality (AA+ rated) federal agency and U.S. Treasury securities to maintain the focus on safety and liquidity. lnvestments By Security Type As of March 31 , 2016 Corporate Notes 17o/o Certificates of Deposit 2Yo San Mateo County lnvestment Pool 1o/o Federal Cash <1o/o Commercial Paper 3% Credit Quality of lnvestments As of March 31 , 2016 Local Agency lnvestment Fund (LArF) 37Yo U.S. Treasuries ,,70/o NR (LAIF)NR (San Mateo 37Yo County Pool) 1o/o NR (FD|C lnsured) ZYo Agencies a10/- BBB (A3 by Moody's) <1o/o A 12o/o A-'l (Short-Term) 3o/o AAA Cash <1o/o 44Yo The City's lnvestment Policy allows for a five-year time horizon with an emphasis on liquidity. As of March 31, 2016, 37% of the City's funds were invested in very short{erm liquid investments, 23% of the funds were invested with maturities between one day and two years, and 40% of the investment portfolio had a maturity ranging from two to five years. This distribution gives the City the necessary liquidity to meet operational and emergency cash needs while maximizing returns on funds not needed in the immediate future. The City's aggregate investments maintain a weighted average maturity of 1.61 years, and currently generate annual inlerest income (yield to 4 2o/o tnvestment Repo , March i1, 2016 May 2, 2016 maturity) of 0.95% before investment expenses. The City's funds are invested in high credit quality investments, and continue to meet the City's goals of safety, liquidity, and yield/return. As of March 31,2016, the yield to maturity at cost on the main portfolio of securities was ', .32o/o. lncluding additional investments such as LAIF and the San Mateo County Pool, the aggregate investments averaged a yield to maturity of 0.95%. During the quarter, the main portfolio generated interest income and realized gains that totaled $241 '815. "Ratings by Standard & Poor's. Average excludes 'Not Rated' securities. As noted in previous reports, staff has arranged for a gradual drawdown of the City's holdings in the San Mateo County Pool, as these funds are not as easily accessible as the City's other liquid holdings, and the yield on the County Pool is lower than that earned in the City's own investment portfolio. The accessibility of funds in the City's LAIF account will allow staff to make as-needed withdrawal requests to meet operaling and capital needs, and the City's managed portfolio will grow as the County Pool funds are withdrawn. A total withdrawal of these funds (approximately $5.2 million this time last year) will occur over the next two years, as withdrawals from the fund are limited to 20% of the City's balance in the pool. Yield History October 31 , 2014 - March 31, 2016 $121,195,497 .20 1.61 Years AAAverage Credit Quality* 0.95%Yield To Maturity City lnvestments Statistical tnformation +Portfolio Under Management .I.LAIF --f 2-Year Treasury Pool..,+,FSan Mateo Cou I .5o/o 1 .2% 0.9% 0.6% 0.3o/o 1.29% 0.88% 72o/o Oct Nov Dec Jan 14 14 14 ',15 Feb Mar Apr May Jun 15 15 15 15 15 Aug Sep Oct Nov Dec Jan'15 15 15 15 15 16 Jul 15 Feb Mar16 16 5 0.460/o Market Value Weighted Average Maturity 0.0o/o lnvestment Repott March 31, 2016 May 2, 2016 Maturity Distribution As of March 31, 2016 4OYo 35o/o 30% 25Yo 20o/o 11Yo lOYo 5% o% Overnight One Day-6 6-12 Months 1-2 Years 2-3 Years 3-4 Years 4-5 Years Months The following is a summary of cash and investment holdings held by each fund as of March 31, 2016, which includes invested funds, debt service reserves, amounts held in overnight (liquid) accounts, the City's main checking account and other operating funds: Cash and lnvestments by Fund As ot o3l3tlL6 AsofLZ|SI/IS Change S 180k 16% 14% 10o/o 4% General Fund lnternal Service Funds Water Fund Sewer Fund Solid Waste Fund Parking Fund Building Fund Landfill Fund Subtotal, Operatlng Funds Other Funds Total Cash and lnvestments 29,343,s97 5 L6,506,778 13,926,655 L3,707,582 4,452,846 5,352,895 5,070,199 750,45L 36,502,204 5 15,575,559.00 L4,O2t,759 t2,575,513 4,347 ,285 4,759,L82 4,909,794 674,N2 1o/o 5 (7 ,158,6071 (68,781) (9s,102) r,726,069 105,560 593,7L4 160,405 76,448 89,105,005 94,365,298 38,322,405 (s,260,293) 55 27t,O47 16 948,642 5 t44,376,O5t 5 132,687,703 5 11,688,349 Cash holdings in the General Fund declined significantly in the first quarter of 2016 due to the transfer out of of $7.5 million to provide additional funding of the Renewal and Replacement Reserve (Capital Projects Fund)as approved with the FY 2015-16 Mid-year report. ln addition, there were no maior property tax receipts in the quarter - these are received in December and April. lncreases in the category of Other Funds reflects $10 million in proceeds from the 2016 Storm Drain Revenue Bond issuance, which closed early in March. 6 37% lnvestment Repoi, March 31, 2016 May 2, 2016 CONCLUSION All City funds are invested in accordance with the approved Statement of lnvestment Policy with an emphasis on safety, liquidity, and return (in that order). The City's investment strategy of balancing lhe investment portfolio between shortterm investments (to meet cash flow needs) and longerterm maturities (to realize a higher rate of retum) is appropriate given cunent market conditions. Due to the ease of access of the City's funds in overnight accounts such as LAIF, the City has more than sufficient funds available to meet its liquidity (expenditure) requirements for the next six months. Staff and the City's investment advisor will continue to closely monitor the City's investments to ensure the mitigation of risk and ability to meet the City's investment goals while being able to respond to changes in market conditions. 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E uJE (2 z. =nfro !,(, I oo =Ioo o IE 0,6 o(JU Eo ED IEE IE = \o UJJ co tr C) b0 (B 2 oot) a Er tfilllil E E F qq dd d o) o so ci oqoo ao' oooo o ? -ol o!.g€ 5i ot\ o o oqo oo cio F t = oqooooood oo,\ @|4 o qo oqoo d q oodoo F t- .? 8 E q Fi I=o !! 'j c; q .a +{ 5 e j I + 8 e s E Iq +{ e E I j + Ea 8q I 6 8 + c; E:. (,(, G @F.F.<oo= }. u1 + h []F Y - ;x.i --l i a zi <3s is Q* os I s {E rE 5E 3E P E6; h; f,^ ii o - -- o vo ;i og* ES ES ES E SuJt z{ 9{ aQ ! { H3 =; =; =; E2EEE SE FE f 5 HBE oz t oE tuo E oti,l! ta EE EE b.g<E =3t-o o i- Elo.Eu o 9or f;E €c io is 9fic CD4Ed&ur t! d, oo. E o I .E -=.EE20 UI o:aodi c!6 '> .g.:l!io o ro oN F| E coE E LIJ oE oIL =o I o C' L (,oo o IE oo tr o L,tJ E(, E'! Gtr G = ffill,llf, E EE E fno JoLLFd.oa- UJ =(, z.5dfcn AGENDANO: 10a I4EETING DATE: May 2,2016 To:Honorable Mayor and City Council Date: May 2,2O16 From: Lisa K. Goldman, City Manager - (650) 558-7243 Authorize the City Manager to Send a Letter to the State Lands Commission Conditionally Withdrawing the City's Application for the State Lands Commission Parcel on the Bayfront While the City Negotiates with H&Q Asia Pacific for a Hotel/Park Project on the Site Staff recommends the City Council authorize the City Manager to send a letter to the State Lands Commission (SLC) conditionally withdrawing the City's application for the SLC parcel on the Bayfront while the City negotiates with H&Q Asia Pacific (H&Q) for a hotel/park project on the site. BACKGROUND On January 20,2015, in response to a request by the SLC staff, the City Council discussed whether it wished to pursue the City's park poect or would prefer a hotel project on the property. At the time, the SLC had received inquiries about the property, but no formal hotel application had been submitted. The City Council concluded that it wished to continue working on the park application given the need for additional fields in town. This message was conveyed to the SLC staff. The City completed its application and recirculated its Mitigated Negative Declaration (MND) in late 2015. The City Council adopted the MND on February 16, 2016, and the SLC staff subsequently deemed the City's application complete. Separately, H&Q and another developer submitted applications to the SLC to build hotels on the property. (The other developer has since withdrawn its application.) As currently envisioned, the STAFF REPORT Subject: RECOMMENDATION The City has been working for several years to secure a lease with the State Lands Commission (SLC) to build a park on an 8.81-acre parcel on the City's Bayfront. Under the City's vision for the property, the City would create a big grassy area on the Bayfront, with picnic tables, parking, restroom facilities, and Bay Trail improvements. The park would be open to the public and provide a nice amenity on the waterfront for Burlingame residents, the business community, and visitors. prscussroN 1 ' Bawiew Park May 2, 2016 H&Q project includes a boutique hotel on the side of the property adjacent to Bayview Place and Kincaid's restaurant, with a significant amount of parkland on the remainder of the property. The strip of land closest to the hotel building would be storm water gardens, while a great lawn/multi- use field would cover much of the rest of the property. Parking is also included, both for the hotel and for the park area. On March 7, 2016, the City Council held a study session to discuss Bayview Park and whether the City should continue to pursue a lease with the SLC for the park or partner in some way with H&Q for a hotel and park project. During the discussion, staff shared with the City Council that the SLC was only offering a 2o-year lease and that the estimated cost of the park was now $5.6 million. Although staff believes that it can negotiate a longer lease for the property, perhaps as long as 30 or 35 years, it is unlikely that the SLC will grant a 49-year lease, which is the longest term available under the law. Given the relatively short timeframe of the lease, the cost of the necessary improvements to land that the City doesn't own, and the City's interest in turfing both Murray Field and part of Bayside Park so as to increase field space in Burlingame, the City Council agreed to try to work with H&Q on a mutually acceptable project. The Recreation Task Force (Mayor Keighran, Councilmember Colson, and Recreation Commissioners Baird and Dito) was charged with determining what the City would like included in any agreement with H&Q. Since the SLC has deemed the City's application complete, and the SLC is sublect to the Permit Streamlining Act, which requires public agencies to act on development projects in a relatively short time, the only way for the City to move forward to try to partner with H&Q is to withdraw the City's application from consideration at the SLC. (The alternative is to have the City's application considered at the June SLC meeting and potentialty denied given the pending H&Q application, which is still at least a year away from completion.) The SLC staff understands the City's position and its desire to revive its application should the City and H&Q be unable to reach agreement, or should H&Q ultimately be unable to build its project for any reason. Therefore, the City has been advised to send a letter to SLC staff withdrawing the City's application and making it clear that the City expects to regain its place in the queue should the H&Q project falter. This pause in the City's application, whether permanent or temporary, will enable the City to work with H&Q and, separately, to make progress on its plans to turf both Murray and part of Bayside. There is no fiscal impact. Exhibit Draft letter FISCAL IMPACT 2 The City of Burlingome CIIY HALL- 50I PRIMROSE ROAD BURLINGAME, CALIFORNIA 9 401 V3997 TEL: (650) 558-7204 FAX: (650) s66-9282 i/s. Jennifer Lucchesi Executive Ofiicer State Lands Commission 100 Howe Avenue, Suite 100 South Sacramento CA 95825-8202 May 3, 2016 Dear Ms. Lucchesi As you're aware, the City of Burlingame has been working with your Land Management Division over the past several years to lransform State Lands property on the City's Bayfront into a public park. We have submitted all of the necessary information to your staff, and our application has been deemed complete, On March 7, 2016, the City Council met in a study session to discuss the City's park proposal and the hotel/public park proposal submitted by H&Q Asia Pacific (H&a). The City Council was pleased to see that H&Q dedicated a significant portion of the site to storm water gardens and to a great lawn/mutli-use field. The Council also welcomed the idea of bringing a boutique hotel to Burlingame. The City would like to work with H&Q to see their project come to fruition, provided the project continues to feature a significant park that is easily accessible and open to the public. The City is developing its list of 'must haves" and looks fonrrrard to negotiating a mutually acceptable agreement with H&Q for the development of the property as we believe this will best serve the Burlingame mmmunity. At this time, we would like to conditionally withdraw our application from State Lands Commission consideration. Should we be unable to reach agreement with H&Q, or should H&Q be unable to build the project for some reason, then we expect that our application will be revived for the Commission's consideration without necessitating that the City submit any additional paperurork. Thank you for your assislance with this matter Sincerely, Lisa K. Goldman City Manager Cc. Burlingame City Council OFFICE OF THE CITY MANAGER AGENDA ITEM NO: 'lob STAFF REPORT MEETING DATE: May 2,2016 To:Honorable Mayor and City Council From: Carol Augustine, Finance Director - (650) 558-7222 Subject: Adoption of a Resolution of lntent to Amend the City of Burlingame Master Fee Schedule Effective July 1,2016; and Set the Public Hearing for Such Amendment for June 6, 2016 Staff recommends that the City Council review and discuss staff recommendations for changes to the City's Master Fee Schedule for fiscal yeat 2016-17, and establish a public hearing for June 6, 2016 in connection with updates to the document. A comprehensive cost allocation plan and user fee study assists the City in determining the actual cost of providing City services, and helps the departments establish appropriate user fees. Prior to this fiscal year, an update of the City's cost allocation plan (CAP) and fee study had not been performed since 2007. This past fiscal year, departmental staff worked with Wohlford Consulting on a revised CAP, allowing the recent completion of a Cost of Services Study. The Cost of Services Study is attached to this staff report. The study determined the actual cost of providing City services/programs paid for by user fees, based on the 2015-16 operating budget. ln recent fiscal years, City fee increases often were based on changes in CPl, as personnel and other departmental budgets reflected higher costs of services year over year. A Public Hearing (required for any change in fees) was noliced, and the Council considered the fee changes recommended by staff. 1 Date: May 2,2016 RECOMMENDATION BACKGROUND The City Council has traditionally approved a Master Fee Schedule as part of the budget process. Since fiscal year 2003-04, City user fees have been adjusted to reflect the annual increase in costs that are adopted for the ensuing budget. The fee ad.iustments are not automatic. They require an annual review and approval by the City Council. An annual review and update ensures that fees reflect current costs to provide services, allows the addition of fees when applicable for new City services, and provides for the elimination of fees for discontinued services. Mastet Fee Schedule Fiscal Year 2016-17 The recommendations presented by staff in this report ensure not only that charges keep pace with the costs of providing certqin services, but that they are also competitive with comparable programs (where applicable) and are responsive to demands for the service within the community. The proposed fee changes are summarized below, by department. California law gives cities the ability to impose fees for governmental services when an individual's use of the City service is voluntary, and the fee charged is reasonable to the level of service and the cost of providing the service. The 201 5 Cost of Services Study was undertaken to ensure that the City meets the statutory test for imposing user fees. The study also identified all costs associated with providing each service (fees reflect 100% of costs); as well as services in which the General Fund subsidizes the fees charged by the City. ln general, the City's Master Fee Schedule reflects user fees that are intended to represent 100% cost recoverv of fullv burdened rates. with the exc eption of user fees that are highlY sensitive and promote citizen engagement. Fully burdened rates include the cost of direct labor (direct staff time spent on the service), indirect labor (administrative and supervisory time), and central services overhead (other budgetary support for the department providing the service). To reflect general cost increases, some fees are increased based on the Bay Area Consumer Price lndex (CPl), which increased 3.2o/o lrom February 2015. The city's overall cost recovery rate of 55% reflects varying rates of cost recovery amongst departments, and amongst programs within each department, due to the wide variety of services provided. For departments that provide social or public safety services, policy concerns and market factors (as opposed to actual costs) tend to influence fee levels more than for other types of services. To raise all fees to achieve 100% full cost recovery is not feasible or desirable, as discussed in the Cost of Services Study. However, where full cost recovery is recommended, the costs shown in the Cost of Services Study have been increased by CPI to more accurately reflect current costs. 2 May 2, 2016 But as the delivery of City services, as well as the costs incurred in providing those services, change over time, an updated Cost of Services Study often reveals dramatic differences between actual current costs and the fees charged to recover those costs. For this reason, the 20'16-17 Master Fee Schedule Update is a two-step process. This draft report includes staff recommendations for fees so that they can be reviewed in conjunction with the information provided in the Cost of Services Study. Council direction is requested so that any changes in the 2016-17 Master Fee Schedule can be incorporated prior to making the final document available to the public (at least 10 days prior to the public hearing). In determining the full cost of providing services for which fees are charged, the Cost of Services Study lays the groundwork needed for development of a values-based and data-driven User Fee Cost Recovery Policy. The City Council's input and comments on the fees proposed by staff relative to the cost of the various services will assist in preparing such a policy for Council consideration early in the 2016-1 7 fiscal year. DISCUSSION Master Fee Schedule Fiscal Year 2016-17 May 2, 2016 Pursuant to State law, certain fees to be charged by the Planning and Building Divisions, the Fire Department and the Engineering Division of the Public Works Department cannot become effective until 60 days after adoption of the adjusted fees as delineated in the attached Master Fee Schedule. Staff requests that a public hearing for the update of the City of Burlingame's Master Fee Schedule be established for June 6, 2016, lo allow all other fee changes to become effective July 1, 2016. The fees described below reflect amendments based on the following: Administration Administrative Services primarily provides support to other City departments, and therefore the fees were not reviewed in the Cost of Services Study. Staff recommendations for changes are based on staffs analysis of the cost of the service or activity. Certain city-wide administrative fees and fees charged by Finance and the City Clerk's Office have been increased from time to time by CPl. Only one change in fees is recommended for the upcoming fiscal year: an increase of the charge for Returned Checks from $26 to $30. The fee is intended to recover the cost of staff time (notifying the customer of the returned check, adjusting entries to Accounts Receivable, and collecting the debt) and the bank return check fees. ln addition, the cost allocation plan shed light on the costs borne by the administrative departments that are not recoverable from other departments, many of which are classified simply as "general governance". While this is understandable, certain tasks were identified that are particular to the City.of Burlingame but are not associated with general governance. Specifically, the Finance Department incurs costs in administering the billing and collection of Business lmprovement District Fees. While the City does not charge the Broadway Business lmprovement District or the Burlingame Avenue Business lmprovement District for these servi@s, it has always charged a flat fee of $4,000 for the annual processing of the San Mateo County Tourism Business lmprovement District (TBID) assessments. Although TBID activities are of great economic benefit to the City, much of the administrative costs incurred are the result of billings and collections for other cities that participate in the TBID. Many of these cities were not initially part of the district, and the administrative burden has grown. The Council may wish to consider directing staff to negotiate a higher fee for these activities with TBID officials. Buildinq As with many comparably-sized cities, Burlingame's building permit fees are largely based on a project's valuation, ad.justed by criteria that define the scope of work. For the most part, the Cost of Services Study evaluated only the unit fees for services provided by the Building Division. The report also identified an impediment to fuller cost recovery in Building's hourly rates. While the cost of the staff time spent on regular inspection activities is included in the cost of the permit, the fees for hours required above lhe normal amount (for additional 3 May 2, 2016 inspections, re-inspections, or unusually complex pOects), should be increased to provide for a higher level of cost recovery. Therefore, staff has proposed no change to the building permit fees based on total valuation, finding them to be consistent with other jurisdictions that use total valuation for setting these rates, and adequate in covering City costs. A flat fee was considered for smaller poects (such as single bathroom or kitchen remodels), but lhe current fees appear to approximate the full cost of these permits in the Cost of Services Study. The City's cunent system allows more flexibility in establishing the total permit fee because it takes into consideration items in the project's scope of work that differentiate a smaller project from a larger project, other than the square foot tiering that a flat fee would provide. ln addition to the changes of the per hour charges for inspections and plan checks (or flat fees based on per hour inspection or plan check costs), the fee schedule was updated to provide a consistent fee for Arborist Review ($226.00). Enqineerinq The Engineering Division charges fees for development-related services including lmprovement Planning Application Reviews; Encroachment Permits; Construction, Demolition and Grading Permits; and Subdivision Maps. Many of the fees have been increased to provide greater cost recovery, although some fees were decreased based on the results of the Cost of Services Study. For example, Encroachment Permits are recommended to be set at 100o/o cost recovery, with a few exceptions: the charge for Fire System Connection was decreased to include only the fee for City Engineer services (not for CCFD services); the fee for Block Party barricades remains well below cost recovery levels so aS nol to discourage this sort of community activity; and the fee for permits issued for "Moving only Purposes", established fairly recently, remains unchanged. The Planning Division currently collects a flat fee of $229.00 for the Engineering Planning Application Reviews and actual costs for all other project reviews. Through the Cost of Services Study, staff determined that the current fee is not representative of the aclual cost to review the planning application. Keeping track of actual costs iS time-consuming for each project, and the costs do not vary significantly within the various types of development. ln order to better manage the fees, average costs have been obtained based on the pro,iect type. The fees represent staff time to complete the typical review for each project type. ln addition, new fees have been added for certain Engineering services. New fees and deposits are recommended for Stormwater Pollution Prevention Construction Permits, for inspection services which assure compliance with best management practices (BMPs) and the Municipal Regional Permit (MRP). While the department currently reviews building plans for stormwater management and discharge control measures for construction projects, there is no fee in place to inspect and enforce the applicanubuilder to comply with best management practices (BMPS). The new stormwater permit fee would be based on the type of project. 4 Master Fee Schedule Fiscal Year 2016-17 Master Fee Schedule Fiscal Year 2016-17 May 2, 2016 A fee scale has also been added for Grading Permits. Per the municipal code, a grading permit is required prior to the excavating, filling or grading of any site for any purpose. A fee is imposed for a standalone grading permit if it is not part of a building permit application. The current fee schedule does not charge a fee for this service or permit. Staff proposes a new fee to cover the actual costs to process, review, and inspect the grading of a project site during construction. The fee has been broken down by the volume of the grading by the applicant. A new fee has been added for the processing, review and approval of Abandonment of Public Utility Easement. Property owners that are encumbered by a public utility easement have the opportunity to request the City to abandon the easement if the utility or City no longer needs it. The City does not have an application process in place for these requests. The new fee is calculated to fully recover the costs of staff time to review the application, notify all utilities, and if granted, go before Council for approval. Finally, the City is reviewing projects from an increasing number of developers that wish to construct underground garages. Excavation of the underground garage floors requires temporary shoring systems (tiebacks and/or support walls) that encroach into the City's right-of- way during construction and are permanently left after construction. ln order for the City to process such requests, a special encroachment permit for subsurface Shoring systems is proposed for the permanent space used by the developer. The fee will be based on the type of shoring system and square footage of the area that is permanently restricted by the poect's use. Librarv The Burlingame Public Library is a member of the Peninsula Library System (PLS). Service rates and fines are largely coordinated throughout the system by the PLS Administrative Council. Concerned that fines provide a barrier to accessing library services, the Administrative Council recently studied the elimination of overdue fines for children and teens systemwide. As a result, beginning July 1,2016: o PLS will implement a new youth library card type for patrons under 18, which will be utilized by all PLS libraries and will be applied to all existing PLS patrons under 18 . All PLS libraries will eliminate daily overdue fines on youth library cards o All PLS libraries will waive all existing daily overdue fines on youth library cards Current and future fees related to lost or damaged materials on youth library cards/accounts will remain unchanged. There are several fees added for library services in the proposed 2016-17 Master Fee Schedule as a result of the planned opening of a Passport lntake office at the Main Library. ln partnership with the US State Department, the office will be open three days per week for a total of nine hours per week, beginning in July 20'16. ln addition to taking in separate application fees payable to the US Department of State, an execution fee for Passport Acceptance will be charged for each passport application. The City retains this $25 fee. The amount is set by the 5 Masler Fee Schedute Fiscat Year 2016-17 May 2, 2016 State Department and is non-negotiable. The fee is intended to cover hourly employee wages, postage, equipment and office supplies. ln addition, a Passport Photo fee of $15 will be charged for patrons that choose to purchase a passport photo at the time of passport acceptance. The costs of the new Passport lntake Office, including part-time wages, postage and photo equipment, will be included in the FY 2016-17 budget for library operations. Finally, staff recommends the addition of a $0.25 charge for color printing per page. Cunently, printing from public computers in the library is only in black and white, with a fee of $0.15 per page. Burlingame Library has never previously provided the ability to print color copies from public computers, but increases in patrons using the library for business purposes, as well as students creating more dynamic school projects, have raised the number of requests for this service. The charge covers the cost of the machines and supplies, including the higher cost of color loner cartridges. Note that library patrons are able to use their library cards to receive three free black and white prints per day or one color print. (This reduces staff time explaining the different print charges for those patrons who only need a quick print job.) As noted in the Cost of Services Study, the cost analysis of Parks and Recreation activities did not follow the typical unit-based approach used for the other fee areas. For most recreation programs, the underlying data for each activity for which a fee is charged is not available, or varies widely, leaving the unit cost build-up approach impractical. lnstead, the cost analysis for the Parks and Recreation Department focused on the overall cost of each program area- Staff used lhese results to examine potential fee changes within each program. An example of program-level costs associated with multiple activities is park maintenance expenses. All maintenance costs are included in the department's budget, but expenses are only allocated to activities for which a fee has been identified. Further breakdown of expenses by park, ptayground, picnic area or field would be needed in order to determine a more speciflc distribution of cunent expenses. Therefore, staff considered comparable or market-rate fees as a more relevant data set than the cost of these programs as a whole in establishing fee recommendations for park/facility usage. For recreational programs, the Cost of Services Study results showed that Leisure/Fitness, Preschool and Youth Camp programs were highest in cost recovery, and Teen and Senior programs, along with Community Events, had much lower levels of cost recovery. As stated in the report, the results for the department (76% average cost-recovery rate) are typical, as park and recreation programs offer a significant general community benefit. However, the information is useful in providing cost parameters in the fee-sefting process. Last year, certain fees related to Parks and Recreation services were modified based on recent years' experience associated with the rental of facilities. Therefore, increases in the fees charged for indoor facilities were kept to a minimum, and there were no changes to outdoor facilities rentals and fleld fees. All Fietd Light fees were raised $5 per hour in an attempt to better recover costs while still staying within market (comparable to the school district and 6 Parks and Recreation Mastet Fee Schedule Fiscal Year 2O16-17 May 2, 2016 surrounding areas). Fees for various advertising options in the department's bi-annual activity guide were also increased last year to offset the cost of the publication; no further changes were deemed necessary. Fees for Private Tree Emergency Work provided by the department's crew were updated to reflect increased labor costs. ln addition, a fee was added for the placement of Memorial Benches at Bayside Park, also based on current costs. ln its participation in the Cost of Services Study, the department acknowledged a number of services that were provided at no charge. This is due to the purely public benefit derived from many of these services. lt was noted that the City does not charge the City's business improvement districts or non-profit organizations for the cost of hanging banners from street light poles. The City Council may wish to consider directing staff to implement a fee that covers (or partially covers) the cost of this service. The division proposed several new fees in order to proactively provide services that support the needs of property owners: A Zoning Verification/Property Profile Lefter ($50) fee is proposed to cover staff time involved in preparing such documents as requested by individuals and entities such as appraisers and litle companies, and it is not unusual for municipalities to have a fee for this service. Two variations of the Minor Amendment to Approved Project (commonly refened to as an "FYl" request) would provide a mechanism for the Planning Commission to review unanticipated changes that may occur during construction. A minimum fee (50 percent of full cost) would support voluntary submission of these changes by the owners. A fee for reviews that are initiated by variations that are discovered by staff in the field (As-Built Variation from Approved Project) would be charged at full cost. Finally, several fees are proposed to be combined or restructured to simplify the fee schedule to the extent possible. Fees for re-zoning and General Plan amendments have been combined on the Master Fee Schedule, as one is typically not done without the other. Full cost is charged for Planninq For many of the permits and services provided by the Planning Division, full cost recovery is justified, as these development activities are driven by an applicant or property owner who will benefit from the service. For many services, an increase to full cost recovery significantly increases the fee. For this reason, 50-75 percent of full cost recovery is recommended for certain services that provide a community benefit (such as special permits, which provide architectural design consistency, and noticing). Staff also has proposed 50-75 percent of full cost recovery for activities where higher fees may discourage requests for the services (Sign permits, Environmental Review permits, Minor Modifications). Still other fees are held at existing rates to encourage compliance (Fence Exception, Second Unit Amnesty' Reasonable Accommodation), promote preservation of neighborhood character (Design Review additions and amendments), or encourage participation in the planning process (Conditional Use Permits, Appeals, Planning Commission Hearings). Master Fee Schedule Fiscal Year 2016-17 May 2, 2016 General Plan AmendmenuRezoning, as such service requests are for the sole benefit of the property owner. The fee would include the cost of associated noticing requirements. Note that most development impact fees have not been changed. These fees are based on the conslruction cost index published in the Engineering News Record (ENR) as of July 1 of each year, and are reviewed/updated on a different schedule than other Planning Department fees in the Master Fee Schedule. Only the Burlingame Avenue Parking in Lieu Fees (per parking space) were adjusted by CPI as of February 29, 2016. Fees established by the California Department of Fish and Wildlife (collected and passed- through by the Planning Department) have been updated to reflect adjustments by that agency effective January 1, 2016. Police The cost analysis for Police Department services revealed an overall cost-recovery rate of 17o/o. None of the fees recovered the full cost of service, providing a significant subsidy to fee payers. However, this is largely anticipated in that police services are generally provided out of public funds for the benefit of the public at large. However there is a limited range of activities where it is appropriate for the department to set charges to fully or partially recover costs. Ensuring that charges are levied effectively in such circumstances will help protect the provision of public police services by contributing to the overall funding of the department. Therefore, each of the fees was reviewed to determine the extent of public benefit provided in each service. So, while many fees remain unchanged (police report copies, bicycle license, false alarm charges, curb painting, etc.) due to the public safety benefit attributed to the service, other services (vehicle release, DUI response, concealed weapon permits and specific business permits) provide benefit only to the individual, with no particular benefit to the public at large. These fees were increased to move the fees closer to full cost recovery. A few fees (for taxicab annual inspections and fingerprinting) were kept below cost recovery to encourage compliance. Public Wo rks - Sewer and W r Utilities water and sewer rates remain largely unchanged. water rates were last amended in September 2012 with the adoption of an ordinance that established increases for three years. Based on a rate study by HF&H Consultants, a 7.8% increase for each of the three years was approved to cover the wholesale cost of water to the City as well as capital improvements to the system. The third year of water fee increases was implemented on January'1, 2015, for the 2015 calendar year. The City is currently undergoing another rate review for both the Water and Sewer utilities; the results of the review will be brought to Council for discussion early in the 2016-17 fiscal year. The only changes needed for water and sewer utility services are reflected in Sewer Connection Fees. To keep up with the costs of these connections, the fees are adjusted to I Master Fee Schedule Fiscal Year 2016-17 May 2, 2016 conform to the Engineering News Record Construction Cost lndex for San Francisco each year. However, a misapplication of the base year index has been conected, resulting in a slight decrease in these fees. Other Fees Fees for Fire services are established by the Central County Fire Department (CCFD). As a separate JPA that is subsidized by both Burlingame and Hillsborough, the CCFD budget is separately adopted by the CCFD Fire Board on a separate time table. The City will amend the Master Fee Schedule if CCFD makes any adjustments to their fees. Animal Control fees are set by the County of San Mateo. The City's Master Fee Schedule will be amended when the fees established for these services are updated. FISCAL IMPACT: The changes to the fee schedule should result in some additional revenue in the new fiscal year. However, the actual amounts are difficult to calculate because the use of some services is voluntary, and the volume of activity varies. Exhibits: o . A Resolution of lntent of the City Council of the City of Burlingame to Amend the Master Fee Schedule for City Services . City of Burlingame Proposed Master Fee Schedule . 2015 Full Cost of Service (User Fee Study) RESOLUTTON NO._ WHEREAS, the City of Budingame regularly reviews the fees which the City charges persons or entities for the use of City facilities, or the provision of City services; and WHEREAS, in order to ensure that the cost of such services and facilities is borne by the users of said services and facilities in a fair and equitable manner, the City periodically adjusts the fees for services and facility use to ensure that the fees charged reflect the actual costs to the CiV and the City's taxpayers in providing those services and facilities; and WHEREAS, the fees reflected in the Master Fee Schedule have been carefully reviewed by each city department, and speciflc recommendations to amend fees have been provided to ensure that tharges keep pace with the costs for providing City services, where appropriate; and A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME DECLARING ITS INTENTION TO AMEND THE MASTER FEE SCHEDULE FOR CITY SERVICES NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BURLINGAME DOES HEREBY RESOLVE AND ORDER AS FOLLOWS: 1. The Burlingame City Council intends to amend the Master Fee Schedule. 2. The Master Fee Schedule, with proposed adjustments for fiscal year 2016-17, is posted and available on-line at www.Burlinoame.orq' with the staff - report associated with the May 2, 20'16 agenda item related to Amendment of the Master Fee Schedule. 3. The Master Fee Schedule, with proposed adjustments for fiscal yeat 2016-17, is also on file and available at the office of the city clerk at 510 Primrose Road, Burlingame, california, and is available for review during regular business hours, 8 am to 5 pm, MondaY through FridaY. 4. The City council of the city of Budingame hereby schedules a public hearing on the proposed amendments to the Master Fee Schedule for Monday, June 6, 2016, at Z:00'pm, in the Council Chambers, Burlingame City Hall, 501 Primrose Road, Burlingame, Califomia. 5. At the public hearing, the city council will receive testimony and evidence, and interested persons may submit written comments before or al the public hearing, or such comments may be sent by mail or delivered to the city clerk, Burlingame city Hall, 501 Primrose Road Burlingame, CA 94010. 6. At the public hearing, any and all persons may make oral or written comments of the proposed amendments. 7. At the conclusion of the public hearing, the city council will deliberate upon the proposed fees as outlined in the Master Fee Schedule, and will consider further amendments and adoption of the 2016-1 7 Master Fee Schedule. l, Meaghan Hassel-Shearer, City Cle* of the City of Burlingame, hereby certify that the foregoing Resolution was duly and regularly introduced and adopted at a regular meeting of the Burlingame City Council held on the 2d day of May, 2016, by the following vote to wit: 8. All of the facts recited above, in the staff report and supporting documentation are true and conect and the Council relies upon same. Ann Keighran, Mayor Councilmembers Councilmembers: Councilmembers: Meaghan Hassel-Shearer, City Clerk AYES: NOES: ABSENT zuRLINGAME City of Burlingame Master Fee Schedule EFFECTIVE ON JULY T,2OL6* +Certain fees charged by the Planning and Building Divisions, the Fire Department and the Engineering Division of the Public works Department will become effective August 5, 2016 Fiscal Year 2016-17 Master Fee Schedule SERVICE CURRENT FEE NEW FEE Returned Check Resolution No. 31-2003 s26.00 S3o.oo Copying of Routine Document (Copies of sizes other than 8- %" by lL" or 8 -%" by 14" or 11" by 17 or color copies will be charged at cost) To be paid in advance Resolution No. 33-2008 $0.25 per page No change Audio tape copies (except for Police) lf blank tape supplied lf no tape supplied Resolution No. 32-2009 Resolution No. 32-2009 S17.00 per tape $17.00 per tape plus purchase costs of tape No change No change Page 1 CITY.WIDE FEES REFERENCE Fiscal Year 2016-17 Master Fee Schedule BUILDING SERVICE REFERENCE CURRENT FEE NEW FEE S1.00 to S500.00 Resolution No. 27-2011 s37.oo ss01.00 to s2,000.00 Resolution No. 27-2011 538.00 for the first S5oo.oo plus $5.28 for each add itional S100.00 or fraction thereof up to and including S2,000.00 No change S2,001.00 to 525,000.00 Resolution No.27-2077 S109.oo for the first S2,000.00 plus S22.15 for each additional S1,000.00 or fraction thereof up to and including s2s,000.00 No cha nge 525,001.00 to S50,000.00 Resolution No. 27-2011 5611.00 for the first S25,000.00 plus St6.3o for each additional S1,000.00 or fraction thereof up to and including s50,000.00 No change Page 2 BUITDING PERMIT FEES BASED ON TOTAL VALUATION No change Fiscal Year 2016-17 Master Fee Schedule BUILDING SERVICE REFERENCE CURRENT FEE NEW FEE ss0,001.00 to $100,000.00 S1,006.00 for the first s50,000.00 plus $11.02 for each additional S1,ooo.oo or fraction thereof up to and including s100,000.00 No change s101,000.00 to ss00,000.00 Resolution No. 27-2011 51,551.00 for the first S100,000.00 plus 59.40 for each additional S1,ooo.oo or fraction thereof up to and including Ssoo,ooo.oo No cha nge S501,000.00 to S1,000,000.00 Resolution No 27-2011 55,044.00 for the first S500,000.00 plus 58.57 for each additional S1,ooo.oo or fraction thereof up to and including s1,000,000.00 No change Resolution No. 27-2011 Page 3 BU!LDING SERVICE REFERENCE CURRENT FEE NEW FEE More than S1,o00,ooo.o0 Resolution No. 27-2011 S8,755.00 for the first s1,000,000.00 plus $5.80 for each additional 51,000.00 or fraction thereof No change Building inspections outside normal business hours S11o.oo per hour (minimum charge of 4 hours) 5225.00 per hour (minimum charge of 2 hours) Re-inspection fees (minimum - one hourl Resolution No. 27-2011 S110.00 per hour S225.00 per hour Energy Upgrade California Basic Package Advanced Package Resolution No. 27-2011 s110.00 s219.00 S22s.oo General fire inspections for new building and tenant remodels limited to building permits of commercial or multi-family residential Resolution No. 27-2011 Additional 12% of Building Permit fee Determined by CCFD - pass- through costs Basic Fee - Building Division Resolution No. 104-2002 No ch ange Page 4 Fiscal Year 2016-17 Master Fee Schedule Resolution No. 27-2011 s4s0.00 PLAN REVIEW FEES 65% of Building Permit Fee Fiscal Year 2016-17 Master Fee Schedule SERVICE REFERENCE CURRENT FEE NEW FEE Energy Plan Check Fee (where applicable; includes review of Green Points Checklistl Resolution No. 104-2002 Additional 25% of Building Permit Fee No change Resolution No. 104-2002 Additional 35% of Building Permit Fee No change S110.00 per hour S270.00 per hour Review of Unreasonable Hardship Request Resolution No. 27-2011 S110.00 per hour S270.00 per hour Minimum fee of 580.00 Resolution No. 104-2002 Additional 25% of Building Permit Fee No change Plan Revisions for Planning Department Resolution No. 27-2011 S110.00 per hour S270.00 per hour Plan Revisions Subsequent to Permit lssuance Resolution No. 27-2011 S110.00 per hour plus cost of any additional review 5270.00 per hour plus cost of any additional review Engineering Division Plan Review (where applicable) Resolution No. 104-2002 Additional 25% of Building Permit Fee No change lmaging Fee No change Page 5 BUILDING Disabled Access Plan Check Fee (where applicable) Review of Request for Alternate Materials and Methods Resolution No. 27-2011 Planning Department Plan Check Fee (where applicable) Resolution No. 104-2002 Additional 5% of Building Permit Fee with minimum fee of S5.00 Fiscal Year 2016-17 Master Fee Schedule BUILDING SERVICE REFERENCE NEW FEE Arborist Review Resolution No. 33-2007 Additional 5.75% of Building Permit Fee 5226.O0 PLUMBING PERMIT FEES *These fees do not include connections fees, such as for sewer connections or water meter fees charged by other City departments nor any fees charged by public utility companies. For issuance of each plumbing permit Resolution No. 27-2011 S42.oo No change **The following items are in addition to the Basic Permit lssuance Fee: New Resid ial Buildine - including all plumbing fixtures, connections and tas outlets for new single- and multi-family buildings $0.12 per square foot of habitable a rea No cha nge Fixtures a nd vents For each plumbing fixture or trap (including water and waste piping and backflow prevention) Resolution No. 27-2011 s18.oo No change Sewer and interceptors For each building sewer Resolution No 27-2011 Resolution No. 27-2011 S64.oo Sss.oo No change Page 6 CURRENT FEE Resolution No. 32-2009 For each industrial waste pretreatment interceptor (except kitchen-type grease traps) No change Fiscal Year 2016-17 Master Fee Schedule BUILDING SERVICE REFERENCE CURRENT FEE For each water heater including vent $ss.oo $ss.oo No change No change For each additional outlet over five S36.oo S7.00 No change lrrigation systems including backflow device(s) Other backflow prevention devices: 2 inches (50.8 mm) and smaller over 2 inches (50.8 mm) Resolution No. 27-2011 Resolution No. 27-2011 Resof ution No.27 -2OLI sss.00 $ss.oo sss.00 No change No cha nge No change Page 7 NEW FEE Water Pipins and Water Heaters For installation alteration or repair of water piping or water- treatment equipment Resolution No. 27-2011 Resolution No. 27-2011 Gas Piping Svstems For each gas piping system of one to five outlets Resolution No. 27-2011 Resolution No. 33-2008 No change lrrisation Svstems and Backflow Prevention Devices Fiscal Year 2016-17 Master Fee Schedule SERVICE REFERENCE CURRENT FEE NEW FEE Swi mming Pools For each swimming pool or spa, all plumbing: Public pool Public spa Private pool Private spa Resolution No. 27-2011 Resolution No. 27-2011 Resolution No. 27-2011 Resolution No.27-ZOLL s219.00 s16s.00 S219.oo S16s.oo No change No change No change No change Miscellaneous For each appliance or fixture for which no fee is listed Resolution No. 27-2011 s36.oo No change lnspections outside normal business hours Resolution No. 27-2011 S110.00 per hour (minimum charge of 4 hours) S225.00 per hour (minimum charge of 2 hours) Reinspection fees (minimum - one hour) S110.00 per hour S225.00 per hour lnspections for which no fee is specifically indicated (minimum charge is one-half hour) S110.00 per hour lmaging fee Resolution No. 32-2009 Additional 5% of plumbing permit fee with minimum fee of 55.00 No cha nge Plan review (where applicable)Additional 25% of plumbing permit fee No change BUILDING Resolution No. 27-2011 Resolution No. 27-2011 5225.00 per hour Resolution No. 104-2002 Page 8 Fiscal Year 2016-17 Master Fee schedule BUILDING REFERENCE CURRENT FEE NEW FEE MECHANICAL PERMIT FEES *These fees do not include connections fees, such as for seer connections or water meter fees charged by other City departments nor any fees charged by public utility companies Basic Permit lssuance Fee For issuance of each mechanical permit+* Resolution No.27-2077 s42.oo No change +*The following items are in addition to the Basic Permit lssuance Fee: New Re sidential Building including all mechanical work including appliances, exhaust fans, ducts, and flues Resolution No. 32-2009 $0.10 per square foot of habitable area No change Furnaces To and including 100 MBTU Over 100 MBTU Resolution No. 27-2011 Resolution No. 27-2011 sss.oo 5ss.oo No cha nge No change Boilers, comp ressors, absorption svstems To and including 100 MBTU or 3HP Over 100 MBTU or 3 HP Resolution No. 27-2011 Resolution No. 27-2011 Sss.oo Sss.oo No change No change Air Conditioners Resolution No. 27-2011 sss.00 No change Page 9 SERVICE Fiscal Year 2016-17 Master Fee Schedule BUILDING SERVICE REFERENCE CURRENT FEE NEW FEE Over 10,000 CFM Resolution No. 27-2011 Resolution No. 27-2011 S36.00 each S55.oo each No change No change Each hood including ducts Resolution No. 27-2011 S18.00 each S28.00 each No change No change Miscellaneous For each appliance or piece of equipment not specifically listed above S28.00 each No change Resolution No. 27-2011 S110.00 per hour (minimum charge of 4 hou rs) S225.00 per hour (minimum charge of 2 hours) Re-inspection fees (minimum charge is one hour) Resolution No. 27-2011 S110.00 per hour S225.00 per hour lnsDections for which no fe e ts specificall indicated (minimum charge is one-half hour) Resolution No. 27-2011 S11o.oo per hour 5225.00 per hour lmaging fee Resolution No. 32-2009 Additional 5% of mechanical permit fee with minimum fee of 55.00 No change PaBe 10 Air Handlers To 10,000 CFM including ducting Ventilation and Exhaust Each ventilation fan attached to a single duct Resolution No. 27-2011 Resolution No. 27-2011 lnsDections outside normal business hours Fiscal Year 2016-17 Master Fee Schedule BUILDING SERVICE REFERENCE CURRENT FEE NEW FEE Plan review (where applicable)Additional 25% of mechanical permit fee No change ELECTRICAL PERMIT FEES *These fees do not include connections fees, such as for sewer connections or water meter fees charged by other City departments nor any fees charged by public utility companies) +*The following items are in addition to the Basic Permit lssuance Fee: For issuance of each electrical permit" Resolution No.21-2OII S42.oo No cha nge New Residential Building - including all wiring and electrical devices in or on each building, including service Resolution No. 32-2009 $0.10 per square foot of habitable area No change Page 11 Resolution No. 104-2002 FiscalYear 2016-17 Master Fee Schedule BUILDING SERVICE REFERENCE CURRENT FEE NEW FEE Swimmine Pools Public swimming pools and spas including all wiring and electrical equipment Private pools for single-family residences Resolution No. 27-2011 Resolution No. 27-2011 s110.00 s168.00 Temporary Power Temporary service pole including all attached receptacles Temporary power pole and wiring for construction sites, Christmas tree lots, etc. Resolution No. 27-2011 Resolution No. 27-2011 Sss.oo Sss.oo No change No change Receptacle, sw itch and lieht outlets First 20 units Each additional Resolution No. 27-2011 ss4.00 S4.oo No change Page 12 SYSTEM FEE SCHEDULE s82.oo s22s.00 UNIT FEE SCHEDULE Resolution No. 32-2009 No change FiscalYear 2016-17 Master Fee Schedule BUILDING SERVICE REFERENCE CURRENT FEE NEW FEE Residential Appliances For fixed residential appliances including cook tops, ovens, air conditionin& garbage disposals, and similar devices not exceedint 1 HP in rating (For other types of air conditioners or other motor- driven appliances having larger ratings, see Power Apparatus below) Resolution No. 32-2009 S9.00 each No change Nonresidentia lAooliances Self-contained factory-wired non-residential appliances not exceeding 1 HP, KW, or kVA in rating including medical and dental devices; food, beverage and ice cream cabinets; illuminated showcases; drinking fountains; vending machines; laundry machines; etc. Resolution No. 32-2009 59.oo each No cha nge Page 13 (For other types of devices having larger electrical ratings, see Power Apparatus below) Fiscal Year 2016-17 Master Fee Schedule BUILDING SERVICE REFERENCE CURRENT FEE NEW FEE Power Apparatus For motors, generators, air conditioners and heat pumps and commercial cooking devices as follows (ratings in horsepower, kilowatts, kilovolt-amperes, or kilovolt-a mperes-reactive) : up to 10 Over l0 to and including 100 Over 100 Notes: For equipment or appliances having more than one motor, transformer, heater, etc., the sum of the combined ratings may be used. These fees include all switches, circuit breakers, contractors, thermostats, relays, and other related control equipment. Resolution No 27-2011 Resolution No. 27-2011 Resolution No. 27-2011 s28.oo Sss.oo S110.00 No change No change No change Page 14 Fiscal Year 2016-17 Master Fee schedule BUILDING SERVICE REFERENCE CURRENT FEE NEW FEE Photo volta ic svstems Residentia I svstems Permit Up to 3000 watts Over 3000 watts Plan Check Resolution No. 32-2009 Resolution No. 32-2009 Resolution No. 32-2009 No Charge No Charge No Charge No change No change No cha nge Commerci al Svstems Up to 3000 watts Over 3000 watts Plan Check Permit Resolution No. 27-2011 Resolution No. 27-2011 Resolution No. 27-2011 S3so.oo S110.00 per hour S3so.oo No change 5225.00 per hour No cha nge Buswavs For trolleys and plug-in type busways Resolution No. 27-2011 528.00 for each 100 feet (30,500 mm) or fraction thereof No change Page 15 Fiscal Year 2016-17 Master Fee Schedule BUILDING REFERENCE NEW FEE Signs, outline lighting, or marquees supplied from one circuit For additional branch circuits within the same sign, outline lighting, or marquee Resolution No. 27-2011 Resolution No. 32-2009 S55.oo each S18.00 each No change Services 600 volts or less and not over 200 amperes in rating 600 volts or less, over 200 amperes to 1,000 amperes Over 600 volts or over 1,000 amperes Resolution No. 27-2011 Resolution No. 21-2077 S55.oo each S82.00 each S110.00 each No cha nge No change No change Miscellaneous For apparatus, conduits, and conductors for which a permit is required but for which no fee is set forth Resolution No. 27-2011 S36.oo No cha nge lnspections outside normal business hours Resolution No. 27-2011 S11o.oo per hour (minimum charge of 4 hours) S225.00 per hour (minimum charge of 2 hours) Page 16 SERVICE CURRENT FEE Siens, Outline lightine and Marquees Permits No change Resolution No 27-201L FiscalYear 2016-17 Master Fee schedule BUILDING SERVICE REFERENCE CURRENT FEE NEW FEE Reinspection fees (minimum charge is one hour) Resolution No. 27-2011 5110.00 per hour S225.00 per hour lnspections for which no fee is specifically indicated (minimum charge is one-half hour! Resolution No 27-2011 S110.00 per hour S225.00 per hour lmaging fee Resolution No. 32-2009 Additional 5% of electrical permit fee with minimum fee of 55.00 No change Plan review (where applicable)Resolution No. 104-2002 No cha nge Building Moving S327.oo No change Page 17 Additional 25% of electrical permit fee GENERAL FEES Resolution No. 32-2009 (Section 18.07.030) Fiscal Year 2016-17 Master Fee Schedule CITY CLERK & ELECTIONS SERVICE REFERENCE CURRENT FEE Video recording of City Council meeting or other proceeding that has been video recorded - to be paid in advance of copying recording Resolution No. 32-2009 Resolution No. 32-2009 S88.00 per vHS tape plus photo service charge 588.00 per DVD plus photo service charge No change Audiotape of City Council meeting or other City proceeding that has been taped - to be paid in advance of copying tape Resolution No. 32-2009 Resolution No. 32-2009 S17.00 per tape if tape is supplied by requestor 517.00 per tape if tape is not supplied plus pu rchase cost of tape No cha nge No change All Certifications Resolution No. 32-2009 S17.00 each No change Filing of Nomination Papers Burlingame Municipal Code section 2.2O.020 (Ordinance No. 1703 (2003) No change Page 18 NEW FEE No change S28.00 per candidate Fiscal Year 2016-17 Master Fee Schedule ENGINEERING SERVICE REFERENCE CURRENT FEE Sewer Lateral Test Resolution No. 32-2009 S332.oo s39s.00 Sewer Lateral Replacement (with Sidewalk Add No. 5) Resolution No. 32-2009 s332.00 s39s.00 Water Service Connection (with Sidewalk Add No. 5) Resolution No. 32-2009 s497.00 ss16.00 Resolution No. 32-2009 s600.00 s178.00 Sidewalk/Driveway up to 200 S.F. (lncludes Curb Drain) Resolution No. 32-2009 Section s L2.LO.O3O/72.O8.O2O/ 12.04.030 5430.00 plus S.34 for each square foot over 200 S371.00 plus $.34 for each square foot over 200 s211.00 s370.00 Traffic Control Resolution No. 33-2008 s283.00 s303.00 Block Party (includes up to 6 barricadesf Resolution No. 27-2006 No Change NEW FEE ENCROACHMENT PERMITS Fire System Connection (with Sidewalk Add No. 5l Sidewalk Closure/Pedestrian Protedion Resolution No. 32-2009 550.00 plus 55.00 for each ad d'l barricade over 6 Page 19 AEItsSEEE Fiscal Year 2016-17 Master Fee Schedule ENGIN EERING SERVICE REFERENCE NEW FEE Commercial Areas and Construction Purposes Moving Only Purposes (Residential Areas) $t+5.00 plus $10.00 space per day or meter rates $31.00 processing fee plus $10 per space per day S192.00 plus $10.00 space per day or meter rates No Change Page 20 CURRENT FEE Fiscal Year 2016-17 Master Fee Schedule ENGINEER!NG SERVICE REFERENCE CURRENT FEE NEW FEE Demolition Permit (in addition to any Building Department-issued Demolition or Construction Permit) lncludes sewer, water and sidewalk replacement Add fire line Add curb drain Add sidewalk closure Add PG&E Resolution No. 32-2009 Resolution No. 32-2009 Resolution No. 32-2009 Resolution No. 32-2009 Resolution No. 32-2009 s1,283.00 s600.00 s18s.00 s211.00 s269.00 S14i.7.oo S7s.oo s202.00 s202.00 s202.00 Resolution No. 32-2009 s364.00 s29s.00 Single Trip -Transportation Fee (Fixed rate set by Per Caltrans) Senate Bill SB 372 No Change Leaf Blower Testing Certification Fee Ord. No. 781t(2012],525.00 for up to 5 leaf blowers 55.00 for certification decal if certified by man ufacturer Creek Enclosures Resolution No. 32-2009 S1,374.00 s3,9s0.00 Page 21 GENERAL FEES Address Change s16.00 531.20 for up to 5 leaf blowers S5.00 for certification decal if certified by manufacturer FiscalYear 2016-17 Master Fee Schedule ENGIN EERING SERVICE CURRENT FEE NEW FEE s4,s0s.00 Hauling Permit Section 13.60.080 S36.00 application fee plus l cent per ton per mile S236.00 application fee plus l cent per ton per mile Subsurface Shoring Systems o Per LO'-ZO' deep tieback o Per >20'deep tieback . For permanent space used S2,000.00 each S1,000.00 each 50% of a ppraised land value at time of building permit Resolution No. 32-2009 s618.00 S1,26s.oo Non-permanent installations, such as tables, chairs, planters 5292.00 s1,497.00 DEPOSITS OR BONDS FOR ENCROACHMENT PERMIT WORK Openings in Public Right-of-Way (not in sidewalk or street) Resolution No. 33-2007 5328.00 Minimum (in easement area ) S1o/s.F. in sidewalk 5915.00 Minimum (in easement area ) S10/S.F. in sidewalk Page 22 REFERENCE Abandonment of Public Utility Easement SPECIAL ENCROACHMENT PERMITS Permanent structures, such as retaining walls, fences Resolution No. 32-2009 Fiscal Year 2016-17 Master Fee Schedule ENGIN EERING REFERENCE CURRENT FEE NEW FEE Resolution No. 33-2007 S1o.oo per square foot in sidewalk area, 5328.00 minimum $10.00 per square foot in sidewalk area, 5915.00 minimum Street Roadway Opening (AC Pavement Restorationf Resolution No. 33-2007 Water Main Modification Sewer Main & Storm Drain Modification Resolution No. 33-2007 S1,096.oo per connection S2,500.00 per connection Lot Line Adjustment Resolution No. 32-2009 (Section 26.24.0901 s727.OO S2,525.00 plus deposit Lot Combination Resolution No. 32-2009 (Section 26.24.O9O1 S1,ls7.oo S2,525.00 plus deposit Subdivision Map Resolution No. 32-2009 (Sections 25.24.O9O/ 25.16.1s1) S1,454.00, plus 5219.00 for each additional lot in excess of 5 lots; plus actual City consultant costs S3,750.00 plus deposit, plus 5219.00 for each additional lot in excess of 5 lots; plus actual City consu ltant costs Page 23 SERVICE Openings in Public Right-of-Way in sidewalk (not in streetl $1o.oo per square foot in paved area, 5822.00 minimum including curb replacement $10.00 per square foot in paved area, s1,s00.00 minimum including curb replacement Resolution No. 33-2007 S1,644.00 per connection S5,400.00 per connection SUBDIVISION MAPS Fiscal Year 2016-17 Master Fee schedule SERVICE CURRENT FEE NEW FEE Condominium Map Resolution No. 32-2009 (Sections 26.24.090/ 26.16.1s1) S2,319.00, plus S548.00 for each additional unit over 4 units, plus actual City consultant costs S2,912.00, plus S548.00 for each additional unit over 4 units, plus actual City consultant costs STORMWATER POLLUTION PREVENTION CONSTRUCTION PERMITS ** The fees represent the labor cost to inspect and security deposit S165.00 plus S500.00 security deposit Type 2 Project: Multi-family dwellings o commercial additions (excluding tenant improvements) that are on a 10,000 sf lot or smaller S330.00 plus S500.00 security deposit Type 3 Project: Any project 10,000 sf up to an acre lot S660.00 plus S1,500.00 security deposit Type 4 Project: Any project greater than one acre in size S1,32o.oo plus S5,000 security d eposit Page 24 ENGIN EERING REFERENCE Type 1 Project: Single family dwellings with 1't or 2nd floor additions on a 10,000 sf lot or smaller Fiscal Year 2016-17 Master Fee Schedule ENGIN EERING SERVICE REFERENCE CURRENT FEE NEW FEE PLANNI NG APPLICATION REVIEWS Single Family Dwelling (Addition)s428.00 Single Family Dwelling (New)s8s6.00 Multi-family 51,7t2.OO Commercial/lndustrial 57,772.OO Environmental Review s1,379.00 Traffic and Parking Studies 53,2s3.00 GRADING PERMIT s1,1s6.00 101 - 1,000 cubic yards s1,74s.00 Over 10,000 cubic yards 52,776.OO Page 25 1 - 100 cubic yards 1,001 - 10,000 cubic yards s2,040.00 Fiscal Year 2016-17 Master Fee Schedule FINANCE SERVICE REFERENCE CURRENT FEE NEW FEE Duplicate business license Section 6.04.120 s10.00 No change Application for first business license Section 6.04.170 s3s.oo No change Submittal of surety bond for transient occupancy after expiration of bond Resolution No. 27- 2006 $150.00 for every 15 days bond is late No change Special business license for long- term parking Section 6.08.085 5% of gross receipts No change Page 26 Fiscal Year 2016-17 Master Fee Schedule FIRE FEES . CENTRAL COUNTY FIRE DEPARTMENT The Central County Fire Department (CCFD) is governed bythe Fire Board, and as such, its fees are enacted via process that is separate from that ofthe City of Burlingame. These fees will be included in the City of Burlingame Master Fee Schedule as of July 1, 2016 based on any future action by CCFD. The following are current fees as of July 1, 2015. SERVICE REFERENCE CURRENT FEE NEW FEE Health & Safety Code 5 73235 Available on July 1, 2016 Residential Care Facility for Elderly serving 6 or fewer persons - fire inspedion enforcement Health & Safety Code 5 1569.84 No Charge Available on July 1, 20L6 Residential Care Facilities Resolution No. 33-2008 s284.00 Available on July 1, 20L6 Large Family Day Care Resolution No. 33-2008 s1s0.00 Available on July 1, 2016 Skilled Nursing Facility Resolution No. 33-2008 Sssl.oo Available on July 1, 20L6 Hospital/lnstitution Resolution No. 33-2008 RE-INSPECTIONS Second re-inspection Resolution No. 33-2008 $t 33.oo per inspection Available on July 1, 2076 Page 27 CARE FACILITIES INSPECTION Pre-inspection of licensed community care facility S160.00 per hour S2,1s4.oo Available on July 1, 2016 Fiscal Year 2016-17 Master Fee Schedule FIRE FEES . CENTRAL COUNTY FIRE DEPARTMENT SERVICE REFERENCE CURRENT FEE NEW FEE Third and subsequent reinspections Resolution No. 33-2008 CONSTRUCTION FEES Resolution No. 33-2008 S155.00 per hour Available on July 1, 2016 Expedite Building or Planning Check Fees (2 hour minimum) Resolution No. 33-2008 $310 per hour Available on July 1, 20L6 Consultation and Planning Resolution No. 33-2008 S181.00 per hour Available on July 1, 20L6 Fire Alarm Svstems Permit for Monitoring System Permit for Manual System Permit for Automatic System Permit for Combination System Resolution No. 33-2008 Resolution No. 33-2008 Resolution No. 33-2008 Resolution No. 33-2008 s160.00 s160.00 s294.00 s42s.00 Available on July 1, 20t6 Fixed Fire Extin ishi ns Svstem Permit Resolution No. 33-2008 5227.OO Available on July 1, 2016 Standpipe System Permit Resolution No. 33-2008 s294.00 Available on July 1, 2016 Page 28 5335.00 per in spection Available on July 1, 20t6 Building or Planning Plan Check Fiscal Year 2016-L7 Master Fee Schedule FIRE FEES . CENTRAL COUNTY FIRE DEPARTMENT SERVICE REFERENCE CURRENT FEE NEW FEE Storage Tank (above or below groundl Permit Resolution No. 33-2008 s160.00 Available on July 1, 20t6 One or two Family Dwelling Fire Sprinkler System (NFPA 13D Permit Resolution No. 33-2008 5427.00 - flat fee including two inspections (additional inspections will be charged at the hourly rate of the staff who actually perform each inspection) Available on July 1, 2016 Fire Pump Permit Resolution No. 33-2008 s160.00 Available on July 1, 2016 SPRINKLER SYSTEMS Page 29 Fiscal Year 2016-17 Master Fee Schedule FIRE FEES . CENTRAL COUNTY FIRE DEPARTMENT Residential or Commercial Fire Sprinkler System (NFPA 13 or 13R) Permit - Single Story (incl. T.l.l Permit - Multi-story Resolution No. 33-2008 5695.00 flat fee including two inspections (additional inspections will be charged at the hourly rate of the staff who actually perform each inspection) Available on July 1, 20L6 Fire Service Line lnspection Resolution No. 33-2008 s160.00 Available on July 1, 20t6 Alternate Means of Protection Review S176.00 per hour Available on July 1, 2076 MISCELLANEOUS FEES AND PERMITS Available on July 1, 2016 NFPA 13 or 13R Remodel & Repair (Sprinkler Head relocation/adjustment only) Available on July 1, 20t6 Change of Use lnspection (usually triggered by new business license) Resolution No. 33-2008 s169.00 Available on July 1, 20t6 Page 30 Resolution No. 33-2008 Vetetation Management lnspection Resolution No. 33-2008 S160.00 plus 50% of contractor's fee Resolution No. 33-2008 s160.00 Fiscal Year 2016-17 Master Fee Schedule Standby Service Firefighter Fire Captain Battalion Chief Engine Company Resolution No. 33-2008 Resolution No. 33-2008 Resolution No. 33-2008 S123.00 per hour (minimum of 3 hou rs) S146.00 per hour (minimum of 3 ho u rs) S163.00 per hour (minimum of 3 ho u rs) S5o1.oo per hour (minimum of 3 hours) plus apparatus costs of S1,360.00 per day as set by state Available on July 1, 2016 Available on July 1, 20t6 Available on July 1, 20L6 Available on July 1, 20t6 Photographs from investigations Cost of reproduction Available on July 1, 20t6 Fire lncident Reports (not including photographs) Resolution No. 33-2008 S1o.oo Available on July 1, 20L6 Work without a construction permit Resolution No. 33-2008 Up to 10 times the permit fees Available on July 1, 20t6 Emergency Response Costs for Driving under the lnfluence Costs according to Personnel Schedule Below plus apparatus cost of S1,350.00 per day as set by state Available on July 1, )016 Page 31 FIRE FEES . CENTRAL COUNTY FIRE DEPARTMENT Resolution No. 33-2008 Resolution No. 51-2004 Resolution No. 33-2008 Fiscal Year 2016-17 Master Fee Schedule FIRE FEES. CENTRAL COUNTY FIRE DEPARTMENT False Alarms Resolution No. 33-2007 s570.00 for 3 to 5 S1,o71.oo for 6 or more Available on July 1, 20t6 Hazardous Materials Clean- up/Response Resolution No. 33-2008 Costs according to Personnel Schedule Below plus apparatus costs of S1,360.00 per day as set by State Available on July 1, 20L6 SERVICE REFERENCE CURRENT FEE NEW FEE PERSONNEL COSTS Administration Firefighter Fire Captain Fire Admin Captain Fire lnspector Battalion chief Fire Marshal Admin Support Officer Fire Mechanic Deputy Fire Chief Division Chief Fire Chief Resolution Resolution Resolution Resolution Resolution Resolution Resolution Resolution Resolution Resolution Resolution Resolution No. No. No. No. No. No. No. No. No. No. No. No. 33-2008 33-2008 33-2008 33-2008 33-2008 33-2008 33-2008 33-2008 33-2008 33-2008 33-2008 33-2008 S 54.00 per hour S123.00 per hour S146.00 per hour S153.00 per hour S134.00 per hour S163.oo per hour Su6.00 per hour S 91.00 per hour S143.00 per hour S154.00 per hour S159.00 per hour S182.00 per hour Available on July 1, 20t6 Personnel Costs bv Job Class Page 32 Fiscal Year 2016-17 Master Fee Schedule FIRE FEES . CENTRAL COUNTY FIRE DEPARTMENT SERVICE REFERENCE CURRENT FEE NEW FEE Aerosol Products Resolution No. 33-2008 S2so.oo Available on July 1, 20L6 Amusement Buildings Resolution No. 33-2008 s284.00 Available on July 1, 20t6 Apartments, Hotels and Motels - 10 or less units Resolution No. 33-2008 s181.00 Available on July 1, 2016 Apartments, Hotels and Motels - 11 to 25 units Resolution No. 33-2008 s218.00 Available on July 1, 2016 Apartments, Hotels and Motels - 26 or more units Resolution No. 33-2008 s308.00 Available on July 1, 2016 Aviation Facilities Resolution No. 33-2008 s4s0.00 Available on July 1, 2016 Battery System Resolution No. 33-2008 s4s0.00 Available on July 1, 2016 Carnivals and Fairs Resolution No. 33-2008 s417.00 Available on July 1, 20t6 Christmas Tree Lot Resolution No. 33-2008 s1s0.00 Available on July 1, 20t6 Combustible Fiber Storate Resolution No. 33-2007 Combustible Material Storate Resolution No. 33-2008 s2s0.00 Page 33 GENERAL PERMITS s2s0.00 Available on July 1, 20t6 Available on July 1, 2016 Fiscal Year 2016-17 Master Fee schedule FIRE FEES . CENTRAL COUNW FIRE DEPARTMENT SERVICE REFERENCE CURRENT FEE NEW FEE Compressed Gasses Resolution No. 33-2008 s2s0.00 Available on July 1, 20L6 Commercial Rubbish-Handling Operation Resolution No. 33-2008 S2so.oo Available on July 1, 20t6 Cryogens Resolution No. 33-2008 s2s0.00 Available on July 1, 20t6 Dry Cleaning Plants Resolution No. 33-2008 s2s0.00 Available on July 1, 20L6 Dust-Producing Operations Resolution No. 33-2008 Available on July 1, 20t6 Explosives or BlastinB Agents Resolution No. 33-2008 S4so.oo Fire Hydrants and water Control Valves Resolution No. 33-2008 s247.OO Available on July 1, 20t6 Fireworks Resolution No. 33-2008 s4s0.00 Available on July 1, 2076 Flammable or Combustible Liquids Resolution No. 33-2008 S4so.oo Hazardous Materials s4s0.00 Available on July 1, 20t6 High-Piled Combustible Storage - 20,000 square feet or less Resolution No. 33-2008 S4so.oo Available on July 1, 2016 High-Piled Combustible Storage - more than 20,000 square feet Resolution No. 33-2008 ss83.00 Available on luly 1, 2076 Page 34 S2so.oo Available on July 1, 2016 Available on July 1, 20L6 Resolution No. 33-2008 FIRE FEES - CENTRAL COUNTY FIRE DEPARTMENT SERVICE REFERENCE NEW FEE Hot-Work Operations Resolution No. 33-2008 s2s0.00 Available on July 1, 20L6 Liquefi ed Petroleum Gasses Resolution No. 33-2008 s4s0.00 Available on July 1, 2016 Liquid- or gas-fueled Vehicles or Equipment in Assembly Buildings Resolution No. 33-2008 54s0.00 Live Audiences Resolution No. 33-2008 s4s0.00 Available on July 1, 2016 Available on July 1, 2016 Magnesium Working Resolution No. 33-2008 s2s0.00 Available on July 1, 2016 SERVICE REFERENCE CURRENT FEE NEW FEE EXHIBITS & TRADE S HOWS. FOR ASSEMBLY Exhibits & Trade Shows - Display Booth Resolution No. 33-2008 Available on July 1, 2015 Exhibits & Trade Shows - With Open Flame Resolution No. 33-2008 s2s0.00 Available on July 1, 2016 Resolution No. 33-2008 S2so.oo Available on July 1, 20L6 Page 35 FiscalYear 2016-17 Master Fee Schedule CURRENT FEE Available on July 1, 2016 Lumber Yards storing in excess of 100,00 board Feet Resolution No. 33-2008 S3so.oo s2s0.00 Exhibits & Trade Shows - Display Fuel Powered Equipment Fiscal Year 2016-17 Master Fee Schedule FIRE FEES . CENTRAL COUNTY FIRE DEPARTMENT SERVICE REFERENCE CURRENT FEE Motor Vehicle Fuel'Dispensing Stations s211.00 Available on July 1, 20t6 Open Burning S2so.oo Available on July 1, 20t6 Resolution No. 33-2008 Available on July 1, 2016 Ovens, lndustrial Baking and Drying Resolution No. 33-2008 Available on July 1, 20t6 Parade Floats Resolution No. 33-2008 Available on July 1, 20t6 Places of Assembly s47s.00 Available on July 1, 20L6 Resolution No. 33-2008 S417.oo Available on July 1, 2016 Pyrotechnical and Special Effects Material Resolution No. 33-2008 Available on July 1, 20L6 Radioactive Materials Resolution No. 33-2008 s2s0.00 Available on July 1, 20t6 Refrigeration Equipment Resolution No. 33-2008 s3s0.00 Available on July 1, 2016 Resolution No. 33-2008 s284.00 Available on July 1, 20\6 Resolution No. 33-2008 s284.00 Available on July 1, 2016 NEW FEE Resolution No. 33-2008 Resolution No. 33-2008 Ortanic Coating S2so.oo S211.oo s2s0.00 Resolution No. 33-2008 Production Facilities s4s0.00 Repair Garage Spraying and Dipping Page 36 Fiscal Year 2016-17 Master Fee Schedule FIRE FEES - CENTRAL COUNTY FIRE DEPARTMENT SERVICE REFERENCE CURRENT FEE NEW FEE Tents, Canopies, and Temporary Membrane Structures Resolution No. 33-2008 s380.00 Available on July 1, 2016 Tire Storage Resolution No. 33-2008 s2s0.00 Available on July 1, 20L6 Wood Products Resolution No. 33-2008 s2s0.00 Available on July 1, 20L6 Page 37 Fiscal Year 2016-17 Master Fee Schedule LIBRARY SERVICE REFERENCE CURRENT FEE NEW FEE Photocopies - Black and White S0.15 per page at vending machine No Change Photocopies - Color 50.25 per page at vending machine lnternet /Database copies or printouts - Black and white Resolution No. 27-2011 First 3 pages free $0.15 per page No Change lnternet /Database copies or printouts - Color Resolution No. 27-2011 First page free $0.25 per page Facilities R al Lane Community Room rental Use of Audio Visual Equipment Tech Media Lab rental Use of Audio Visual Equipment Computer set-up/breakdown Meetint Room rental Use of Audio Visual Equipment Resolution No. 32-2009 Resolution No. 27-2011 s100.00 530.00 flat fee 540.00 first 4 hours 530.00 Flat fee No Change No Change No Change No Change No Change No Change No Change Page 38 CITY OF BURLINGAME FEES 560.00 first 4 hours 530.00 flat fee S50.oo flat fee LIBRARY SERVICE REFERENCE CURRENT FEE NEW FEE Outside System Book Loan Resolution No. 27-2011 55.00 + additional fee from lending library if applicable No Change Passport Acceptance/US State Department Fee Set by US State Department s2s.oo Passport Photo Fee S1s.oo PENINSULA LIBRA RY SYSTEM CONSORTIU M CONTROLLED FEES Overdue Fee for Adult Peninsula Library System $0.25 per item, per day No Change Maximum Fee Peninsula Library System 58.00 Adult s3.90 Child No Change Peninsula Library System $5.00 per item plus costs of replacement of item No Change Replacement of Lost Card Peninsula Library System s1.00 No Change Page 39 Fiscal Year 2016-17 Master Fee Schedule Lost Book Replacement Fee Fiscal Year 2016-17 Master Fee Schedule PARKS & RECREATION School District Fees: Fees shall be a pplied to the district and affiliated organizations (examples: PTA, Boosters, Foundations) as follows: A. San Mateo Union H ieh School District a. Unless otherwise specified in an adopted facility use agreement, indoor and athletic facility fees shall be calculated administratively to be comparable to the SMUHSD fee schedule as it pertains to City use of similar SMUHSD facilities. b. picnic and special park facility fees, and staffing fees charged to SMUHSD shall beattherates described in other sections of the fee schedule. B. Burlinsame School District a. Unless otherwise specified in an adopted facility use agreement, indoor and athletic facility fees shall be calculated administratively to be comparable to the BSD fee schedule as it pertains to City use of similar BSD facilities. b. Picnic and special park facility fees, and staffing fees charged to BsD shall be at the rates described in other sections ofthe fee schedule. Pool fees for BSD use shall be charged at the non-profit rate. Group Classifications for Purposes of Parks & Recreation Facilities Usase: Group A: City of Burlingame, Burlingame School District Group A-1: Recognized Burlingame based non-profit youth sports groups (for field use only) Group B: Non-profit groups or organizations with IRS Section 501c(3) tax exempt status Group C: Private parties, commercial, business, and profit-making organizations Page 40 Fiscal Year 2016-17 Master Fee Schedule PARKS & RECREATION FACTUTY/SERVTCE REFERENCE CURRENT FEE NEW FEE Recreation Center Auditorium Group A Group B Burlingame Residents Non-Residents Burlingame Non-Profit Meetints Non Resident Non-Profit Meetings Auditorium Deposit Resolution No. 31-2003 Resolution No. 33-2008 Resolution No. 33-2008 S142.00 1't hour 571.00 /add' I hour S154.oo 1't hour S77.00/add'I hour 540.00 per hour $44.00 per hour S244.oo 1" hour 5122.001 add'l hour 5278.00 1't hour S139.00/ add' I hour Ssoo.oo No Change S145.oo 1't hour S73.00 /add' I hour S157.00 1't hour S79.00/add'I hour No Change No Change 5249.00 1't hour S12s.00/ add' I hour 5284.00 1't hour s142.00/ add' I hour Page 41 INDOOR FACITITIES Group C Burlingame Residents Non-Residents Resolution No. 33-2008 Resolution No. 33-2008 No Charge No Change Fiscal Year 2016-17 Master Fee Schedule PARKS & RECREATION FACTLTTY/SERVTCE REFERENCE CURRENT FEE NEW FEE Non-Residents Burlingame Non-Profi t Meetings Non Resident Non-Profit Meetings Group C Burlingame Residents Non-Residents Facility Room Deposit No Charge S110.00 1't hour 555.00 /add' I hour S118.oo 1" hour S59.00/add'I hour S142.oo 1't hour 571.00/add' I hour 5154.00 1't hour S77.oo/add' I hour 5200.00 Per Room 50% discount on deposit of lounge if 2nd lounge is rented at the same time 50% d iscou nt on deposit of kitchen if rented with another room No Change S112.00 1't hour 556.00 /add' I hour S121.oo 1'3t hour S60.00/add' I hour $20 per hour S22 per hour 5145.oo l't hour S73.oo/add'I hour S157.00 1't hour S79.00/add' I hour No Change Page 42 Other Recreation Center Rooms Group A Group B Burlingame Residents FACTLTTY/SERVTCE REFERENCE CURRENT FEE NEW FEE Kitchen Group A Group B Burlingame Residents Non-Residents Group C Burlingame Residents Non-Residents Additional Rental Charges: Tables/Chairs-up to 50 Tables/Charis-51 to 100 Tables/Chairs-over 100 Coffee Pots Resolution No. 33-2008 Resolution No. 33-2008 Resolution No. 33-2008 Resolution No. 33-2008 No Charge S16.00 per hour S20.00 per hour $32.00 per hour S38.00 per hour s1s.oo s2s.00 s40.00 $12.00 per pot No Change S17.00 per hour S21.00 per hour $33.00 per hour 539.00 per hour s17.00 s26.00 s41.00 $t3.oo per pot Building Attendant'Resolution No. 33-2008 539.00 per hour $40.00 per hour Field Attendant Resolution No. 41-2008 $39.00 per hour $40.00 per hour Resolution No. 27-2006 S100.00 per event S102.oo per event weekday Custodian Resolution No. 31-2003 530.00 per hour 531.00 per hour Extra, Non-Scheduled Hours Resolution No. 27-2006 S25o.oo per hour S255.00 per hour Security Personnel Resolution No. 33-2008 S118.00 per hour S121.00 per hour wine/beer to be served S30.00 additional S31.00 additional Fiscal Year 2016-17 Master Fee Schedule 'Building Attendant or Security will be on duty 30 minutes prior to and 30 minutes after duration of activities at Recreation Center. Security fee will be charged for all private parties over 150 persons or serving alcoholic beverages. Page 43 Weekend Custodian Resolution No. 31-2003 PARKS & RECREATION Fiscal Year 2016-17 Master Fee Schedule PARKS & RECREATION FACtLtTY/SERVTCE REFERENCE CURRENT FEE NEW FEE Large Special Event Deposit for Athletic Fields: Less than 100 in attendance More than 100 in attendance Group A-1: Field Use per Season by Burlingame-based non-profi t youth sports group. Fields used by Accredited Burlingame-based non-profit youth sports groups S250.00 per event S500.00 per event Sto.oo per Resident $85.00 per Non- Resident plus S3.00 per hour per field for Resident Sroups, 59.00 per hour per field for groups less than 50% Resident Security Deposit Ssoo.oo No Change No Change No Change No Change PaEe 44 OUTDOOR FACILITIES Resolution No. 27-2011 Fiscal Year 2016-17 Master Fee Schedule PARKS & RECREATION FACtUTY/SERVTCE REFERENCE CURRENT FEE NEW FEE Burlinea me HiEh School Stadium Field Group A and A1 Group B Burlingame residents Non-residents Group C Burlingame residents Non-residents Stadium Track (Track only) Group A and A1 Group B Burlingame Residents Non-residents Group C Burlingame residents Non-residents Stadium Lights Group A and A1 Group B Burlingame residents Non-residents Group C Burlingame residents Non-residents N/A SMUHSD CONTRACT EXPIRED JULY 1, 20tt. THE CITY OF BURTINGAME NO TONGER RENTS BURLINGAME HIGH SCHOOT FACITITIES Page 45 .,1d PARKS & RECREATION REFERENCE CURRENT FEE NEW FEE Group C Burlingame Residents Non-residents Resolution No. 31-2003 Resolution No. 61-2006 Resolution No. 33-2008 Resolution No. 61-2006 Resolution No. 33-2008 Osbere Field Group A and A1 Group B Burlingame Residents Non-residents Group C Burlingame Residents Non-residents Resolution No. 31-2003 FEES ARE SET BY THE BURLINGAME SCHOOL DISTRICT Bavside Ball Fields f1 and #2 Group A Group B Burlingame Residents Non-residents Group c Burlingame Residents Non-residents Bayside Field Lights Resolution No. 31-2003 Resolution No. 61-2006 Resolution No. 33-2008 Resolution No. 31-2003 Resolution No. 33-2008 Resolution No. 24-2010 No Charge $20.00 per hour $30.00 per hour 530.00 per hour S50.00 per hour 530.00 per hour No Change No Change No Change No Change No Change 535.00 per hour Page 46 Fiscal Year 2016-17 Master Fee Schedule FACTUTY/SERVtCE Franklin Field Group A and A1 Group B Burlingame residents Non-residents FEES ARE SET BY THE BURTINGAME SCHOOL DISTRICT Resolution No. 61-2006 Resolution No. 33-2008 Resolution No. 61-2006 Resolution No. 33-2008 Fiscal Year 2016-17 Master Fee schedule PARKS & RECREATION REFERENCE CURRENT FEE NEW FEE Group C Burlingame Residents Non-residents Resolution No. 31-2003 Resolution No. 61-2006 Resolution No. 33-2008 Resolution No. 61-2006 Resolution No. 33-2008 Resolution No. 24-2010 No Charge S15.00 per hour 525.00 per hour 525.00 per hour $40.00 per hour $30.00 per hour No Change No Change No Change No Change No Change S35.00 per hour Bav Ball Fields #3 and #4 for Soccer Group A Group B Burlingame Residents Non-residents Group C Burlingame Residents Non-residents Bayside Field Lights Resolution No. 31-2003 Resolution No. 61-2006 Resolution No. 33-2008 Resolution No. 61-2006 Resolution No. 33-2008 Resolution No. 24-2010 No Charge $20.00 per hour $30.00 per hour $30.00 per hour S50.oo per hour $30.00 per hour No Change No Change No Change No Change No Change FAC|rlrysERVrCE Bavside Ball Fields #3,#4 and S5 for Softball or Baseball Group A Group B Burlingame Residents Non-residents Bayside Field [ights $35.00 per hour P age 47 FiscalYear 2016-17 Master Fee Schedule PARKS & RECREATION REFERENCE CURRENT FEE NEW FEE navaca Park Group A Group B Burlingame Residents Non-residents Group C Burlingame Residents Resolution No. 31-2003 Resolution No. 61-2006 Resolution No. 33-2008 Resolution No. 31-2003 Resolution No. 33-2008 No Charge $20.00 per hour 530.00 per hour $30.00 per hour No Change No Change No Change No Change No Change Murr Field Group A Group B Burlingame Residents Non-residents Group C Burlingame Residents Non-residents Murray Field tights Resolution No. 31-2003 Resolution No. 61-2006 Resolution No. 33-2008 Resolution No. 61-2006 Resolution No. 33-2008 Resolution No. 24-2010 No Charge $50.00 per hour $70.00 per hour S30.oo per hour No Change No Change No Change No Change No Change $35.00 per hour Resolution No. 31-2003 Resolution No. 51-2006 Resolution No. 33-2008 No Charge S20.00 per hour 530.00 per hour No Change No Change No Change No Change No Change FACTUTY/SERVICE Non-residents 550.00 per hour $30.00 per hour $50.00 per hour Rav Park Ball Fields #1 or #2 Group A Group B Burlingame Residents Non-residents Group C Burlingame Residents Non-residents Resolution No. 31-2003 Resolution No. 33-2008 $30.00 per hour S50.oo per hour Page 48 Fiscal Year 2016-17 Master Fee Schedule PARKS & RECREATION REFERENCE CURRENT FEE NEW FEE Non-residents Group C Burlingame Residents Washington Park Lights Resolution No. 41-2008 Resolution No. 41-2008 Resolution No. 41-2008 Resolution No. 24-2010 No Charge $30.00 per hour + field attendant 550.00 per hour + field attenda nt $50.00 per hour + field attendant $70.00 per hour + field attendant $30.00 per hour No Change No Change No Change No Change No Change $35.00 per hour Non-residents Group C Burlingame Residents Non-residents Resolution No. 31-2003 Resolution No. 61-2006 Resolution No. 61-2006 Resolution No. 33-2007 Resolution No. 33-2008 No Charge $15.00 per hour $30.00 per hour $40.00 per hour No Change No Change No Change No Change No Change PaBe 49 FACTUTY/SERVTCE Washinston Park Main Ball Field for Baseball Group A Group B Burlingame Residents Non-residents Resolution No. 41-2008 Resolution No. 41-2008 WashinEton Park BullPen Group A Group B Burlingame Residents $20.00 per hour Fiscal Year 2016-17 Master Fee Schedule PARKS & RECREATION REFERENCE CURRENT FEE NEW FEE washinsto n Park Main Ball field Outfield for Soccer Group A Group B Burlingame Residents Non-residents Group C Burlingame Residents Non-residents Washington Park Lights Resolution No. 31-2003 Resolution No. 61-2006 Resolution No. 33-2008 Resolution No. 61-2006 Resolution No. 33-2008 Resolution No. 24-2010 No Charge 530.00 per hour $50.00 per hour $70.00 per hour 530.00per hour No Change No Change No Change No Change No Change $35.00 per hour Washin on Park Small Ball Field Group A Group B Burlingame Residents Non-residents Group C Burlingame Residents Non-residents Washington Small Lights Resolution No. 31-2003 Resolution No. 61-2006 Resolution No. 33-2008 Resolution No. 61-2006 Resolution No. 33-2008 No Charge S15.00 per hour $25.00 per hour $25.00 per hour No Change No Change No Change No Change No change $35.00 per hour Page 50 FACTLTw/SERVTCE $50.00 per hour $40.00 per hour Fiscal Year 2016-17 Master Fee Schedule FACTLtw/SERVrCE REFERENCE NEW FEE Tennis Courts Burlingame Residents Non-residents For Profit Rental Burlingame Residents Non-residents Resolution No. 31-2003 Resolution No. 61-2006 Resolution No. 103-2009 Resolution No. 103-2009 530.00 for 4 hours/per court 550.00 for 4 hours/per court $16.00 per hour/per cou rt 520.00 per hour/per court S32.00 for 4 hours/per court 552.00 for 4 hours/per cou rt $18.00 per hour/per court $22.00 per hou r/per court As of September 2011, the City of Burlingame contracts with Burlingame Aquatic Club to operate the pool PICNIC PERMITS West-end of Washington Park (for Burlingame non-profit grouPs onlyl Resolution No. 27-2011 No Change Electrical Service Hook-uP at West-end of Washin6on Park Resolution No. 32-2009 S7s.oo No Change Page 51 PARKS & RECREATION CURRENT FEE AQUATIC CENTER (POOL) S425.00 Permit Fee No Deposit Fiscal Year 2016-17 Master Fee Schedule PARKS & RECREATION FACTLTTY/SERVtCE REFERENCE CURRENT FEE NEW FEE Small Picnic Area Burlingame Residents Non-residents Resolution No. 33-2008 Resolution No. 33-2008 s100.00 Permit Fee No Deposit S135.00 Permit Fee No Deposit No Change No Change Resolution No. 24-2010 S200.00 Permit Fee No Deposit S250.00 Permit Fee No Deposit No Change No Change Non-profi t Group Picnic Fees: cuernavaca & Ray Parks Resolution No. 103-2009 s95.00 Permit Fee No Deposit No Change Bot h washinston Park Picnic Areas Burlingame Residents Non-Residents s275.00 Permit Fee No Deposit S350.00 Permit Fee No Deposit No Change No Change Page 52 Large Picnic Area Burlingame Residents Non-Residents Resolution No. 24-2010 Fiscal Year 2016-17 Master Fee Schedule PARKS & RECREATION FAC|rtrysERVlCE REFERENCE CURRENT FEE NEW FEE Washin on Park Bocce Ball Cou rts (reservations) Burlingame Residents Non-Residents Rental of Bocce Ball and Horseshoes Resolution 34-2013 Resolution 34-2OL3 S25.00/hour per court No Deposit S30.oo/hour per cou rt No Deposit s10.00 Flat Rate + S40.oo Refundable deposit No Change No Change No Change Washinston Park Horseshoe Pits (reservations) Burlingame Residents Non-Residents Resolution 34-2013 Resolution 34-2Ot3 S25.00/hour per court No Deposit S30.00/hour per court No Deposit No Change No Change Page 53 Fiscal Year 2016-17 Master Fee Schedule PARKS & RECREATION FACturY/sERvlcE REFERENCE CURRENT FEE NEW FEE Rental of P ark Space for Pr ivate Classes (Exercise Boot CamDs, Stroller Exercise Classes & Other Priva te Usesl Burlingame residents Non-residents Resolution No. 103-2009 Resolution No. 103-2009 $16.00 per hour $20.00 per hour No Change No Change Burlingame residents Non-residents Resolution 24-2OIO S100.00 Permit Fee No Deposit No Change No Change Non-P Communitv Grou ps Equip ment Rental Fees Tables Chairs Tents Risers Resolution No. 32-2009 $2.00 per table $1.00 per chair S10.00 per tent $25.00 per riser $4.00 per table $2.00 per chair $20.00 per tent $30.00 per riser Page 54 Villaee Park Picnic Fee (3 tables) Resolution 24-2OLO s135.00 Permit Fee No Deposit Fiscal Year 2016-17 Master Fee Schedule PARKS & RECREATION FACtLtTY/SERVICE REFERENCE CURRENT FEE NEW FEE lnflatabl e Jump House Washingon Park Recreation Center Patio Resolution No. 27-2011 Resolution No. 27-2011 S100.00 Permit Fee No Deposit (Must be done in conjunction with a picnic permit) No Change No Change Wedding Ceremonv Washington Park Rose Garden With Recreation Center Rental Resolution No. 27-2011 Resolution No. 27-2011 S100.00 residents S15o.oo non- residents S50.00 residents Sloo.oo non- residents No Change No Change Page 55 S100.00 Permit Fee No Deposit (Must be in conju nction with rental of Lounge ll) Fiscal Year 2016-17 Master Fee Schedule PARKS & RECREATION FACTLtW/SERVTCE REFERENCE NEW FEE Photo S in Parks Application Fee Rental Fee Per Day Student Photo Shoot Film Shoot in Parks Application Fee Commercial or CorPorate Feature Film/Documentary Resolution No. 27-2011 Resolution No. 27-2011 S100.00 non- refundable fee S30o.oo for 4 hours/S50o.oo for 5-8 hours S50.00 non- refundable fee $125.00 per day No Charge or application fee S250.00 non- refundable fee $400.00 per day 5600.00 per day PaBe 56 CURRENT FEE Fiscal Year 2016-17 Master Fee Schedule PARKS & RECREATION REFERENCE CURRENT FEE NEW FEE Brochure Ads lapace ,.14 page tl2 page Full page Full Page lnside Front Cover Full Page lnside Back cover Full Page Back Cover Discount for Non-Profits Resolution No. 27-2011 l issue/3 issues (1 year) s6e.oo/s173.00 5L27 .O0/3r7.OO s23o.o0/5s7s.00 s443.oo/s1,108.00 ssoo.oo/s 1,2oo.oo Ss47.oo/S1,368.00 s633.00/s1,s83.00 $75.00 per hour 25% resident grou ps 0% non-resident 8ro u ps No Change No Change No Change No Change No Change No Change No Change No Change No Change No Change No Change CLASSES Class Fees Resolution No. 31-2003 To be set based on class provider and materialsfiacilities provided No Change Retistration Fees Resolution No. 24-2010 Srz.oo No Change Page 57 FACTLTW/SERVTCE Layout FiscalYear 2016-17 Master Fee Schedule PARKS & RECREATION FACtLITY/SERVICE REFERENCE CURRENT FEE NEW FEE Non-resident Fee on Classes Resolution No. 31-2003 Add 20% to class fee rounded to nearest dollar No Change Senior discount - Burlingame residents age 65 and over Resolution No. 103-2009 25% off class fee on classes held at Recreation Center No Change Resolution No. 31-2003 Waive non- resident fee No Change Registration cancellation charge Resolution No. 33-2008 $7.00 per class or event TR EE AND PARKS FEES Memorial tree plantings Resolution No. 33-2008 S17s.oo s200.00 Memorial Bench - Washington Park Memorial Bench - BaYside Park Resolution No. 27-2011 s1,8s0.00 s2,000.00 S2,2oo.oo Additional street tree Plantings 15 gallon/24 box size Resolution No. 32-2009 ses.oo/s2oo.oo No Change Protected Tree Removal Application Fee Resolution No. 33-2008 s7s.oo No Change Page 58 Senior discount - non-residents age 65 and over $8.00 per class or event s1,8s0.00 Fiscal Year 2016-17 Master Fee Schedule FACtUw/SERVICE REFERENCE CURRENT FEE NEW FEE Arborist's plan review for landscaping requirements on planning applications (See also planning fee schedule) Resolution No. 33-2008 s163.00 s226.00 Arborist check of construction plans and inspection of landscaPe requirements on building Permit submittals Resolution No. 33-2008 s163.00 s226.00 Appeal to City Council from Beautifi cation Commission decision (does not include noticing costs) Resolution No. 33-2008 s170.00 No Change Noticing, City Council APPeal Resolution No. 33-2008 s8s.oo No Change Street Banner Hanter s1oo.00 No Change Pri vate Tree Em n W rk Business Hours (M-F; 7-3:30! After Hours (Weekends & Holidays) $89.00 per hour $72.00 per hour Page 59 PARKS & RECREATION Resolution No. 24-2010 $69.50 per hour $91.50 per hour SERVICE REFERENCE CURRENT FEE NEW FEE PRE-APPLICATIONS Preliminary Plan Check, New Construction'Resolution No. 27-2011 s303.00 s77s.00 Preliminary Plan Check, Remodel'Resolution No. 27-2011 5r1t.oo s39o.0o zoning Verifi cation/Property Profile Letter New Fee Sso.oo APPLICATIONS Ambiguity/Determination Hearing before Planning Commission (applies to PlanninS, Fire, and Building requests) Resolution No. 33-2008 s973.00 No change Amendment/Extension of Permits Resolution No. 27-2011 s71s.00 Appeal to Planning Commission of administratively approved permits/appeal to City Council of Planning Commission decisions Noticing to be charged seParatelY Resolution No. 33-2008 s440.00 No change Letal Review-substantive work by City Attorney for development projects requiring discretionary review before the Planning Commission under Title 25 Resolution No. 48-2015 S140.00/hour S165.00/hour Fiscal Year 2016-17 Master Fee Schedule PLANNING 'fifty percent (50%) of fee will be credited toward required application fees if and when pro.iect is submitted as a complete application. Page 60 s401.00 SERVICE REFERENCE CURRENT FEE NEW FEE Conditional Use Permit Resolution No. 27-2011 No change Condominium Permit, 4 Units or Less Resolution No. 33-2008 s1,479.00 54,47s.OO Condominium Permit, 5 Units or More Resolution No. 33-2008 5t,737.00 5s.9s0.oo Design Review, Addition Resolution No. 27-2011 5t,L27.OO No change Design Review, Amendment Resolution No. 27-2011 S973.oo No ch ange Resolution No. 27-2006 s879.00 s1,320.00 Design Review - Handling Fee Resolution No. 33-2008 S494.oo No change Minor Amendment to Approved Project New Fee s37s.00 As-Built Variation from Approved Project New Fee s1,380.00 Design Review, New Construction Resolution No. 27-2011 s1,127.00 No change Fence Exception Resolution No. 27-2011 s989.00 No change Resolution No. 27-2011 s2,747.OO Minor Modification Resolution No. 27-2011 s1,260.00 Hillside Area Construction Permit Resolution No. 27-2011 s1,s07.00 Secondary Dwelling Unit Resolution No.27-2OlL s418.00 s640.00 Reasonable Accommodation Resolution No. 27-2011 s418.00 No changeg Re-zoning Resolution No. 27-2011 52,147.OO s6,700 Minimum deposit. hearing until actualtime Paid. Fiscal Year 2016-17 Master Fee Schedule PLANNING Formula for ultimate calculation is design review consultant fee times hours spent- Project not set for Page 61 S1,7s8.oo Design Review Deposit" General Plan Amendment s418.00 s418.00 Fiscal Year 2016-17 Master Fee schedule SERVICE REFERENCE CURRENT FEE NEW FEE Second Unit Amnesty Permit, Building Official lnspection Deposit Resolution No. 27-2011 s440.00 No change Resolution No. 27-2011 s1,7s8.00 s2,8oo.0o Variance Resolution No 27-2011 s1,7s8.00 s3,900.00 Wireless Communications Administrative Use Permit s418.00 1,780.00 Plan Recheck Fee More than two revisions to Plans Resolution No. 32- 2009 Resolution No. 32- 2009 s220.00 s494.00 S6s3.oo S78s.oo Environmental, Categorical Exemption Resolution No. 27-2011 S88.oo s1o9.o0 Environmental, Negative Declaration (R-1 and R-2) $2,s27.OO ss,660.00 Environmental, Mitigated Declaration and/or with a Responsible AgencY Resolution No. 27-2011 Pass-through of actual contractor cost Resolution No. 31-2003 35o/o ol contract, deposit to be determined by CDD Director 20% of contract, deposit to be determined by Director of Community Development PLANNING Special Use Permit Municipal Code Chapter 25.77 Major redesign of project plans ENVIRONMENTAL Resolution No. 27-2011 s3,076.00 Environmental lmpact RePort Page 62 Fiscal Year 2016-17 Master Fee Schedule PLANNING SERVICE REFERENCE CURRENT FEE NEW FEE Environmental Posting Fee, Negative Declaration and EIR Resolution No. 27-2011 s286.00 ss80.00 Fish & Game Fee for Negative Declaration, whether mitigated or not (pass-through fee) s2,210.00 52,zlo.2s Fish & Game Fee for Environmental lmpact Report (pass-through fee! Fish & Game Code 5 7tL.4 s3,069.7s S3,o7o.oo County Clerk Processing Fee for Fish & Game (pass-through fee) Fish & Game Code I 7tt.4 Sso.oo No change Resolution No. 33-2008 S181.oo s226.00 Noticing, R-1 and R-2 Resolution No. 27-2011 s198.00 s310.00 Noticing, All Other Districts Resolution No. 27-2011 s198.00 s310.00 Noticing, R-1 Design Review, Residential Resolution No. 27-2011 5274.OO s430.00 Noticing, R-1 Design Study, Residential Resolution No. 27-2011 52t4.OO s430.00 Noticin& Design Review, all other districts Resolution No. 27-2011 S274.oo S43o.oo Noticing, Minor Modifications, Hillside Area Construction Permits Resolution No. 27-2011 s274.00 s360.00 Noticing, General Plan Amendment -Resolution No. 33-2008 S1,240.oo Page 63 Fish & Game Code 5 771.4 PARKS Arborist Review (when required) NOTICING s1,319.00 Fiscal Year 2016-17 Master Fee Schedule PLANNING SERVICE REFERENCE CURRENT FEE NEW IEE Re-zoning Noticing, Environmental lmpact Report Noticing, City Council Appeal Resolution No. 33-2008 s93.oo No change Noticing, Second Unit AmnestY Resolution No. 61-2004 No change Noticing - Wireless Communications Municipal Code Chapter 25.77.120 ss24.00 ss4s.00 SIGNS 50 square feet or less Sso.oo s1ss.00 Over 50 SF and less than 200 square feet Resolution No. 27-2011 S99.oo 5227.oo Over 200 square feet Resolution No. 27-2011 s138.00 s2ss.00 Sign Variance Resolution No. 27-2011 Removal of lllegal Sign Resolution No. 33-2008 s11o.o0 s113.00 PUBLICATIONS Zoning Map Resolution No. 32-2009 ss.oo Page 64 Resolution No. 33-2008 s1,319.00 s1,240.00 S60.oo Resolution No 27-2011 s1,692.00 s2820.00 No change DEVELOPMENT TMPACT FEES (PLANNING) SERVICE REFERENCE CURRENT FEE NEW FEE Restaurant Hotel Hotel, Extended Stay Office, Warehouse, Manufacturing Retail - commercial Car Rental Commercial Recreation All Other Ord. No. 1739 (2004)s2,s36.00/rsF S831.00/room S807.00/room s3,834.00/TSF 59,333.00/TSF $59,232.00/acre S18,382.00/acre S1,911.00 per p.m. peak hour trip as detailed by traffic study Available on July T,2OL6 Page 65 Fiscal Year 2016-17 Master Fee Schedule The Bavfront Development Fee is charged to all new construction/development within the Bayfront Specific Plan Area on the east side of US 101. One-half of the fee is payable before issuance of a building permit and the balance is payable when certificate of occupancy is requested. Ordinance No. 1739 (2004), as amended, provides for annual adjustment based on the construction cost index published in the Engineering News Record (ENR) as of July 1 of each year. These fees will be included in the City of Burlingame Master Fee Schedule as of July 1, 2016 based on any change in the construction cost index. Bavfront Development Fee Office s10,209.00/TSF Fiscal Year 2016-17 Master Fee Schedule DEVELOPMENT IMPACT FEES (PLANNING) North Burlin game & Rollins Road Develo pment Fees are cha rged to all new construction and development within the North Burlingame/Rollins Road Specific Plan Area. One-half of the fee is payable before issuance of a building permit and the balance is payable when certificate of occupancy is requested. Ordinance No. 1751 (2005) provides for annual adjustment beginning in 2006, based on the construction cost index published in the Engineering News Record (ENR) as of July 1 of each year. These fees will be included in the City of Burlingame Master Fee Schedule as of July 1, 2015 based on any change in the construction cost index. SERVICE REFERENCE CURRENT TEE NEW FEE Rollins Road Area of Benefit El Camino North Area of Benefit Multiple family dwelling or duplex Any use other than multiple familY dwelling or duplex Ord. No. 1751 (2005) Ord. No. 1751 (2005) Ord. No. 17s1 (2005) 50.54 per square foot of building $0.70 per square foot of building Available on of July 1, 2016 Available on of July 1, 20t6 Page 66 North Burlineame & Rollins Road Development Fee $0.54 per sq uare foot of building Available on of July 1, 2016 Fiscal Year 2016-17 Master Fee Schedule The Public Facilities lmpact Fee is a general category of fees based on the uses, number of dwelling units and/or amount of square footage to be located on the property after completion of a development project. The fees are committed to public improvement, public services, and community amenities affected by new development (Resolution 76-2008). No change is being proposed for Fiscal Year 2OL6-t7. The purpose of the fee is established upon approval of a permit for construction or reconstruction, and is intended for improvements in one or more of the following categories: r General Facilities & Equipment o Libraries o Police o Parks & Recreation Single Family Multifamily Office lndustrial Fee per Dwelling Unit Fee per Dwelling Unit Fee per 1,000 sq.ft. of Building Fee per 1,000 sq.ft. of Building Fee per 1,000 sq.ft of Building General 5 2,1s6 s 1,636 s 640 5 930 s 30s Library s 2,383 s 1,41s s 478 s 69s 5 228 Police 5 437 s 2s9 s 102 5 747 Parks s s90 s 118 5 r72 ss6 Traffic/Streets S 1,s73 s 1,10s 5 1,810 s 7,28s 51,146 Fire s 642 S 381 s 248 s 360 s 118 Storm Drainage 5 781 s 391 5 442 5 777 s 628 Total lmpact Fee:s3,838 s1o,3o6 52,s29 Page 67 DEVELOPMENT TMPACT FEES (PIAN NING) . Streets & Traffic o Fire . Storm Drainage commercial s48 s 3s0 s 9,162 S 5,s37 DEVELOPMENT IMPACT FEES (PLANNING) SERVICE REFERENCE CURRENT FEE NEW FEE Resolution 48-2000 549,740.75 ss1,331.4s Page 68 Fiscal Year 2016-17 Master Fee Schedule Burlingame Avenue Parking in Lieu Fees are applicable only to commercial properties within Downtown Burlingame and are collected in those instances where a land-use requires additional parking, but the site cannot physically accommodate additional spaces. The fee is based upon a per- space, or portion thereof that is not being provided on the property. The funds are to remain in the City's Parking fund to help defray the cost of building a City-owned and operated parking structure. Burlinpame Avenue ParkinP in Lieu Fees Fiscal Year 2016-17 Master Fee Schedule POLICE SERVICE REFERENCE CURRENT FEE NEW FEE Vehicle Release Resolution No.32-2009 S86.oo 5140.00 Resolution No.32-2009 $2.00 per page up to 523.50 maximu m No Change Finterprint Rolling Fee Live scan Fee Set by State of California Department of Justice S35.00 plus appropriate State and or Federal processing fee No Change Audio Tapes 547.00 per ta pe $90.00 per tape Videotapes/cD's/Dvo's Resolution No.32-2009 $88.00 per videotape/CD/DVD $90.00 per videotape/ CDl DVD Photographs Resolution No.32-2009 S88.00 per roll $90.00 per roll Clearance Letter s23.oo s2s.oo Repossessed Vehicle Gov't Code I 41612 s1s.00 No Change Bicycle License Resolution No. 31-2003 No Charge No Change Page 69 Police Reports Report Copies Resolution No.32-2009 Resolution No. 32-2009 FiscalYear 2016-17 Master Fee Schedule POLICE REFERENCE CURRENT FEE NEW FEE Preferential Parkins Permits (Residential Permit Parkint Program) Charge for replacement of lost permit Resolution No. 22-2008 (Section 13.36.070) Resolution No. 22-2008 (Section 13.36.070) Resolution No. 22-2008 (Section 13.36.070) ss1.oo Ssr.oo Ssr.oo ss3.00 ss3.oo Ss3.oo Resolution No. 32-2009 Resolution No. 33-2007 Resolution No. 33-2007 S129.00 per hour S124.oo per blood test $69.00 per breath or urine test $62.00 per refused blood test 5208.00 per hour S130.00 per blood test $48.00 per breath or urine test S130.00 Per refused blood test Booking Fees San Mateo County As set by County No Change Security Service (Outside Detail) (minimum charge of four hours) Resolution No. 33-2008 S129.00 per hour Alarm Permits Resolution No. 116-2003 (Secion 10.10.110) 532.00 per year No Change SERVICE lssuance (up to 2 permits for same address) Annual renewal (uP to 2 Permits for same address) Driving Under lnfluence (DUl) Fees Resolution No. 33-2007 S135.00 per hour Page 70 Fiscal Year 2016-17 Master Fee Schedule SERVICE REFERENCE CURRENT FEE NEW FEE False Alarm h r 1 to 2 false alarms 3 to 5 false alarms 6 or more false alarms Any false alarm for which no alarm permit has been issued Resolution No. 116-2003 (Section 10.10.090) Resolution No. 116-2003 (Section 10.10.090) Resolution No. 28-2006 No Charge S50.00 each S100.00 each S50.00 (includes cost of alarm permits) No Change No Change No Change Amusement/Entertainment Permit s102.00 S3so.oo Peddlers and Solicitors Resolution No. 41-2008 (Section 6.24.030) S298.00 for investigation plus fingerprinting fees S87o.oo for investigation plus fingerprinting fees Curb Paintint No Change Ta nnr Salon Application Sale or Transfer Renewal Resolution No. 41-2008 (Section 6.42.t2O\ S162.00 plus fingerprinting fees S108.oo plus fingerprinting fees S573.00 plus fingerprinting fees S4o8.oo plus fingerprinting fees Page 71 POLICE No Change Resolution No. 32-2009 (Sections 6.16.050 & 6.16.090) Resolution No. 33-2007 S55.00 for investigation Resolution No. 41-2008 (Section 6.42.060) Resolution No. 41-2008 (Section 6.42.160) 581.00 plus fingerprinting fees $573.00 plus fingerprinting fees POUCE SERVICE REFERENCE CURRENT FEE NEW FEE Massag e Operator Application Sale or Transfer Renewal Resolution No. 32-2009 (Section 6.40.060) Resolution No. 32-2009 (Section 6.40.120) Resolution No. 32-2009 (Section 6.40.160) 5390.00 plus fingerprinting fees 5329.00 plus fingerprinting fees S200.00 plus fingerprinting fees S741.oo plus fingerprinting fees S741.oo plus fingerprinting fees S463.oo plus fingerprinting fees Massase Practitioner Application Renewal Resolution No. 32-2009 (Section 6.40.160) S378.00 plus fingerprinting fees 5216.00 plus fingerprinting fees $100.00 plus fingerprinting fees M del Escort Servi Application Renewal Resolution No. 41-2008 (Section 6.41.100) Resolution No. 41-2008 (Section 6.41.130) S162.00 plus fingerprinting fees S108.00 plus fingerprinting fees 581.00 plus fingerprinting fees S630.00 plus fingerp rinting fees $630.00 plus fingerprinting fees 5445.oo plus fingerprinting fees Renewal Resolution No. 41-2008 (Section 6.44.050) Resolution No. 41-2008 (Section 6.44.080) S162.00 plus fingerprinting fees $81.00 plus fingerprinting fees $789.00 plus fingerprinting fees PaEe ?2 Fiscal Year 2016-17 Master Fee Schedule Resolution No. 32-2009 (Section 6.40.060) S200.00 plus fingerprinting fees Sale or Transfer Resolution No. 41-2008 (Section 6.41.040) Private Patrol Companv Application 552o.oo plus fingerprinting fees Fiscal Year 2016-17 Master Fee Schedule POLICE SERVICE REFERENCE CURRENT FEE NEW FEE Taxi Operator Application Section 6.36.050 Section 6.36.190 541.00 plus fingerprinting fees S24.00 plus fingerprinting fees Business license fee plus fingerprinting fee Taxi Driver Application Section 6.36.050 Section 6.36.190 S66.00 plus fingerprinting fees S60.00 plus fingerprinting fees No Change No Change Taxicab Annual lnspection Section 6.36.120 S74.00 per vehicle No Change Valet Parking Resolution No. 41-2008 (Section 6.30.040) S603.00 plus fingerprinting fees Concealed WeaPon Resolution No. 32-2009 S226.00 for investigation S1,o25.oo for investigation Fortune Teller S592.00 plus fingerprinting fees Unruly Gathering Section 10.70.070 Cost of Hours of Officer Response No Change Page 73 Renewal Business license fee plus fingerprinting fee Renewal $162.00 plus fingerprinting fees Resolution No. 41-2008 (Set by Section 6.38.060) $162.00 plus fingerprinting fees Fiscal Year 2016-17 Master Fee Schedule POLICE SERVICE REFERENCE CURRENT FEE NEW FEE Application and Permit Sidewalk Closure Road Closure Resolution No. 32-2009 S381.00/day City facility fee plus hourly rate for security service and equipment usaSe No longer charge; fees restructu red s100.00 S100.00 per parcel/per day S200.00 per parcel/per day Verifi cation of non-resident "proof-of-correction" citations Resolution No. 90-2009 No Charge No Charge P age 74 Special Events & Street Closing Permit Fiscal Year 2016-17 Master Fee Schedule SEWER SERVICE REFERENCE CURRENT FEE NEW FEE Single-family and Duplex Section 15.08.020 S258.00/unit Fee updated based on Engineering News Record CPI as of IlLh5 S245.00/unit Fee updated based on Engineering News Record CPI as of 7/tlt6 Multi-family Section 15.08.020 s197.00/unit Fee updated based on Engineering News Record CPt as oI tl]-hs Commercial/Retail Section 15.08.020 5412.00/thousand square feet (rSF) Fee updated based on Engineering News Record CPI as of Lll/15 S391.00/thousand square feet (TSF) Fee updated based on Engineering News Record CPI as of urlL6 Office Section 15.08.020 s89.00/rsF Fee updated based on Engineering News Record CPI as ol !/l/I5 s8s.oo/rsF Fee updated based on Engineering News Record CPI as of r/t/16 Warehouse s109.00/rsF Fee updated based on Engineering News Record CPI as of llLlL6 Page 75 SEWER CONNECTION FEES s187.00/unit Fee updated based on Engineering News Record CPI as of 7/7/76 Section 15.08.020 s11s.00/rsF Fee updated based on Engineering News Record CPI as of 7/L/r5 Fiscal Year 2016-17 Master Fee Schedule SEWER SERVICE REFERENCE CURRENT FEE NEW FEE Resta urant Section 15.08.020 s1,o2o.0o/TSF Fee updated based on Engineering News Record CPI as of 1/1/15 s967.00/TSF Fee updated based on Engineering News Record CPI as of t/th6 Hotel with Restaurant S651.00/room Fee updated based on Engineering News Record CPI as ol Lltl1s 56t7.oo/room Fee updated based on Engineering News Record CPI as of 7/Llt6 Hotel without Restaurant Section 15.08.020 S402.00/room Fee u pdated based on Engineering News Record CPt as of rll/15 S381.00/room Fee updated based on Engineering News Record CPI as of 7l7lL6 INDUST RIAI WASTE DISCHARGE FEES The fee covers two (2) samples; additional samples charged according to the Analytical Processing Fee Schedule below. [ight Discharger, Annual Ord. No. 1786 (2006) s606.00 No change Moderate Discharger, Annual Ord. No. 1785 (2006) S1,66o.oo No change Heavy Discharger, Annual Ord. No. 1786 (2006) s2,318.00 No change Page 76 Section 15.08.020 Fiscal Year 2016-17 Master Fee Schedule SEWER SERVICE REFERENCE CURRENT FEE NEW FEE Non-Conventional Discharger, Annual Ord. No. 1786 (2006) S1,239.00 No change Groundwater Discharger Ord. No. 1786 (2006) N o n-conventio n a I Fee plus $6.98 per 1000 gallons discharged No change s160.00 No change ANALYTICAL FEES ln-house Testing Ord. No. 1786 (2006) Cost No change Contract Lab Testing Cost p lus 15%No change Single-family or duplex Ord. No. t844-2OlO Section 15.08.070 (Effective 7/L/2OL2l $12.25 per thousand gallons; if less than thousand gallons, then S18.86 No change Multi-family residential Ord. No. 1844-2OLO Section 15.08.070 (Effective L/L/20t2l S11.45 per thousand gallons No change Ord. No. I844-2OLO Section 15.08.070 (Effective 1/U2OLZ\ 532.59 per thousand gallons No change Page 77 Application Processing Fee Ord. No. 1786 (2006) Ord. No. 1786 (2006) BIMONTHLY SEWER SERVICE CHARGES Restaurant, other commercial food-related uses Fiscal Year 2016-17 Master Fee Schedule SEWER SERVICE REFERENCE CURRENT FEE Ord. No. L844-2O7O Section 15.08.070 (Effective L/Ll2ol2l $21.97 per thousand gallons No change Light strength commercial Ord. No. 1844-2010 Section 15.08.070 (Effective 7lll2or2l 513.53 per thousa nd gallons No change lnstitutional Ord. No. 7844-2OtO Section 15.08.070 (Effective 7lL/2012l 54.80 per thousand gallons No change NEW CUSTOMERS IN SIN GLE.FAMILY O R DUPLEX CLASSIFICATION Number of Residents 1 2 3 4 5 6 1 8 9 or more Section 15.08.072 (Effective L/Ll2OL2l s47.63 Ss9.26 s72.s2 s8s.78 597.94 S101.44 s110.30 s128.46 s1so.60 No change Page 78 NEW FEE Heavy strength commercial Fiscal Year 2016-17 Master Fee Schedule SERVICE RETERENCE CURRENT FEE NEW FEE 5/8" and 3/4" meter S41.80 No change 1" meter Ord. No. 1880 (2012)s71.08 No change 1 - %" meter Ord. No. 1880 (2012)s138.00 No change 2" meter Ord. No. 1880 (2012)5227.62 No change 3" meter Ord. No. 1880 (2012)s418.17 No change 4" meter S698.34 6" meter s1,392.49 No change S" meter Ord. No. 1880 (2012)52,228.84 No change Within the City Ord. No. 1880 (2012)$9.09 per thousand gallons No change Outside the City Ord. No. 1880 (2012)No change Page79 WATER Water fees are set via a three year rate-setting cycle with an effective date of January 1. The following rates are effective January 1, 2015. MONTHLY CHARGE FOR METERS Ord. No. 1880 (2012) Ord. No. 1880 (2012)No change Ord. No. 1880 (2012) WATER CONSUMPTION S10.13 per thousand gallons A Fiscal Year 2016-17 Master Fee Schedule WATER SERVICE REFERENCE CURRENT FEE NEW FEE Water Service Turn-On 8 a.m. to 3:15 p.m., Monday thru Friday 3:31 p.m. to 7:59 a.m., Monday thru Friday Saturday/Sunday/Holiday Ord. No. 1880 (2012) No Charge S2o.oo s6o.oo No change No change No change Penalty Fee (Past Due) Not paid within 30 days of billing Ord. No. 1880 (2012)1.5% penalty No change Service Renewal 8 a.m. to 3:15 p.m., Monday thru Friday 3:16 p.m. to 3:30 p.m., Monday thru Friday 3:31 p.m. to 4:50 p.m., Monday thru Friday Ord. No. 1880 (2012)s3s.oo s4s.00 s6o.oo No change No change No change Page 80 3:15 p.m. to 3:30 p.m., Monday thru Friday s6o.oo No change Fiscal Year 2016-17 Master Fee Schedule WATER SERVICE REFERENCE CURRENT FEE NEW FEE Maintenance of Water in Fire Protection System Ord. No. 1880 (2012) $1.00 per month per inch of pipe diameter, with S2.00 minimum charge No change Flow Test 5/S" throuth 1" l-%" and 2" Over 2" Ord. No. 1880 (2012)Sso.oo s8o.oo S100.00 minimum (if over S100.00, cost of testing plus 15%) No change No change No change ord. No. 1880 (2012)No change Water Service Turn-on DePosit if Delinquent on CitY Water Account in Previous 12 months Ord. No. 1880 (2012)550.00 or 2 months estimated consumption, whichever is greater No change Work on City Water System ord. No. 1880 (2012)S60.00 permit S1,500.00 bond or deposit No change Page 81 Temporary Water Service Meter charges (does not include water consumption) s750.00 deposit 543.00 per month for f-inch meter S85.00 per month for three-inch meters WATER SERVICE REFERENCE CURRENT FEE NEW FEE Section 15.04.030 $242.00 per hydrant No change 5/8" bypass meter 3/4" service with meter 1" service with meter 1-%"servicewithmeter 2" service with meter lf larger than 2" or a length of more than 60 feet Ord. No. 1805 (2007) Ord. No. 1805 (2007) Ord. No. 1805 (2007) Ord. No. 1805 (2007) Ord. No. 1805 (2007) Ord. No. 1805 (2006) s4,1oo.0o s4,13s.00 ss,280.00 ss,420.oo Cost plus 15% No change No change No change No change No change No change Met er Uograde To 3/4" meter or 1" meter (meter only) Ord. No. 1805 (2007)s2s4.00 No change Page 82 Fiscal Year 2016-17 Master Fee Schedule Fire Flow Test Water Line lnstallation S3so.oo Fiscal Year 2016-17 Master Fee Schedule The City's agreement with San Mateo County requires that animal control fees reflect the fees adopted by the Board of Supervisors or that the difference in fees be paid by the City if the City's fees are less (S.M.C Ordinance No. 04628, approved July 24, 2O1.2l. These fees are included in the City of Burlingame Master Fee Schedule, subject to changes based on any future action by the County of San Mateo. The following are current fees as of July 1, 2015: s s0.00 s14s.00 S 18.00 S s4.oo s 15.00 s 4s.00 s 7.oo s 21.00 1-year license 3-year license 1-year license with senior discount 3-year license with senior discount 1-year license 3-year license 1-year license with senior discount 3-year license with senior discount l-year license 3-year license 1-year license with senior discount 3-year license with senior discount Altered Cat: Altered d oE and Wolf-Hvbrid: Miscellaneous Fees (Doe/Wolf-Hvbrid): Unaltered Cat: Late Penalty Duplicate tat Page 83 COUNTY FEES - ANIMAL CONTROL s 2o.oo S ss.oo $ g.oo s 23.00 s 2o.oo S 8.oo s 7.00 s 17.s0 S s.oo s 11.2s Unaltered dog: l-year license (which includes a $1.00 surcharge on all licenses for the Animal Population Trust Fund) 3-year license l-year license with senior discount 3-year license with senior discount Fiscal Year 2016-17 Master Fee Schedule COUNTY FEES - ANIMAL CONTROL Redempt ion Charges: Type A & B (large or medium animals - horses, cows, hogs, sheep, etc.) lmpound Cost Board Cost per Day Transportation Cost (per animall Trailering Cost (per use! Type C (dogs, wolf hybrids, cats) - Altered lmpound Cost: First Offense, licensed & wearing tag First Offense, unlicensed & no tag Second Offense Third Offense Fourth Offense Fifth Offense Type C (dogs, wolf hybrids, cats)-Unal red lmpound Cost: First Offense, licensed & wearing tag First Offense, unlicensed & no tat Second Offense Third Offense Fourth Offense Fifth Offense S 7.oo S s.oo s 12s.00 s 2s.oo s 7o.oo S 7o.oo s 5o.oo s 80.00 s 120.00 s 1s0.00 s 210.00 s 2ss.00 Page 84 Miscellaneous Fees (Catsl: Late Penalty Duplicate tag s 4o.oo S so.oo $ go.oo s 13s.00 s 180.00 s 22s.00 Fiscal Year 2016-17 Master Fee Schedule COUNTY FEES . ANIMAL CONTROL Board Cha (Per Dav): Dogs/wolf hybrids Altered Dogs/wolf hybrids Unaltered Cats Altered Cats Unaltered Tvpe D (small-sized an lma ls-birds, hamsters, etc.l lmpound Cost Board Cost Per DaY Quarantine Fee Dangerous Animal P€rmit tee Field Return Fee Property lnspection Fee Breeding Permit Fee Fancier Permit Fee (and/or exotic pet fee) Return Check Fee Records Request Fee *The Division of Animal Control may establish license discounts for recognized animal rescue organizations and adoption discounts for senior citizens. S 2o.oo s 2s.oo s 16.00 s 19.00 s 4o.oo s 13.00 s 2s.oo $ 0.20 per page Surrender Euthanasia DOA Disposal s 50.00 s s0.00 s 3o.oo s 60.00 s s0.00 S 3o.oo S so.oo s 40.00 S 3o.oo S 3o.oo s 1s.00 S 22.00 s 2s.00 s 2s.00 s 2s.00 s 60.00 s 100.00 s 100.00 Page 85 Surrender, Euthanasia and Dead on Arrival Disposal Fees: Dog/Cat Rabbit/Small Animal litter of three or more Bird/Fowl All Exotic Animals Farm Animal s so.oo s 250.00 $ ss.oo s 100.00 S so.oo s 100.00 20ls FULL COST OF SERVICES (usER FEE) STUDY for FINAL REPORT CITY BURLINGAME CA t. I FORN I A March 30,2016 WOHLFORD CONSULTING 372 Florin Road, #293 Sacramento, CA 95831 (916) 205-70s0 chad@wohlfordconsultinq.com ) ri POR,/ITE D ITHIS PACE INTENTIONALLY LEFT BLANK] TABLE OF CONTENTS EXECUTIVE SUMMARY PROJECTBACKGROTND 2 LOCAL GOVERNMENT USER FEE ISSUES Basic User Fee Principles 7 PROJECT APPROACH AND METHODOLOGY FINDINGS AND RESULTS l6 Results for Engineering...............24 .26 I 9 llohlford Consulting March l0- 2016 fl\B 2015 FuIl Cost of Services (User Fee) Study FINAL REPORT 4 2015 Full Cost of Services (User Fee) Study FINAL REPORT TABLE OF CONTENTS (continu Potential Implementation Strategies...............41 Future Updates ........44 Thank You to Cilv Staff ........47 CONCLUSION 47 Appendix l: Appendix 2: Appendix 3: Appendix 4: Appendix 5: Cost Results for Planning Cost Results for Building Cost Results for Engineering Cost Results for Police Cost Results for Parks and Recreation ll/ohlfurd Consulting N'tarch 30. 2016 ,Gg OTIIER ISSUES AND INFORMATION 35 Fee Setting Considerations........ ....................35 Fee Comparison Issues ................ ..................37 APPENDICES I ftB 2015 Futl Cost of Services (User Fee) Study FINAL REPORT EXECUTIVE SUMMARY The City of Burlingame engaged Wohlford Consulting to conduct an analysis of the full costs incurred by the City in support of a range of activities for which the City charges user fees. In order to ensure accuracy and establish a clear nexus between the cost of those services and the fees, the study utilized a unit cost build-up methodology to identifu the full cost for individual fee activities. By projecting an estimated average annual volume for each fee activity, the study also identified the annual cost of the services and the potential annual revenue for the fee activities at full cost levels. The following table shows a summary of the results: Summary Results FEE SERVICE ARf,A FULL COST: Annusl Cost of Fea-Related Services PROJECTED REVENTJE AT CI'RRENT FEES PROJECTED SURPLUS / (DEFICIT) PROJECTED cosr RECOVERY RATE Planning $ 731,000 $ 287,000 $ (444,000)39% Building $ 470,000 $ 176,000 $ (294,000) Engineering $ 702,000 $ 169,000 $ (s33,000)24o/o Police $ 1,070,000 $ (883,000)t7% Recreation & Parks $ 3,741,000 $ 2,82s,000 $ (916,000)7 60/o TOTALS:$ 6,714,000 $ 3,644,000 $ (3,070,000)54V" The current cost of City fee activities included in this study is approximately $6.7 million annually. Given the current fee levels charged by the City, the potential annual revenue (assuming a consistent activity level) is $3.6 million, which represents a current annual fund deficit oiapproximately $3.1 million and a cost-recovery ratio of 54%o overall. In other words, if the City sei -fee levels ai the full cost ofeach service, (100% cost-recovery) the City could collect an additional 53.0 million in revenue from fee activities each year. The reality of the local govemment fee environment, however, is that significant increases to achieve ld0% cost recovery in a single year are often not feasible or desirable. In addition, some of the "fee" activities, while technically possible to establish as full cost fees, are likely not feasible to charge full cost (e.g., appeals to City Council). In recognition of this situation, City staffwill develJp a series of recommended fees that may result in less than full cost recovery in the first year. Arurual revenue from the recommended fees, and the actual cost-recovery ratio' will not 6e known until City staff prepares their analyses and submits recommendations to the City Council. The details behind these summary figures are in the body and appendices of this report. The appendices present the fees at full cost and indicate potential annual revenues for each fee category. lYohlford Consulting Page I of48 March 30,2016 $ 187,000 Aw 2015 Full Cost of Services (User Fee) Study FINAL REPORT PROJECT BACKGROUND Purpose and Intent In its effort to manage resources wisely and meet service demands, the City of Burlingame utilizes a variety oftools to ensure that it has the best information to make good decisions, fairly and legitimately set fees, affect revenues, maintain compliance with state law and local policies, and meet the needs of the City administration and the public. Given the limitations on raising revenue in local govemment, the City believes that a Cost of Service Study (Study) is the most effective way to understand the costs of its services and identifo potential fee changes and revenue impacts. A quality Cost of Service Study is much more than a method to identifu the cost of service and potential fee increases. This type of analysis can also become a management tool, providing information and perspectives that can help the City better understand its operations and financial circumstances. Other important outcomes from the study processes and results include the ability to: o Calculate specific fee subsidies and overall revenue impacts of current and potential fees; . Identi& new fees and cost recovery strategies; . Enhance intemal understanding ofprogram operations and support activities; o Allow the City to compare its costs with neighboring jurisdictions; o Quantiff productivity and staffrng shortages; . Measure the distribution of staff effort of specific positions to individual tasks and service areas, which can help managers more effectively prioritize work tasks; o Ensure that the City's fees are consistent with state law; o Ensure Crty fees are defensible to the public, interest groups, and the courts; and . Foster a better understanding of workflow and staff involvement in specific services and activities. The principal goal of the Study is to determine the full cost of the development-related services provided by the City. Other objectives of the project included: r' Establish objective and transparent fee information r' Develop insight and a rational basis for setting fees r' Understand individual fee subsidies and overall funding deficits / Balance revenuesr' Understand the context and principles of user fees / Improve faimess and equityy' Ensure compliance with state law Wohlford Consulting Page 2 of 48 March 30,2016 ^lE'2015 Full Cost of Sen'ices (User Fee) Study FINAL REPORT Scope of the Study The Study's scope included a review and calculation of user fees charged by the following departments: o CommunityDevelopmentDepartment o Planning o Building o Public Works Department o Engineering o Police Department o Parks and Recreation Department The Study focused on the cost of City services at anticipated service and staffing levels. This study was not a management study intended to identifu, evaluate, or quantifu potential cost savings opportunities, efficiency and effectiveness improvements, performance or productivity, staffrng or organizational structure, process changes, risk mitigation, or other factors that could later influence operating practices and the cost of the services. The analysis did not seek to compare the service levels, fee structures, quality, or operating practices of Burlingame to other cities. This study also did not address potential economic or social impacts of possible fee increases on the community. Purpose of the Report This report presents a summary ofthe study results and a general description ofthe approach and methods used to determine the cost of services. Some issues are presented as background for the results and the study processes. However, the report is not intended to document all ofthe issues and discussions involved with the study, nor is it intended to provide persuasive discourse on the relative merits of the tools, techniques, methods, or other approaches used in the study. The main source of detailed information from this study is the series of worksheets and workbooks that contain the source data and calculations that lead to the final results. Wohlfurd Consulting Page 3 of48 March 30,2016 About Wohlford Consulting The consultant for this study, chad wohlford, has over 28 years of experience analyzing and managing govemment costs and operations, including 12 years of direct govemment management and analyical service. He has personally engaged in over 240 cost analysis studies with more than 70 different government clients (many of them for multiple projects) in califomia and six other westem states. Before forming l{ohlfurd Consulting, Mr. wohlford was the state director ofthe cost services practice for a large national consulting corporation. *E 2015 Full Cost of Services (User Fee) Study FINAL REPORT LOCAL GOVERNMENT USER FEE ISSUES User Fees Defined A User Fee is: A fee or rate charged to an individual or group that receives a private benefit from services provided by the City. The defining principle behind a user fee is the nature of the individual or pivate beneht that results from the service for which the fee is charged. With the inflexibility and categorical requirements of many funding sources, taxes (as embodied by the General Fund) are generally levied and used to pay for services that benefit the public as a whole (i.e., community benefit). Of course, a number of gray areas exist to complicate the specific categorization of charges, since many services that appear to benefit a single group may have secondary benefits to others. It is the prerogative ofthe City Council or other goveming body to determine the final fee levels that reflect the local policies and intent regarding cost recovery and subsidies. A qpe of local government fees that is similar in nature, but otherwise separated from, user fees is utility rates. Utility rates seek to recover for the usage of a particular commodity provided by the govemment agency, such as water or sewage treatment. In contrast, the traditional user fees addressed in this Study relate to services for which employee time is the most prominent feature of the service and regulatory approval is the normal product of the transaction. Background As part of an overall funding strategy, local govemment relies upon user fees to fund programs and services that provide limited or no direct benefit to the community as a whole' With rising demands for services and restrictions on most other funding sources, cities have increased scrutiny of subsidies provided by the General Fund to other funds and to service recipients that reap a disproportionate share of the benefits. To the extent that the government uses general tax monies (General Fund) to provide an individual with a private benefit and not require the individuat to pay the cost of the service (and, therefore, receive a subsidy), the govemment is unable to use those resourcss to provide benefits to the community as a whole. In effect, then, the govemment is using community funds to pay for a private benefit. Unlike other revenue sources, cities have greater control over the amount ofuser fees they charge to recover costs. ll/ohlford Consulting Page 4 of48 March 30, 2016 Another common type of fees in local government is Development Impact Fees (DIF or AB 1600 fees). These fees are often confused with user fees, since DIF's are authorized by some of the same state statutes and also relate to development. However, DIFs are intended to recover the cost for additional infraskuctue that becomes necessary due to new development. The fees collected for development impacts can only be used for capital projects-not ongoing operations. User fees are intended to fund the current operations of the departments that provide the services. &w 2015 Full Cost of Services (User Fee) Study FINAL REPORT Impetus for User Fees and Increased Scrutiny Prior to Proposition 13, Califomia cities were not as concemed as they are today with potential subsidies and recovering the cost of their services from individual fee payers. In times of fiscal shortages, cities could raise property taxes, which funded everything from police and recreation to development-related services. However, this situation changed with the passage of Proposition 13 in 1978. Proposition 13 ushered in the era of revenue limitation in California local govemment. In subsequent years, the state saw a series of additional limitations to local govemment revenues. Proposition 4 (1979) defined the difference between a tax and a fee: a fee can be no greater than the cost of providing the service; and Proposition 218 (1996) further limited the imposition of taxes for certain classes of fees. As a result, cities were required to secure a supermajority vote in order to enact or increase taxes. Since significant resistance usually emerges to any efforts to raise local govemment taxes, cities have little control and very few successful options for new revenues. To compound the revenue problems faced by local govemment, the state of Califomia took a series of actions in the 1990's and 2000's to improve the state's fiscal situation at the expense of local govemment. The "Educational Revenue Augmentation Fund" (ERAF) take-away of property taxes and the reduction of Vehicle License Fees severely reduced local tax revenues. Cities (and counties) faced sigrrificant funding troubles in the face of rising and sometimes uncontrollable costs, increased citizen demands, and continued imposition of state mandates. The flexibility of local govemment budgets to address their own priorities was hampered by categorical grants, earmarked funds, mandates, maintenance of effort requirements, and funding match requtements. As expected, cities and counties sought relief. To cope with the funding shortages, local government was forced to enact service reductions, seek reimbursement from the state for more and more mandated services (SB 90 Mandated Cost Reimbursement), and impose a wider range and higher levels of user fees and impact fees. In tum, to placate local govemment and transfer some control and responsibility, the state delegated more authority to charge user fees. The state also codified limitations to user fee levels and administration and put more ofthe responsibility and liability for user fees to the local level. With $eater need and authority to charge fees, many local governments took to the concept readily and enacted new and increased fees. After a series of real and/or perceived abuses, a focused and influential user fee backlash occurred in the mid-1990's that requted further clarihcation and limitation ofuser fee practices. Special interest groups challenged the fees in a number of cities and counties, resulting in a series of lawsuits, special studies, and formal opinions from the California Attomey General (1995) and Legislative Counsel of Califomia (1ee7). The end result ofall ofthese user fee actions is an environment ofsignificant scrutiny ofany and all fee actions. Local govemment has been forced to pay greater attention to the methods and lYohlford Consulting Page 5 of48 March 30,2016 ^g 2015 Full Cost of Services (User Fee) Study FINAL REPORT Most Recent C se Pronosition 26 In 2010 the trend to limit fee progression continued when Califomia voters approved Proposition 26. This measure attempted to further define and clarifu which local government charges are to be considered taxes (subject to public vote) and which are fees (subject only to city council or board of supervisors approval). In summary, the measure established that any "levy, charge, or exaction of any kind imposed by a local govemment" is a tax, unless it falls into one of seven categories (exceptions): (1) A charge imposed for a specific benefit confened or privilege granted directly to the payor that is not provided to those not charged, and which does not exceed the reasonable costs to the local govemment of conferring the benefit or ganting the privilege. (2) A charge imposed for a specific goverrunent service or product provided directly to the payor that is not provided to those not charged, and which does not exceed the reasonable costs to the local government of providing the service or product. (3) A charge imposed for the reasonable regulatory costs to a local govemment for issuing licenses and permits, performing investigations, inspections, and audits, enforcing agricultural marketing orders, and the administrative enforcement and adjudication thereofl (4) A charge imposed for entrance to or use of local govemment property or the purchase rental or lease of local govemment property. (5) A frne, penalty, or other monetary charge imposed by the judicial branch of government or a local govemment as a result of a violation of law, including late payment fees, fees imposed under administrative citation ordinances, parking violations, etc. (6) A charge imposed as a condition of property development. (7) Assessments and property related fees imposed in accordance with the provisions of Article XIII D (Proposition 218). ll/ohlfurd Consulting Page 6 of48 March 30,2016 bases for new fees, since they can be readily challenged. The focus of fee-setting decisions has shifted from the revenue needs to the actual cost of the services provided. "Pay to play" principles have become more prominent as a way to ensure equity and faimess for all citizens. In addition, the issue of subsidies has come to the forefront, since it has become less tolerable to use general taxpayer funds to subsidize the private activities and profits of developers (for example) and other individual beneficiaries of city services-at the expense of more public safety and social services. ^g 2015 Full Cost of Services (User Fee) Study FINAL REPORT According to analyses by the League of Califurnia Cities, the "vast majority of.fees that cities would seek to adopt wili most lik;ly fall into one or more of these exemptions."r As a specific example, also according to this analysis, "most fees culre-ntly imposed by local planning and building departments will be exanpt from Proposition 26"' under exception numbers one, two, three or six. As a cost of services study, this analysis sought to evaluate the cost of a wide range of services and activities conducted by the various departrnents regardless of whether the services are associated with specific fees. While this study includes cost analysis of services that could be considered for fee adoptions, it does not, in and of itself, establish fees or fee levels for the City of Burlingame, which is the purview of the City Council. If recommended fees are provided in the study, the types of fees and charges that are likely to be considered "taxes" under Proposition 26 are normally and intentionally excluded. (Note: In rare instances where a recommendation would be provided to set a cost recovery level for a service considered a "tax" under Proposition 26 definitions, the recommendation assumes that the City will implement those taxes in compliance with state law. There ate no such instances in this srudy for the City of Burlingame.) While the study evaluates the cost ofmany direct services, including some that are unrecoverable and/or may not ever become recommended fees, the fees likely to be adopted are designed to recover the reasonable cost of providing the service to the individual fee payers. As noted above and as defined in Proposition 26, these fees fall within the definitions of the exceptions. Due to its relatively recent enactment, however, Proposition 26 has not yet been subject to review by the courts, some uncertainties exist regarding its application. Prior to any new fee implementation, it would be prudent for the City's own legal counsel to evaluate the impact of Proposition 26 (and all other related laws) to ensure full compliance with state law. Basic User Fee Principles The definition ofa user fee, the modem environment for their existence and administration, and general public administration concepts all affect a Cost of Service Snrdy. Wohlford Consulting considered a variety of related principles to assist the City of Burlingame in the determination of user fee structures, service costs, and implementation. Under these principles, User Fees should be: Based on the Cost of Services:/ Not arbitrary/ Not unintentionally subsidized/ Not unfairly subsidized Fair and Equitable Consistent with City Goals / Objectives Compliant with State Law Dynamic (for updates & anomalies) I Liingwith Proposition 26 of2010: Many Local Fees Will Fit Within Seven Categoies of Exemptions, November 2010, Page I 2 Proposition 26 Implementation Guide, April 201I, Page 43 ll/ohlford Consulting Page 7 of48 March 30.2016 P-',r,w 2015 Full Cost of Services (User Fee) Study FINAL RJPORT For most ofthe development-related user fees, state law establishes that "...fees may not exceed the estimated reasonable cost of providing the service for which the fee is charged..." (Govemment Code $66014). The "fee" exceptions in Proposition 26 also state that the charge must "not exceed the reasonable costs" to provide the service. This general admonition is the dominating principle in this Cost of Service Study. The methodology, approach, data collection, quality control, and other efforts of the study are intended to establish compliance with this principle. The costs calculated in the study represent the estimated reasonable full cost for each service and, therefore, the maximum fee the City may charge for its services. lYoh$ord Consulting Page 8 of48 March 30, 2016 .F ,iw 2015 Full Cost of Services (User Fee) Study FINAL REPORT PROJECT APPROACH AND METHODOLOGY Conceptual Approach The basic concept of a Cost of Service Study is to determine the full cost of each service provided by the City for which the City charges a user fee. The full cost may not necessarily become the City's fee, but it serves as the objective basis upon which the City can make informed decisions regarding irnal fee levels. In order to determine the full cost for each fee service, the cost analysis incorporates the following "full cost" components: A critical method to ensure full cost recovery rates is to establish annual billabie (productive / available) hours for staff. The Study reduces the full-time annual hours (2,080) for each position classification by non-billable hours, such as holiday, vacation, and sick leave, staff meetings, mandated breaks, and training. In studies conducted by Wohlford Consulting, the typical number of billable hours for the average full-time employee is approximately 1,400 hours per year, but this figure might normally range from 1,200 to 1,500, depending on the type of position. The Burlingame study calculated a billable hour total for each position classification in the study. By using the billable hours, rather than the full 2,080 hours of full-time pay, the Study ensures that hourly rates and the resultant costs reflect the levels necessary to recover the full cost of services in a particular year given the practical availability ofstaffto provide services. The standard fee limitation established in California law for property-related (non-discretionary) fees is the "estimated, reasonable cost" principle. In order to maintain compliance with the letter and spirit of this standard, every major component of the fee study process included a related review. The use of budget frgures and time estimates indicates reliance upon estimates for some data. In other areas, the study includes actual known figures that exceed the estimated, reasonable standard. The key to the defensibility ol the Study, therefore, is a dedication to the reasonableness of the data and results. The quality control measures implemented ensure the Study satisfies the reasonableness standard. The study does not utilize arbitrary data or other information that would not satisfr the estimated/reasonable standard. Wohlford Consulting Page 9 of48 March 30.2016 . Direct Salaries & Benefits o Services and Supplies o Indirect and Support Activities . Supervision and Support o Cross-DepartmentSupport . DeparhnentAdministration . Cit),wide Administration (Cost Allocation Plan) o Facility Use . Capital(arurualized) . Anticipated Growth * € 2015 Full Cost of Services (User Fee) Study FINAL REPORT In those cases where it was possible to establish reasonably consistent time/workload standards for specific services, the analysis develops the cost of the service as a "flat" or "fixed" fee. In addition to providing consistent cost information, this approach is the most common method for developing the full cost of City services. The alternative to fixed fees is to tack actual staff time for every staff member for every service. This approach creates an administrative burden and leaves the City and the fee payer unable to predict the final fee amount. This altemate "real time" billing approach is appropriate, however, when the fee activity varies widely between occurrences and would thus cause fixed fees to be unfair and unreasonable in a significant number ofcases. In those cases where real-time billing is recommended, the City will require a deposit to ensure a minimum fee is received. The Study establishes some fees as "real time" billing charges when necessary @rimarily in the Planning fees) and calculates potential deposit levels based upon staff time estimates for common service levels. The cost figures used as the basis for the study were from the City of Burlingame's FY 2014-15 final approved budget. Summary Steps of the Study The methodology used to determine individual user fee costs is fairly straightforward. This analysis employs a "unit cost build-up" approach to determine the cost of individual services. The approach uses the following factors: Staff time to complete activities and services Direct cost of individual staffpositions (converted to productive hourly rates) Rational distribution of overhead and support costs Multiplying the first two factors (# of hours by hourly rate) identifies the direct cost for each service. By distributing the remaining indirect/overhead costs, the analysis establishes the full cost. The following list provides a summary of the study process steps: Fee Study Process Outline 1. Establish the inventory of fee services (current and potential) 2. Identifu the staffpositions that work on each fee service 3. Calculate the direct productive hourly rate for each position 4. Determine the time necessary for each position to perfonn fee tasks 5 . Calculate the direct cost of the staff time for each fee 6. Distribute indirect and overhead costs to each fee 7. Sub-allocate supporting activities to fee services 8. Perform quality control processes (constant) 9. Calculate revenue impacts 10. Perform the "gap analysis" (unit and total subsidieVdefrcits) I 1. Perfiorm review processes 12. Document and present results ll/ohlford Consulting Page l0 of48 March 30. 2016 &E To ensure a high degree of accuracy and thoroughness for the study, each of these steps in the process involves a rigorous set of subtasks, iterations, reviews, and quality control requtements. Both City staff and the consultant were involved with the performance and,/or review of each of these steps. Simplifted Unit Cost Calculation ( hy p ot heti c a I exam p le) The above table of hypothetical data indicates that Fee #l takes staff a total of four hours to complete the necessary services, so at $100 per hour, the direct staff cost is $400 per unit. The addition of S50 for indirect and overhead costs brings the total unit cost to $450. With 10 units a year, the total annual cost for the service is $4,500. It is important to note that this simple example indicates only a single position at four hours consumed per unit. The actual time analysis is much more detailed, and includes individual time estimates for each employee who works on each service for which the City charges a fee. By multiplying the unit costs by the annual number of fee activities, the analysis estimates the total annual cost ol the fee-related activities. By using the same annual activity volumes and muttiplying them by current fees, the Study establishes potential cost recovery from current fees. The difference between the two figures is the actual cost-crlrent fee gap. If the current fees are greater than the actual cost, the gap is an over collection or profit. If the full cost is greater than Time to Complete I Activity (hours) x Productive Hourly Rate Full Cost (per Unit of Fee Activity) x Annual Volume of ActiYiry Annual Cost or Potential Annual Revenue Service ("Fee" or Program) / Activity l0FEE #I: 0.5 s 100 $s0 l0Intake I $ 100 $ r00 l0Plan Check $ 2,0002$ 100 $ 200 l0Inspection l0 $ s000.5 $ t00 $50Filing 104s 100 $ 400Salaries & Benefits Totol: $s0 l0 $ s00Indirect Costs $ 450 l0 $ 4,500TOTAL COST IIIII I TI TIII TIIt II T T TIII I T T T TIIIII ll/ohlford Consulting Page l1 of48 March 30, 2016 2015 Full Cost of Services (User Fee) Study FINAL REPORT The following table illustrates the methodology using hypothetical information in a simplified format: s 500 $ 1,000 $ 1,000 *w 2015 Full Cost of Services (User Fee) Study FINAL REPORT the current fees, the gap represents a subsidy, or individual fee deficit. The following table illustrates a simplified example ofa gap analysis: Simplified Annual Deficit/Gap Analysis (hypothetical example) The above table indicates that Fee #1 is cunently subsidized $3,500 per year, while the City is chargrng fee payers $500 more per year than the associated cost for the service represented by Fee #3. Basic Assumptions and Standards The study relied upon a series of underlying assumptions and basic considerations to achieve the results. These issues are described below: Time Estimates:One of the principal building blocks of the cost analysis is the estimate of time that represents City staff workload related to each fee service and/or subordinate activity. The use of staff-provided time estimates was necessary in the absence of actual time data, such as the kind that could be developed through a long-term time and motion study or other more formal methods. If conscientiously considered by qualified staff, time estimates satisry the requirement that a non- discretionary fee must not exceed the "...estimated reasonable cost of providing the service for which the fee is charged..." (GC $ 66014 a). For this Study, Department staff provided time estimates that represent a normal level of effort for each fee activity, as determined by past experience. This data was reviewed by other experienced staff in the organization, in order to utilize other perspectives and experiences and further ensure reasonableness. This approach is "industry standard" for cost of service and user fee analysis. x Current Fee Annual Cost Recovery @ Current Fee Annual Cost Recovery @Full Cost Current Annual @eficit) / Surplus Fee Annual Volume of Activity $ 1,000 $ 4,s00 $ (3,500)Fee #l 10 $ r00 $ 2,000 $ (87s)$7s $ r,r25Fee #2 $ 500$s0 $ 1,000Fee #3 20 $2s $ 62s $ 100 s 525Fee #4 ,< $ 3,750 $ 7,100 $ (3,3s0)Total: I TIII IIIII I T T TI TIIII ll'ohlford Consulting Page l2 of48 March 30, 2016 l5 $ 500 ft €, 2015 Full Cost of Services (User Fee) Study FINAL REPORT Full Cost:The study determines the fuIl cost of services. To this end, the analysis includes all direct costs for the department services, such as the salaries and benefrts ofthe employees who perform the services. The analysis also includes the appropriate distribution of legitimate indirect and overhead costs that support the operations and personnel that perform the services. These costs include general supplies and services, utilities, insurance, facility and equipment costs, technology upgrades, division and department overhead, support from other departments, reserve contributions, annualized capital costs, armualized supporting plan maintenance (e.g., Burlingame General Plan Update), and citywide overhead-all whenever applicable. Citywide overhead is comprised of central servico costs, such as city managsr, finance, city attorney, and human resources, as determined through the City's Cost Allocation Plan (or CAP). These costs are universally accepted as components to be included in service cost (fee) calculations, because the underlying services provide the organizational and operational support necessary for the employees and administrative infrastructure to exist and conduct the fee activities. It is important to note that all of these costs are distributed to the fee- related services, as well as the non-fee-related services. In other words, the costs for fee-related services are not burdened with all of the cost, but only their fair share of the cost. The costs assigned to most direct non-fee services are considered unrecoverable. Non-Fee Seruices:As a fulI cost of service analysis, the study for each division/fee area also calculates the cost of non-fee services. These services include areas such as public information, CIP activities, and support to other City departments, which do not have associated fees. The purpose of including these other services is to ensure the fair and appropriate distribution of overhead and indirect costs to all areas, instead of concentrating these costs only on the fee-related activities. This approach also allows the analysis to distribute staff hours across all activities to ensure a true picture of the utilization of staff time and cost and provide a quality control check. The detailed study results in the appendices indicate whether a summary total includes "All Services" (including non-fee categories) or "Fee Services Only'' (excluding non-fee services). The figures in the body of this report only include the "Fee Services" totals. Sert ice Level Assumptions: The analysis is based upon the City's current organization and business practices. The study assumed continued consistency in the time consumption for each service, as well as future staffrng, quality, productivity, efficiency, and all other qualitative and quantitative standards. The analysis is also based upon a level of service determined by Department management to be the minimum professional standard. The study assumed consistency in the future time consumption for each service, as well as future staffing, quality, productivity, efhciency, and all other qualitative and quantitative standards. ll'ohlford Consulting Page 13 of48 March 30, 2016 /rnB 2015 FuIl Cost of Services (User Fee) Study FINAL REPORT Consistent Ilorkload:Most of the service costs in this study were developed as "flat" or fixed fees. Under this approach, the Study calculates the cost of the services after assuming that all services for a specific fee will require the same workload (time), regardless of the characteristics of the particular fee activity or the applicant. Time estimates that reflect the "typical" level of effort required for a particular fee activity. The flat fee approach ignores the variance in time that may exist from applicant to applicant, due to qualitative or other differences in the applicants themselves or their submitted materials. The overall efficacy of this approach relies upon the assumption that the variances will average out over the course of time, resulting in a consistent and reasonably fair fee for all. A deficit exists when the cost of a particular service is greater than the fee charged and recovered for that service. This deficit creates the need for a subsidy from another funding source, so the use of either term in this report is appropriate for the same meaning. Individual fee subsidies can take different forms. In cases where different size fees within a category are set at different cost-recovery levels, one fee payer may subsidize another for the same type of service. This siruation exists, because the individual fees are not each priced to recover the individual costs of the services (i.e., one payer is overcharged and one is undercharged). In these instances, there is a basic imbalance and/or unfairness between fee payers built into the system. If all fees are set to recover less than full cost, each fee payer receives a subsidy from another funding source, such as the General Fund or another fund balance. The individual fee subsidies add up to an overall annual funding deficit for the Departments. The overall cost of services must be borne by a funding source, so the concept of a subsidy needs to be carefully considered. In local govemment, subsidies are normally covered by General Fund revenues, since most other funding sources are limited in what they can be used to fund. A reliance upon Ceneral Fund revenues to fund private-benefit services, such as building inspections, can create criticism, since it reduces the availability ofthose revenues for other public benefit services, such as public safety. However, subsidies can also reflect positive public policy goals, since they can be used to encourage certain desired activities. This Snrdy identifies existing subsidies for individual fee activities, as well as the resulting annual operating deficits for the affected departrnents. The purpose of the subsidy (gap) analysis is to inform the City regarding current subsidy levels and give City leaders information to help them make informed fee setting and policy decisions. lYohlford Consulting Page 14 of48 March 30, 2016 Subsidy: ^g 2015 Full Cost of Services (User Fee) Study FINAL REPORT Casrs vs Fees:The Study and appendices reference "fees" in titles and descriptions. In the context of the full cost analysis, the terms "cost" and "fees" are interchangeable. The full cost of a service serves as the potential fee until the City has an oppomrnity to review the results and establish new fee levels for implementation. This study does not presume to establish City fees, since the decisions about fee levels are the purview of the City Council and require additional information (e.g., community input, economic impacts, etc.) that was not evaluated as part of this study. Qualilv Control The quality of a cost of service study is dependent on the data that is used for the analysis. All study components are interrelated, so it is critical that the Study utilize good data. To avoid accuracy problems and other quality flaws, the study incorporated a rigorous quality control process with checks at every step in the analysis. The quality control measures ensure that the study covers all of the issues, appropriately accounted for positions and resources in the models, and factors all other data fairly and accurately in the study. The elements of the quality control process used for the User Fee calculations include: Quality Control Steps / Initiatives / Involvement of knowledgeable City staff and managers / Clear instructions and guidance to City staff and managersy' Process checklists / Reasonableness tests and validation Normalcy/expectation ranges (data inputs and results) Challenge and questioning Lltilization of staff hours FTE balancing Internal and extemal reviews Cross-checking lVohlford Consulting Page l5 of48 March 30.2016 *E 2015 Full Cost of Services (User Fee) Study FINAL REPORT FINDINGS AND RESULTS Summary In a cost of service (user fee) analysis, the principal output and findings are the full cost figures for the fee activities. The process for development of recommended fee levels for consideration by the City Council will occur later. The appendices show unit fees individually by fee type: Planning, Building, Engineering, Police, and Recreatior/Parks. In order to put the results in context, the analysis also extrapolated the unit fees into a one-year period, which indicates the potential revenue impacts to the City and individual departments. The current cost of City fee activities included in this study is approximately $6.7 million annually. Given the current fee levels charged by the City, the potential annual revenue (assuming a consistent activity level) is $3.6 million, which represents a current annual fund deficit of approximately $3.1 million and a cost-recovery ratio of 54o/o overall. In other words, if the City set fee levels at the full cost ofeach service, (100% cost-recovery) the City could collect an additional $3.1 million in revenue from fee activities each year. The following table illustrates these results FEE.{RE.{ FULL COST: Annual Cost of Fee-Related Services PROJECTED RE\'ENUE AT CURRENT FEES PROJECTED SURPLUS / (DEFICIT) PROJECTED cosT R.ECOVERY RATE Planning S 73 I 0 00 $ 287,000 s (444,000)39% Building $ 470,000 $ 176,000 s (294,000)37o/o Engineering $ 702,000 $ 169,000 $ (533,000)24o/o Police $ 1,070,000 $ 187,000 $ (883,000)17o/o $ 3,741,000 $ 2,82s,000 $ (916,000)76% TOTALS:$ 6,714,000 $ 3,644,000 $ (3,070,000)54Yo It should be noted that the full cost figures presented in the table reflect only the total annual cost of the fee-related activities included in this sutdy. Each Departrnent or Division also has a number of non-fee activities that are not included in this table. Therefore, the table's focused cost figures will not match any budgets or other financial documents that include every component ofthe Departrnents or Divisions. As the table shows, each Department has a current annual funding deficit. Without fee increases, the General Fund will need to offset the cost versus fee revenue gap by approximately $3.1 million annually. ll/ohford Consulting Page 16 of48 March 30,2016 Summary Results Recreation & Parks l€!e;rw 2015 Full Cost of Services (User Fee) Study FINAL REPORT Another way to view these results is to consider the funding sources for the full cost of fee- related activities. In the following graph, the bottom portion of each department indicates the amount ofthe fees funded by current fees, and the upper portion represents the funding provided by the General Fund. Current Funding Sources of Fee Services s4,000,000 s3,s00,00o s3,000,000 52,s00,000 s2,000,000 s1,s00,000 s1,000,000 ss00,000 s- \ GENERAL FUND SUBSIDY I PROJECTED REVENUE FROM CURRENT FEES *".& -"t* ^c ,."" q-o- The appendices contain the unit cost and summary results for each fee area. To produce the results, the Study utilized a collection of analyical models and worksheets that calculate and document the cost of fee activities. Versions of these worksheets in pdf and/or Excel format comprise the background documentation ofthe study and were provided separately to the City. Definition of Results The results of this Study reflect the full cosl of fee-related services provided by the City. The results are not necessarily the fees that the City will charge. The City Council has the authority and responsibility to set the fee levels following receipt of staff recommendations, public meetings, and deliberations. Potential Cost Increases from Prior Studies and Fee-Setting The cost analysis identifies significant gaps (deficits) between the full cost of individual servtces (as calculated in the Study) and almost all current fees for those services. lYoh$ord Consulting Page l7 of48 March 30, 2016 *S"-"'i"-."f AE The City of Burlingame has enacted fee changes in the past, primarily based upon inllationary (CPI) increases, but it has been more than eight years since the most recent fee or cost analysis was performed. Even if the City established user fees ^t l00yo of full cost identified in a previous study, and regularly applied an inflation factor, there are a variety of reasons why the cost calculations in this study would identift significant gaps between the current fees and full cost recovery. ffis snrdy did not attempt to evaluate and quantify factors that resulted in the gap, but common variables include: o Current fees may not have been previously set at full cost (policy decisions). o Increases in per-unit workload (i.e., time required to complete tasks) due to new codes and regulations that add complexity and additional required checks and services to tasks (e.g., AB 1881 Landscaping Requirements, stormwater permits, etc.). o Increases in City costs that exceed inllationary measures (e.g., Consumer Price Index) such as: o Employee salaries (COLA's, step increases) o Employee benefits (PERS, healthcare) o Services and supplies (electricity, fuel, insurance) o Citywide overhead costs (Cost Allocation Plan results) r Inclusion ofnew costs not in existence or identified in the previous study, such as: o Intemal administrative and supervision costs (department and division overhead) o Annualized capital or asset replacement costs o Cross-departrnent support costs o Support functions authorized to be included in user fees (e.g., code enforcement costs in building and plaruring fees; general plan update costs) . Changes in technology and/or business processes r Improved analyical methodologies with enhanced rigor and comprehensiveness . Improved recognition of the role and treatment of productive / billable hours factors (direct vs. indirect work hours) o Potential decreases due to strear ining/expenditure reductions Considerations Concerning Recommended Fees If the City's primary goal is to maximize cost recovery from user fees, Wohlford Consulting would recommend setting user fees at 100% of the full cost identified in the study, with few exceptioos. This approach would reduce the burden on external funding sources. This position reflects a philosophy that fee payers should pay the full share for the services they consume from the city for their private benelit. Maximizing cost recovery may not be the only goal of a cost of service study, however, and sometimes full-cost recovery is not needed, desired, or appropriate. Other City and department goals, City Council priorities, policy initiatives, past experience, implementation issues, community expectations, and other intemal and extemal factors may influence staff recommendations and City Council decisions. Wohlford Consulting March 30.2016 2015 Futl Cost of Services (User Fee) Study FINAL REPORT Page 18 of48 &w 2015 Full Cost of Services (User Fee) Study FINAL REPORT In recognition of these other issues, staff will work to develop recommended fees that address the City's current needs. Wohlford Consulting anticipates that the City Council may provide further direction to staff regarding acceptable fee levels. In the meantime, the cost recovery results shown in the Study are based upon full cost calculations and do not reflect any specific or general fee recommendations provided by Wohlford Consulting. Limitations for Use of Revenue Results The annual results are based upon an estimated annual volume of activity. The purpose of these total figures is to provide a sense of scale that puts the fund deficit and other results in context. These figures are not perfect, since a number of variables will ultimately alter the final cost recovery totals. Variables include: . Fees set at less than full cost o Increased or decreased activity from assumed levels . Change in the blend ofservice types and fees o Timing of the implementation of the fees and revenue collection . Service activities and fee collections that cross multiple fiscal yean o Project tasks (activity volume count) and fee collection which occur in different years This Study presents the potential cost recovery figures and annual costs only to provide a basis for comparison of current fee levels to full cost (as well as a basis to establish recommended fees). Since the impacts of these variable factors are unknown, Wohlford Consulting cautions the City against using the annualized figures for the purpose of revenue projections or other budgeting decisions. Ll/ohlfurd Consulting Page 19 of48 March 30, 2016 &w 2015 Full Cost of Services (User Fee) Study FINAL REPORT Results for Planning FULL COST: Annual Cost of Fee.Related Services PROJECTED REVENUE AT CURRENT FEES PROJECTED SURPLUS / (DEFICIT) PROJECTED COST RECOVERY RATE $ 287,000 $ (444,000)39o/o Summarv Planning Division staff and the consultant worked together to develop the fees through a unit cost build-up approach, whereby the analysis calculated the cost of each unit of service (e.g., plan check and/or inspection process) using staff time and productive hourly rates. To develop the annual deficit or surplus figures, the analysis multiplied the unit costs and current unit fees by the anticipated annual volume ofeach service. The cost analysis for Planning revealed an overall armual funding defcit of approximately $444,000 for fee-related activities, with an overall cost-recovery rate of 39o/o. In addition, almost all (56 out of 59 fees, or 95%, by tally) of the current fees are less than the fulI cost of providing the services, thus providing a subsidy to fee payers. The remaining fees (5%) are curently set equal to or higher than full cost. [n other words, if the City elects to set all fees to recover full cost (and no more), most of the current fees would increase, and a few would be reduced. Overall, since the annual volume of permit activity applies more heavily to those fees that are currently under- charged (subsidized), the City would experience an overall increase in annual revenue of approximately $444,000. Another important finding of the cost analysis is that all five of the current hourly rates for positions included in the study for Planning are less than the full cost for providing a productive hour of each position's time-up to 63% less and averaging 56% less. In instances where Plarming would rely upon hourly rates (e.g., charges against deposits), sulficient staffrates are critical for cost-recovery. Appendix I contains the detailed results for Planning fee activities Potential Revenue Gro wth from Planninp Fees The cost results for Planning indicate the potential for additional revenue-as much as 5444,000 annually if fees are increased to full cost. Only two potential new fees were included in the analysis, and with only about $l1,000 in annual cost associated with those fees, almost all ofthe potential increase is associated with full costs that are greater than the current fees for those services. This revenue is aftainable if the City sets fees at the full cost levels. To the extent that the City does not increase all fees to their full cost levels, the City will not realize the associated additional annual revenue. ll'ohfford Consulting Page 20 of48 March 30, 2016 $ 731,000 *w The cost results for Planning indicate a potential for signifrcant additional revenue-as much as $444,000 armually if fees are increased to full cost. In some municipal situations, only a reduced portion of this kind ofpotential revenue is likely to be realized, due to "fee" areas that are traditionally heavily subsidized, such as appeals or historical review. In this Planning analysis, we did not include any fees/services related to historical review, and the annual cost included for appeals was less than $10,000 annually. Therefore, almost all of the $444,000 in potential revenue is attainable if the City sets fees at the full cost levels. To the extent that the City does not increase all fees to their full cost levels, the City will not realize the associated additional annual revenue. lYoh$ord Consulting Page 21 of48 March 30,2016 2015 Full Cost of Services (User Fee) Study FINAL REPORT Potential Cost-Recoverv / Revenue Limitations Impact of Fee Activity Levels If the City increases its fees to the full cost levels, revenue from Planning fees could increase by the amount described. However, it is important to note that fee service activity levels will have the greatest impact on the final revenues resulting from fee changes. Regardless of fee levels, the annual volume of fees (permits and services provided) will principally drive the revenues. The Department provided an estimate of anticipated volumes based upon their recent experience and ongoing assumptions. The potential for additional cost recovery is based on a consistent comparison between the current fees and the full cost fees at the same activity levels. Consequently, if service demands and the resultant fee workload decline, the City would experience an overall drop in Planning fee revenues that is unconnected to the results ofthis study. .ri*2015 Full Cost of Services (User Fee) Study FINAL REPORT Results for Building FULL COST: Antrual Cost of Fee-Related Services PROJECTED REVENI]E AT CURRENT FEES PROJECTED STJRPLUS / (DEFICIT) PROJECTED COST RECOVERY RATE $ 470,000 $ 176,000 $ (294,000)37Yo Summary The Burlingame Building Division currently utilizes the valuation-based approach for determining fees charged to development projects. This is a comrnon approach employed by municipalities throughout California and the United States. Under this approach, the fees charged by the City are set based upon the "value" of a particular project, usually based upon a standardized table for new construction (new buildings / occupancies) and actual or estimated construction costs for other construction or building activities. At the time of the study, the Building Division expressed overall satisfaction with the cost-recovery performance of the valuation-based fees for new construction and most other project O?es. However, the City expressed a desire to establish a series of fixed unit fees for certain routine project types, with those fees based upon the full cost of providing the services related to the fees. To calculate the full cost of these fee-related services, Building staff and the consultant worked together using a unit cost build-up approach, whereby the analysis calculated the cost of each unit of service (e.g., plan check and/or inspection process) using staff time and productive hourly rates. To develop the annual deficit or surplus figures, the analysis multiplied the unit costs and current unit fees by the anticipated annual volume of each service. The cost analysis for Building revealed an overall annual funding deficit of approximately $294,000 for these fee-related activities, with an overall cost-recovery rate of 37%. Furthermore, the analysis revealed that all but one (32 out of 33, by tally, or 97%) of the current fees are less than the full cost of providing the services, thus providing a subsidy to fee payers. The one remaining fee (3%) is set 2% greater than full cost (less than $9.00 over). ln other words, if the City elects to set all fees to recover full cost (and no more), all but one of the current fees would increase, and one would be reduced slightly. Overall, the City could experience an overall increase in annual revenue of approximately $294,000. The cost analysis shows that all seven of the City's current staff hourly rates in Building are less than the full cost for providing a productive hour of each position's time-up to 59% less and averaging 46% less. ln instances where Building would rely upon hourly rates, sufficient staffmtes are critical for cost-recovery. l{ohlfurd Consulting Page 22 of 48 March 30,2016 llrE 2015 Full Cost of Services (User Fee) Study FINAL REPORT These cost results represent only the unit fees evaluated in this study. The cost-recovery performance of the remainder of the Building Division, including the valuation-based fees, was not evaluated in this study. Appendix 2 contains the detailed results for Building and Safety. Imoact of Fee Acti vitv Levels To the extent that the City increases its fees to the full cost levels, revenue from the selected building pemrits could increase by the amount described. However, it is important to note that permit activity levels will have the greatest impact on the final revenues resulting from fee changes. Regardless of fee levels, the annual volume of fees (permits) will principally drive the revenues. The Division provided an estimate of anticipated volumes based upon their recent experience and ongoing assumptions. The potential for additional cost recovery is based on a consistent comparison between the current fees and the full cost fees at the same activity levels. Consequently, if development activity and the resultant fee workload decline, the City would experience an overall drop in Building fee revenues that is unconnected to the results of this study. In addition, changes in the annual workload or service costs for valuation-based fees may have a greater impact on overall revenues, which is not accounted for in this study or its results. Potential ew Fees Every service evaluated as part of the Building Fee srudy is either a current service without an existing fee or a grouping/restmcturing of existing services into new potential fee categories. City staff will determine later whether to propose the establishment of new fees for these services and structures. ll'ohlford ConsuMng March 30.2016Page 23 of48 &w 2015 Full Cost of Services (User Fee) Study FINAL REPORT Results for Engineering FIII,L COST: Annual Cost of Fee.Related Services PROJECTED REVENUE AT CURRENT FEES PROJECTED SURPLUS / (DETICIT) PROJECTED COST RXCOVERY RATE $ 7o2,ooo $ 169,000 $ (533,000)24Yo To calculate the full cost of Engineering fee-related services, Department staff and the consultant worked together using a unit cost build-up approach, whereby the analysis calculated the cost of each unit of service using staff time and productive hourly rates. To develop the annual deficit or surplus figures, the analysis multiplied the unit costs and current unit fees by the anticipated annual volume ofeach service. The analysis revealed that 93yo (53 out of 57 fees, by tally) of the current fees are less than the full cost of providing the services, thus providing a subsidy to fee payers. The remaining fees (7o/o) are currently set equal to or higher than full cost. [n other words, if the City elects to set all fees to recover full cost (and no more), most of the current fees would increase, and a few others would be reduced. Overall, since the annual volume of permit activity applies more heavily to those fees that are currently under-charged (subsidized), the City would experience an overall increase in annual revenue of approximately $533,000 Another impotant finding ofthe cost analysis is that all l1 ofthe current hourly rates for positions included in the study for Engineering are less than the full cost for providing a productive hour of each position's time-up to 60% less and averaging 54% less. In instances where the Department would rely upon hourly rates, sufficient staff rates are critical for cost-recovery. ll/ohlford Consulting Page 24 of 48 March 30, 2016 Summarv The cost analysis for Engineering revealed an overall annual funding deficit of approximately $533,000 for all fee-related activities combined, with an overall cost- recovery rate of 24%o. This overall deficit is the net result of a mix of cost-recovery circumstances within the various Public Works fee categories. Potential Cost-Recoverv / Revenue Limitations The cost results for Engineering indicate a potential for significant additional revenue as much as $533,000 arurually if fees are increased to fulI cost. This potential revenue includes costs that are dkectly associated with Engineering fees, but the revenue also includes $334,000 in costs associated with Engineering support to the fee services charged by Planning and Building (i.e., review of the same plans). Therefore, this revenue is fully attainable only if the City sets fees at the full cost levels for Engineering cnd includes the appropriate costs for the support costs in the other division fees or AE 2015 Full Cost of Services (User Fee) Study FINAL REPORT establishes separate fees for Engineering to charge for the related services (added to the Planning and/or Building unit fees). To the extent that the City does not set all fees to their full cost levels, the City will not realize the associated additional annual revenue. Appendix 3 contains the detailed results for Public Works fee activities Impact of Fee Activity Levels To the extent that the City increases its fees to the full cost levels, revenue from Public Works fee collections could increase by the amount described. However, it is important to note that activity levels will have the greatest impact on the final revenues resulting from fee changes. Regardless of fee levels, the annual volume of fees (permits) will principally drive the revenues. The Deparunent provided an estimate of anticipated volumes based upon their recent experience and ongoing assumptions. The potential for additional cost recovery is based on a consistent comparison between the current fees and the full cost fees at the same activity levels. Consequently, if development activity and other Public Works-related activities decline, along with the resultant fee workload, the City would experience an overall drop in Public Works fee revenues that is unconnected to the results ofthis study. Page 25 of48 March 30,2016Wohlford ConsuWng ,^E 2015 Full Cost of Sen'ices (User Fee) Study FINAL REPORT Results for Police FULL COST: Atrtrual Cost of Fee.Rel8ted Services PROJECTED REITNUE AT CURRENT FEES PROJECTED SURPLUS / (DEFICIT) PROJECTED cosT RECOVERY RATE $ 1,070,000 s 187,000 $ (883,000)170 Police staff and the consultant worked together to develop the fees through a unit cost build-up approach, whereby the analysis calculated the cost of each unit of service using staff time and productive hourly rates. To develop the annual deficit or surplus figures, the analysis multiplied the unit costs and current rrnit fees by the anticipated annual volume of each service. The cost analysis for Police revealed an overall annual funding defcit of approximately $1,070,000 for fee-related activities, with an overall cost-recovery rate of lloh. Every one (58 out of 58, by tally) of the current fees are less than the full cost of providing the services, thus providing a subsidy to fee payers. In other words, if the City elects to set all fees to recover full cost (and no more), the City would experience an overall increase in anr:ual revenue of approximately $1,070,000. All nine of the current hourly rates for positions included in the study for Police are less than the full cost for providing a productive hour of each position's time-up to 63% less and averaging 36% less. [n instances where the Departrnent would rely upon hourly rates, sufficient staff rates are critical for cost-recovery. Appendix 4 contains the detailed results for Police fee activities. The cost results for Police indicate a huge potential for additional revenue-as much as $1,070,000 annually-if fees are increased to full cost. Unfornrnately, a significant portion of this potential revenue is unlikely to be realized, for several reasons: $319,000 of the potential revenue increase is for cost of the first two False Alarm Response fees (Fee #39 in the study). The City's current policy is to 4q1 charge for the first two false alarm responses. Unless the City's policy changes, this cost wilI remain uncollected. 2. $107,000 of the increase is for copies of Police Reports (Fee #9 in the study) and other public records. Although there is a fee listed, the City does not currently charge for Police Reports. Based on general experience, Wohlford Consulting does not anticipate that the City will enact a fee for this service. so we anticipate ll/ohlfurd Consulting March 30. 2016 Summarv Potential Cost-Recovery / Revenue Limitations Page 26 of48 Ag that the actual revenues collected will be zero for this service and the other public records-related fees will remain unchanged. 3. The potential revenue includes $27,000 in cost for services currently provided to the community for free and that are traditionally not represented by fees, including Firearm/Ammunition Tum-in, Prescription Medication Tum-in, Community Presentations, and Station Tours. 4. The cost for issuing Residential Parking Permits is $21,000 greater than the current fees. This fee is tlpically set at a market rate, so Wohlford Consulting anticipates no change in this fee as the result of this study. 5. The potential revenue includes $3,000 for Bicycle Licenses and $45,000 for Citation Sigrr Offs for residents. The City does not culrently charge for these iterns as a matter of policy. Unless the City's policy changes, this cost will remain uncollected. If we rernove the potential impact from for the items described above, the totals for Police look more like the following: Probable Modified Results for Police PROJECTED RE\'ENUE AT MODIFIED FULL COST PROJECTED REVENTJE AT CTJRRENT FEES PROJECTED SURPLUS / (DEFICIT) PROJECTED COST RECOVERY RATE $ 548,000 $ 187,000 $ (361,000)34o/o While the analysis indicated a potential for over a million dollars in additional annual revenue, a more realistic possibility is $274,000. This revised total still would require an increase of all other fees a 100% cost-recovery level, or the City will not realize the associated additional annual revenue. lYohlford Consulting Page 27 of48 March 30, 2016 2015 Full Cost of Services (User Fee) Study FINAL REPORT Impact of Fee Activity Levels To the extent that the City increases its fees to the full cost levels, revenue from Police fees could increase by the amount described. However, it is important to note that fee service activity levels will have the greatest impact on the final revenues resulting from fee changes. Regardless of fee levels, the annual volume of fees (number of services provided) will principally drive the revenues. The Departraent provided an estimate of anticipated volumes based upon their recent experience and ongoing assumptions. The potential for additional cost recovery is based on a consistent comparison between the current fees and the full cost fees at the same activity levels. Consequently, if service demands and the resultant fee workload decline, the City would experience an overall drop in Police fee revenues that is unconnected to the results of this study. ^E 2015 Full Cost of Services (User Fee) Study FINAL REPORT Results for Parks and Recreation FULL COST: Annual Cost of Fee-Related Services PROJECTED REVENUE AT CURRENT FEES PROJECTED SURPLUS / (DEFICIT) PROJECTED cosr RECOVERY RATE $ 3,741,000 $ 2,82s,000 $ (916,000)7 60h In order to determine the cost for each program, the Parks and Recreation staff and the consultant worked together to determine the distribution of staff to the various programs, including fee-related and non-fee-related programs. In addition, the study apportioned direct expenses, support activities, and overhead services. The result was a distribution of all department costs to the programs. These costs were compared to the actual revenues associated with each program to determine the cost-recovery achieved for each program, as expressed by a percentage. For example, a program that cost $2 per year and brought in $l in revenue would have a cost recovery performance of 50%. Conversely, the program could raise fees an average of 100% to achieve full cost recovery. Overall, the Parks and Recreation Department maintains an annual subsidy of roughly $916,000 for fee-related services and activities, for an average cost-recovery rate of 7670. The cost-recovery rate for the Recreation Division was 79%o, and the rate for Parks was 4l%. Individually, the cost-recovery rates for the programs vary over a wide range: 0olo to 126%;o. Of the 64 individual fee-related activities (e.g., Softball, Youth Art), 55 of them (86%) recover less than full cost. The lsrplning 9 activities are at or above full cost recovery. The individual activities are gouped into l7 different program areas (e.g., Sports, Leisure Classes), and 14 of 17 (82o/o) ofthose program areas recover less than 100% of full cost. Only Leisure / Fitness, Enrichment, and Preschool programs recover full cost or greater. lYohlfurd Consulting Page 28 of48 March 30,2016 Summarv The cost analysis of Parks and Recreation activities did not follow the rypical unit-based approach used for the other fee areas in this study. The unit costs for these O?es of progrlms are affected significantly by the participation numbers, which can vary significantly in each instance. Attempts to determine individual unit costs can result in unreliable or misleading findings with little objective value to the City. Therefore, instead, the cost analysis for the Parks and Recreation Department consisted of a comparison of the overall full cost and revenue of each progtam area. This method identified the cost-recovery performance of each program, as represented by a cost- recovery percentage. The inverse of this percentage establishes a factor the departrnent can apply to all program fees to determine the levels necessary to achieve full cost recovery. The City can use these results to identifu the parameters for potential fee changes in each program. &E 2015 Full Cost of Services (User Fee) Study FINAL REPORT Appendix 5 provides a breakdown ofthe cost-recovery rates for individual programs and actrvrtles Results Ouali and Clarification It is important to note that the consultant alone made the determination of which programs are considered "fee-related" for inclusion in the overall results. This determination is entirely based upon whether a crslomer could be identified and could be charged a fee, regardless of whether such a fee would be acceptable to the citizens or the City or whether such a fee would even be considered by the Department (e.g., Music in the Park). Consequently, these results do not constitute any recommendations by the consultant or known intentions of the City. As mentioned previously, the cost results presented herein are limited to the fee-related programs. The results from the study itsetf, and the associated documentation, also include the costs for programs and services in the Department that are not related to fees and have no extemal revenue, such as parks maintenance and operations. These non-fee programs were included in the analysis to ensure the complete and proper distribution of all costs, including staff time and overhead. When non-fee programs and activities are included in the results, the overall cost-recovery rate for the Department is 35%. Findin s and Comments The results for the departrnent are typical. City departments throughout the state that provide recreational and parks-related services almost always operate with signifrcant subsidies, with varying degrees of subsidization among the progmms. The results from the Parks and Recreation cost analysis indicate that the City could raise almost all program and service fees by a significant amount, and still not exceed the full cost of services. However, it is most common for cities and counties to establish these types of fees based on detailed market comparisons and actual staff experience that determine a more subjective basis for setting fees at levels the community will accept and continue to utilize the services. Consequently, the results from this srudy should not be construed to suggest any recommended fees or cost-recovery levels, but only to provide information about potential parameters for fee changes within the Department. It should also be noted that all discussions in this report regarding the potential (or desirability) for full cost recovery do not apply to Parks and Recreation Services as a whole. Wohlford Consulting recognizes that park and recreation programs occupy a unique service niche in local govemment. A breadth of recreation and park services provides a general community benefit that vr'arrants a significant measure of subsidization. While some individual programs, and even some program areas, may be able to achieve full cost recovery, these situations are rare. Normally, market/economic and social/political pressures will dictate or heavily influence the fee levels for these discretionary programs. It is generally accepted among recreation professionals that attempts to charge full cost for most programs will result in large-scale reductions in ll'ohlford Consulting Page 29 of48 March 30,2016 ^B 2015 Full Cost of Services (User Fee) Study FINAL REPORT participation, which will force elimination of those programs entirely. In additior! some programs are offered on a "pilot" basis at subsidized levels to determine initial interest and how favorably the program would be received overall. Imoact of Fee Activitv Levels For most fee-related departrnents, the annual activity levels sigrrificantly affect cost- recovery performance, because most of the costs are fixed, such as permanent staff and associated exporditures, so reductions in activity result in revenue declines without corresponding cost decreases. However, Parks and Recreation cost-recovery performance is not as sensitive to activity level changes. Parks and Recreation services rely significantly on contracted service providers, temporary and part+ime staff, and other flexible expenditures. Often, this flexible staffing is contingent upon the need for services, as dictated by participants and other factors. Consequently, reductions in demand cause reductions in services, which result in corresponding reductions in cost and revenue. To the extent that these reductions are equal, the overall cost-recovery ofParks and Recreation would be unaffected. In other words, gross revenues would change, of course, but the revenue changes would be offset by changes in cost. Results for Staff Hourly Rates (Cost Recovery Rates) The study results include a series of"Full Cost Recovery Rates" associated with various position classifications (e.g., Senior Planner). These rates are calculated to recover 100o/o of each position's fully loaded cost within the hours available to perlorm billable/direct services to customers and other direct department activities (both fee and non-fee). The cost components factored into these rates are the same as the costs included in the unit fees, as described in the "Full Cost" section above. In addition, these rates take into account the available billable hours for each position. For example, if a position's fully burdened cost is $150,000, and the position's billable hours are 1,500, the full cost recovery rate would be $100 per hour. These rates should not be confused with pay or other compensation rates. Due to the cost burden added to these rates (e.g., overhead, operating expenditures, indfuect costs) and use ofbillable hours, a Full Cost Recovery rate typically ranges from three to four times the hourly pay rate of the employee. The City can use these rates to recover full department costs whenever a real-time billing situation is present. A salary-only or salary+benefits rate would fail to recover the full cost ofthe position. Finding: The full cost-recovery rate for every position classification evaluated in this study is higher than the current hourly rates used by the City. Page 30 of48 March 30, 2016 Full Cost Recoverv Hourlv Rates Wohford Consulting &E 2015 Full Cost of Services (User Fee) Study FINAL REPORT The study results include some "blended" hourly rates that are not specific to any particular position, but refer to a general service category (e.g., "Standard (Blended) Building Plan Check Hourly Rate"). These rates enable the department to utilize a general rate when specific employee rates are not feasible or desirable, such as when the department is attempting to provide an estimate of cost when the actual employee assignments or project complexity is not fully known. For some fee-related services (especially anomalous situations) a department may choose to track actual staff time consumed by the project and charge full cost-recovery hourly rates to establish the specihc fee level. This "real-time billing" process may require the applicant to pay an initial deposit (i.e., down payment) to ensure that the City will collect a base amount ol fees for the project. If the project consumes more time/cost than the initial deposit, the department will request an additional infusion of funds from the applicant. tlltimately, the applicant will pay the full cost of all staff time devoted to the project. This cost analysis calculated the typical cost ofeach service, which appears in the results as the resultant fu[ cost. If this City wants to establish deposits, instead of fxed fees, the unit costs identified in this study can serve as the deposit levels. When considering fee setting, the City does not need to establish the deposit at this level to ensure full cost recovery, because the fees charged will be based upon the actual time consumed-not the deposit level. The deposit merely serves as the first payment. The City nray choose to use the results from the cost study as the basis to set the deposit levels, since they represent "typical" projects. This approach may not be desirable, however, because it could result in a greater number of necessary refunds of overpayments, and because it would "front load" fee payments for projects which have a longer review process. Issues Resardine Com with Extemal Hourlv Rates City hourly rates are occasionally compared to the rates charged by private contractors or other extemal agencies, in order to ascertain the "reasonableness" of the cities' rates. Although an attempt is usually made to compare equivalent positions, the city rates are commonly higher than those from private enterprises. There are a variety of valid lYohlford Consulting Page 3l of48 March 30, 2016 Blended Rates The study calculated each blended rate by using portions of the hourly cost of multiple positions that are typically involved in hourly fees. Al[ of the portions combined to equal one hour. To determine the relative portions from each position, the study used a ratio that generally corresponds to the typical work assignments of those employees. (i.e., non-fee-related positions are excluded.) Variable (Hourly) Fee Deoosits t\lE' reasons for the differences in rates, which contribute to the potential assessment of whether the rates are reasonable- Most significantly, the differences are due to the fact that private firms typically do not have to account for the same underlying costs as a govemment agency, including: o Permit system (purchase and maintenance) r Plaruring Commission and City Council support/meetings (attendance, status reports, etc.) o General Plan, Zoning Code, Housing Element, Municipal Service Review, and Sphere of Inlluence updates o Code enforcement o Public information (pre-project support) o Routine non-technical training (e.g., sexual harassment, workplace violence) o Administrative oversight tasks (e.g., Economic Interest statements) r Fee studies performed by outside contractors . Employer contributions to defined beneflt retirement plans (vs. 401 or no plan) . Competitive comprehensive health insurance coverage and post-ernployment benefits . Recruitment processes that require extra steps (e.g., exams and formal applications) to ensure faimess and equity, and review processes to prevent issues such as nepotism. (Private firms can use whatever processes they want and can hire anybody they want.) r Purchasing processes that require extra steps to ensure faimess and protect public money (i.e., formal bidding processes). (Private firms can purchase however they choose.) . Additional administrative support, such as a Finance departrnent that must track public funds and prepare/publish reports with greater detail than required in private firms (to protect public money and ensure public access to information). AII ofthe above costs (some partially) may be allocated to City fees and cost-recovery rates established in the studies (with exceptions for some positions). Consequently, even when salaries are equal, total City ernployee costs are greater than private firm employee costs. Even if the City "privatized" some or all of the fee services, most of these costs would still exist in the City and would have to be recovered. Therefore, private firms would have to either raise their rates or bill for more hours----or the City would have to add a premium/surcharge to the private fees. Either way, the cost would be greater than simple public-private rate comparisons would indicate. ll'ohlford Consulting Page 32 of48 March 30. 2016 2015 Full Cost of Services (User Fee) Study FINAL REPORT Even when the services and products are similar, there are significant differences in the costs and operations between government agencies and private enterprises. The differences are most evident in their organizational missions, cost structures, and service levels. ^w 2015 Full Cost of Services (User Fee) Study FINAL REPORT In addition, the fees (based on worker time) also have the following built into them: . Review and approval processes to ensure accountability and protect the public. . Systems and processes designed for faimess and equity among customers (can create inefficiencies). (Private firms can provide different service levels to different customers.) o Standard fees must also include services to difficult projects and customers, because the City must serve everyone equally and cannot refuse to serve any customers. (Private frms can avoid '\rnprofitable" customers.) In summary, private enterprises generally do not have the same level of cost inputs that need to be recovered in rates charged by a city, in order to recover costs and avoid subsidies from non-fee sources. Other Beneficial Outcomes of the Study Although it is the primary focus of the Study, the cost analysis is not the only part of this effort that can benefit the City. A series of secondary outcomes and benefits resulted from the steps of the processes used in the Study, the analysis of data, and the myriad ofdiscussions between the consultant and staff. Since these secondary benefits are not the focus of the Study, the descriptions presented below are not intended to fully explain and document all of the elements and benefits of these outcomes. Instead, the intent of the descriptions is to briefly describe their existence and to encourage follow-up in some c.rses. Orientation and Training The long-term success of the project is affected by the ability of City staffto continue to understand, use, and explain the study methodologies and results after the study concludes. Consequently, as part of the study process, staff spent a considerable amount of time working with the consultant to learn the conceptual and practical elements ofthe data collection, analysis, and calculations. This informal training process not only ensures the future success of the project, but it also facilitated effective data collection and the City's intemal review ofthe results. Management Information The processes of data collection, analysis, and validation produce beneficial management information. The background documentation and fee models, as well as the discussions with the consultant, highlighted information that is beneficial for managers who wish to pursue additional in-house analysis. Department managers have access to the auxiliary information developed and documented during the Study, including current and potential: ll/ohlfurd Consulting Page 33 of48 March 30,2016 AE 2015 Full Cost of Services (User Fee) Study FINAL REPORT . Utilization of Time and Staff (productivity and sta{fing needs). Revenue lmpacts (potential new revenue). Distribution of StaffEffort across Services (who does what and for how long). Total Time for Each Service (workload impacts). General Staff Productivity (direct vs. indirect activities) Intaneibles During the course of this Study, the consultant provided City staff and management with experience-based advice intended to help the City best achieve its current and future fee objectives. Staff and the consultant discussed implementation strategies and alternatives, furure steps, common questions and complaints, public policy considerations, economic considerations, legal considerations, how to address criticism and support the study, other analysis needed, and update techniques. These discussions and the other contributions from the consultant do not necessarily appear elsewhere in the formal documentation, such as this report. l/'ohlford Consulting Page 34 of48 March 30,2016 2015 Full Cost of Sen'ices (User Fee) Study FINAL REPORT OTHER ISSUf,S AND INFORMATION Fee Setting Considerations The principal goal of this Study is to identifu the cost of City services to help the City make informed decisions regarding fee levels and charges. Determining appropriate fee levels is an involved and dynamic process. Staff must consider many issues in formulating recommendations, and the City Council must consider those issues and more in making final decisions. City staffwill develop fee level recommendations to present to the City Council. Unfortunately, there are no hard and fast rules to guide the City, since the most important issues are subject to administrative and political discretion. To assist the City's deliberations, Wohlford Consulting offers the following general considerations: Subsidization Recalling the definition ofa user fee helps guide decisions regarding subsidization. One general principle is that individuals or groups that receive a purely private benefit should pay 100% of the full cost of the services. In confiast, services that provide a purely public benefit should be funded entirely by tax dollars. The complicating reality for local govemment is that a large number of services fall into the range between these two extremes. The following graphic illustrates the potential decision basis: Source of Service Funding (1) (21 (3) Building Permits Youth Programs Long Range Planning Police Patrol(4) 100% Some Somo 100%Private Public Prlvate Publlc Benefit (llBenelit (2)Benefit (3) Benefit (4) A common justification for subsidizing certain fees with general fund contributions is that some fee-related services provide a "public benefit" to the larger community, in addition to the private benefits obtained by the applicants. This approach assumes that the subsidized development activities provide economic, cultural, quality of life, or other community benefits that equal or exceed the costs to the City. Taxes (GF)Taxes (GF) Taxos (GF) lltohlfurd Consulting Page 35 of48 March 30,2016 IE User Fees Us6r Fees User Fees &E 2015 Full Cost of Services (User Fee) Study FINAL REPORT Subsidization can also be an effective public policy tool, since it can be used to reduce fees to encourage certain activities or allow some people to afford services they otherwise could not at the full cost. In addition, subsidies may be appropriate to allow citizens access to services (such as appeals) without burdensome costs. Regardless ofthe intent, it is important for City leaders and the public to understand that subsidies must be covered by another revenue source, such as the General Fund. Therefore, the general taxpayer will potentially help to fund private benefits, and/or other City services will not receive funds that would otherwise be available. User fees are part of the fabric of City administration. The fee levels and policies should be consistent with other established policy objectives, strategies, and statements. If the City espouses full cost recovery, fees should reflect those standards by minimizing subsidies. If the City has stated a desire, for example, to encourage affordable housing, the fee structure should make allowances to encourage this tlpe of development. In summary, other policy stances can and should influence fee decisions. The fees should be fair and equitable to all fee payers. Some fee payers should not pay more than the full cost, in order to subsidize the lower/subsidized fees of others. If the City wants to provide subsidies, the extra funding should come from a general source, such as the General Fund or other distributed revenues, not from other individual fee payers who are already paying their fair share. Economic principles of elasticity suggest that increased costs for services (higher fees) will eventually depress the demand for those services. Conversely, lower fees may create an incentive to purchase the services and encourage certain actions. Either of these conditions may be a desirable effect to the City. However, the level of the fees that would cause demand changes is entirely unknown, and the monopolistic nature of some City services (i.e., citizens cannot go elsewhere for lower prices) could also influence demand in unknown ways. The Study did not attempt to evaluate the economic or behavioral impacts of higher fees, but the City should consider the potential impacts of these issues when deciding on appropriate fee levels. By following a non-profit ethic and the applicable general standards (e.g., reasonable cost) set forth in the Govemment Code, this cost study identified the full-cost-recovery fee levels that the City can use to establish fees in compliance with both the spirit and ll'ohlfurd Consulting March 30,2016 Consistency with Citv Public Policv and Obiectives Faimess and Equity Impact on Demand (Elasticitv) Compliance with Leeal Standards Page 36 of48 A € 2015 FulI Cost of Services (User Fee) Study FINAL REPORT letter of established legal standards. (Note: \ething herein should be construed as legal advice, and the City should consult its own counsel for questions of a legal nature.) As a public body of elected officials, the City Council may wish to consider various political issues and constituent concems that could arise from fee changes. For example, the City Council may want to benchmark certain fees to neighboring communities, in order to avoid appearing to be expensive or overly generous with subsidies. In addition, some fee changes will impact specific constituencies that may attempt to inlluence decision-making. With the availability of the cost results from this study, the consultant and city staff were able to conduct a sample comparison of the City's service costs and/or proposed fees to selected fees from neighboring jurisdictions. The comparison results were presented to City staff under separate cover, and staff consulted the comparison hformation as part of their process to consider potential recommended fees. This type of comparison is often an attractive concept to local govemment when considering fee setting, but the City should recognize a number of significant limitations that affect the validity and reliability of comparisons. With the potential for numerous factors to affect the differences in fee levels between cities, it is important to realize that the value of a fee comparison is generally limited to market-based decision-making. There is very little relevance of current fee levels in other cities to the actual costs in the City, since fee schedules tend to be highly variable expressions oflocal policy, rather than true barometers of service costs or cost-recovery intent. Direct comparisons of fee levels across surveyed counties and cities are usually somewhat limited, due to wide differences in fee structures, definitions, and program types. The value of a comparison may be to allow a city to develop a sense of its place in the range of fee levels among comparative jurisdictions, but it does not establish a clear understanding of each city's specific cost circumstances, including actual cost, service levels, or cost-recovery performance. This situation may exist for a variety of reasons, including: Many cities have not conducted an actual cost study, so their fees may be based upon historical or other subjective factors unrelated to actual cost. Most cities do not publish their subsidy rates, so thet fees may be subsidized (knowingly or unknowingly). Even if they have completed a cost study, there is often no way to know whether cost subsidies exist. The services included in fees may be combined in some cities and separated in others, thus making direct comparisons unreliable. llohlford Consulting Page 37 of48 March 30. 2016 Constituencies Affected Fee Comparison Issues ^w 2015 Full Cost of Services (User Fee) Study FINAL REPORT The methodology used to determine the fees in other cities may be deficient or designed to recover less than full cost. Other jurisdictions may have different policy goals and considerations that affect the level ofcost they desire to recover. Even if the studies treated the costs equally, there are a number of additional qualifuing factors that would create legitimate and reasonable variances in costs between different cities. These cost factors include: ) Salaries and benefits ) Services and supplies F Overhead levels (department, division, and administrative) F Post Employment Benefits (OPEB) F Leave time (holiday, vacation, sick) ) Other non-direct time (training, meetings, breaks) F Capital costs (annualized) > Cross-departmentcosts ) Cost-recovery of associated services (e.g., General Plan update, code enforcement) ) Reservecontributions ) Staff longevity (affects the time necessary to complete tasks) ) Service levels (affect the number ofassociated tasks and the overall time necessary to complete fee services) ) Efficiency Cost "Reasonableness" A common question posed at the conclusion of a Cost of Service Study, particularly when reviewing the results, is whether the data and results are reasonable. Although the scope of this study did not include an evaluation of the service levels in the City, the following discussion addresses this question and related issues. The notion of "reasonableness" is a function of different definitions and assumptions. The most basic consideration is whether the reasonableness standard applies to lhe cost of the service or to thefee charged-which can be two entirely different issues. The reasonableness of a fee is largely a policy matter after cost has been established, since each individual's perspective influences his or her definition of reasonableness. For example, whether a particular fee is considered reasonable certainly depends on whether one is the person paying the fee or a disinterested party. Concepts of subsidization are also important to consider, particularly when the fee payer will realize a profit as a result of the City's action (e.g., private developers). Political considerations, jurisdictional comparisons, economic sympathy, desired incentives and disincentives, and historical trends may also play a part in the determination offee reasonableness. |Yohlford Consulting Page 38 of48 March 30.2016 ^E 2015 Full Cost of Services (User Fee) Study FINAL REPORT A Cost of Service Study establishes the true cost of providing individual services. The most common standard for this analysis, as directed by the Califomia Govemment Code, is that the fees can be no greater than the "estimated reasonable cost" of providing the service for which a fee is charged. However, there is no best practice or specific "reasonableness" definition or standard for providing individual services-and, by extension, there is no best cost level. Often, the only commonality across different jurisdictions is difference. Attempts to create a standard through rough statistical analysis ofpast data from other jurisdictions are problematic, and imply a level of accuracy and meaningfulness that does not exist. The cost components, service structures, staffrng arrangements, services levels, overhead levels, and many other factors vary widely (and legitimately) among even neighboring jurisdictions. Burlingame's Cost of Service Study employed quality control measures to ensure that the analysis identified the most accurate for the City's current operations, which represents one commonly accepted measure of reasonableness. However, if the City expands its definition of reasonableness to include consideration of the most efficient and effective operational practices, it is important to note that the scope of this Cost of Service Study focused on the current operational costs of City services only and did not delve into issues of service performance or quality. ln contrast, a true best practices evaluation and determination of cost reasonableness based upon an idealized service approach requires a more robust management and operations study. To be successful, this type of study should involve meaningful observations and evaluations of business processes and management practices, operational reviews, comprehensive line staff interviews, concept definition processes, and a wider scope and intensity of investigation and analysis. Anlthing short of this full analysis would lack credibility, utility, and relevance. Enhanced Fee Flexibilitl' The time estimates in this Study represent the best estimates for the level of effort necessary to complete each of the fee activities, based on past experience. Since unforeseen circumstances and requests are possible, there is a need for flexibility in fees to address new or anomalous situations. ln these situations, a Department can identifu the need for additional staff time and apply standard or individual position hourly rates to establish charges. The Study calculated fu[[- cost recovery rates for all key positions. To facilitate use ofthese rates, the City Council should grant the authority to charge these supplemental rates by including them in the approved fee ordinance or resolution. Implementation Issues Following City Council approval ofa new fee schedule, the City will be laced with the practical task of implementing the new fees. While the City is responsible for developing a successful project plan for implementation, the information presented below may provide some assistance. Page 39 of48ll'ohlfurd Consulting March 30,2016 frE 2015 Full Cost of Services (User Fee) Study FINAL REPORT Timine To ensure more accurate revenue and service expectations, it is important for the City to recognize the realistic limitations to a speedy implementation ofnew fees. In addition to the mandated noticing and public hearing requirements, the City is prohibited from charging new or revised development fees until at least 60 days following approval by the City Council (Govemment Code $ 66017). 2. The City may identifu the need for additional public hearings/meetings, which would add time for additional noticing and hearing requirements that could delay full implementation. 3. The City will also be faced with a series of practical and customer service limitations. Fee schedules must be produced and published in the usual places (brochures and handouts, website, staff handbooks). The City's permit systems must be updated to reflect the new fee levels. Staff must be trained on new fee structures and/or procedures in some instances. Fortunately, if planned effectively, City staff can complete many of these administrative tasks while waiting for legal waiting periods to pass. The Cost of Service Study did more than calculate the full cost of existing services. [n many cases the process resulted in reorganized or otherwise modified fee structues, as the project team added new fees, deleted obsolete fees, combined fees, and/or established entfuely new approaches for some. As a result, the City will need to modifu the structure and organization of the fees in the affected permitting systems before any new fees go into effect. Phasine Due to the length of time since the last fee study, and the large gaps between some current fees and their full cost recovery levels identified in the Study, many ofthe City's fees may be subject to significant increases. If implemented all at once, these increases may surprise local businesses, citizens, and other fee-payers, and could conceivably have an adverse impact on the local economy. If the City plans to institute significant fee increases for these services, phasing in the fee increases helps to minimize impacts to the community and to give it a chance to plan for, and adapt to, the increases. There are, however, two key downsides to enacting a phased approach to fee increases. The first issue is the delay of cost recovery, since fees will continue to be subsidized at higher levels until the full cost (or desired cost-recovery goal) fee levels are achieved. The second issue is the potential for additional administrative and/or operational cost resulting from more frequent fee changes. Each fee change can result in the need for Ll/ohlford Consulting March 30, 2016 Permit Svstems Page 40 of48 {i!r'r,}&I 2015 Full Cost of Services (User Fee) Study FINAL REPORT additional contracted services to modifu permit systems, supplemental staff training, reprinting of forms or other documentation, and other additional internal workload. Pubiic Communication Public and interest group acceptance of new or increased fees can often be improved through an awareness campaign and direct communication with affected parties. Having the opportunity to review the fees (and perhaps the analysis behind them) builds confidence in the credibility of the analysis and reduces objections. Conversely, last- minute notices cause the community to question the veracity of the fee analysis and City motives behind the apparently rushed approval process. The public communication needs associated with fee changes vary by departrnent and by the B?es of fees. Each department should develop a public notification and communication plan that is appropriate for the types of fees affected, the degree of potential fee changes, and the customer base and others affected by the changes. Potential Implementation Strategies As mentioned previously in this report, Wohlford Consulting generally recommends setting fees at 100% of cost and implementing the new fees as soon as possible. This approach for the City would result in a large number of individual fee increases, a smaller number of fee decreases, and a significant overall increase in arutual revenue. This standard recommendation would minimize individual fee subsidies and maximize cost recovery. However, Wohlford Consulting also recognizes that the decline in development activity over the past few years, political desirc to support and promote economic recovery, and resistance to fee increases make this approach especially difficult. Consequently, Wohlford Consulting has identified several approaches for the City to consider that will facilitate implementation and achievement of the City's cost-recovery objectives. The altematives are presented below: Option 1: Adopt the Fee Schedule at 100% Cost-Recoverv Under this option, the City would implement almost all fees at 100% of full cost all at once and as soon as possible, with a limited number of reasonable exceptions for critical areas ofpublic safety (e.g., water heater permits), general community benefit, and public involvement (e.g., appeals). This approach would result in the maximum cost recovery, absent any impact of price elasticity (which is unknown), and is the only approach that will address the underfunding of services. Ootion 2: Increase Selected Fe es Onlv Under this option, the City would select a limited number of fees to increase. To select the fees targeted for increase, the City should consider a variety of factors that affect lYohlford Consulting Page 4l of48 March 30. 2016 r'Dr TFIU 2015 Full Cost of Services (User Fee) Study FINAL REPORT progress towards revenue, subsidy, or policy goals. These factors may include which fees are burdensome to customers, which ones arc the most frequently charged, which ones are the least successful at current cost recovery (i.e., most subsidized), potential controversy and opposition, targeted customers, and past experience. While this approach will not result in full cost recovery and will perpetuate subsidization of fee-related services, it may be the most practical and achievable option. It may also result in greater overall success for the City. A successful parllai implementation may achieve greater overall cost recovery gains and subsidy reduction than a failed complete implementation. Before selecting this approach, the City should evaluate whether the determination oftargeted fees would require a significant secondary analysis that may, in itself, cause considerable controversy and opposition. Option 3: Standard Discount If full cost recovery is not intended, the easiest option to administer is to apply a standard discount to the cost results. For example, the City Council could decide to charge a specified percentage (e.g., 80%) of full cost for all fees. Under this scenario, the City would increase fees that are currently less than the specifred percentage of full cost and decrease any fees that are currently greater than that percentage. Although the percentage cost-recovery rate would be standardized, the rate of change for individual fees would be inconsistent, to the extent that these fees are not curently set at a consistent ratio to full cost. As a result, the fee payers could still experience sticker shock and see sigificant percentage and/or dollar increases to individual fees. However, the notion of a discount applied to fees may have skong appeal to customers and other interested parties. Option 4: Ca nned Increase Under this option, the City Council would limit individual fee increase to a specified percentage increase (cap) above its current level (e.9., a 50% increase only). This approach applies an understandable consistency to the increases, but it separates the fees from a relationship with firtl cost. Depending on the cap selected, this approach can prevent significant increases to fees that would occur under a full-cost-recovery scenario. However, it also could limit the cost-recovery performance of individual fees, and thus result in continued underfunding of services. Ootion 5: Phased Imn lemen tatron The option to phase the implementation offee changes over time is applicable to each of the other options. Under this approach, the City would select a period of years over which to achieve its overall goal. For example, the City could decide to achieve full cost recovery over a period of four years (or some other desired period), rather than all in the first year. To achieve a "full cost in four years" goal, the City would increase the fees by lYohlford Consulting Page 42 of48 March 30.2016 ^w 2015 Full Cost of Services (User Fee) Study FINAL REPORT 25%o of the gap between cunent fees and full cost each year for 4 years. The City should also consider annual inflation into the annual phased growth factors, to ensure that full cost is included for the duration ofthe phasing. This approach would smooth out the fee increases, which might allow customers to adjust their business plans, plan for future development projects, absorb the increases over time, and build the increases into their cost calculations. This approach may also stimulate some development activity, as customers schedule their projects earlier to take advantage of reduced fees. However, this approach will also maintain a level of deficit for a longer duration and perpetuate an underfunding of services. Option 6: Hybrid Approach The City has the option to mix and match the components of each of the options to establish a process and an outcome that best meets its needs. Further evaluation and understanding of City objectives would be necessary to more fully define the most appropriate recommendation for the City. To improve the cost-recovery performance of the City, Wohlford Consulting recommends a blended, or hybrid, implementation approach that combines the full-cost-recovery goals of Option #l with the customer and community-centric features of a phased approach from Option #5. In recognition that the City Council may not want to set all fees at full cost, this general recommended approach is flexible and acknowledges that the City will likely seek 100% cost-recovery only for certain fees. In addition, the City will likely set different phasing schedules for individual fees, ranging from immediate implementation at 100% ofcost to a schedule of increases over many years to achieve a level of full-cost recovery in the future. The phased approach is intended to "soften" the larger fee increases, including many that could increase from zero to hundreds or thousands of dollars at full cost. The potential for "sticker shock" and customer frustration is real, and a phased approach may help the City achieve community acceptance of the fees with less controversy and rancor. The City's revenue goals and financial condition should be the primary driver for determining the specific time frame for the phased approach. Wohlford Consulting Page 43 of48 March 30, 2016 Consultant's Recommendation Regarding Imolementation Strateeies The ideal fee implementation strategy for Burlingame can only be determined through careful evaluation of City Council priorities, community input, future City budget conditions, City policy, and potential community impact and response. Most of this information is unavailable at this time and is likely to change periodically; so in order to provide a recommendation in the absence of this direct knowledge, Wohlford Consulting must rely upon successful experiences with other communities and knowledge of Burlingame gained through this Study. ^g 2015 Full Cost of Services (User Fee) Study FINAL REPORT Wohlford Consulting believes that this blended/hybrid approach would be most beneficial to Burlingame , because the City can maintain the relationship between fees and full cost (thus facilitating future adjustments), as well as maintain focus on an overall goal of full cost recovery while retaining flexibility to adapt to changing local conditions. In addition, the phasing of some fee changes will make it easier for customers to accept and adjust to the cost increases, and it will allow time for the economy to continue to recover before the full impact ofthe final fee increases is bome by customers. Note: This recommendation also recognizes the need to continue subsidizing certain fees (e.g., water heater permits, appeals) in order to ensure continued public safety and reasonable public involvement in the development process, for example. Future Updates This Study represents a snapshot in time of the costs to provide fee related services. This analysis is based upon the FY 2015/16 Final Budget, including the staffrng and budgeted expenditures. However, the study's specific applicability to the budget and current costs will effectively end when the departments experience significant budget changes. With budget/cost increases over time, the fee levels would fall further behind in future years. Consequently, the City needs a method to keep the fees relatively current with changes in costs over time. Some of the most common approaches include: Stahr,s Quo:Many cities simply allow their fees to remain constant over the years. Not only does this approach negatively affect revenue recovery, it also causes potentially dramatic increases when the next update is completed. Wohlford Consulting recoz mends against lhe status quo approach. Full Revieu':Burlingame can elect to conduct a complete Cost of Service Study each year. This would be the most accurate and defensible update strategy, but it would be the most expensive and time consuming. The payback for this level of effort and scrutiny does not usually warrant this approach, so Wohlford Consulting does no, recommend it. Minor Update: Wation Factor: A minor update would involve changing only the basic cost factors in the existing fee models to recalculate fees at the new levels. Time estimates, allocation bases, staffrng levels, and other key components would remain the same. This level of analysis would require the re-involvement of a consultant. This approach would be more cost-effective than a full review, since consultant fees would be merely a fraction of the cost of an entire srudy. Ii/ohlfurd Consulting recommends the minor update approach as the optimal 'tray to slay atrrent and remain defensible- One of the easiest and least expensive update approaches is to apply an inflation flactor to existing fees in an atlempt to mirror cost increases over lYoh$ord Consulting Page 44 of48 March 30,2016 *ffrw,2015 Full Cost of Services (User Fee) Study FINAL RJPORT time. This method simply entails the development of a spreadsheet to apply a percentage increase to current fees. The flaw in this approach is the potential inaccuracy of any inflation factor applied genericaily to a wide range of cost tlpes. However, this approach is generally accepted (and seldom challenged) as a convenient and reasonably accurate way to modify fees in future years. For this reason, lVohlford Consuhing also recommends the inflation factor approach, if the City does not wish to conduct a minor update. The key to an effective inflation factor approach is to select the right factor. A variety of CPI-tlpe factors are available for the City to use, with the most common and recognized source being the U.S. Department of Labor, Bureau of Labor Statistics //www.bls- However, the San Francisco Oakland-San Jose CPI (All Urban Consumers) has increased annually by 2.8% or less for each of the past 7 years, including 2.6% in20l5. For the West Urban Area CPI, the annual rate of increase over the past 7 years has also been 2.8% or less, with five ofthe seven years at less than 2o/o. Remarkably, the rate declined .4Yo for 2009 the first time in the history of that index (since 1967). The rate for 2015 was 1.2%o. The annual growth in each index has not exceeded 3.5% in over 10 years. Considering energy, health care, retirement, and other key costs, the actual costs for the City of Burlingame have probably far exceeded a 2-4o/o average annual growth over the past decade. Based on this assumption, Wohlford Consulting recommends that the City establish its own inllation factor that represents local cost growth. The use of an average factor would mitigate radical swings from year to year. The basis for this factor could be one of the following: l. City labor cosls. Labor costs (salaries and benefrts) comprise the majority of operating costs and the largest component of fees for departments, so they are the key driver for overall cost increases. ln addition, these costs are the most predictable costs, which will allow the City to calculate prospective fee modifications sooner. With faster base information, the City will be able to increase fees earlier and more accurately, which will help to maximize cost recovery performance. To create this factor, the City can calculate the overall percentage increases to salaries and benehts from year to year and apply this same percentage increase to existing fee levels. If there is concem that the labor costs have increased without a corresponding increase in all other budgeted costs, the City can moderate the labor cost factor, by determining the specihc ratio of labor costs to all other costs, and applying this ratio to reduce the labor cost factor accordingly. For example, if labor costs are 80o/o of total costs, and the labor costs increase 100/o from one year to the next, the City can apply an 8%o increase to all fees. llohlford Consulting Page 45 of48 March 30- 2016 4.r':w 2015 Full Cost of Services (User Fee) Study FINAL REPORT 2. Total Budget Costs. The City could calculate the overall percentage increases to deparftnent budgets and apply this increase to existing fee levels. These costs may also be predictable, but the City must take special care to exclude cost components from the calculations that are not related to fee activities, as was done in the original fee study. ll'ohlford Consulting Page 46 of48 March 30, 2016 ffr tsiir: 2015 Full Cost of Services (User Fee) Study FINAL RJPORT CONCLUSION o Budget and other cost data . Staffing structures o Fee and service structurcs, organization, and descriptions o Time estimates to complete work tasks . Activiry statistics (fee volumes) and current fee levels . Multiple reviews of draft results and other documentation o Information and characterizations of existing relevant issues and policies A Cost of Service Study requires significant involvement of the managers and operating staff from the City departments on top of their existing workloads and competing priorities. The contributions of City staff were critical to the success of the study. The individuals involved should be commended for their assistance, professionalism, positive attitudes, helpful suggestions, responsiveness, and overall cooperation. In particular, I|ohlford Consulting wortld like to recognize and thank the following City staff for their considerable assistance: Communitv Development Parks and Recreation Joseph Cyr Kevin Gardiner William Meeker . Margaret Glomstad o Tim Barry . Karen Hager . Nicole Acquisti . Joleen Helley o Robert Disco Public Works o Martin Quan. Afi Morimoto Police Michael Matteucci Christine Granucci Closing Comments The City of Burlingame engaged Wohlford Consulting to conduct an objective analysis of the full costs incurred by the City in support of various activities for which the City charges user Woh$ord Consulting Page 47 of 48 March 30,2016 Thank You to City Stafi As part of the study process, the consultant received tremendous supPort and cooperation from City staff, who contributed and reviewed a variety of components to the study, including: Finance o Carol Augustine o Diana Truong Other Department staff probably contributed to the study with data collection and input behind the scanes, but they did not work directly with the consultant (so their names are unknown to the consultant). Nevertheless, they should be commended for their assistance towards the completion ofthe study, as well. AE 2015 Full Cost of Services (User Fee) Study FINAL Rf,,PORT fees. The project consisted of high-quality study processes and a unit cost build-up methodology to identi$ the full cost for individual fee activities. Through this Study, the City of Burlingame has a more complete understanding of the full cost to provide City user fee services to the community. With this information, the City can consider the public policy and financial implications of its current approach to cost recovery for these services. The end result will be a new fee schedule that is based upon an objective analysis. ll/ohlford Consulting Page 48 of48 March 30,2016 o IL o-o- Et U I b3 hb inE trbOE !i o, =a) !., -oq) r*qoo>\ot->(n i)EOE>. pE :o O\J q)O S:Ea>}E9oo i.)E FE z zz rl teaFJ a Fa I : X ztl EAaY 6i El.9& .Jd<3,2 a U r.) 6l :!.';I ;- (o oNo E =t (o oo, CIo- .xDc o,)o-o- Eoo o o = oFJfouu) z Il- o =zz .)o, o BsH EEa:t!uJ €E = ,q9.s IL G, s s sss s s s s s s ss s E q r.i 6!a o- @- T<; o. c.i ri \ r._;& c9Of<i=aa ai q .!a qc tr)- t_ g c o. _t E ;iEE3 c s s q s s ss q t-- c,i s q ,q 9.s l!c s q I 9 .'j q\c i; r o,o D o E! +too c?q N q (r)- .! .,i o- o- q o u. E o rt q - c; q9 -T- 6i N.i ---: Eiir q q -9 tr 3 z c o ! o- E E q. !9 () !IL E 0- -9 I.L tL 9 EH .t<crl N9 .9 lrl .;E-EE EEEE5r EEE' =o 6 29a; <(!r! E t! E 'a -g uJ E E 9.9 aa - -- .9 ,2eAg6EEE'abE! Eoo E E 9 Px6eEp,Pssi oe<o) dE = Z E 0- l E ,9 o l o- E.f .E p o = l 'E (! 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UJ I J- sss +loil l-t TIJuF o J .! j F Fzo ,2 o d 2 z e oul d, ooz J *!ol =doo o- q o F J Fo o :E d 19oc,o- (o oNo -t o o, oo)o(L tr) .=Ecq,oo ED t oo o o = s s s s s .l Io3 d, s Ee d,o oo I I .l Io s s od s a3 d. s Ih !- EEl EFCoo r.-Io a0-iI .9 E o o o q o ! ! ,a F lo l6 p' o-qo o E o a o s e .!2 tts<E!8 Es :t! &q dEE: 6S o ,9 d eo o c x. .9 E .9.s E s o E o (t! st 6l 6& ! F I E eo- ltIi-99 934o- RII oFJloqJu J 2I IIJoz =E l!c, UJo. d IJJ oo UJd Fooo lto d ==lo Et o -9 d. o- Bf ?b q' sHss-(,sEg sf.Jlx{0-* F 6 Jz tt sEEs lll .l.l I ) l s * I s I j FoF d. Ll.l Fo J FoF!tl = ood, G. oz q E u oFao = = t,o Fz =F o ) 24ul E 6z (o oso E-t ; zo =uJ Eo lrJF 5 UJ d, !J IJJ Eo J FoF o oo oo)o(L lr) .x! o)oo ut F; Fo oz !J td,ul d,o EI) oo o o = -9.92 'Eh E8 EE 9q:E 6ob6 o: 9e ;t FF ) F F d IF J I F zo d, o- z zIF uJ d. IJJdo s t b r- j;4 E*soO o i96& s oE 4 E !- ,i;4 EFCo(J o 6& -9 F .E E E o. :"h.93;:6930 E !I 6FJfoulu J z ;oz =dolr-d UJo. c, UJ ooul e,Fooo o e. ==fo Et! o -9 e, o- 6a?h - EH5 tHE \t.J 3sI6=* F6 .: s tJ lr-- t" CLK-Meaghan Hassel-Shearer From: Sent: To: Cc: Subject: Jennifer Pfaff .ijpf @pacbell.net' Sunday, May 01, 2016 1:50 PM GRP-Council PW/ENG-Syed Murtuza Agenda item 8e JPB Caltrain Electrification Honorable Mayor Keighran and Councilmembers- I have read the documents in regard to this agreement and want to stress the importance ofhaving all trees that will, or could be effected (eirher in staging or building areas) properly documented (tagged and inventoried) beforehand. Only in this manner will it be possible to track whether removals, whether deliberate or in error, have been replaced and maintained, longer- term, as specified in the completed EIR. In just the past few months, eucalyptus trees have been felled in Parcel ll, the character-defining eucalyptus grove along Califomia Drive, north of Oak Grove, and there may have been others, elsewhere. Parks was not informed prior to these activities and had to inquire with Caltrain as to what was happening there. Are we aware ifany tracking/tagging system (beyond google-map aerial, which is not very accurate) has been put into place along the conidor in Burlingame? This is particularly critical in our historic eucalyptus groves, but also important in areas where smaller trees like oaks and oleander bushes have functioned for decades as visual and audible screening. These may simply be lost forever and nol replaced, ifthey've never existed on paper, in an inventoried fashion to mitigate. lf I am missing something that Cahrain has underlaken, or will undertake, I would be thrilled to hear otherwise. They should document and include any trees removed since the certification ofthe EIR a year and a halfago, so that these, too, can be replaced. Our ecosystem desperately needs established, mature trees, thousands ofwhich have lined the SF Peninsula Caltrain corridor for over a century. In Burlingame alone, I seem to recall in the EIR that we stand to lose approximately 80 or so trees, most ofthem north ofthe large eucalyptus groves, and to a large degree, the final tally is dependent on the finalized placement ofthe catenary poles. In the case ofunavoidable removals, I have little faith in Caltrain's ability to replace and maintain trees over time, having seen the tree removal debacle on Califomia Drive north ofBroadway several years ago. To this day, that Caltrain-driven removal of several mature casuarina trees opposite homes and unbeknownst to city o{ficials, has not been appropriately mitigated, and we are left with a very large gap ofonly low brown bushes and dead brisbane box trees thal were never adequately watered. All ofthe trees, large and small, along the conidor in Burlingame serve a purpose, particularly those that are well established, because they will require far Iess water than their replacements. They are not only aesthetically pleasing and character defining, but also provide visual screening, noise reduction, and valuable habitat. Please make sure our agreements with Caltrain ensure our majestic trees groves and other valuable greenery will not degrade and gradually disappear over time, because of Caltrain taking shortcuts during this major undertaking. Thank you for your consideration. Jennifer Pfaff 1