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HomeMy WebLinkAboutAgenda Packet - CC - 2016.06.20City of Burlingame Meeting Agenda - Final City Gouncil Monday, June 20, 2016 7:00 PM Council Chambers Neqotiators: Leslie Loomis. Lisa Goldman. Carol Auqustine. Glenn Berkheimer (IEDA), Emplovee Orqanization: AFSCME/BAMM Note: Public comment is permitted on all action ifems as noted on the agenda below and in the non-agenda public comment provided for in item 7. Speakers are asked to fill out a "request to speak" card located on the table by the door and hand it to staff, atthough the provision of a name. address or other identifying information is optional. Speakers are limited to three minutes each; the Mayor may adjust the time limit in light of the number ol anticipated speakers. All votes are unanimous unless separately noted for the record. 1. CALL TO ORDER - 7:00 p.m. - Council Chambers 2. PLEDGE OF ALLEGIANCE TO THE FLAG 3. ROLL CALL 4. REPORT OUT FROM CLOSED SESSION 5. UPCOMING EVENTS 6. PRESENTATIONS a. Presentation of Nine Sports Awards City of Burlingame Page 1 Printed on 6/16/2016 a BURLINGAME CITY HALL 501 PRIMROSE ROAD BURLINGAME, CA 94010 CLOSED SESSION - 6:15 p.m. - Conference Room A a. Approval of the Closed Session Aqenda b. Closed Session Communitv Forum: Members of the Public [Vav Address the Council on any ltem on the Closed Session Agenda at this Time c. Adiournment into Closed Session d. Conference with Labor Neootiator Pursuant to Government Code 54957.6(a) Citv Meeting Agenda - Final June 20,2016 7. PUBLIC COMMENTS, NON.AGENDA Members of the pubtic may speak about any item not on the agenda. Members of the public wishing to suggesl an item for a future Council agenda may do so during this public comment period. The Ralph M. Brown Act (the State locat agency open meeting law) prohibits the City Council from acting on any matter that is not on the agenda. Atlachments: Adootion of an Meetinq l\,4inute s June 6. 2016 Ordinance Related to Floor Area Rati o (FAR) Exemotions r Coveredb Porches and Adoption of a Resolution Findinq that lmplementation sl ihe A endment is Categ oricallv Exempt from Review Pursuant to Section 15305 of the Guid elines lo lmolementation of the California Environmental Quality Act (CEQA)Minor Alterations to Land Use Limitations Attachfients:Staff Reoort CEQA Resolution c Adoption of Ordinance a Resolution Aoorovinq a Salarv Ranqe Adiustment to the Citv Librarian Adoption o Class ification Attachments:Staff Report Resolution f a Resolution Accepti nq the Sanchez Bvoass and Neiqhborhood Sewer habilitation Phase 4 UI No. 8262 Attachments:Staff Report Resolution Final Proqress Pavment Proiect on l\,4a0 Adoption of a Resolution Ame ndino the Aqreements with l/asslvlutual and Reliance Trust Comoanv Attachfients:Staff Reoort Resolution City of Bu ingame Page 2 Printecl on 6/16/2016 City Council 8. APPROVAL OF CONSENT CALENDAR Consent calendar items are usually approved in a single motion, unless pulled for separate discrsslon. Any member of the public wishing to commenl on an item listed here may do so by submitting a speaker slip for that item in advance of the Council's consideration of the consent calendar. a. Aoproval of Citv Council l\,4eetino tvlinutes June 6. 2016 d. e. f. Adoption of a Resolution Amendino the Citv of Burlinoame Conflict of lnterest Code to Revise the List of Des iqnated Official s and EmDlovees Allachments:Staff Reoort Resolution rino and Adootion of Resolutions (1) Ad otino the FY 2016-1 7 OoeratinobPublic H and Capital Budoets and Autho rizino the Finance Di rector to Assion Uses of Fund Balance Amounts : and (2) ApDrovinq the Gann AP Drooriation Limit Attachments:Staff Reoort Resolution Resolution - Gann Limit FY 2016-17 P oosed Budoet 10. STAFF REPORTS AND COMMUNICATIONS (Public Comment) a. b. Approval of the Recommendation of Councilmembers Brownrioo and Cols on for the Distributio of $45.000 in Additiona I Communitv Grou s Fun dino Attachnents: Staff Report IMemo from ncilmembers Brown a nd Colson c Adootion of a R esolution Authorizino the C itv [Vlanaoer to Execute an reement with the San Mateo U nion Hioh School District atic Center at City of Bu ingama Page 3 eqardinq the Burlinqame Aq Printed on 6/16/2016 Burlinoame Hi oh School Attachments:Statf Report Resolution Aoreement city Council Meeting Agenda - Final June 20,2016 9. PUBLIC HEARINGS (Public Comment) a. Public Hearinq to Renew the Lew and Collection of Assessments for the Downtown Burlinqame Avenue Streetscaoe lmprovements Proiect for Fiscal Year 2016-17 Attachrnents: Staff Report Resolution Annual Enoineer's Report Staff Report with Attachments - June 6, 2016 Adootion of a Resolution Aoorovinq a Memorandum of Understandinq between Teamsters Local 856 and the CltV of Burlinoame and Authorizinq the Citv Manaqer to Execute the Memorandum on Behalf of the Citv Attachments: Staff Reoort Resolution Memorandum of Understandinq City Council June 20,20'16 11. COUNCIL COMMITTEE AND ACTIVITIES REPORTS AND ANNOUNCEMENTS Councilmembers repofi on committees and activities and make announcements, 12. FUTURE AGENDA ITEMS 13. ACKNOWLEDGMENTS a.Commission [,4eetino Minutes - Traffic, Safe tv a nd Parkino Commission - Mav 12. 2016 14. ADJOURNMENT Notice: Any attendees wishing accommodations for disabilities please contact the City Clerk al (650)558-7203 at least 24 hours before the meeting. A copy of the Agenda Packet is available fot public review at the City Clerk's office, City Ha , 501 Primrose Road, from 8:00 a.m. to 5:00 p.m. before the meeting and at the meeting. Visit the City's website at www.burlingame.org. Agendas and minutes are available at this site. NEXT CITY COUNCIL MEETING - Next regular City Council Meeting - Tuesday, July 5, 2016 VIEW REGULAR COUNCIL MEETING ONLINE AT WWW.BURLINGAME.ORG . GO TO "CITY COUNCIL VIDEOS" Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection at the Water Office counter at City Hall at 501 Primrose Road during normal bus,ness hours. CiU of Burlingame Printed on 6/16/2016 Meeting Agenda - Final Agenda Item 8a Meeting Date z 6/20/L6 BURLINGAME CITY COUNCIL Unapproved Minutes Regular Meeting on June 612016 I. CALL TO ORDER A duly noticed regular meeting of the Burlingame City Council was held on the above date in the City Hall Council Chambers. 2. PLEDGE OF CE TO THE FLAG The pledge of allegiance was led by Jennifer Pfaff. 3. ROLL CALL MEMBERS PRESENT: Beach, Brownrigg, Colson, Keighran MEMBERS ABSENT: Ortrz 4. REPORT OUT FRO CLOSED SESSION The Council met in closed session and considered two items but no reportable action was taken. 5. UPCOMING EVENTS Mayor Keighran reviewed the upcoming events taking place in the City 6, PRESENTATIONS a. PRESENTATION OF NINE SPORTS AWARDS This presentation was delayed until the June 20,2016 City Council Meeting. 7. PUBLIC COMMENTS There were no public comments. 8. CONSENT CALENDAR Mayor Keighran asked the Councilmembers and the public if they wished to remove any items from the Consent Calendar. Councilmember Colson pulled item 8m and Councilmember Beach pulled item 8c. Burlingame City Council Unapproved Minutes June 6,2016 i Agenda Item 8a Meeting Datez 6/20/L6 Councilmember Brownrigg made a motion to approve 8a, 8b, 8d, 8e, 8f, 89, 8h, 8i, 8j, 8k, and 8l; seconded by Councilmember Beach. This motion was approved unanimously by voice vote, 4-0-1. APPROVAL O THE CITY COUNCIL BUDG ET SESSION MEETING S MAY 11.a. 2016 CC Hassel-Shearer requested Council approve the City Council Budget Session Meeting Minutes of May 1 1, 20t6. b. APPROVAL OF CITY COUNCIL MEETING MAY 16,2016 CC Hassel-Shearer requested Council approve the City Council Meeting Minutes of May 16,2016. c.ADOPTION OF A RE OLUTION AUTHORIZING THE CITY AGER TO AMEND THE AGREEMENT WITH ALL CITY MANAGEMENT SERVICES (ACMS) FOR CROSSING GUARD SERVICES Police Chief Wollman requested Council adopt Resolution Number 45-2016. Councilmember Beach asked if the City pays for the crossing guards at every elementary school site in the City of Burlingame or is the cost shared with the School District. City Manager Goldman explained that the City pays for 7 crossing guards and that the City shares the costs with the School District for any additional crossing guards. Mayor Keighran opened the item up for public comment. No one spoke. Councilmember Beach made a motion to adopt Resolution Number 45-2016; seconded by Councilmember Brownrigg. This motion passed unanimously by voice vote,4-0-1. d. ADOPTION OF A RESOLUTION TO RENEW AN INFORMATION SERVICES CONTRT{CT WITH CAINE COMPUTER CONSULTING. LLC. TO PROVIDE INFORMATION TE CHNOLOGY SERVICES FOR THB CE DEPARTMENT Police Chief Wollman requested Council adopt Resolution Number 46-2016 e.F A RESO AND AUTH MANAGER TO EXECUTE AN AG WITH THE BURLINGAME CHAMBER OF COMMERCE TO PRO VIDE INFORMATION AND PROMOTION CES IN FISCAL YEAR 2016-2017 City Manager Goldman requested Council adopt Resolution Number 47-2016 f.ADOPTION OF A RE LUTION AUTHORIZING THE CITY AGER TO EXECUTE AN AGREEMENT WITH THE PENINSULA CONFLICT RESOLUTION CENTER FOR DISPUTE RESOLUTION SERVICES City Manager Goldman requested Council adopt Resolution Number 48-2016. 2 Burlingame City Council Unapproved Minutes June 6,2016 ! Agenda Item 8a Meeting Datez 6/20/16 ADOPTION OF RESOLUTIONS AWARDING A CONSTRUCTION CONTRACT TO RANGER PIPELINES INC. FOR THE EASTON ADDITION. RAY PARK. AND NEIGHBORHOOD SF"WER REHABILITATION PROJECT PHASE I, CITY PROJECT NO. 84190, AND APPROVING A PROFESSION SERVICES AGREEMENT WITH HATCH MOTT MACDONALD FOR CONSTRU MANAGEMENT SERVICES RELATED TO THE PROJECT DPW Murtuza requested Council adopt Resolution Number 49-2016 and Resolution Number 50-2016 Councilmember Brownrigg made brief comments about items 8g and 8h. He discussed the signs next to City projects that explain what the project is for and how it is paid. He asked that the City of Burlingame consider adopting this suggestion as it would allow the community to know more about the projects that the City is undertaking. PROJECT NO. 83510. AND APPROVING A PROFESSIONAL SERVICES AGREEMENT WITH HATCH MOTT MACDONALD FOR CONSTRUCTION MANAGEMENT SERVICES RELA TO THE PROJECT DPW Murtuza requested Council adopt Resolution Number 5l-2016 and Resolution Number 52-2016 i. ADOPTION OF RE LUTIONS INITIATING PROCEEDINGS FOR RENEWING THE LEVY AND CO ON OF ASSESSMENTS FOR THE OWN BURLINGAME AVENUE STREETSCAPE IMPROVEMENT PROJECT FOR FISCAL YEAR 2016-17 DPW Murtuza requested Council adopt Resolution Number 53-2016, Resolution Number 54-2016 and Resolution Number 55 -2016. j.ADOPTION OF A LUTION AUTHORIZING AMENDMENT OF THE CITY ATTORNEY'S EMPLOYMENT AGREEMENT RO PROVIDE A SALARY INCREASE DPW Murtuza requested Council adopt Resolution Number 56-2016. K. REJECTION OF ALL BIDS AND AUTHORIZATION FOR STAFF TO RE.BID THE VILLAGE PARK PLAYGROUND RENOVATION _PRO.IECT #R443O Parks and Recreation Director Glomstad asked Council to reject all bids for the Village Park Renovation Project and authorize staffto re-advertise the project to obtain new bids. t.RECOMMENDATION TO ISSUE A REO T FOR PROPOSALS FOR THE GOLF CENTER Parks and Recreation Director Glomstad asked Council to allow staff to issue a Request for Proposals for the Golf Center site due to the impending expiration of the current agreement. Burlingame City Council Unapproved Minutes aJ June 6,2016 a h. ADOPTION OF RESOLUTIONS AWARDING A CONSTRUCTION CONTRACT TO CRATUS, INC. FOR THE EL CAMINO REAL WATER MAIN IMPROVEMENTS. CITY Agenda ltem 8a Meeting Date: 6/20/16 nl. CITY COMMENTS REGARDING GOVERNOR'S "BY RIGHT'' HOUSING PROPOSALS Councilmember Colson stated that the Governor's housing proposal allows developers to include a minimal amount of affordable housing in a project and in exchange bypass the community comment and review period. She stated that in a city like Burlingame, the community prides itself on its ability to provide ^feedback and input for projects occurring in the City limits. Accordingly, Councilmember Colson stated that she felt the Govemor's proposal harmed the transparency that the City tries to achieve. She thanked staff for drafting a letter that explained the City's opposition to the proposal and let the community know that they could also write letters to the state legislature with their thoughts on the legislation. Councilmember Brownrigg stated he liked the letter but had a couple of suggestions for how to improve the letter. He stated that the following language should be added: "But indeed we believe that this proposal which is clearly meant to combat "nimbyism" as a perceived obstacle to additional housing projects will actually exacerbate community concem and make it much more difficult for Cities like ours to actually move forward with such ambitions. In other words, this proposal will be counterproductive to our goals of increasing the stock of affordable housing." Councilmember Beach stated her agreement with her colleagues. She explained that it is important to not circumnavigate the process. She discussed the current project the City is considering of Lot F and N and if that should be included in the letter. CD Director Meeker stated that they could include this project. Mayor Keighran discussed the amendments that are currently being discussed for the general plan. She echoed the concem that the "by right" process would skirt the City's transparency by not allowing the community to discuss housing projects. Mayor Keighran opened the item up for public comment. No one spoke. Councilmember Brownrigg made a motion to adopt the letter with suggested edits; seconded by Councilmember Colson. The motion passed unanimously by voice vote; 4-0-l. 9. PUBLIC HEARINGS PUBLIC ING AND ADOPTION OF A ESOLUTION APPROVING THE CITY OFa. BURLINGAME MASTER FEE SCHEDULE EFFECTIVE JULY 5. 2016 Finance Director Augustine requested Council adopt Resolution Number 57-2016. Finance Director Augustine presented the staff report discussing the proposed amendments to the Master Fee Schedule that would be effective starting July 5, 2016. She explained that staff with the help of consultants completed a cost allocation plan and user fee study. She stated that staff presented their recommended amendments to the Master Fee Schedule at the May 2nd City Council meeling. She stated that at the May 2nd meeting, Council voiced their concern that some of the fees were increasing by more than 100%. Accordlngly, after the May 2nd meeting staff created a worksheet to explain the increases in fees and limited fee increases to a IOO%. As well, she explained that staff acted on Council's recommendation of adding more tiers to the fees associated with condo developments. Burl ingame City Council Unapproved Minutes 4 June 6,2016 Agenda Item 8a Meeting Datez 6/20/t6 Councilmember Colson asked if most City fees were paid in advance. Finance Director Augustine explained that most fees are paid in advance. Councilmember Colson stated that field usage fees were calculated at the end of the season and then the different organizations are billed. She stated that she would like field users to account for their residents and nonresidents at the beginning of the season and pay their fees upfront. She added that if at the end of the season there was a difference the City could roll over a credit or debit to the next season. City Manager Goldman stated that she would have this topic brought to the Parks and Recreation Commission to discuss and determine how best to bill field users. Mayor Keighran opened the item up for public hearing. No one spoke. Councilmember Colson made a motion to adopt Resolution Number 57-2016;' seconded by Councilmember Beach. The motion passed unanimously by voice vote,4-0-1. b. ADOPTION OF THE 2015 URBAN WATER MANAGEMENT PLAN AND THE ASSOCIATED WATER SHORTAGE C GENCY PLAN FOR THE CITY OF BURLINGAME DPW Murtuza requested Council adopt Resolution Number 58-2016 DPW Murtuza reviewed the staff report stating that the Urban Water Management Planning Act requires water suppliers to prepare or update their Urban Water Management Plans ("UWMP") and submit a complete copy to the California Department of Water Resources every five years. Burlingame's last UWMP was prepared in 2011, and therefore a revised UWMP is due by June 30,2016. EKI's MattZuccapresented the highlights of the updated UWMP. He stated that the UWMP must include both the City of Burlingame and Burlingame Hills (which is unincorporated). He explained that after determining the area that the UWMP covers, EKI predicted the population and job size going forward to 2040. He stated that with this information, the UWMP was able to project the area's water consumption levels. He also reviewed the City's past usage of water. He stated that while population is seen as steadily increasing, the water consumption rates go up and down depending on the economy and droughts. Councilmember Brownrigg asked if the data was broken down by industrial, govemment, residential, etc. so that they would be able to monitor the effectiveness of some of the government's conservation efforts. Mr. Zucca replied in the affirmative. He stated that the City had this data going back to the 1990s. Mr. Zucca reviewed the projected water demands. He began by explaining the term passive conservation, stating that this is when people replace their appliances with new energy and water efficient appliances. He stated that this has helped the City stay below its supply guarantee from San Francisco of 1,909 MGY. Councilmember Brownrigg asked if the term "water demand" only referred to potable water. Mr. Zucca replied in the affirmative. Mr. Zucca continued by explaining that the UWMP must document water to lower income households. He stated that lower income is defined as 80% of the area's median income. Accordingly, the housing element projected a need of 2,783 extremely and very low income units by 2020. 5 Burlingame City Council June 6, 2016 Unapproved Minutes Agenda ltem 8a Meeting Date: 6/20/A6 He discussed the need to plan for projected single dry years versus multiple dry years. He explained that cities are required to develop a water shortage contingency plan ("WSCP"). The WSCP is considered a standalone document and cin be modified by Council in the future without amending the UWMP. He explained that under the WSCP, the City is required to show five stages of actions (with increasing water reiuction rates). He explained that each stage shows what restrictions and prohibitions will be applied to target different reduction rates. Councilmember Beach asked if the City can incorporate future industry and housing projects that staff are aware of in the UWMP so that the document has a longer shelf life. DPW Murtuza stated that in terms of ensuring the City gets enough water from San Francisco, staff has been working with San Francisco and BAWSCA to include upcoming projects. Mayor Keighran discussed the amendments to the General Plan and asked if there was a way to calculate what the Cily's future needs would be for water. She stated that she felt this information should be included with the General Plan when they discuss rezoning. DPW Murtuza stated that currently the City is guaranteed 5.23 million gallons of water from San Francisco a day. He stated this guarantee is when the water levels are normal however this will decrease if levels drop. DPW Murtuza said technically speaking the City could incorporate how the water supply would handle rezones. Mayor Keighran opened up the public hearing. No one spoke' Councilmember Brownrigg made a motion to adopt Resolution Number 58-2016; seconded by Councilmember Colson. The motion passed unanimously by voice vote, 4-0-l ' C. INTRODUCTION OF AN ORDINANCE AMENDING TITLE 25 OF THE BURLINGAME MUNICIPAL CODE (ZONE CODE) RELATED TO COVERED PORCH FLOOR AREA RATION GAR)EXEMPTIONS At the beginning of this item, Councilmember Colson recused herself. She stated that she currently had a project under review in Community Development that included a porch, and therefore she stated that it was best that she recuse herself from this public hearing. CDD Meeker presented the staff report introducing an Ordinance to amend Title 25 of the Burlingame Municipal Code related to covered porch floor area ratio exemptions. He explained that at the May 16,2016 City Council meeting, Council discussed the proposed ordinance that would amend the floor area exemption for covered porch floors from 100 feet to 200 feet. He reviewed Council's concern that the exemption should only apply to street facing porches and not porches located on the rear of the building. Accordingly, the proposed ordinance was amended so that it reads: "Covered porches or decks on the first floor totaling two hundred (200) square feet or less, which face a street and are not located on the rear of the dwelling." Mayor Keighran asked City Clerk Hassel-Shearer to read the title of the Ordinance. Councilmember Brownrigg made a motion to waive further reading and introduce the Ordinance; seconded by Councilmember Beach. The motion passed unanimously by voice vote, 3-0-2 (Councilmember Colson had recused herself from this item and Vice Mayor Ortiz was absent). Mayor Keighran opened the public hearing. No one spoke. 6 Burlingame Cify Council Unapproved Minutes June 6,2016 City Manager Goldman asked that the Council make an appointment to fill two vacancies on the Library Board of Trustees. She reminded the Council that they conducted interviews with Lisa Rosenthal, Elisabeth Ostrow, Leonard Heymann and Andrew Blanco on May 23'd for three year appointments, ending on June 30, 20t9. Agenda Item 8a Meet,ing Date z 6/20/L6 Mayor Keighran directed the City Clerk to post a notice at least five days before the proposed adoption. 10. STAFF REPORTS AND COMMUNICATIONS ^. CONSIDERATION OF APPOINTMENTS TO THE LIBRARY BOARD OF TRUSTEES The Council voted to appoint Lisa Rosenthal and Andrew Blanco to the Library Board of Trustees. b. ADOPTION OF A RESOLUTION APPROVING THE ALLOCATION OF FUNDING FOR Finance Director Augustine requested Council adopt Resolution Number 59-2016 Finance Director Augustine presented the staff report requesting Council's approval of the allocation of funding for community service organizations for fiscal year 2016-17. She explained that each Councilmember was given a tabulation worksheet in order to make individual funding recommendations The results were then tabulated resulting in the distribution of $45,000 between 20 organizations. Mayor Keighran opened the item up for public comment. No one spoke. Mayor Keighran stated that Council had decided at their last meeting there would be an additional one-time funding to organizations whose focus was on the area's housing needs. She asked when this item would be brought to the Council. City Manager Goldman stated that it would be on the June 20,2016 Meeting Agenda. Councilmember Beach discussed the fact that when she made her funding recommendations that she took into consideration that a one-time additional payment funding of $45,000 would be given to organizations whose focus is on the housing needs of the community. Councilmember Colson made a motion to adopt Resolution Number 59-2016; seconded by Councilmember Beach. The motion passed unanimously by voice vote, 4-0-1. FLORIBUNDA INTERSECTION, AND PROFESSIONAL SERVICES AGREEMENTS FOR THE MANAGEMENT ND FACILITATION OF THE EL CAMINO REAL TASK FORCE PROCESS DPW Murtuza requested Council adopt Resolution Number 60-2016 and Resolution Number 6l-2016. DPW Murtuza presented the staff report requesting Council approve the revised memorandum of understanding with Caltrans relative to the El Camino Real and Floribunda Intersection, and approving 7 Burlingame City Council June 6,2016 Unapproved Minutes COMMUNITY SERVICE ORGANIZATIONS FOR FISCAL YEAR 2016.17 c. ADOPTION OF RESOLUTIONS APPROVING THE REVISED MEMORANDUM OF UNDERSTANDING WITH CALTRANS RELATIVE TO THE EL CAMINO REAL AND Agenda Item 8a Meeting Datez 6/20/L6 professional Services Agreements for the management and facilitation of the El Camino Real Task Force process. He explained that the'No Left Turn" signage was installed on El Camino Real for southbound travel through the Floribunda Intersection. He stated that Caltrans has set up a process to measure the successfulness of the signs. DPW Murtuza explained that originally the Memorandum of Understanding stated that the pilot project would be for 36 months. However, when the MOU was forwarded to Caltrans Headquarters in Sacramento, they expressed concern that the 36 month period would extend beyond the timeline of the current program funding. Accordingly, Caltrans proposed to reduce the duration of the pilot study to 18 months. He stated that there were also minor clarifications as to the scope of work for the El Camino Real ("ECR") Task Force DPW Murtuza stated that staff identified community members who are willing to serve on the ECR Task Force. As well, staff negotiated with the consulting team of Hathaway Associates and Placeworks to manage and facilitate the ECR Task Force. He explained that the key objectives of the ECR Task Force are to review and recommend potential solutions that would retain the character of ECR and improve public health, safety, and infrastructure along ECR. He stated that the consultant recommended that the ECR Task Force focus on just two blocks of ECR as a pilot project. Accordingly, the task force, staff, Caltrans and Councilmembers Brownrigg and Beach walked ECR and identified the stretch of the ECR between Sanchez Avenue and Fairfield Drive as the focus of the pilot project. Mayor Keighran stated that she had thought that a member of the police department was going to be included in the ECR Task Force. DPW Murtuza replied that the police department would be brought in as needed. Mayor Keighran asked about the monitoring of the left turn prohibition. She asked if both the state and the city would receive the results of the pilot project. DPW Murtuza stated that it was discussed that this information would be brought to Council. Councilmember Colson asked if the people on the Community group were all residents of Burlingame. DPW Murtuza replied in the affirmative. Councilmember Beach asked if DPW Murtuza felt that l8 months was enough time to complete the study. DPW Murtuza replied that he would like 36 months but that Caltrans said they could only give l8 months. Councilmember Beach asked if the west side of ECR would be reviewed as well. DPW Murtuza stated that at this time, staff and consultants advised him to only focus on a small area and that eventually they will review other areas. Mayor Keighran opened up the item for public comment. Burlingame resident Jennifer Pfaff discussed an error in the MOU that discusses 4 mature elms that are really 4 mature eucalyptuses and I small elm. Councilmember Brownrigg made a motion to adopt Resolution Number 60-2016 relating to the MOU with the stipulation that for the City's records it is believed that the description of the trees should be "4 mature eucalyptuses and I small elm" and not "4 mature elms"; seconded by Councilmember Beach. The motion passed unanimously by voice vote, 4-0-1. Burlingame City Council Unapproved Minutes 8 June 6,2016 Agenda Item 8a Meeting Datet 6/20/76 Councilmember Beach made a motion to adopt Resolution Number 6l-2016 relating to the professional services agreement; seconded by Councilmember Brownrigg. The motion passed unanimously by voice vote, 4-0-1. Councilmember Brownrigg made a motion to approve the members of the Community Group for the ECR Task Force which includes: Jennifer Pfafl Bobbi Benson, Michael Weibracht, Ed Neizman, Gaird Schlesinger, Howard Wettan and Richard Kirchner; seconded by Councilmember Colson. The motion passed unanimously by voice vote,4-0-1. d. ADOPTION OF A RE,SOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A DISPOSITION AND DEVELOPMENT AGREEMENT WITH PACIFIC WEST COMMUNITIES,INC. FOR BURI,INGAN{E CITY PARKING LOTS F AND N City Attorney Kane requested Council adopt Resolution Number 62-2016. City Attorney Kane presented the staff report requesting Council authorize the City Manager to execute a disposition and development agreement ("DDA") with Pacific West Communities, Inc. for Burlingame City Parking Lots F and N. She briefly reviewed the history of the project. She explained that in2014 staff issued a request for proposals seeking qualified developers interested in creating affordable housing and enhanced parking facilities on City Parking Lots F and N. Pacific West Communities was identified as the preferred company to work with on this project. Then during the April 4,2016 City Council meeting, Council entered into an exclusive negotiating agreement with Pacific West Communities. City Attorney Kane explained that usually the next step after entering into an exclusive negotiating agreement is not a disposition and development agreement. She stated that usually the City and developer would next discus the exact mechanism of transfer - ground lease versus sale, the value of the lots and determines the appropriate review under CEQA. However, Housing and Urban Development ("HUD") has cut off a key funding stream for affordable housing in this area as of June 15,2016. Accordingly, in light of this move, it is essential that the developer have the DDA prior to June 15, 2016. She explained that while this was not the usual timeline, that the DDA does provide a framework for milestones and commitments by both the developer and the City to move the project toward approval, modification or denial in a timely manner. She reviewed the fact that an appropriate review under CEQA would still need to be done. Councilmember Colson asked how the Govemor's By-Right housing proposal fits in with this project. City Attomey Kane stated that the things the developer is agreeing to in the DDA are by contract, which is independent of the Governor's proposal. City Attomey Kane went on to explain that if there are things not covered in the DDA, this might have an impact on how some of the details are processed. City Attorney Kane emphasized that the title to the land is not transferred to the developer until all details and plans have been finalized. She stated that this acts as the final fail safe. Councilmember Brownrigg stated his support for the project. He asked that the downtown subcommittee be made available to this project. He stated that this request came from a concern about the timeline for the project and to ensure that the project is completed. City Attorney Kane stated that an advantage to the tight timeline is that the Council will know sooner rather than later if the project is feasible. Burlingame City Council ' ,une 6,2016 Unapproved Minutes Agenda Item 8a Meeting Datez 6/20/16 Mayor Keighran opened up the item for public comment. Burlingame resident Jennifer Pfaff asked about the setbacks on the project and if there were protections on this matter. City Attorney Kane said she would look into this but that it was covered generally in the fact that the project has to comply with the City's relevant zoning. Councilmember Brownrigg asked Pacific West Communities, Inc. about engaging the public. CEO Caleb Roope stated that regardless of if the Governor's proposal passes, Pacific West Communities, Inc. likes to work with the local gou.*rn"rt and community. He stated that the company is committed to working with the community to ensure that all are happy with the project' Councilmember Colson stated that the Council is sensitive to the fact that the City is conveying public assets and it is important to ensure that the public is gaining a benefit. Councilmember Brownrigg made a motion to adopt Resolution Number 62-2016; seconded by Councilmember Beach. The motion passed unanimously by voice vote,4-0-1. 11. COUNCIL COMMITTEE AND ACTIVITIES REPORTS AND ANNOUNCEMENTS Council reported on various events and committee meetings they each attended on behalf of the City. 12. FUTURE AGENDA ITEMS There were no future agenda items. 13. ACKNOWLEDGEMENTS a. COMMISSION MEETING MINUTES: TRAFFIC. SAFETY AND PARKING COMMISSION - APRrL 14.2016.I,IBRARY BOARD OF TRUSTEES - APRIL 19.2016 b. MAY.2016 PERMIT ACTIVITY 14. ADJOURNMENT Mayor Keighran adjourned the meeting at 9:11 p.m. in memory of Susan Klein. Respectfully submitted, Meaghan Hassel-Shearer City Clerk Burlingame City Councit Unapproved Minutes 10 June 6,2016 STAFF REPORT AGENDA NO: 8b A. MEETING DATE: June 20,2016 To:Honorable Mayor and City Council Date: June 20,2016 Subject:Adoption of an Ordinance Related to Floor Area Ratio (FAR) Exemptions for Covered Porches and Adoption of a Resolution Finding that lmplementation of the Amendment is Categorically Exempt from Review Pursuant to Section 15305 of the Guidelines to lmplementation of the California Environmental Quality Act (CEOA) Minor Alterations to Land Use Limitations RECOMMENDAT!ON The City Council should adopt the following resolution by title only: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME FINDING THAT ADOPTION OF AN ORDINANCE AMENDING TITLE 25 OF THE BURLTNGAT\,E MUNtCtpAL CODE (ZONtNG ORDTNANCE) C.S. 25.08.265 (DEFTNTTTONS - FLOOR AREA RATTO (FAR)), REVtStNG FLOOR AREA RATIO EXEMPTIONS FOR COVERED PORCHES IS CATEGORICALLY EXEMPT FROM REVIEW UNDER TO THE CALIFORNIA ENVIRONMENTAL QUALTTY ACT (CEQA), PURSUANT TO SECTTON 15305 OF THE CEQA GUTDELTNES (MTNOR ALTERATTONS TO LAND USE LtM|TAT|ONS) The City Council should adopt the following ordinance by title only: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BURLINGAME AMENDTNG TrTLE 25 OF THE BURLTNGAME MUNtCtpAL CODE (ZON|NG oRDTNANCE) C.S. 25.08.265 (DEF|N|T|ONS - FLOOR AREA RATTO (FAR)), REVISING FLOOR AREA RATIO EXEMPTIONS FOR COVERED PORCHES DISCUSSION The City Council discussed the proposed amendment at duly noticed public hearings on May'16, 2016 and June 6, 2016. A modified version of the proposed ordinance was introduced by the City Council on June 6th (see attached ordinance). A resolution finding that implementation of the amendment will not result in adverse environmental impacts pursuant to the California Environmental Quality Act (CEQA) is attached herewith to complete the amendment process as discussed on June 6th. B 1 From: William Meeker, Community Development Director - (650) 558-7255 Adoption - FAR Exemption for Covered Porches FISCAL IMPACT None Exhibits: . CEQA Resolution . Ordinance June 20,2016 2 A RESOLUTION OF THE CIry COUNCIL OF THE CITY OF BURLINGAME FINDING THAT ADOPTION OF AN ORDINANCE AMENDING TITLE 25 OF THE BURLINGAME MUNICIPAL coDE (zoNtNG oRDtNANCE) C.S. 25.08.265 (DEFTNTilONS - FLOOR AREA RAT|O (FAR)), REV|S|NG FLOOR AREA RATTO EXEMPTTONS FOR COVERED PORCHES tS CATEGORICALLY EXEMPT FROM REVIEW UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEOA), PURSUANT TO SECTION 15305 OF THE CEQA GUIDELINES (MINOR ALTERATIONS TO LAND USE LIMITATIONS) THE CITY COUNCIL OF THE CITY OF BURLINGAME hereby finds that Amendment of Title 25 of the Burlingame Municipal Code (Zoning Ordinance) to provide for an exemption from maximum Floor Area Ration (FAR) for street facing porches of 200 square feet or less on single-family dwellings constitutes a minor amendment to the City's land use limitations that will not result in a significant change in densrty or land use within the affected zoning districts; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BURLINGAME THAT the amendment to the exemption from FAR for porches related to single- family dwellings is Categorically Exempt from review under the CEQA, pursuant to Section 15305 of the CEQA Guidelines which states that minor alterations in land use limitations in areas with an average slope of less than 20%, which do not result in any changes in land use or density, are exempt from environmental review. No significant environmental impacts would occur as a result of this amendment. Ann Keighran, lt/ayor 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 20th day of June, 2016 by the following vote: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILIT'IEII/BERS: nileaghan Hassel-Shearer, City Clerk RESOLUTION NO. AYES: NOES: ABSENT: 1 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BURLINGAME AMENDING TITLE 25 OF THE BURLINGAME MUNICIPAL CODE (ZONING oRDtNANCE) C.S. 25.08.265 (DEFlNlrloNs - FLOOR AREA RATIO (FAR)), REVISING FLOOR AREA RATIO EXEMPTIONS FOR COVERED PORCHES 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 25.08.265 (Definitions - Floor Area Ratio), allows covered porches or decks on the first floor totaling one hundred (100) square feet or less to be deducted from the floor area computation for single family residences are; and WHEREAS, the provision of streelfacing covered porches contributes to a positive relationship between homes and the surrounding neighborhood; and WHEREAS, the Burlingame Planning Commission considered amendments to the floor area exemptions for covered porches at public hearings held on Novembet 23,2015, January 11,2016 and April 11, 2016; and wHEREAS, following a duly noticed public hearing on April 1'1, 2016, the Burlingame Planning Commission recommended that the floor area deduction for covered porches or decks on the first floor of single family residences shall be increased from one hundred (100) square feet to two hundred (200) square feet; and WHEREAS,theCityCounciloftheCityofBurlingameconducteddulynoticed public hearings on May 16, 2016 and June 6, 2016 at which it considered the Planning Commission's April 11, 2016 recommendation regarding the floor area deduction for covered porches or decks on the first floor of single family residences; and WHEREAS, after considering all written and oral testimony presented at the NIay 16, 2016 and June 6,2016 public hearings regarding the proposed amendment, 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 . The Burlingame Municipal Code, Title 25 - Chapters 25.08.265 (Definitions -2 Floor Area Ratio), is amended as follows (amendments are shown in bold italics) Chapter 25.08 DEFINITIONS 25.08.256 Floor Area Ratio (FAR). oRDTNANCE NO. _ 1 (a) "Floor area ratro" or "FAR" means the ratio of the gross square footage of the floor area of a building or buildings to the lot on which the building or buildings are located. FAR for any lot includes new structures to be built and those remaining. (b) Single-FamilyResidential. (1) ln calculating FAR on a lot, the measurement shall include the gross floor areas of the primary dwelling, attached garages, and all accessory structures on foundations, and shall include all basements with a ceiling height of six (6) feet or greater. Open spaces within the structure that are higher than twelve (12) feet shall be counted as two (2) floors. (2) Up to six hundred (600) square feet of basement with a ceiling height of six (6) feet or greater shall be deducted from the floor area measurement for FAR under subsection (bX1) above if it meets both of the following standards: (A) The top of the finished floor above the basement is less than two (2) feet above existing grade; and (B) No part ofthe basement is intended or used for parking. (3) Deducted from the floor area computation for single family residences a re: (A) Covered porches or decks on the first floor totaling two hundted (200) square feet or less which face a street and are not located on the rear of the dwelting. An area under a balcony shall be considered a covered porch if the balcony is over an exterior exit from the building; and (B) Uncovered balconies and decks on the second floor; and (C) Existing attic areas that are retained or reduced, but not extended in new construction. ln all other cases, habitable attic areas shall be counted as floor area in calculating FAR; and (D) Accessible space between the surface of the ground and the bottom of the first floor joists that measures less than six (6) feet in height shall not be counted as floor area in calculating FAR; and (E) Lower floor or basement of one hundred (100) square feet or less, even if the lower floor or basement extends more than two (2) feet above existing grade. (c) CommercialDevelopment. (1) ln calculating FAR for commercial development the measurement shall apply to the gross floor area of the building above the average elevation of the curb opposite the front wall and does not include basements or cellars. (A) For parking structures and buildings having enclosed space without floors, each twelve (12) feet in height shall be considered as a story. ln addition, each fraction of twelve (12) feet in height shall be calculated as a fraction of a story. The calculated gross floor area of parking structures, auditoriums and other buildings with large enclosed spaces shall be determined by multiplying the covered lot area by the equivalent number of stories plus any fraction thereof. (B) The floor area for the parking structure or building having enclosed space without floors will then be added to the floor area of the other building space on-site and dividing by the total lot area of the project. 2 oRDTNANCE NO. _ ORDINANCE NO. (2) Exempted from floor area ratio computation for commercial development are: (A) Chimneys, cupolas, flag poles; (B) Water tanks, elevator penthouses or other mechanical appurtenances; and (C) Fire or hose towers. (3) ln some of the commercial districts in the city, a separate maximum floor area ratio is established for a particular use on a lot as well as a maximum overall floor area ratio for a lot. Division 3. This ordinance, or a summary as applicable, shall be published as required by law and shall become effective 30-days thereafter. Ann Keighran, lt/layor l, I\/eaghan 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 6th day of June 2016, and adopted thereafter at a regular meeting of the City Council held on the 20th day of June 2016, by the following vote: AYES: NOES: ABSENT COUNCILMEMBERS: COUNCILMEMBERS: COUNCILN/IEMBERS: Meaghan Hassel-Shearer, City Clerk 3 STAFF REPORT AGENDA NO:8c MEETING DATE: June 20,2016 To:Honorable Mayor and City Council Date: June 20,2016 From: Leslie Loomis - (650) 558-7209 Subject: Adoption of a Resolution Approving a Salary Range Adjustment to the City Librarian Classification RECOMMENDATION Staff recommends that the City Council adopt the attached resolution authorizing the City Manager to reduce the salary range of the City Librarian classification to align with the salary range of the Parks & Recreation Director classification. BACKGROUND The City hired a new City Librarian in April 2015. During the recruitment process, the City Manager determined that the salary range for the City Librarian classification was not appropriately aligned with those of other Department Head positions. The City Manager informed the finalist candidate for the City Librarian position that she intended to recommend a reduction of the range to match that of the Parks and Recreation Director. The applicant City Librarian agreed to this reduction before accepting the City Librarian position. DISCUSSION The Parks and Recreation Director's current salary range is $12,252.39 to $14,925.43 a month, while the current City Librarian's range is $12,514.36 to $15,245.36. The difference between these ranges is approximalely 2.1%, which equates to an annual difference of $3,839.16, or $319.93 per month at the top of the range. FISCAL IMPAGT The annual savings will be $3,839.16 a year when the incumbent reaches the fifth step of the range in several years. There is no fiscal impact on the current budget. Exhibit: a Resolution 1 RESOLUTTON NO. _ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME AUTHORIZING AMENDMENT OF THE CITY LIBRARIAN'S ANNUAL SALARY WHEREAS, when the City was recruiting for a new City Librarian, staff determined that the salary range for the City Library was not appropriately aligned with those of other Department Head positions; and WHEREAS, the City Librarian's salary range should be reduced to match that of the Parks and Recreation Director; and WHEREAS, during the recruitment, the applicant City Librarian agreed to this reduction before accepting the City Librarian position; and WHEREAS, the Parks and Recreation Director's salary range is $12,252.39 to $14,925.43 a month, while the current City Librarian's salary range is $12,514.36 to $15,245.36. NOW, THEREFORE, BE lT RESOLVED, the City Librarian salary range will be reduced to $12.252.39 to $14,925.43 a month. AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL IvIEIvIBERS: COUNCIL MEMBERS: Meaghan Hassel-Shearer, City Clerk WHEREAS, staff recommends that the City Council adopt a resolution authorizing the City Manager to reduce the salary range of the City Librarian so that it is the same as the Parks and Recreation Director range; and Ann Keighran, 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 20th day of June, 2016, and was adopted thereafter by the following vote: STAFF REPORT AGENDANO: 8d MEETING DATE: June 20,2016 To: Date From: Honorable Mayor and City Council June 20, 2016 Syed Murtuza, Director of Public Works - (650) 558'7230 Subject: RECOMMENDATION Staff recommends that the City Council adopt the attached resolution accepting the Sanchez Bypass and Neighborhood Sewer Rehabilitation Project, Phase 4 by K. J. Woods Construction, lnc., City Project No. 82623, in the amount of $2,430,306' BACKGROUND on June 15, 2015, the city council awarded the sanchez Bypass and Neighborhood sewer Rehabilitation Project, Phase 4 to K. J. Woods construction, lnc., in the amount of $2'466'000' credits to the CitY' FTSCAL IMPACT Adoption of Neighborhood a Resolution Accepting the Sanchez Bypass and Sewer Rehabilitation Project Phase 4, City Project No. 82623 phase 4 of the sanchez Bypass and Neighborhood sewer Rehabilitation Project is part of a four- phase sanitary sewer bypass improvemJnts project in the Sanchez Avenue area' Phases 1' 2 and 3 were successfully completed in May Z.Oli, May 2013' and December 2014' respectively' The compretion of phaie 4 concrudes tne improvements necessary to increase capacity of the system and reduce the frequency of sanitary sewer overfrows in the Sanchez Avenue area and surrounding vicinity. The project rehabiritatej approxim arery 7,g20 rinear feet of 8-inch to 24-inch diameter sanitary sewer pipeline, 45 sewer manholes, uno'"pproximately 3,200 linear feet of lower sewer laterals for 134 properties' DISCUSSION The project construction has been satisfactoriry compreted in compliance with the plans and specifications. rne tinat constructio" lo.i is $i,430'3oo' *nrcn.it $tl:111-o"low the awarded contract amount. The decrease in construction cost was due to differences in reduced quantities of work, minor deretion of bid items, and change order wort< oue to fierd conditions' Additionally' g15,47g was oeor-iJ"J tro, contru"torl p"vri"nt, to, *'"'insp"ction overtime and construction 1 The foilowing are the estimated finar proiect expenditures I I Acceptance of the Sanchez Bypass and Neighborhood Sewer Rehabilitation Project, Phase 4, City Project No.82623 June 20, 2016 Construction (with deductions) Construction Management and lnspection Administration and Testing $2,430,306 $275,320 $129,000 Total $2,833,626 There are adequate funds available in the Capital lmprovements budget to cover the estimated final costs. Exhibits: o Resolution o Final Progress Payment . Project Location Map 2 RESOLUTION NO._ A RESOLUTION OF THE CIry COUNCIL OF THE CITY OF BURLINGAME ACCEPTING THE SANCHEZ BYPASS AND NEIGHBORHOOD SEWER REHABILITATION PROJECT, PHASE 4, BY K.J. WOODS CONSTRUCTION, INC. RESOLVED by the CITY COUNCIL of the City of Burlingame, California, and this Council does hereby find, order and determine as follows: 1. The Director of Public Works of said City has certified the work done by K.J. Woods Construction, lnc., under the terms of its contract with the City dated July 13, 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 P@ect No 82623' 3. Said work 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 20h day of June, 2016, and was adopted thereafter by the following vote: AYES: NOES: ABSENT COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEIVlBERS: City Clerk CITY PROJECT NO. 82623 ;SJJ:o"'o *' i 1#iL":#Ti,,"J'i;, * TELEPHoNEi a* t**'t"o' "o no',0 SANCHEZ BYPASS AND mffii@ '35^'Jifxfrf ; i.lH,..ITEM # PRICE BID UNIT QUANTITY :SIZE S.F.300 : L.F. 50 1,000 ITEM DESCRIPIION 3.5% of location I bid)to exceed 3.5ol.of location 1 bid) 4 LF of .10,'pipe of Location 2 Bid) to exceed 3.5% of Location 2 Bid) 1 2 3 4 5 6 BID AIVOUNT TO DATE :PAID 1r,400.00 :24.5 8.170/o4,000.00: 0.000/o15,000.00 197.0 19.toyo10,000.00 12.o 12.O0% 19.000/0 I AMoUNT :rIo DATE PREVIOUS PAID AI\4OUNT THIS PMT, ,00 : S.F. : g L.F. : g 931.00 2,955.0o 1,200.00 2,850.00 93 r.00 2,955.00 1,200.00 2,850.00 100 TON :g 15,000.00:'t9.0 : $ $ $ $ $ $ $ $ $ $ 'AL 57, A-2 A-3 A-5 A-6 A-A A-9 A-10 A-11 p#ii,ti'$,ili silh s*:r *,r ; r, :r; I ffifii#;l"5;,-i:,"g#,Y11lSrnhor" e,.u "no rn"t.,r L.S. L.S. L.s. L.F. L,F, EACH EACH EACH $ $ $ $ $ $ $ $ $ $ 1,000.00 '1,000.00 4,000.00 15,000.00 : 220.00 : 50.00 : 5.00: 2,000.00: 4,000.00: 1,415.00: 1,000.00 1,000.00 l 4,000.00: 15,000.00: 8,800.00: 9,350.00: 1,135.00 j 2,000.00: 4,000.00: 1,4't5.00 l 1.0 1.0 1.o ) 1.0 i 40.0 : 18?.o : 227.0 i J.0 : 1.0: 1.0: $ $ $ $ $ $ $ $ $ $ 1 1 1 1 40 1a7 227 1 1 1 100.00% : g ,00.0070 : g 100.00% : g 100.00% : g 100.00% : g 100.00% : g 100.00% : g 100.00% j g ,00.00% : g 100.0020 ; g 1,000.00 1,000.00 4,000.00 15,000.00 8,800.00 9,350.00 1,135.00 | 2,000.00: 4,000.00 j 1,415.00: B-2 B-3 B-4 B-5 B-6 B-7 B-8 '. B-9 i B-10 : B-11 : and and Site I""[ffi fffu{:,,[/i:;y:[::r,8fi , ADandon Existing Sanitary Sewp. ;il:i: :HiJ :ff -ffi iu'^.4" nho,u New 48- Type 1 Manhole Sewer w/ 8,' SDR 26 pVC (Open Cut) (Not to exceed of Location 3 Bid)and Site lnvestigation (Not to exceed 3.S% of Location 3 Bid) :$ :$:$:$ :$:$ :$ :$:$ r$ $ $ $ $ $ $ $ $ $ .t.0 i 1.0: 't.0 j 466.0 : 382.0 : 844.0 .. 108.0: 1.0: 0.0 : 4.o: 1.0; 1.0: 1.0 i 4.0 : 3.0: 1.0: 12.0 : 3.0 | 1.0 : 16.0 : 1.0: 1.0: 1.0 : 1.0 i 10,000.00 7,500.00 6,000.00 230.00 : 230.00: 5.00: 12.00 : 1,4A4.OO I 250.00: 7,000.00: 8,000.00: 2,000.00: 1,500.00: 1,500.00: 7,000.00: 8,000.00 j 800.00: 2,500.00: 1,000.00 : 3,200.00: 300.00: 600.00 : 10,000.00: 7,500.00: 6,000.00: ,06,260.00: 88,320.00: 4,230.00: 1,296.00 : 1,4A4.OO : 2,500.00: 21,000.00: '16,000.00: 2,000.00:.t,500.00 : 7,500.00: 21,000.00: 8,000.00; ,2,000.00: 't0,000.00: 1,000.00: 3,200.00: 5,700.00: ,,200.00: 10,000.00 : g 7,500.00: g 6,000.00: g 107,180.00 : g 87,860.00 : g 4,22O.OO : g.t,296.00 : g 1,484.00 ; g 28,000.00 : g 8,000.00: g 2,000.00: g 1,500.00: g 6,000.00 : g 21,000.00 : g 8,000.00 : g 9,600.00 : g 7,500.00 : g 3,200.00 : g 4,800.00 : g 600.00: g 10,000.00 7,500.00 6,000.00 107,180.00 87,860.00 4,220.o0 1,296.00 1,484.00 1 1 1 462 384 846 108 1 't0 3 2 1 1 3 1 4 1 1 19 2 100.00% : g 100.00yo : g 100.00% : g 100.87% : g 99.48% : g 99.76% : g 100.00% : g 100.00% : g 0.00yo : g 133.33% : g 50.00% : g 100.00% : g 100.00% : g 80.0020 | g 100.00% : g ,00.00% i g 80.00% : g 75.00% : g 0.00% : g 100.00% : g 84.21% : g 50.00% : g 100.00% : g 100.00% : g 100.00% ; g 0.00% : g 100.0070 : g 100.00% : g 100.00% j g 100.00% : g 75.00% : g 100.00% : g 0.00% : g 1200.00% j g i.f i ffI'il1#f".,fl".-',,,$*:*: "B-is : Jnstafl 5 LF pipe Stub and Rec * i,ilt$**n$,fffi ] k *' rr: ; L"#*i"n"'" r1,^" .:,**ifls'liill-l,Jiffi%,;) 28,000.00 8,000.00 2,000.00 1,500.00 6,000.00 21,000.00 8,000.00 9,600.00 7,500.00 3,200.00 4,800.00 600.00 c-2 c-3 c-4 c.5 c{ c.l c-8 c-s c-10 c.11 c-12 c-13 and : Conslruction Suryev : Traffic Control 6,000.00 j 6,000.00 j 4,000.00: 4,000.00: 250.00: 100.00 : 5.00 j 't,500.00 : 7,000.00: 8,000.00 j 600.00 i 2,562.00 : : L.S. :g: L.S. jg : L,S. :$:EACH:$ L.F. : g L.F. i g L.F. : g EACH : g EACH j g EACH : $ EACH ; g EACH : g ff#""::i**iii,."i,!,iiit1(i3J.?,",,"*u,*,,. ffi#*trffiffi; -SDR 26 pVC (Open Cut)Bursl) :$ $ $ $ $ $ $ $ $ $ $ $ 1 1 1 2 91 1,191 1,2a2 2 4 1 6 1 91.0 : 1,191.0: 1,282.0 : 2.0 : 3.0: 1.0 : 6,000.00: 6,000.00 : 4,000.00: 8,000.00: 22,750.00: 119,100.00 j 6,410.00: 3,000.00; 28,000.00 : 8,000.00: 3,600.00: 2,562.00: 6.000.00 6,000.00 4,000.00 22,?5o.oo 1 19,100.00 6,410.00 3,000.00 j 21,000.00 : 8,000.00 : 6,000.00 6,000.00 4,000.00 22,750.oo 1 19,100.00 6,410.00 3,000.00 21,000.00 8,000.00 :$ :$ :$ :$ r$j$ :$ $ $ $ $ $ New 48" Type 1 Manhole New 60', Type 1 Manhole 12.O : 30.744.OO 30,744.OO : UNIT : l $ $ $ $ $ 38.00: 80.00: 15.00 : 100.00: 150.00: : L.S. :g: L.S. :g: L.S. :g: L.F. :$: L.E :g JJ: L.E :g: EACH:$ : L.F. :$: EACH:$ r EACH:g : EACH:$ : EACH:$ I EACH:g : EACH:$ : EACH i$i EACH:g : EACH:g I EACH:gj EACH:$ I EACH:$ : EACH:$ 1,000.00 j $'t,000.00 : g 4,000.00 : g 15,000.00 : g 8,800.00 : g 9,350.00 : $'t,135.00 : g 2,000.00: g 4,000.00 : g 1,415.00 : g :$:$ :$i$ $ $ $ $ $ i$ :$ :$ :$ i$ :$j$ :$ - CoNTRACTOR: K.J WOOOS CONSTRUCTION lNC. aDDRESS: 1485 BAYSHORE BLVO # 149 SAN FRANCISCO, CA 94124 TELEPHONE: 415-759-0506 CITY OF BURLINGAME PAYMENT NO. FINAL PAYMENT. RELEASE OF RETENTION SANCHEZ BYPASS AND NEIGHBORHOOD SEWER REHABILITATION PNOJECT PHASE 4 cnY PROJECT NO. 93!31 DATE : FORTHE MONTHOF : Rebntion PIJRCHASE ORDER # 12809 ITEI\4 OESCRIPTION UNIT PRICE BID QUANTITY UNIT SIZE BID AMOUNT : QUANTITY : TO DATE PAID AMOUNT TO DATE PREVIOUS PAID AI\,,IOUNT THIS PMT,ITEM * c-14 c-'! 5 c-16 c-17 Replace Existing 6'Sewer Lateral (Pipe Burst) Replace Existing 6" Sewer Lateral (Open Cut) Replace Existing 4'Sewer Cleanout Replace Existing 6" Sewer Cleanout 800.00 3,000.00 350.00 600.00 EACH EACH EACH EACH 4,000.00 3,000.00 2,450.00 3,600.00 2.0 : ,1.0: 2.O I 0.00%: $ 200.00%: $ 157.14o/o | $ 33.33% | $ 6,000.00 3,850.00 1,200.00 - :$ 6,000.00 : $ 3,850.00 i $ 1,200.00 | $ $ $ $ $ 5 1 7 6 LOCATION C SUBTOTAL $ 232,472.00 240,05i1.00 : 3 240,054.00 :t exceed 1 D2 | Mobilazation and Dembilization (not to exceed 3.5% of Location D bid) D3 : Construction Survey and Site lnvestigation (not to exceed 3 5% of Location D bid) D4 : Traflic Control Ds : Nil 8" SDR 26 PVC Sanitary Sewer (Open Cut) D6 : Nfl 8' HDPE Sanitary Sewer (HDD) 07 : Post Television lnspection D8 : Abandon Existing Sanitary Sewet Dg : Connectto Existing Sanitary Sewer Manhole D10 : New 36'Type 1 Manhole O11 : New36'Type1 DrcpManhole 012 : Abandon Existing Sanitary Sewer Manhole or Lamphole D13 : Remove Existing Manhole D14 i Replace Existing 4" Sewer Lateral (Open Cut) D15 : Replace Existing 6'Sewer Lateral (Open Cut) 016 : Replace Existing 4'Sewer Cleanout Dl7 : Replace Existing 6" SewerCleanout 4,000.00: 3,000.00: 2,500.00 : 300.00: 2'!0.00: 5.00 : 't5.00 : 900.00: 6,000.00: 7,000.00: 1,000.00 : 2,000.00: 2,500.00: 3,000.00 | 350.00: 600.00: L.S, L,S. L.S. L.F, L.F. L.F. L,F, EACH EACH EACH EACh EACH EACH EACH EACH EACH 4,000.00 3,000.00 2,500.00 10,800.00 49.980.00 1.370.00 8,550.00 900.00 6,000.00 7,000.00 3,000.00 2,000.00 15,000.00 6,000.00 2,100.00 1,200.00 1.0 r 1.0 : 't.0 : 1.0: 28.0: 238.0 : 266.0 : 570.0 : 2.0 '. 0.0: 3.0: 1.0: 6.0 : 0.0: 6.0 : 0.0 : 100.00% : 100.00%: 100.00% : 77.7Ao/o : 100.00% : 97.O8o/o : 100.000/o: 100.007o: 200.ooo/o: 0.00%: 100.00%: 100.00% : 100.00% 0.000/" '100.00% 0.00% 4,000.00 3,000.00 2,500.00 8,400.00 49,980.00 1,330.00 8,550.00 900.00 12,000.00 3,000.00 2,000.00 15,000.00 1,000.00 4,000.00 3,000.00 2,500.00 8,400.00 49.980.00 1,330.00 8,550.00 900.00 12,000.00 3,000.00 2,000.00 15,000.00 1 1 1 1 36 234 214 570 1 1 1 3 ,l 6 2 6 2 2,100.00 2,1 00.00 t 124,400.00 t 113,760.00 : $I 13,760.00LOCATION D SUBTOTAL E2 E3 E4 E5 E6 E7 E8 E9 E10 E11 E12 El3 E14 E15 E16 E17 E18 E19 E20 e21 E22 E23 E24 E25 :$ :$ :$ :$ :$ :$ :$ :$ :$ :$:$:$ :$ :$ :$ i$ :$ :$ :$ r$ :$ :$ (not to : Mobilization and Dembilization (not to exceed 3.5% of Lo€tion E bid) i Constructaon Survey and Site lnvestigation (not to exceed 3.570 of Lo€tion E bid) : Traflic Control : Preconstruction Potholing : Remove and Replace Existing 6'VCP or PVC Sanitary Sewer with 8" or 10'SDR 26 PVC S : Remove and Replace Existing 8'VCP SS with 18' DR18 C905 PVC (Open Cut) : New 8" SDR 26 PVC Sanitary Sewer (Open Cut) : New 10' SDR 26 PVC Sanitary Sewer (Open Cut) PostTelevision lnspection Abandon Existing Sanitary Sewer Connect Existing 18" C9O5 PVC Sanitary Sewer to New 18'C905 PVC Sanitary Sser New 48" Type 1 Manhole New 48'Type 1 Drop Manhole Nil 48'Type 3 Manhole Rehabilitate Existinq Sanitary Sewer Manhole lnstall 5 LF Pipe Stub and Reconnect Existing Pipes Remove Existing Lamphole and Replace with New 36" Type 1 Manhole Remove Existing Lamphole and Replace with New 36" Type 2 Manhole Remove Existing Sanitary Sewer Manhole and Replace with New 60'Type 3 Manhole Remove Sanitary Sewer Manhole Replace Existing 4'Sewer Lateral (Pipe Burst) Replace Existing 4" Sewer Latetal (Open Cut) Replace Existing 4" Sewer Cleanout Anchor Block 25,000.00: '14,500.00 I 14,826.00: 1,200.00 : 250.00: 350,00: 27O.0O I 320.00 : 5.00 : 12.00 : 1,000.00 : 7,000.00: 8,500.00: 't0,000.00 : 2,000.00: 1,500.00 : 6,500.00 i 8,000.00: 1,000.00: 2,000.00: 800.00 | 2,600.00: 350.00: 1,000.00 : 100.00% : s 'too.00%: s 100.00% : $ 100.00% : $ 98.90% : $ 10O.007o : $ 100.OOol" : $ 114.22'/o : $ 100.88% | $ 100.00%: $ 't00.000/" : $ 100.00% : $ 'too.000/o : $ 100.00%: $ '100.0070 : $ '!oo.000/" : $ 100.00% : $ 't00.000/" : $ loo-00% : S 80.007o : $ 62.160/. : $ 175.00% : $ 89.80%: S 't00.00%: $ 'I 1 1 1 998 542 407 211 2,154 1,502 1 3 ,| 1 1 I 1 3 5 37 12 49 1 L.S. L,S. L.S. L.S, EACH L.F. L,F. L,F, L.F. L.F, L,F, EACH EACH EACH EACH EACH EACH EACH EACH EACH EACH EACH EACH EACH EACH 8.000.00 25,000.00 14,500.00 14,826.00 2,400.00 249,500.00 189.700.O0 109.890.00 67,520.00 10,790.00 18,024.00 1.000.00 2'1.000.00 8,500.00 10,000.00 2.000.00 1,500.00 6,500.00 24,000.00 1.000.00 10,000.00 29,600.00 3't,200.00 1 7,150.00 1.000.00 1.0: 1.0 : '1.0: 2.O'. 987.0 : 542.0 : 407.0 : 241.0 | 2,177.0 '. 1,502.0 r '1.0: 3.0 : 1.0 : 1.0: 1.0 : 1.0 : 1.0: 3.0: 't.0: 4.0 : 23.0 : 21.o I 44.O'. 1.0: 25.000.00 '14,500.00 14,826.00 2,400.00 246,750.00 't89,700.00 109,890.00 77,1 20.00 10,885.00 18.024.00 1,000.00 2't,000.00 8,500.00 10.000.00 2,000.00 't,500.00 6,500.00 24,000.00 '1,000.00 8.000.00 18,400.00 54,600.00 1s,400.00 1.000.00 25,000.00 14,500.00 14,826.00 2,400.00 246,750.00 '189,700.00 109,890.00 7?,120.00 10.885.00 18.024.00 1,000.00 2't,000.00 8,500.00 10,000.00 2.000.00 't,500.00 6.500.00 24,000.00 1,000.00 8.000.00 18,400.00 54,600.00 15,400.00 1,000.00 LOCATION E SUBTOTAL 874,600.00 I E89,99s.00 :889,995.00 : I $ $ $ $ $ $ G4 : Traffic Controlcs : Remove and Replace Existing 8" VCP Sanitary Sewer with 12" SDR 26 PVC (Open Cut) : Post Television lnspection : Connect Existing 12' PVC Sanitary Sewer to New 12" PVC $ $ $ $ $ $ L,S. L.S, L,F. L,F. EACH 1 ,| ,| 215 215 1 $ $ $ $ $ $ 2,800.00 i 2,500.00: 3,000.00: 58,050.00: 1,075.00 : 800.00 : 100.00o/o : $ 100.00% : S 100.000/": S 1OO.OO%: $ 100.00% : $ 1OO.00% : $ 2,800.00 2,500.00 3,000.00 58,050.00 1,075.00 800.00 $ $ $ $ $ $ 2,800.00: 2,500.00: 3,000.00: 270.00 i 5.00 | 800.00: 1.0: '!.0 : 1.0 l 215.0: 215.0 : 1.0 : 2.800.00 2,500.00 3,000.00 58,050.00 1,075.00 800.00 :$ :$ :$ :$ :$ :$ 6ONTRACTOR: K J WOODS CONSTRUCTIoN lNC. ApDRESSi 1485 BAYSHORE BLVD #'149 SAN FRANCISCO, CA 94'I24 TELEPHONEi 415'759-0506 CITY OF BURLINGAME PAYMENT NO, FINAL PAYMENT . RELEASE OF RETENTION SANCHEZ BYPASS ANO NEIGHBORHOOD SEWER REHABILITATION PROJECT PHASE 'l clTY PROJECT NO.93933 DATE : FORTHE MONTH OF : Retention PURCHASE ORDER f 12809 lfeM I *l : PRICE : QUANTITY : SIZE BID AMOUNT : OUANTITY : TO DATE o/. PAID AMOUNT TO DATE PREVIOUS PAID AMOI.JNT THIS PMT UNIT BID UNIT ITEM DESCRIPTION G;A Gi9 G10 G-11 G12 : Connect to Existing Sanitary Sewer Manhole : Connect Existing 4' PVC Sewer Lateral to New 4" PVC : Replace Existing 4" Sewer Laleral (Pipe Burst) : Replace Existing 4'Sewer Lateral (Open Cut) : Replace Existing 4'Sewer Cleanout $ $ $ $ $ 1,1 25.00 1,000.00 800.00 2,500.00 350.00 EACH : S EACH : $ EACH : $ EACH : $ EACH : S 1,1 25.00 't,000.00 1,600.00 7,500.00 1,750.00 100.000/0 : 0.00% : 0.00%: 100.00%: 40.00% : 't,125.00 7.500.00 700.00 1,125.001 1 2 3 5 7,500.00 700.00 LOCATION G SUBTOTAL 82,000.00 78,350.00 :t 78,350.00 : t 200.00 1,000.00 1,000.00 1,000.00 63.00 5.00 8,668.00 3,000.00 2,000.00 1.OO0.00 't,000.00 1,000.00 9,387.00 745.00 8,668.q) 12,O00.00 8.000.00 1.0 : 't.0 : 1.0: 1.0 | 149.0 : 149.0 : 1.0: 2.O '. 2.O'. 100.007o H2 H3 H4 H5 H6 H7 HA H9 H bid) : Mobilization and Dembilization (not to exceed 3.5% of Lo@tion H bid) : Construction Suruey and Site lnvestigation (not to exceed 3.5% of Loction H bid) : Traffic Control : Rehabilitate Existing 6" Sanitary Sewer with 6' CIPP : Post Television lnspection : Remove Existing Cleanout and Replace with New 36'Type 2 Manhole : Repla@ Existing 4'Sewer Lateral (Open Cut) : Replace Existing 4" Sewer Cleanout 1 1 ,1 149 149 ,! 4 4 $ $ $ $ $ $ $ $ L,S. L.S. L.S. L.F. L.F. EACH EACH EACH 100.00%0 : $ 100.000/" : $ 100.0070 : $ 100.00% : $ 100.00o/o: S 100.00%: S 50.00% : $ 50.00% : $ 1,000.00 1,000.00 1,000.00 9,387.00 745.00 8,668.00 6.000.00 4,000.00 't,000.00 1,000.00 1,000.00 9,387,00 745.00 8,668.00 6,000.00 4,000.00 LOCATION H SUBTOTAL 42,000.00 $ 32,000.00 : 3 32,000.00 : $ Lo€tion : Mobilization and Demobiliation (not to exeed 3.5% of Lo€tion I bid) : Construction Suryey and Site lnvestigation (not to exceed 3.5% of Location I bid) : Traffic Control : Pre@nstruction Potholing : Temporary Bypass Pumping : Rehabilitate Existing 6'Sanitary Sewerwith 6" CIPP : Replace Existing 6' VCP Sanitary Serer with 8' DR l7 HDPE (Pipe Burst) : Slipline Existing 2'1" Sanitary Sewerwith 16'DR 25 Fusible PVC : Rehabilitate Existing 24" SS with 24" CIPP : Remove and Replace Existing Sanitary Sewers with 16' DR 18 C905 PVC (Open Cut) t12 : Post Television lnspection I Abandon Existing Sanitary Sewer : Rehabilitate Existing Sanitary Sewer Manhole : lnstall 5 LF Pipe Stub and Re@nnect Existing Pipes : Remove Existing Lamphole or Manhole and Replace with New 36" Type 1 Manhole : Remove Existing Sanitary Serer Manhole and Replace with New 48'Type 'l Manhole : Remove Existing Sanitary Sewer Manhole and Replace with New 48'Type 1 Drop Manhole : Remove Existing Junction Structure : Remove Existing Sanitary Sewer Manhole : Replace Existing 4' Sewer Lateral (Open Cut) : Replace Existing 6' Sewer Lateral (Open Cut) : Replace Existing 4' Sewer Cleanout : Replace Existing 6" Sewer Cleanout : 6" Gate Valve : Relocation of'l" Water Service , Type K Copper Tubing : Anchor Block : Cut and Temporarily Cap 4'Water Main and Reinstall Water Main t3 t4 t5 t6 t7 t8 t9 110 t11 113 t14 t15 t16 t17 t18 t't9 t20 121 t22 t23 124 125 126 127 DA 4,000.00 15,000.00 9,500.00 8,000.00 800.00 11,'t23.00 63.00 100.00 130.00 85.00 320.00 5.00 12.00 2,000.00 't,500.00 7,000.00 9,000.00 10,000.00 12,000.00 2,000.00 2,800.00 3,200.00 3s0.00 600.00 2,800.00 80.00 2,000.00 16,226.OO 4,000.00: 15,000.00 : 9,500.00 : 8,000.00: 8,000.00: 11,123.00: 8,694,00: 17,300.00 : 119,600.00 : 11,305.00: 50,560.00: 7,610.00: 't0,020.00: 2,000.00 : 4,500.00 : 21,000.00: 45,000.00 i 10,000.00: 12,000.00: 2,000.00: 22,400.00 : 9,600.00: 2,800.00 : 1,800.00 : 2.800.00: '1,200.00 | 2,000.00: 16,226.00 : 1.0: 1.0: 1.0: 't.0: 9.0 : 0.6 : 128.0: 173.0 : 920.0 : 't33.0 : 155,0 : 1,509.0: 835.0 : 1.0: 3.0 : 3.0 : 5.0 : 1.0 : 1.0: 't.0: 8.0 : 1.0: 7.o . 1.0: 't.0: 10.0: 100.00%: $ 10O.00o/" : $ '100.00% : $ 90.00% : $ 60.00% | $ 92.75r/. | $ 100.00%: S 100.00% : $ 100.00o/o : $ 98.'t0% : $ 99.15% : $ 100.000/" i $ 100.000/" : S 't00.000/d: $ 100.00%: S 100.00%: S 100.00% : $ 100.000/" : $ 100.00% : $ 100.00% : $ 33.33% : $ 87.500/. : $ 33.33% : $ 100.000/" : s 66.67% : $ 0.00% : $ 100.00% : $ 15,000.00 9,500.00 8,000.00 7,200.00 6,673.80 8,064.00 17,300.00 1 19,600.00 1'1,305,00 49,600.00 7,545.00 10,020.00 2,000.00 4,500.00 2't,000.00 45,000.00 't0,000.00 12,000.00 2,000.00 22,400.OO 3,200.00 2,450.00 600.00 2,800.00 800.00 15,000.00 9,500.00 8,000.00 7,200.00 6,673.80 8,064.00 17,300.00 1 19,600.00 11,305.00 49,600.00 7,545.00 10,020.00 2,000.00 4,500.00 21,000.00 45,000.00 10,000.00 12,000.00 2,000.00 22,400.O0 3,200.00 2,450.00 600.00 2,800.00 800.00 16,226.00 L,S. L,S, L.S. EACH L.S. L.F. L.F, L.F. L.F. L.F. L.F. L.F. EACH EACH EACH EACH EACH EACH EACH EACH EACH EACH EACH EACH L.F. EACH L.S. $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $1 6,226.00 LOCATION I 436,038.00 $ 418,783.80 : t 418,783.80 $ (nol lo exceed 1% ot Localion F bid) F2 Mobilization and Oemobilization (not to exceed 3.5ol" of Location F bid) F3 Conslruclion Suiley and Sito lnvesligation (not lo exceed 3.5% of Location F bid) F4 T@lfic Control F5 Re@ve and Replace Existing 6" VCP Sanitary Sewer wilh 8" SDR 26 PVC (Open Cut) F6 poslTelevisionlnsPeclion F7 Remove Existing Sanitary Sewer Manhole and Replace wilh New 48' Type 1 Drop Manhole F8 Remove Existing Lamphole and Replac6 with New 36" Type 'l N4anhole F9 tnstall 5 LF Pipe Stub and Reconnect Existing Pipes 't,000.00 4,000.00 2,390.00 1,000.00 300.00 5.00 7,000.00 6,000.00 1,500.00 1,000.00 4,000.00 2,390.00 1,000.00 69,600.00 '! ,160.00 7,000.00 6,000.00 4,500.00 100.00% : 100.00o/o: 100.00%0: 100.00%: 100.00%: 100.000/o: 100.00o/o i '100.00% : 4,000.00 2,390.00 '1,000.00 69,600,00 1,160.00 7,000.00 6,000.00 4,500.00 4,000.00 : $ 2,390.00 : $ 1.000.00 : $ 69.600.00 : $ 1,160.00 : $ 7,000.00: $ 6.000.00: $ 4,500.00: $ 1 ,| 1 232 232 1 1 3 LS LS LS LF LF EA EA EA 1.0 't.0 't.0 't.0 232.O 232.0 1.0 1.0 3.0 $ $ $ $ 't.0 3.0 2.O $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ I 1 1 1 t0 ,| 138 920 133 158 1,522 E35 1 3 3 5 1 1 1 8 3 8 3 1 15 1 ,| $ $ $ $ $ $ $ $ $ s $ $ $ $ $ $ $ $ $ $ $ $ $ CONTRACTOR: K.J wOODS CONSTRUCTION lNC. ADDRESST 1485 BAYSHORE BLVO# 149 SAN FRANCISCO, CA 94124 TELEPHONE: 415-759-0506 C]TY OF BURLINGAITIIE PAYITIENT NO. FINAL PAYMENT - RELEASE oF RETENTIoN SANCHEZ BYPASS AND NEIGHBORHOOD SEWER REHABILITATION PROJECT PHASE 4 clTY PROJECT NO. gzg33 DATE I FORTHE MONTHOF : Retenlion PURCHASE ORDER # 12809 ITEM DESCRIPTION : L'NIT : BID : UNIT : BID :QUANTITY: % : AI\4OUNT : PRICE : OUANTITY : SIZE : AMOUNT I TO OATE : PAIO : TO DATE PREVIOUS PAID AMOUNT THIS Pi,IT ITEM : #l Ft0 F'l'l F12 Replace Existing 4" Sewer Laleral (Pipe BuEl) Replace Exisling 4' Sewer Lateral (Open Cul) Replacs Exisling 4' Sewer Cleanout $ $ $ 600.00 2,200.o0 350.00 EA EA EA 600.00 17,600.00 3,150.00 0.00o/o : $ 112.50% : $ 100.00% : $ 19,800.00 3.150.00 19,800.00 3, t50.00 $ $ $ LOCATION F SUBTOTAL $ 'l'18,000.00 $ 't19,600.00 t 119,600.00 $ Jl NPDES Compliance Mobiliaation and Oemobilialion (nol lo exceed 3.5% of Location K bid) Conslruclion Suruey and Sile lnvestigaiion (nol lo exceed 3.5% of Localion K bid) Traffic Conlrcl Rehabililale Ex 12" SS wilh 12" CIPP Posl Television lnspeclion Rehabilitate Ex SSMH J2 J3 J4 J5 J6 J7 2,500.00 1,000.00 1,200.00 85.00 10.00 3,985.00 1 1 1 1 1,0'14 1,014 2 2,500.00 '1,000.00 1,200.00 86,190.00 10,140.00 7,970.00 100.00% 100.00% 100.00% 100.00% 100.00% 100.00% 2,500.00 1,000.00 1,200.00 86,190.00 1 0,140.00 7,970.00 2,500.00 1,O00.00 1,200.00 86,190.00 't0,140.00 7,970.00 LS LS LS EA LF EA LOCATION K SUBTOTAL s '110,000.00 1 10,000.00 $1,l0,000.00 t CHANGE OROERS*:DESCRIPTION CCO UNIT PRICE AMOUNT CCO : UNIT : OUANTITY : SIZE : BID QUANTITY r TO DATE : AMOUNT TO DATE PREVIOUS PAID AMOUNT THIS PMT COI : Oak Grove 2" Copper Bypass & Waler Modificalions CO2 : Exlra Work Requesl per CCO signed 5/216 s $ 17,100.00: 38,016.75:LS 17,100.00 i 38.0't6.75 : 100.00% : $ 100.00% : $ 17,100.00 38,016.75 $ s '17,100.00 38,016.75 CHANGE ORDERS TOTAL $ 5s.l'16.75 $ s5,110J5 1 55.116.75 : S DEDUCTIONS: D'l : lnspeclo/s Hours Outside of ContGct Working HouE (August 2015) D2 : lnspeclor's HouG Oulside of Contracl Working Houc (September 2015) D3 : lnspeclor's HouB Oulsid6 of Contract Working HouG (September 2015) D4 : lnspeclor's HouF Outside ol Conlracl Working Houre (October 201 5) D5 : lnspector's Hou6 Oltside of Contract Working HouF (Oclobor 201 5) D6 : lnspeclods HouG Outsid€ of ContGct Working HouE (November 2015) D7 : lnspeclorh Hours Outside of ContEct Working HouE (November 2015) D8 : COB T&M for Balboa Waler Main Break 09:ReimblEemonlforlo'lTDrakeResidenlforCharceslncuredDueloGasSeNicoBreak Dl 1 : Inspector's HouE Outside ol ContEct Workinq HouE (December 201 5) O12 | lnspector's HouE Outside of ContEct Working HouE (January 2015) O13 : lnspeclor's Hou6 Outside of Contcct Working HouG (January 2015) $ $ s $ $ $ $ $ $ $ $ 't25.00 125.00 140.00 125.00 140.00 125.00 140.00 5,315.00 175.00 1 40.00 125.00 140.00 11 6.0 't.0 9.5 't5.5 2.O 9.5 1.0 1 8 ,| 11 1,375.00 750.00 1 40.00 1,'187.50 2,170.00 250.00 1,330.00 5,315.00 175.00 1,1 20.00 125.00 '1,540.00 11 6.0 1.0 9.5 15.5 2.O 9.5 '1.0 '!.0 8.0 1.0 11.0 1,375.00 750.00 't 40.00 1,1E7.50 2,1 70.00 250.00 1,330.00 5,3't5.00 175.00 1,120.00 125.00 '1,540.00 1,375.00 750.00 140.00 1,187.50 2,'1 70.00 250.00 1,330.00 5,315.00 175.00 1,120.00 125.00 't,540.00 '100.000/6 : $ 100.0070 : $ 't00.0070 : $ 100.00%: $ 100.00% : $ 100.00% : S 100.00% : $ 100.00% : $ 100.00o/" : $ 100.00% : $ 't00.000/" : $ 't00.000/o : $ TOTAL DEDUCTIONS PREPARED BY: CHECKED BY: APPROVED BY CITY ENGINEER: APPROVEO BY CONSULTANT: $ 2,445,783.55 $ 15.477.50 $ 2.430.306.0s 15,477.50 $15,477.50 : t '15,477.50 : S OATE SUBTOTAL $ 2,445,783.55 : $ $ 2,445.783.55: $ (122,289.171 | $LESS FIVE (5OlO) PERCENT RETENTION 122.289.17 SUBTOTAL WITHOUT DEDUCTIONS AMOUNT DUE FROM CONTRACTOR 2,323 ,494 .38 15,477.50 122,249.17 TOTAL THIS PERIOD $ 2,308,016.88 : $122,289.17 :$ :$ :$ $ $ $ 9.0: 9.0 : $ $ $ $ $ $ 1.0: 1.0: 1.0: 1,0'r4.0: 1,014.0: 2: $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ :$ :$ ,1 : 'll $ $ LS LS LS LS LS LS LS LS LS LS LS LS ) :$:$$ $ CITY OF BURLINGAIVI E SANCHEZ BYPASS AND NEIGHBORHOOD SEWER REHABILITATION PROJECT PHASE 4 CITY PROJECT NO. 82623 FREEWAY 101 EURLINGAME HIGH SCHOOL LOCATION.I VICINITY IMAP Nrl.S ) AGENDANO: 8e MEETING DATE: June 20,2016 To:Honorable Mayor and City Council Date: June 20,2016 From: Leslie Loomis, Human Resources Director - (650) 558-7209 Subject: Adoption of a Resolution Amending the Agreements with MassMutual and Reliance Trust Gompany RECOMMENDATION Staff recommends that the City Council adopt the attached resolution amending the agreements with MassMutual and Reliance Trust that were approved at the April 18, 2016 City Council meeting. BACKGROUND On April 18,2016, the CityCouncil adopted a resolution authorizing the City Managerto execute two agreements with MassMutual Life lnsurance, an Administrative Services Agreement to provide Deferred Compensation 457(b) Plan program administrative services, and an lnvestment Agreement to provide a stable value investment option for participants; and authorizing the City Manager to execute an agreement with Reliance Trust Company to provide trustee custodial services for the Deferred Compensation Plan assets. When the resolution was adopted on April 18, 2016, staff did not know the date the contract would go into effect. lt has now been determined that August 1,2016, will be the date that the funds will be transferred to MassMutual/Reliance Trust, and therefore the effective date of the contract is August 1,2016. DISCUSSION The terms and conditions of the lt/assl\4utual/Reliance Trust agreements that were adopted at the April 18, 2016 City Council meeting remain unchanged. However a new resolution is required to indicate the effective date of the agreements to be August 1,2016. FISCAL IMPAGT There is no fiscal impact. Exhibit STAFF REPORT a Resolution 1 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME AMENDING THE AGREEMENTS WITH MASSMUTUAL AND RELIANCE TRUST COMPANY WHEREAS, on April 18, 2016, the City Council authorized the City to enter into a contract with Mass[4utual to execute an administrative services agreement and an investment agreement for the City's 457(b) plans; and WHEREAS, the date the contract was to go into effect was not known when the resolution was adopted; and WHEREAS, staff now knows the funds will be transferred on August 1' 2016' which will be the effective date of the contract. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BURLINGAME DOES HEREBY RESOLVE AND ORDER AS FOLLOWS: The City Council hereby approves and authorizes the City Manager to execute an administrative services agreement and an investment agreement with Massh/utual Life lnsurance, as well as a trustee services agreement with Reliance Trust, for deferred compensation services on behalf of the City effective August 1 , 2016. Ann Keighran, 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 20th day of June 2016, and was adopted thereafter by the following vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEIVIBERS: COUNCIL MEMBERS: Meaghan Hassel-Shearer, City Clerk STAFF REPORT AGENDANO: 8f MEETING DATE: June 20,2016 To:Honorable Mayor and City Council Date: June 20,2016 From: Kathleen Kane, City Attorney - (650) 558-7204 Subject: Adoption of a Resolution Amending the Gity of Burlingame Conflict of lnterest Gode to Revise the List of Designated Officials and Employees RECOMMENDATION Staff recommends that the City Council adopt the attached resolution amending the City of Burlingame Conflict of lnterest Code to revise the List of Designated Employees and Disclosure Categories. BACKGROUND California Government Code 587306,5 requires that each local agency review and, if necessary, revise its Conflict of lnterest Code in every even-numbered year. The City's Conflict of lnterest Code details who in the City organization must file a Statement of Economic lnterests, known as Form 700. The City of Burlingame has adopted a Conflict of lnterest Code that incorporates by reference the Fair Political Practices Commission's (FPPC) Standard Model Conflict of lnterest Code contained in 2 California Code of Regulations $18730. While this Code is automatically updated whenever the model code is changed, the City is required, in even-numbered years, to review and, if necessary, revise its list of "Designated Employees" (those employees, elected and appointed officials required to file the Form 700) and its "Disclosure Categories" (the economic interests which must be disclosed on the Form 700). The last review and revision to the City's Conflict of lnterest Code occurred in 2014. New positions, minor omissions on the prior list, and revised job titles require revision to the list of "Designated Employees and Disclosure Categories." Certain positions that are required to lodge the Form 700 with the State (City Council, City Manager, City Attorney, Chief Financial Officer, etc.) are by law not included in the attached list of designated employees. DISCUSSION Adoption of an updated Conflict of lnterest Code is required by state law. Attached to this report is a resolution providing for an amended list of Designated Employees and Disclosure Categories. The City Council should review the list and adopt the resolution. 1 I , Conflict of lnterest Code Amendment June 20,2016 FISCAL IMPACT None Exhibit: o Resolution Amending the City of Burlingame Conflict of lnterest Code to Revise List of Designated Employees 2 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME AMENDING THE CITY OF BURLINGAME CONFLICT OF INTEREST CODE TO REVISE THE LIST OF DESIGNATED EMPLOYEES WHEREAS, the Political Reform Act, Government Code Sections 81000 and following, requires the City to adopt a Conflict of lnterest Code for the City; and WHEREAS, in every even-numbered year, the Political Reform Act requires each local agency to review and, if necessary, amend its Conflict of lnterest Code; and WHEREAS, Resolution 47-80 adopted a City Conflict of lnterest Code, and the list of designated employees required to file statements of economic interests was subsequently amended by Resolutions 1 9-87 and 5'1-92 and 90-96; and WHEREAS, Resolution 12-98 adopted and amended a conflict of interest code pursuant to the Political Reform Act, and the list of designated employees was further amended by Resolution Nos. 32-98, 1O2-OO,23-2001,99-2002, 14-2003,80-2008, 82-2010, and 93-2014; and WHEREAS, amendments are necessary to add additional employees to the designated employee list, to revise employee title changes, to delete positions no longer existing, and to reflect additional organizational changes. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BURLINGAME RESOLVES AS FOLLOWS: '1. The City Council hereby adopts by reference, as its Conflict of lnterest Code, 2 California Code of Regulations Section 18730; a copy of said code is available for review in the Office of the City Clerk. 2. The City Council hereby amends the City of Burlingame Conflict of lnlerest Code to add the revised List of Designated Employees in Exhibit A attached and incorporated herein. Ann Keighran, 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 20th day of June, 2016 and was adopted thereafter by the following vote: AYES: NOES: ABSENT: [Ieaghan Hassel-Shearer, City Clerk APPENDIX A LIST OF DESIGNATED OFFIGERS/EMPLOYEES AND DISCLOSURE CATEGORIES The following City officers and employees are designated for filing statements of economic interests pursuant to the City Conflict of lnterest Code and the Political Reform Act: Disclosure Category Disclosure Category BOARDS AND COMMISSIONS HUMAN RESOURCES Beautifi cation Commission I Human Resources Director I Library Board of Trustees I Human Resources Specialist il Parks & Recreation Commission I Traffic, Safety & Parking Commission I LIBRARY City Librarian I CITY ATTORNEY'S OFFICE Circulation Supervisor il Code Enforcement Officer I Librarian lll***il Library Assistant ll-Acquisitions and Accou nts Payable/Receivable CITY CLERK'S OFFICE Library Technoloqy Services Manaqer il City Clerk I PARKS & RECREATION DEPARTMENT CONSULTANTS Parks & Recreation Director I Design Review Consultants to City I Recreation Supervisor il Planner/Planninq Commission I City Arborist il Water Quality Treatment Plant Contractor I Parks Supervisor il Plant Manager I Environmental Compliance Officer I COMMUNITY DEVELOPMENT DEPT. Storm Water Coordinator I Community Development Director I I nformation Technology Service il Planninq Manaqer I Senior Planner I FINANCE DEPARTMENT Associate Planner I Fi nance Director/Treasu rer I Planninq Technician I Deputy Treasurer I Chief Buildinq lnspector I Ad mi nistrator/l nformation Services lVanaqer I Senior Building lnspector Financial Seruices Manager Building lnspector I Assistant Deputy Treasurer PUBLIC WORKS DEPARTMENT POLICE DEPARTMENT Public Works Director I Chief of Police Assistant Director of Public Works I Captain Senior Civil Engineer I Facilities and Fleet [Maintenance (assiqned officer) il Transportation Engineer I nformation Technology Seruices (assigned officer) Public Works Superintendent Administrative Secretary to Chief il Assistant Streets and Sewers Superintendent Assistant Water Superintendent I Shop Supervisor il Facilities Maintenance Supervisor il i I I Disclosure Category Disclosure Category Assistant Facilities Maintenance Supervisor Fleet Manaqer il Public Works lnspector il Sr. Public Works lnspector tl Management Analyst il Associate Civil Engineer il *** Employees designated for "purchasing only" DISCLOSURE CATEGORIES: I Statements of Designated Employees in Disclosure Category I shall include a) lnvestment and business positions in any business entity; b) lncome; and c) lnterests in real property within the requirements of the Statement of Economic lnterests as to reportability. Designated employees in Category I shall complete Schedules A through F. ll Statements of Designated Employees in Disclosure Category ll shall include: a) lnvestments and business positions in any business entity; and b) lncome within the requirements of the Statement of Economic lnterests as to reportability. Designated employees in Category ll shall complete Schedules A, C through F. 7 STAFF REPORT AGENDA NO: 9a MEETING DATE: June 20,2016 To Honorable Mayor and City Gouncil Date: June 20,2016 From: Syed Murtuza, Director of Public Works - (650) 558-7230 Subject: Public Hearing to Renew the Levy and Collection of Assessments for the Downtown Burlingame Avenue Streetscape lmprovements Project for FiscalYear 2016-17 RECOMMENDATION Staff recommends that the City Council take the following actions to renew the levy and collection of assessments for the Downtown Burlingame Avenue Streetscape lmprovements Assessment District No. 201 2-1 for fiscal year 2016-17: 1. Hold a Public Hearing; and 2. Adopt the attached resolution confirming the assessments and ordering the levy for the Downtown Burlingame Avenue Streetscape lmprovement Assessment District No. 2012-1 for fiscal year 2016-17. BACKGROUND On April 2, 2012, the City Council initiated the proceedings to form the Downtown Burlingame Avenue Streetscape lmprovement Assessment District No. 2012-1. The proceedings were conducted under the provisions of the Landscaping and Lighting Act of 1972, Parl2, Division 15 of the California Streets and Highways Code (Act). Weighted ballots were sent via certified mail to the property owners on April 5,2012. On May 21,2012, the City Council conducted a Public Hearing to tabulate ballots for the Assessment District. The results of the ballot showed no "majority protest", thereby allowing the City Council to order improvements, form the Assessment District, and levy assessments totaling $335,787 annually for 30 years to the downtown Burlingame Avenue property owners. Property owners were given the option to pre-pay their assessments to avoid paying annually. To date, five property owners have exercised this option. DISCUSSION The Engineer's Report is updated annually to reflect any changes that may have occurred to property configuration in the Assessment District. There have been no changes to the prior year Annual Report concerning the levy and collection of assessments within the Assessment District. The Act requires an annual Public Hearing to confirm and levy the assessment. 1 D ow ntow n B u rl i n g a m e Ave n u e Sfreefscape I m p rove m e nts Assessrnents June 20, 2016 FISCAL IMPACT The total assessment for fiscal year 2016-17 is $310,156, which reflects pre-payments by property owners. Funds collected through assessments will be used as part of debt payment for Burlingame Avenue Streetscape bonds. Exhibits: o Resolution . Annual Engineer's Report . Staff Report dated June 6, 2016 for the Downtown Burlingame Avenue Streetscape lmprovements Assessment District No. 2012-1for Fiscal Year 2016-17 with attachments 2 RESOLUTTON NO._ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME, CALIFORNIA, CONFIRMING THE ASSESSMENT AND ORDERING THE LEVY FOR THE DOWNTOWN BURLINGAME AVENUE STREETSCAPE IMPROVEMENTS ASSESSMENT DISTRICT 201 2-1 FOR FISCAL YEAR 2016.17 The City Council of the City of Burlingame does resolve as follows: WHEREAS, the Council previously completed its proceedings in accordance with the Landscaping and Lighting Acl of 1972, Part 2, Division 15 of the California Streets and Highways Code (commencing with Section 22500) (the "Act") to estabtish the City's Downtown Burlingame Avenue Streetscape lmprovements Project (the "Assessment District"); and WHEREAS, the City has, by previous resolution, declared its intention to hold a public Hearing concerning the levy and collection of assessments within the Assessment District; and WHEREAS, a Public Hearing has been held and concluded and notice thereof was given in accordance with Section 22626 of the Act; and WHEREAS, at the time and place specified in the Resolution of lntention the City conducted such hearing and considered all objections to the assessment. NOW, THEREFORE BE IT RESOLVED, DETERMINED, AND ORDERED BY THE COUNCIL, AS FOLLOWS: 1. Confirmation of Assessment and Diagram: The Council confirms the assessment and the diagram as is described in full detail in the Annual Report on file with the Clerk. 2. Levy of Assessment: Pursuant to Section 22631 of the Act, the adoption of this resolution shall constitute the levy of an assessment for the fiscal year commencing July 1, 2016 and ending June 30, 2017 . 3. Ordering of the Levy: The Council orders City staff to prepare and submit the levy of assessments to San Mateo County for placement on the Fiscal year 2017-18 secured property tax roll, including executing any necessary and appropriate documents on behalf of the City to accomplish the levy and collection of assessments. Ann Keighran, 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 20h day of June, 2016 and was adopted thereafter by the following vote: AYES: NOES: ABSENT: Meaghan Hassel-Shearer, City Clerk COUNCILII/EMBERS: COUNCILMEMBERS: COUNCILMEMBERS: ]NBs h6lplng comffiunitlffi lund toffiorraw City of Burlingame Assessment District No. 2012-1, Downtown Burlingame Avenue Streetscape lmprovement Proiect Engineer's Report City of Burlingame Fiscal Year 20'16117 Main Office 32605 Temecula Parkway, Suite 100 Temecula, CA92592 Toll free: 800.676.751 6 RegionalOffice 870 lVarket Street, Suite 1223 San Francisco, CA94102 Toll free: 800.434.8349 TABLE OF CONTENTS 1. EXECUTIVE SUMMARY 6.'1 6.3 6.4 1-1 2-1 2.1. 2.2. 2.3. 5.1. 5.4. 2. INTRODUCTION Background of District .................... Reason for the Assessment............ Establishment of the Assessment... 3. PLANS AND SPECIFICATIONS 3.'1. Description of the Boundaries of the District...... 3.2. Description ofthe District lmprovement Project. 3.3. Map of District lmprovement Pmject 4. ESTIMATE OF COSTS 4.1. District lmprovement Project Costs ......... 5. SPECIAL AND GENERAL BENEFIT lntroduction.............. ldentifi cation of Benef]t............... Separation of General Benefit.... Quanfification of General Benefit Apportioning of Special Beneflt... 6. METHOD ASSESSMENT Assessment Budget Method of Assessment Spr""0..................... District lmprovement Project Debt Financing Assessment Prepayment FormuIa................ 3-1 3-1 3-1 4-1 ....4-1 5-1 3-1 2-1 2-1 2-1 5-1 5-4 6-1 6-2 6-3 6-1 7. ASSESSMENT DIAGRAM 8. ASSESSMENT ROLL 7-1 8-',| 7. EXECUTIVE SUMMARY The City Council of the City of Burlingame ("City Council"), pursuant to the Landscaping and Lighting Act of 1972, being Division 15, Part 2 of the Streets and Highways Code of the State of California ("1972 Acl"), previously formed the assessment district known and designated as "Assessment District No. 2012-'t, Downtown Burlingame Avenue Streetscape lmprovement Project", (hereafter referred to as the "District'). The City Council has adopted the Resolution lnitiatlng Proceedings directing NBS to prepare and file a report for Fiscal Year 2016117 presenting the improvements, an estimated cost, including debt financing, of the improvements, annual administrative costs, and a diagram showing the area and properties to be assessed. The following assessment is authorized in order to pay the estimated costs, including debt financing of the improvements and annual administrative costs to be paid by the assessable real property within the boundaries of the District in proportion to the special benefit received. The following table summarizes the assessment: Description Amount District lm provement Project Costs $11,227,015 Less: Allocation to General Benefit(1 )(3,238,994) Subtotal: Allocation to Special Benefit $7,988,021 Less: Sewer and Water Enterprise Fund Contribution(2)($e22,000) Less:TLC Grant (301,000) Less: Additional Contribution from Parking Enterprise Fund (782,432) Less: Additional City Contribution (20,1e5) TotalAmount to be Specially Assessed $5,962,394 TotalAmount Pre-Paid During 30 Day Collection Period $341,582 Annual Assessable Budget: Average Annual Debt Service Payment(3)$310,156 Total Annual Assessable Budget $310,156 (1) See Section 5.4. (2) Contemporaneously with the District lmprovement Prolect, the City, using sewer and water enterprise funds, replaced the sewer and water lines under Burlingame Avenue (the overall total cost for all prolects is $15,443,660). A portion of the money for that project was allocated for patching the streets and sidewalks. Since the District lmprovement Project eliminates the need for patching, the $922,000 is being contributed to the District lmprovement Project.(3) See Section 6.3. Assessment District No. 2012-1 - City of Burlingame Prepared by NBS - Fiscal Year 2016117 1-1 2. INTRODUCTION 2.1. Background of District The City of Burlingame ("City") has completed, in coordination with planned utility improvements, the Downtown Burlingame Avenue Streetscape lmprovement Project ("District lmprovement Project'). The District lmprovement Prolect provided an opportunity for community stakeholders to plan and implement streetscaping and sidewalk improvements that complement the evolving vision and needs of the Burlingame Avenue property owners, merchants and community. The District lmprovement Project improves the public infrastructure that fronts property along Burlingame Avenue (and portions of certain side streets at intersections with Burlingame Avenue) between El Camino Real and California Orive. Further, the District lmprovement Project enhances the overall experience of merchants and visitors by creating a memorable Burlingame Avenue for shopping, dining, and strolling. 2.2. Reason for the Asseeement The assessment covered by this Engineer's Report will generate the assessment revenue necessary to provide for a portion of the public improvements provided by the District lmprovement Project and further described in Section 3.2 of this Engineer's Report. The District improvements may include but are not limited to, all of the following: streetscape improvements, sidewalk improvements, District financing costs, and administrative costs associated with the ongoing annual administration of the District. 2.3. Eshblishment of the Assessment The City formed the District and established assessments by complying with the procedures specified in Article XlllD and the Proposition 218 Omnibus lmplementation Act ("Proposition 218"). tn November 1996, the voters in the State of California added Article XlllD to the California Constitution imposing, among other requirements, the necessity for the City to conduct an assessment ballot procedure to enable the owners of each property on which assessments are proposed to be enacted, the opportunity to express their support for, or opposition to the proposed assessment. The basic steps of the assessment ballot procedure are outlined below. The City prepared a Notice of Public Hearing ('Notice"), which describes, along with other mandated information, the reason for the proposed assessments and provided a date, time, and location of a public hearing to be held on the matter. The City prepared an assessment ballot, which clearly gave the property owner the ability to sign and execute their assessment ballot either in favor of, or in opposition to, the assessment. The Notice and assessmenl ballots were mailed to each affected property owner within the District a minimum of 45 days prior to the public hearing date as shown in the Notice. The City held community meetings with the property owners to discuss the issues facing the District and to answer property owner questions directly. After the Notice and assessment ballots were mailed, property owners were given until the close of the public hearing, as stated in the Notice, to return their signed and executed assessment ballot. During the public hearing, property owners were given the opportunity to address the City Council and ask questions or voice theirconcerns. After the public hearing, the returned assessment ballots received priortotheclose of the public hearing were tabulated, weighted by the proposed assessment amount on each property and the results were announced by the City Council. Article XlllD provides that if, as a result of the assessment ballot proceeding, a majority protest is found to exist, the City Council shall not have the authority to enact the assessments as proposed. A majority protest Assessment District No. 2012-1 - City of Burlingame Prepared by NBS - Fiscal Yeat 2016117 2-1 , exists if the assessments represented by ballots submitted in opposition exceed those submitted in favor of the assessment. All returned ballots were tabulated and weighted according to the financial obligation of each particular parcel. There wasn't a majority protest as described above and the City Council approved the District formation and assessments. The City Council will annually declare its intention to levy and collect the assessments within the District and hold a public hearing concerning such levy of assessments. At such time all interested persons shall be afforded the opportunity to hear and be heard. Assessment District No. 20'12-1 - City of Burlingame Prepared by NBS - Fiscal Year 2016117 2-2 3. PLANS AND SPECIFICATIONS The District provides forvarious Budingame Avenue streetscape and sidewalk improvements located within the public right-of-way and dedicated easements within the boundaries of the District. 3,1. Description of the Boundari* of the District The boundaries of the District include properties located along Burlingame Avenue within the City. The District runs along Burlingame Avenue and is bounded on the east by California Drive and on the west by El Camino Real. The City will not provide public improvements from the District lmprovement Project to any area located outside of the District boundaries. Section 7 of this Engineer's Report provides an assessment diagram that more fully provides a description of the District's boundaries and the parcels within those boundaries. 3.2. Description of the District lmprovement Project The District lmprovement Project includes streetscape items such as sidewalk, street and pedestrian lighting, trees and landscaping, seating, signage, kiosks, gateway treatments, site furnishings, and other parking improvements, appurtenant facilities, and soft costs. The District lmprovement Project provides for public improvements to be distributed throughout the entire District, and as such, are of direct and special benefit to the parcels within the District. The District lmprovement Project consists of a classic design style with touches of traditional and contemporary design. This desired design style creates a structured, timeless design with patterned, elegant materials consistent throughout the Burlingame Avenue area. Not only does the District lmprovement Project provide necessary street improvements, but it allows for an increase in pedestrian space along Burlingame Avenue. To allow for this additional pedestrian space, parallel parking replaced the existing angled parking. The change from angled parking to parallel parking will allow for an expanded 16 foot width of sidewalk area on both sides of Burlingame Avenue. This additional sidewalk area can provide sufficient space for seating, art features, landscaping, and lighting. Burlingame Avenue will be maintained with two-way traffic and 10 foot wide travel lanes. The parallel parking stalls, with a parking assist zone, will have a width of nine feet. The parking assist zone allows for car door openings and limited bike through lanes along Burlingame Avenue. At the intersection corners along Budingame Avenue bulb-outs are proposed to allow for additional pedestrian areas. ln addition to providing an enhanced pedestrian area, the corner intersection bulb-outs will reduce pedestrian crossing distances. As an additional safety feature, the crosswalks will be of a different construction material than the street surface to provide a warning for traffic to slow down. The District lmprovement Project includes asphalt paving in the roadway and colored concrete for the parking and parking assist zones. The sidewalks, corner intersection bulb-outs and cross walks will be constructed of concrete pavers. Trees, street lights with limited features, and other public furnishings are also included throughout the District. 3.3. Map of District lmprovement Project The following map provides the approximate location (for reference only - may not include all) of the improvements provided by the District lmprovement Project throughout the District. Assessment District No. 2012-1 - City of Burlingame Prepared by NBS - Fiscal Year 2016117 3-1 q Burlingame Ave Streetscape lmprovements Project - Draft Concept Plan " I "'li ' lii \it I \;,t ,, ii i lll,: t! i' i t, q 1 \!i: ItI,rir i r It r i? I 6l i: I i t: \ CALIRAIN t'i r! n 5rri t'l $A\ i l I I I o = zots o \t t ;trtt J rtl ,..I x."I I &, .4tr .l \ Burlingame Ave Streetscape lmprovements February 28,7A.|2 8)nfi" ffitLp iriirri :i ! i ; I i \' : j ; . i I ,t e. a- "% \ t AURLNOME 4. ESTIMATE OF COSTS The estimated cost of the District lmprovement Project as more fully described in Section 3 of this Engineer's Report is outlined below. 4.7. Disfict lmprovement Project Cosfc The following table provides the costs for the District lmprovement Project. Refer to Section 6 for more detail on the financing plan and the annual assessment budget. Description Amount District lmprovement Project Costs Construction $9,709,355 Construction Management 825,660 Construction Engineering 332,000 Engineering Adm inistration 360,000 Total District !mprovement Project Costs $11,227,015 Contemporaneously with the District lmprovement Project, the City, using sewer and water enterprise funds, replaced the sewer and water lines under Budingame Avenue (the overall total cost for all projects was $15,443,660). By completing the District lmprovement Project in coordination with the utility improvements, it saved significant project costs and minimize the construction impacts to property and businesses along Burlingame Avenue. A portion of the planned utility improvement budget, $922,000, was allocated for patching the streets and sidewalks. Since the District lmprovement Project eliminates that need for patching, the $922,000 is being contributed to the streetscape project from the sewer and water enterprise funds and thus will not be specially assessed. Thus, overall, the District lmprovement Project was funded by state gas tax, Measure A funds, grant funds, sewer and water enterprise funds, the parking enterprise fund, and revenues from District special assessments. 4-1Assessment District No. 2012-1 - City of Burlingame Prepared by NBS - Fiscal Year 2016117 5, SPECIAL AND GENERAL BENEFIT 5.1. lntroduction Pursuant to Article XlllD, all parcels that receive a special benefit confened upon them as a result of the improvements shall be identified, and the proportionate special benefit derived by each identified parcel shall be determined in relationship to the entire costs of the improvements. Division 12 of the Streets and Highways Code, the Landscaping and Lighting Act of '1972, permits the establishment of assessment districts by local agencies for the purpose of providing certain public improvements necessary or convenient for providing certain public services. Section 22573 of the Landscaping and Lighting Act of 1972 requires that assessments must be levied according to benefit rather than according to assessed value. This Section states: "The net amount ,o be assessed upon lands within an assessment district may be appotiioned by any formula or method which fairly distributes the net amount among all assessab/e lots or parcels in proportion to the estimated benefrt to be received by each such lot or parcel from the improvements." Article XlllD, Section 4(a) of the California Constitution limits the amount of any assessment to the proportional special benefit confened on the property. Article XlllD also provides that publicly owned properties must be assessed unless there is clear and convincing evidence that those properties receive no special benefit from the assessment. Examples of parcels exempted from the assessment would be the areas of public streets, public avenues, public lanes, public roads, public drives, public courts, public alleys, public easements and rights-of-ways, public greenbelts, and public parkways. Furthermore, Proposition 218 requires that the City separate the general benefit from special benefit, so only special beneflt may be assessed. 5.2. ldentification of Benefit The District lmprovement Project will provide benefits to both those properties within the District boundaries and to the community as a whole. The benefit conferred to property within the District can be grouped into three primary benefit categories; aesthetic benefit, safety benefit, and economic activity benefit. The three District benefit categories are further expanded upon in each section below. Aesthetic Benefit The aesthetic benefit relates to the increase in the overall aesthetics as a result of the District lmprovement Project. The District lmprovement Project will provide public streel and sidewalk infrastructure beautification throughout the District, that will enhance the overall image and desirability of the properties within the District. Burlingame Avenue streetscape improvements within the District were last completed back in the early 1g60s. Since that time, the public facilities have deteriorated. The following aesthetic beneflts will be provided as a result of the District lmprovement Poect:. The District lmprovement Project enhances the community identity of the Burlingame Avenue area, which will lead to a stronger and healthier street corridor. The image of the Burlingame Avenue area will be increased by correcting the visual clutter such as trash containers and news racks that currently encroach on the pedestrian area. o Uniform and up to date streetscape and sidewalk improvements creates cohesion throughout the District from El Camino Real to California Drive. This District cohesion enhances the retail experience as well as encourage maximum use of space. Assessment District No. 2012-1 - Cily of Burlingame Prepared by NBS - Fiscal Yeat 2016117 5-'l Upgraded streetscaping and sidewalk amenities provided by the District lmprovement Project enhances the appearance, desirability, and "livability" of the property directly fronting the improvements provided throughout the District. As a result of the District lmprovement Project, the overall "livability" of the District increases. "Livability" encompasses several qualities and characteristics that are unique to a specific area. The Vctoria Transport Policy lnstitute (www.vtpi.org) expands on the concept of "livability'and the various beneflts associated with that designation: "The livability of an area increases propefty deshability and business activity. Livability is largely affected by conditions in the public realm, places where people naturally interact with each other and their community, including streets, parks, transportation terminals and other public facilities. Livability also refers to the environmental and social quality of an area as perceived by employees, customers and visitors. This includes local environmental conditions, the quality of social interactions, opportunities for recreation and enteftainment, aesrher?s, and existence of unique cultural and environmental resources." Safetv Benefit The District lmprovement Prolect provides an increased level of safety to the property, businesses, and visitors to the District. Additionally, the District lmprovement Project help mitigate potential criminal activity throughout the District area. The following safety benefits are provided as a result of the District lmprovement Project:. The District lmprovement Project repaired uneven and deteriorating sidewalks within the District. lmprovements to the existing sidewalk infrastructure will reduce the number of future trip and fall occurrences potentially occurring in front of District property. . The District lmprovement Project provides better lighting throughout the Burlingame Avenue area. The improved lighting ensures that sidewalks, streets, and property fronts are more visible. This increased level of visibility reduces the opportunities for vandalism to property within the District. . Wider sidewalks provide additional space between vehicle and property as well as vehicle and pedestrian, which provides a safety benefit for both property and pedestrian. . Traffic calming improvements can reduce automobile traffic and speeds, which in turn, increases the safety for vehicular passengers, pedestrians, and other non-motorized travels. The streetscaping strategies utilized in the development of the District lmprovement Project provide numerous safety beneflts to property and people throughout the District. Again, the Vlctoria Transport Policy lnstitute (www.vtpi.org) notes the safety benellt attributable to streetscaping improvements: "Several studies indicate that common streetscaping straregles, such as landscaping and nanowing traffic lanes, tend to increase traffic safety. Streerscap,ng that reduces traffic speeds and improves pedestrian crossing conditions can significantly reduce collisions. Research by the U.S. Highway Safery Research Sysle m concludes that road diets (afterial street traffic calming) typically reduce crash rates by 479/0 on major highways through small urban areas, by 19% on corridors in larger city suburban areas, and 29%;o overall." Assessment District No. 2012-1 - City of Burlingame Prepared by NBS - Fiscal Yeat 2016117 Economic tv Benefit The economic activity benefit relates to the increase in the District's economic activity an d further potential as a result of the District lmprovement Project. The economic activity for property within the District can best be described as the ability for the property within the District to develop and operate at the property's highest and best use. Properties within the District receive the following economic activity beneflts as a result of the District lmprovement Project: . The District lmprovemenl Project revitalizes the Burlingame Avenue area. This revitalization will encourage new business development and existing business expansion which will reduce vacancy rates and increase lease rates for property within the District. . The streetscaping improvements encourages an increase in commerce throughout the District. The Burlingame Avenue area will become more pedestrian friendly, thus improving customer activity for stores and restaurants. The streetscaping improvements not only add economic value to property adjacent to the improvements, but the improvements make the property appear more stable and prosperous. The National complete Streets Coalition (www.completestreets.org) notes that: "street design that is inclusive of all modes of transportation, where appropriate, not only improves conditions for existing businesseq but a/so ,s a proven method for revitalizing an area and attracting new development. Washington, DC's Barracks Row was experiencing a steady decline of commercial activity due to uninviting sidewalks, lack of streetlights, and speeding traffic. After many design improvements, which included new pafterned sidewalks, more efficient public parking, and new traffic signals, Barrack's Row attracted 44 new businesses and 2OO new iobs. Economic activity on this three-quafter mile strip (measured by sales, employees, and number of pedestrians) has more than tripled since the inception of the project." 5.3.of General Benefit Section 4 of Article XIIID of the California Constitution provides that once a local agency which proposes to impose assessments on property has identified those parcels that will have special beneflts conferred upon them and upon which an assessment will be imposed, the local agency must next "separate the general benefits from the special beneflts conferred," and only the special benefits can be included in the amount of the assessments imposed. General benefit is an overall and similar benefit to the public at large resulting from the improvements to be provided by the assessments levied. The District improvements, which are more fully presented in Section 3.2 of this Engineer's Report, will be constructed and provided within the District boundaries only. There will be no improvements from the District lmprovement Project constructed outside of the District boundaries. The District lmprovement Project provide aesthetic, safety, and economic benefits to the property within the District, but it is recognized that the District lmprovement Project also provides a level of benefit to some property and businesses within proxlmity to the District, as well as visitors and individuals passing through the District. Vehicular and pedestrian traffic from property within and outside of the District as well as individual passing through the downtown Burlingame Avenue area are able to utilize the improvements to not only access property and businesses located within a close proximity to the District, but also roadways located outside of the District. Therefore, the general benefit created as a result of the District lmprovement Project has been considered. Assessment Diskict No. 2012:l - Cily of Burlingame Prepared by NBS - Fiscal Year 2016/17 5.4. Quantification of General Benefit ln order for property within the District to be assessed only for that portion of special benefit received from the District lmprovement Project, the general benefit provided by the District lmprovement Project needs to be quantified. The amount of general benefit provided from the District lmprovement Project can not be assessed to the benefitting properties within the District. To quantify the general beneflt provided to the variety of traffic that passes through the District for the general benefit of enjoying the surrounding atmosphere, observing the level of economic activity, or accessing adjacent property or arterial streets in a more efficient and safe manner, both vehicular and pedestrian traffic flows have been incorporated in the quantification of general benefit. Vehicular Traffic Activitv Access to the Burlingame Avenue commercial core area is provided by major north-south arterials. Those major arterials are El Camino Real to the west of the District and California Drive to the east of the District. Coitector streets feed traffic to these and other arterials throughout the City. As such, Burlingame Avenue is considered a collector street within the City. ln 2010, the City adopted the Burlingame Downtown Specific Plan ("specific Plan"). The Specific Plan included a Traffic lmpact Analysis Technical Memorandum ("Traffic Analysis") prepared by Wilbur Smith Associates. This Traffic Analysis evaluated existing traffic conditions at various points throughout the prolect area. One point evaluated by the consultants was existing travel conditions at the intersection of Burlingame Avenue and Park Road. The Traffic Analysis evaluaied, among other characteristics, traffic counts, turning movement data, vehicle delay, and level of servlce for each intersection. Existing conditions for the project area intersections, includingthe Burlingame Avenue intersection, were evaluated during a weekday, evening peak hour timeframe. There were 664 observed traffic counts at the intersection of Burlingame Avenue and Park Road. Park Road terminales at Burlingame Avenue requiring traffic to either turn left or right onto Burlingame Avenue. ln addition to the Traffic Analysis, information related to vehicle trips by purpose was used from the Summary of Travel Trends 2009 National Household Travel Survey ('2009 NHTS") sponsored by the U.S. Department of Transportation Federal Highway Administration. Of the observed 2,171 vehicle trips in the 2009 NHTS survey, 643 trips represented social, recreational and other travel purposes; the remaining 1,425 vehicle trips represented work, shopping and other errands. Applying this vehicle trip breakdown to the observed traffic counts at the intersection of Burlingame Avenue and Park Road, 207 of the trafflc counts represent social, recreational, and other travel purposes not directly related to District activities but more likely utilizing Burlingame Avenue as a collector street to feed to one of the adjacent arterial streets. This non-District related trafflc count represents approximately 31.20% of the total observed traffic counts and is considered to be general benefit from the District lmprovement Project. Pedestrian Traffic Activitv As result of the sidewalk improvemenls and beautification provided by the District lmprovement Project, there is a level of benefit to those pedestrians not involved with any of the shopping, dining, or other commerce activities provided by the District properties. People walk for a variety of reasons; work, errands, shopping, recreation, health, and many others. Further, pedestrians will seek out and utilize sidewalk facilities that provide a safe place to walk as well as an environment that provides a certain amount of visual interest. Again, the 2009 NHTS analyzed the annual num ber of walking trips and the purpose of the walking trips made by individuals surveyed. Of the annual total 40,962 (in millions) walking trips, 30,129 of those walking trips were for travel, work, shopping, errands, business obligations, and meals; the remaining 10,833 walking trips were for social, recreational, and other purposes. The social, recreational, and other purpose walking trips represented 26.5% of the total walking trips reported. Therefore, to account for that portion of the Burlingame Avenue pedestrian activity utilizing the improvements provided by the District lmprovement Project for non-District related activities, 26.50% of pedestrian traffic activity is considered to be of general benefit. Since the District lmprovement Prolect provides a blend of both vehicular and pedestrian activity the lwo categories must be addressed in a collective form rather than independently. Therefore, to appropriately quantify the overall level of general benefit provided by the District lmprovement Project the arithmetic mean 5-4Assessment District No. 2012-1 - Cily ol Burlingame Prepared by NBS - Fiscal Yeat 2016117 of the general benefit percentages from the vehicular traffic activity and the pedestrian traffic activity has been calculated. This general benefit result is provided in the table below. Descri n Percentage General Benefit 28.85Yo Accordingly, 71.15% ofthe benefits from the District lmprovement Project are considered to provide special benefits to the properties within the District and thus could be subject to assessment therein 5.5. Apportion ing of Special Benefit As outlined above, each of the parcels within the District is deemed to receive special benefit from the District lmprovement Project. Each parcel that has a special benefit conferred upon it as a result of the District lmprovement Project is identified and the proportionate special beneflt derived by each identified parcel is determined in relationship to the entire cost of the District lmprovement Project. Benefit Point Assignment Aesthetic nefit Points Aesthetic benefit points are assigned based upon not only the property's location to the District lmprovement Project, but also the property's zoning designation. All District parcels are located within the Builingame Avenue Commercial District, which has a commercial zoning designation. Additionally, since the Diatrict lmprovement Project is provided uniformly throughout the District all properties within the District are within the same proximity to the location of the infrastructure provided by the Diskict lmprovement Project. Therefore, the aesthetic benefit to each parcel in the District is deemed to be the same. Each property within the District is assigned one (1.00) benefit point for the aesthetic benefits received from the District lmprovement Project. Safetv Benefit Points The safety benefit points are assigned based upon not only the property's location to the District lmprovement Project, but also the property's zoning designation. All District parcels are located within the Burlingame Avenue Commercial District, which has a commercial zoning designation. Additionally, since the Diatrict lmprovement Project is provided uniform ly throughout the District all properties within the District are within the same proximity to the location of the infrastructure provided by the District lmprovement Project. Therefore, the safety benefit to each parcel in the District is deemed to be the same. Each property within the District is assigned one (1.00) benefit point for the safety benefits received from the District lmprovement Project. Economic Activitv Benefit Points The economic activity benefit points are assigned based upon not only the property's location to the District lmprovement Project, but also the property's zoning designation. All District parcels are located within the Burlingame Avenue Commercial District, which has a commercial zoning designation. Additionally, since the District lmprovement Project is provided uniformly throughout the District all properties within the District are within the same proximity to the location of the infrastructure provided by the District lmprovement Project. Therefore, the economic activity benefit to each parcel in the District is deemed to be the same. The Burlingame Avenue Commercial District is already a well-established commercial district with a strong economic activity presence. The Burlingame Avenue area features a mixture of restaurants, national retail stores, and many localty based retailers. Marketing and promotional efforts to increase the economic presence of an expanded area that includes the District boundaries is currently being funded by the Burlingame Avenue Downtown Business lmprovement District ("DBlD"). ln an effort to increase the economic presence, business owners within the DBID pay an annual assessment to fund various activities that aid in the promotion, advertising and image building of the businesses within the DBID boundaries. Existing marketing and promotional activities throughout the District area have resulted in higher tenant lease rates. According to Loopnet.com on March 23, 2012, the average lease rate along Burlingame Assessment District No. 2012-1 - City of Burlingame Prepared by NBS - Fiscal Year 2016/17 Avenue was approximately 45% higher than the average lease rate along the City's Broadway Avenue, another commercial area. Retail sales are also strong within the District, according to City Economic Development data, with sales per square foot generally ranging from $300 to $800+ per square foot. Further, there were a few new buildings constructed in the downtown around the time of formation of the District and several major remodels of existing buildings to accommodate new retail uses generally limited to tenant improvements. Given this already existing slrong economic activity presence throughout the District, as well as the potential for property to further develop and enhance their economic presence, each property within the District is assigned one-half (0.50) benefit point for the economic activity benefits received from the District lmprovement Project. The following table provides a summary of the special benefit points assigned to each parcel within the District. Parcel Land Use Classification Aesthetic Benefit Point Assignment Safety Benefit Point Assignment Economic Activity Benefit Point Assignment All District Parcels 1.00 0.50 Parcel Factors The method of apportioning the benefit to the parcels within the District reflects the proportional special benefit assigned to each property from the District lmprovement Prolect based upon the various property characteristics for each parcel as compared to other properties within the District. As part of the special benefit analysis, various property characteristics were analyzed including parcel size, street frontage, building size, land use, trip generation etc. Given that the special benefits provided by the District lmprovement Project focuses on aesthetic benefit, safety benefit, and economic activity benefits it was determined that linear frontage and lot square footage are the most appropriate parcel factors. Each parcel's linear frontage and lot square footage have been used as the primary assessment variables for the calculation and assignment of parcel factors. By adjusting the assigned special beneflt points set forth above by parcel factors, a more complete picture of the proportional special benefits received by each parcel from the District lmprovement Project is presented. Therefore, linearand lot parcel factors were calculated for each parcel in the District according to the formulas below: Linear Factor Pursuant to Section 25.32.050 of the City's Zoning Code for the Burlingame Avenue Commercial District, each lot shall have a streel frontage of at least 50 feet. Utilizing the prescribed street frontage as set forth in the City's Zoning code, a linear factor is calculated for each parcel based upon the assigned linear frontage for the parcel divided by 50.00: Linear Factor Parcel's Assigned Linear Street Frontage 50.00 There are several parcels located at street intersections within the District. The District lmprovement Project partially extends along the side streets at these intersections with Burlingame Avenue. To account for the partial extension of the District lmprovement Project at each street intersection, the side street linear frontage of the improvement has been added to each corner parcel to account for this increased linear frontage adjacent to the District lmprovement Project. Assessment District No. 2012-l - City of Burlingame Prepared by NBS - Fiscal Yeat 2016117 '1.00 5-6 Lot Factor Pursuant to Section 25.32.050 of the City's Zoning Code for the Burlingame Avenue Commercial District, each lot shall have an area of at least 5,000 square feet. Utilizing the prescribed lot square footage as set forth in the City's Zoning code, a lot factor is calculated for each parcel based upon the assigned lot square footage for the parcel divided by 5,000: Lot Factor Parcel's Assigned Lot Square Footage 5,000 Total Special Benefit Point Calculation Parcel's Total Special Benefit Points Parcel's Total Aesthetics Points +Parcel's Total Safety Points +Parcel's Total Economic Activity Points Parcel's Total Aesthetic Points The District lmprovement Project, as well as the store and property fronts that are adjacent to those linear improvements provide an enhanced level of interest and "curb appeal" that add to the overall experience along Burlingame Avenue. Since the improvements and furnishings are uniform throughout the District, the "curb appeal" is consistent for the front of each parcel located within the District. Additionally, the uniform landscaping aids in softening the surrounding edges of each parcel's front exposure to the District lmprovement Project by adding life, color, and texture to the property's appearance, and overall pedestrian experience. Given the linear nature of the aesthetic benefits provided by the District lmprovement Project, the aesthetic benefit that each property receives is also perceived on a linear basis. To appropriately quantify and assign the aesthetic benefit received by each parcel within the District, the aesthetic benefit point is further adjusted according to the formula below: Parcel's Total Aesthetic Points Aesthetic Benefit Points Assigned x Linear Factor Parcel's Total Safety Points The District lmprovement Project provides enhanced lines of travel and sight along Burlingame Avenue, which increases the level of safety by mitigating potential accidents and crime by having the additional exposure to property and traffic. The lighting improvements also increase the visual sight line by providing additional exposure to property fronts, especially during the evening hours. This additional exposure reduces the potential for crime and vandalism to the front of property throughout the District. Further, the sidewalk and parking zone along Burlingame Avenue provides a buffer for traffic and the property frontage. Again, given the linear nature of the safety benefits provided by the District lmprovement Project, the safety benefit that each property receives is also perceived on a linear basis. To appropriately quantify and assign the safety benefit received by each parcel within the District, the safety benefit point is further adjusted according to the formula below: Parcel's Total Safety Points Safety Benefit Points Assigned x Linear Factor Parcel's Total Economic Activitv Points The District lmprovement Project creates a more pedestrian friendly and inviting Burlingame Avenue environment that supports and encourages additional commerce activity throughout the District. The improvements allow parcels within the District to develop and redevelop to their highest and best use in accordance with City zoning and development regulations. However, the one limiting property characteristic that constrains a parcel from developing to the highest and best use is the size of the parcel itself. The size of a parcel limits the amount of development and redevelopment that may occur on the footprint of the parcel. Larger parcels allow for greater area to develop and redevelop than do smaller Assessment District No. 2012-1 - City of Burlingame Prepared by NBS - Fiscal Year 2016117 5-7 parcels, which corresponds to larger parcels receiving proportionally greater economic activity benefit when compared to smaller parcels within the District. Therefore, the economic activity benefit for parcels in the District is in direct proportion to the size of the parcel. Since the economic activity benefits are in direct relation to the size of a parcel, then the economic activity benefits provided by the District lmprovement Project is also perceived on a parcel size basis. To appropriately quantify and assign the economic activity benefit received by each parcel within the District, the economic activity benefit point is further adjusted according to the formula below: Parcel's Total Economic Activity Points Economic Activity Beneflt Points Assigned x Lot Factor Data Considerations and Parcel Changes The use of the latest San Mateo County Assessor's Secured Roll information served as the basis in determining each parcel's linear frontage and lot square foolage, unless better data was available to the City. ln addition, if any parcel within the District is identified bythe San Mateo County Auditor/Conkoller to be an invalid parcel number, the linear frontage and lot square footage of the subsequent valid parcel shall be the basis for assigning the future total special benefit points. lf a single parcel subdivides into multiple parcels, the total special benefit points shall be apportioned based on lhe linear frontage and lot square footage of the newly created parcels. Total Special Benefit Points The total special benefit points assigned to the parcels at formation of the District were '183.28. The following table provides a breakdown of the total special benefit point assignment for each parcel in the District: Assessment District No. 2012-'l - City of Burlingame Prepared by NBS - Fiscal Yeat 2016117 5-8 Assessor's Parcel Number ID Aesthetic Benefit Points Safety Benefit Points Economic Activity Benefit Points Linear Frontaqe Linear Factor Lot Square Footage Lot Factor Total Aesthetic Benefit Points Total Safety Benefit Points Total Economic Activity Benefit Points Total Special Benefit Points 029-122-190 1*1.00 1.00 0.50 70.00 1.40 2,123 0.42 1.40 1.40 0.21 3.01 029-122-220 2 1.00 1.00 0.50 50.50 1.01 10.776 2.16 1.01 1.01 1.08 3.10 029-122-230 3 1.00 1.00 0.50 50.00 1.00 10,286 2.06 1.00 1.00 '1.03 3.03 029-122-240 4 1.00 1.00 0.50 50.00 1.00 9,79'r 1.96 1.00 1.00 0.98 2.98 029-122-250 5 1.00 't.00 0.50 50.00 1.00 9,971 1.99 1.00 1.00 1.00 3.00 029-122-260 1.00 1.00 0.50 50.1 0 1.00 6,'195 1.24 1.00 1.00 0.62 2.62 029-122-270 7 1.00 1.00 0.50 49.90 1.00 '13,897 2.78 1.00 1.00 1.39 3.39 029-122-280 8 1.00 1.00 0.50 55.00 1.10 10.879 2.18 1.10 1.10 1.09 3.29 029-122-330 I 1.00 1.00 0.50 50.00 1.00 6.829 1.37 1.00 1.00 0.69 2.69 029-122-360 10 1.00 1.00 0.50 116.00 2.32 16,786 3.36 2.32 2.32 1.68 6.32 029-122-999 11 1.00 1.00 0.50 147.00 2.94 28,296 5.66 2.94 2.94 2.83 8.71 029-152-110 12 1.00 1.00 0.50 80.00 1.60 5,748 1.15 1.60 1.60 0.58 3.78 029-152-120 13 1.00 1.00 0.50 25.00 0.50 2,853 0.57 0.50 0.50 0.29 1.29 029-152-160 14 1.00 1.00 0.50 60.00 1.20 9,596 1.92 1.20 1.20 0.96 3.36 029-152-190 15*1.00 1.00 0.50 65.00 1.30 8,1 34 1.63 1.30 '1.30 0.82 3.42 029-1s2-200 '16 1.00 1.00 0.50 65.82 1.32 8,237 1.65 1.32 1.32 0.83 3.47 029-152-210 17 1.00 1.00 0.50 60.00 1.20 7.200 1.44 1.20 1.20 0.72 3.12 029-152-220 18 1.00 1.00 0.50 41.57 0.83 4,988 't.00 0.83 0.83 0.50 2.16 029-152-230 't9 1.00 1.00 0.50 65.00 1.30 6,000 1.20 1.30 1.30 0.60 3.20 029-152-270 20 1.00 1.00 0.50 60.00 1.20 7,508 1.50 1.20 1.20 0.75 3.15 029-152-310 21*1.00 1.00 0.50 60.00 1.20 8,322 1.66 1.20 1.20 0.83 3.23 029-152-320 22 1.00 1.00 0.s0 '104.58 2.09 27,590 5.52 2.09 2.09 2.76 6.94 029-'t52-330 23 1.00 't.00 0.50 75.00 1.50 8,572 1.71 1.50 1.50 0.86 3.86 029-1 53-090 24 1.00 1.00 0.50 91.50 1.83 3.726 0.75 1.83 1.83 0.38 4.04 029-153-120 25 1.00 1.00 0.50 88.33 1.77 3,78't 0.76 1.77 1.77 0.38 3.92 029-1 53-1 50 26 1.00 1.00 0.50 95.50 '1.91 10,347 2.07 1.91 1.91 1.04 4.86 029-201-030 27 1.00 1.00 0.50 40.00 0.80 5,000 1.00 0.80 0.80 0.50 2.10 029-201-040 28 1.00 1.00 0.50 50.00 1.00 6,250 1.25 1.00 1.00 0.63 2.63 029-201 -060 29 1.00 1.00 0.50 108.08 2.16 14,823 2.96 2.16 2.16 1.48 5.80 029-201-070 30*1.00 1.00 0.50 54.00 '1.08 9,069 1.81 1.08 1.08 0.91 3.07 029-201-080 31 1.00 1.00 0.50 54.08 1.08 9,643 1.93 1.08 1.08 0.97 3.13 029-201-100 32 1.00 1.00 0.50 50.00 1.00 3,750 0.75 1.00 1.00 0.38 2.38 029-201-110 33 1.00 1.00 0.50 86.00 1.72 3,750 0.75 1.72 1.72 0.38 3.82 029-201-320 34 1.00 1.00 0.50 159.39 3.19 13,316 2.66 3.19 3.19 1.33 7.71 029-201-360 )E 1.00 1.00 0.50 100.00 2.00 18,000 3.60 2.00 2.00 1.80 5.80 029-201-370 36 1.00 1.00 0.50 25.00 0.50 3,125 0.63 0.50 0.50 o.32 1.32 029-201 -380 37 1.00 1.00 0.50 25.00 0.50 3,125 0.63 0.50 0.50 0.32 1.32 029-202-010 38 1.00 1.00 0.50 136.00 2.72 12.675 2.54 2.72 2.72 1.27 6.71 029-202-020 39 1.00 1.00 0.50 60.50 1.21 7,086 1.42 1.21 1.21 0.71 3.13 5-9Assessment District No. 2012-1 - City of Burlingame Prepared by NBS - Fiscal Year 2016117 Assessor's Parcel Number ID Aesthetic Benefit Points Safety Benefit Points Economic Activity Benefit Points Linear Frontage Linear Factor Lot Square Footaqe Lot Factor Total Aesthetic Benefit Points Total Safety Benefit Points Tota! Economic Activity Benefit Points Total Special Benefit Points 029-202-030 40*1.00 1.00 0.50 25.00 0.50 2,552 0.51 0.50 0.50 0.26 1.26 029-202-040 41 1.00 1.00 0.50 25.00 0.50 2,403 0.48 0.s0 0.50 0.24 1.24 029-202-080 42 1.00 1.00 0.50 75.06 1.50 4,453 0.89 1.50 1.50 0.45 3.45 029-202-090 43 1.00 1.00 0.50 51.24 1.02 4.770 0.95 1.02 1.02 0.48 2.52 029-204-030 44 1.00 1.00 0.50 55.00 1.10 5.500 1.10 1.10 1.10 0.55 2.75 029-204-040 45 1.00 1.00 0.50 45.00 0.90 4,500 0.90 0.90 0.90 0.45 2.25 029-204-050 46 1.00 1.00 0.50 45.00 0.90 4,500 0.90 0.90 0.90 0.45 2.25 029-204-060 47 1.00 't.00 0.50 94.00 1.88 5,850 1.17 1.88 1.88 0.59 4.35 029-204-270 48 1.00 1.00 0.50 1't6.50 2.33 8,1 00 1.62 2.33 2.33 0.81 5.47 029-211-010 49 1.00 1.00 0.50 103.33 2.07 4,417 0.88 2.07 2.07 0.44 4.58 029-211-260 50 1.00 1.00 0.50 169.00 3.38 15,400 3.08 3.38 3.38 1.54 8.30 Totals:50.00 50.00 25.00 3.527.93 70.56 420,488 84.13 70.56 70.56 42.16 183.28 " lndicates assessment has been prepaid Assessment District No. 2012-1 - City of Burlingame Prepared by NBS - Fiscal Year 2016117 5-1 0 6. T|IIETHOD ASSESSMENT 6,7. Assessment Budget ln order to assess the parcels within the District for the special benefits received from the District lmprovement Project, the general and special benefits must be separated. As previously quantified in Section 5.4 of this Engineer's Report, the general benefit received from the District lmprovement Project is 28.85%. Accordingly, 71.15% of the benefits from the District lmprovement Project are considered to provide special benefits to the properties within the District and thus could be subject to assessment therein. However, as shown below, because of contributions from various funds available to the City, including the sewer, water, and parking enterprise funds, Measure A funds, and grant funds, only 53.11o/o of the District lmprovement Project costs are being specially assessed. Reducing the District lmprovement Project costs by these contributions, the total District lmprovement Project costs to be specially assessed are as follows: (1)812 of the District lmprovement costs have been financed over a period of 30 years. The City issued bonds for the total District lmprovement Project costs assessed for special benefit and will use the assessment revenues to repay the bonds, over a period of 30 years, for the District's portion of that cost, $5,620,812, plus the City's estimated financing and interest costs. Section 6.3 of this Engineer's Report provides the basis of the average annual debt service payment used to establish the annual assessments. Assessment Rate per Special Benefit Point The assessment rate per special benefit point is calculated by dividing the total annual assessable budget by the total special benefit points assigned to the parcels in the District. The following formula provides the assessment rate per special benefit point calculation: Assessment District No. 2012-1 - City of Burlingame Prepared by NBS - Fiscal Year 2016117 AmountDescription $11,227,015Total Net District lmprovement Project Costs (3,238,ee4)Less: General Benefit Contribution (28.85%) $7,988,021Subtotal- Portion of Budget Assessable for Special Benefit Less: Sewer and Water Enterprise Fund Contribution ($922,000) (301,000)Less:TLC Grant (782,432)Less: Additional Contribution from Parking Enterprise Fund (20,195)Less: Additional City Contribution $5,962,394Total District lmprovement Project Costs Assessed for Specia! Benefit(1) $341,582TotalAmount Pre-Paid During 30 Day Collection Period Annual Assessable Budget: $31 0,1 56Average Annual Debt Service Payment for District lmprovement Project Costs $310,156Tota! Annual Assessable Budget 6-1 Total Annual Assessable Budget / Total Special Benefit Points = Assessment Rate per Special Benefit Point $310,156 / 169.29 = $1,832.10 The total amount of financed District lmprovement Project costs, which has been determined to provide special benefit to parcels within the District, will be assessed over a period of 30 years. The individual assessments are shown on the assessment roll in Section 8 of this Engineer's Report. 0.2. liethod of Assessment Spread The method of assessment is based upon a formula that assigns the special benefit to each parcel, with special benefit points being adjusted by parcel linear and lot factors. The formulas below provide a summary of the annual assessmenl calculation for each parcel in the District. (A) Parcel's Total Aesthetic Poinls (B) Parcel's Total Safety Points (c) Parcel's Total Economic Activity Points (D) Linear Factor (E) Lot Factor (F) Parcel's Total Special Benefit Points Parcel's Assigned Safety Benefit Points (1.00) Parcel's Assigned Economic Activity Benefit Points (0.50) Parcel's Assigned Linear Frontage Parcel's Assigned Lot Square Footage (D) Linear Factor (D) Linear Factor (E) Lot Factor 50.00 5,000 (c) Parcel's Total Economic Activity Points x X x (A) Parcel's Total Aesthetics Points (B) Parcel's Total Safety Points ++ Parcel's Annual Assessment Assessment Rate $1 ,832.10 (F) Parcel's Total Special Benefit Points x 6.3. Disfrict lmproyemeil Prqed Debt Financing The $5,620,812 portion of Djstrict lmprovement Prolect costs assessed to property within the District has been financed over a period of 30 years. ln addition to the amount of financed District lmprovement Project costs, any financing costs related to the issuance of debt such as the cost of issuance, original issue discount, and contingencies were included as part of the total amount financed. The City has calculated the annual assessment based on its costs of financing the District's portion of the District lmprovement Assessment District No. 2012-1 - City of Burlingame Prepared by NBS - Fiscal Year 20'16117 Parcel's Assigned Aesthetic Benefit Points ('1.00) o-z Project assessed for special benefit costs over a 30 year period, and has determined that it requires an annual assessment amount of $310,156 from the District. The difference betlveen the original estimated financing costs and lhe actual financing costs will not affect the annual assessments shown in this Engineer's Report. 6.4. Asse*ment Prepayment Fomula Assessment Prepayment Formula During the 30 Days Following District Formation ln the 30 days after the formation of the District, property owners had the option to prepay and permanently satisfy their portion of the total District lmprovement Project costs assessed for special benefit, without interest, and without financing costs, according to the following formula: Parcel's 30 Day Prepayment Amount Total District lmprovement Project Costs Assessed for Special Benefit $4,475,000 Parcel's Total Special Benefit Points Districl's Total Special Benefit Points 183.28 x Parcel's 30 Day Prepayment Amount x Parcel's Total Special Benefit Points Assessment Prepayment Formula After the 30 Day Period Following District Formation Property owners within the District may prepay and permanently satisfy their entire portion (no partial prepayments) of the total annual assessmenl of an assessor's parcel, provided that a prepayment may be made only if there are no delinquent assessments with respect to such assessor's parcel at the time of prepayment. An owner of an assessor's parcel intending to prepay the ongoing annual assessment obligaiion shall provide the City with written notice of intent to prepay. Within 30 days of receipt of such writdn notice, the City shall notify such owner of the prepayment amount of such assessor's parcel. The assessment prepayment amount shall be calculated by the following steps: Step 1: Compute the special benefit points that could be assigned to the assessor's parcel prepaying the annual assessment obligation in the flscal year in which the prepayment would be received by the City. Step 2: Divide the special benefit points computed pursuant to Step 1 for such assessor's parcel by the total special benefit points that could be assigned in that fiscal year to property in the entire District. Step 3: Multiply the quotient computed pursuant to Step 2 by the total annual assessment to compute that portion of the total annual assessment to be prepaid ("Parcel's Annual Assessment Amount"). Step 4: Calculate the revenue stream produced by the Parcel's Annual Assessment Amount from the date of prepayment up to and including the maturity date of the District, June 30, 2042, except that this assumed final maturity date may be amended by the City no Iater than the time of the calculation of the prepayment. Step 5: Calculate the present value of the annual revenue stream determined in Step 4. The present value shall be calculated using that discount rate which, when the prepayment is invested in City approved availabte investments earning a rate of interest equal to the discount rate, would produce annual revenues equal to the amount calculated in Step 4. Assessment District No. 2012-1 - Cily of Burlingame Prepared by NBS - Fiscal Yeat 2016117 6-3 ) ) Step 6: Determine the prepayment amount by adding to the present value calculated in Step 5 any fees or expenses incuned by the City in connection with the prepayment calculation or the application of the proceeds of the prepayment. Assessment District No. 2012-1 - City of Burlingame Prepared by NBS - Fiscal Yeat 2016117 6-4 7, ASSESS/iWENT DIAGRAM An Assessment Diagram for the District is shown on the following page. The lines and dimensions of each lot or parcel within the District are those lines and dimensions shown on the maps of the County Assessor of the County of San Mateo, at the time this report was prepared, and are incorporated by reference herein and made part of this Engineer's Report. Assessment District No. 2012-1 - City of Burlingame Prepared by NBS - Fiscal Yeat 2016117 ASSESSMENT DIAGRAM CITY OF BURLINGAME ASSESSMENT DISTRICT NO. 2012.1 DOWNTOWN BURLINGAME AVENUE STREETSCAPE IMPROVEMENT PROJECT CITY OF BURL]NGAME COUNTYOF SAN iIATEO STATE OF CALIFORNI,A ASSESSTENT IO wl2-1q o*12-220 0x-1n29 ob12240 o*12-2* o*12-2@ 02*122-270 o*12-2U o&1n-39oblD-g 0&122-S9 029152-110 0&152tr 0&152-1S 0a152-1S 0&152-m w152210 o*152-m 0&152-2S oblv-270 04r 52-310 0&152-3rw1a-w 0a1siru 0&1s120 04153-1S 0&201{& o*20140 0&m1@ 0&201{70 02$201{& 0&201-t@ 0441-r10 opI1-m 0&201-s0 ob201-370 opm1-s o*m2410 oN@420 0&202{sO*MN 0&202& 0&202470 0292U{30 0&2v400&ry{soaa@ ob-2M-270 0a-211{10 04-211-2& FILED IN THE OFFICE OF THE CITY CLERK OF THE CITY OF BURLTNGAME TH|S _ OAY OF _, 2012.1 2 3 5 6 7 8 9 lo t1 12 t3 11 15 16 17 IE t9 N 21 22 23 21 26 27 28 29s 31 33v 35s 37 38 39 40 42 43 45$ 4E 49s CITY CLERK CITY OF BURLINGAME SAN MATEO COUNTY, CALIFORNIA AN ASSESSMENT WAS LEVIED BY THE CIfY COUNCIL OF THE CIry OF BURLINGAME ON THE LOTS, PIECES AND PARCELS OF LAND SHOWN ON THIS ASSESSMENT DIAGRAN4, THE ASSESSMENT WAS LEVIEO ON THE -DAY OF -, 2012. REFERENCE IS MADE TO THE ASSESSMENT ROLL RECORDED IN THE OFFICE OF IHE SUPERINTENOENT OF STREETS FOR THE EXACTAMOUNT OF EACH ASSESSMENT LEVIED AGAINST EACH PARCEL OF LAND SHOWN ON THIS ASSESSMENT DIAGRAI\4, CIry CLERK CIry OF BURLINGAME SAN MATEO COUNTY CALIFORNIA RECORDED IN THE OFFICE OF THE SUPERINTENOENT OF STREETS OF THE CITY OF BURLINGAME, THIS - DAY OF -, 2012, SL'PERII''TEI\'OEI"IT OF ST S CIry OF BURLINGAME SAN MATEO COUNTY CALIFORNIA F|LED TH|S _ DAY OF _, 2012, AT THE t-tOUR OF _o'clocK _M, tN BooK_ oF MAPS OFASSESSMENTAND COMMUNITY FACILITIES DISTRICTSAT PAGE - IN THE OFFICE OF THE COUNry RECORDER OF THE COUNTY OF SAN MATEO, STATE OF CALIFORNIA. COUNTY RECORDER SAN MATEO COUNTY CALIFORNIA NOTES| FOR PARTICULARS OF TH€ LINESAND DIMENSIONS OF ASSESSORS PARCELS, REFERENCE IS MADE TO THE MAPS OF THE ASSESSOR OF THE COUNTY OF SAN I\4ATEO, CrtttBs Legend 720 EEitf hrt!,iaq Crk U. L.ri.h ti811lrrirtrrrri: i,I. I -i.fflr.sr r! | f.Jrl ri 0 120 240 480 PROPOSED NSESSMENT OISTRICf BOUNDARY PARCEL LNES 8. ASSESSMENT ROLL The assessment roll is a listing of the assessment apportioned to each lot or parcel, as shown on the last equalized roll of the Assessor of the County of San Mateo. The following table summarizes the assessments for the District for Fiscal Year 2016117: Property Land Use Type Parcel Count Total Special Benefit Points Allowable Annual Assessment Total Annual Assessment All Parcels 45 169.29 $1,832.10 per special benefit point $31 0,1 56 Tota!45 169.29 $310,156 The assessment roll is a listing of the District assessment apportioned to each lot or parcel, as shown on the last equalized roll of the Assessor of the County of San Mateo. The assessment roll for the District is listed on the following page. Assessment District No. 2012-1 - City of Burlingame Prepared by NBS - Fiscal Year 2016117 8-1 City of Burlingame City of Burlingame Assessment District No. 2012-l Downtown Burlingame Avenue Streetscape lmprovement Project Fiscal Year 20'|.6117 Assessment Roll Assessor'sParcel AssessmentNumber lD Site Address Total Special Benefit Points Annual Assessment(1) 029-122-220 029-122-230 029-122-240 029-122-250 029-122-260 029-122-270 029-122-280 029-122-330 029-122-360 029-122-999 029-152-110 029-152-120 029-1 52-1 60 029-152-200 029-1s2-210 029-152-220 029-152-230 029-152-270 029-152-320 029-152-330 029-1 53-090 029-1 53-1 20 029-153-'1 50 029-201 -030 029-201-040 029-201 -060 029-201 -080 029-201 -1 00 029-201-110 029-201-320 029-201 -360 029-201-370 029-201 -380 029-202-010 029-202-020 029-202-040 029-202-080 029-202-090 029-204-030 029-204-040 029-204-050 029-204-060 029-204-270 029-211-010 029-211-260 $s,679.51 5,551.26 5,459.66 5,496.30 4,800.10 6,210.82 6,027.61 4,928.35 11,578.87 15,957.59 6,925.34 2,363.41 6,155.86 6,357.39 5,716.15 3,957.34 5,862.72 5,771.',12 12,714.77 7,071.91 7,401.68 7,1 81 .83 8,904.01 3,847.41 4,818.42 10,626.18 5,734.47 4,360.40 6,998.62 14,125.49 10,626.'t8 2,418.37 2,418.37 12,293.39 5,734.47 2,271.80 6,375.71 4,561.93 5,038.28 4,122.23 4,122.23 7,969.64 10,021.59 8,391.02 15,206.43 2 3 4 5 6 7 8 I 10 11 12 13 14 16 17 18 19 20 22 23 24 25 26 27 28 29 31 32 33 34 35 36 37 38 39 41 42 43 44 45 46 47 48 49 50 1420 BURLINGAME AVE 1426 BURLINGAME AVE 1436 BURLINGAME AVE 1442 BURLINGAME AVE 1448 BURLINGAME AVE 1460 BURLINGAME AVE 1462 BURLINGAME AVE 1408 BURLINGAME AVE 1490 BURLINGAME AVE 1476-80 BURLINGAME AVE 12OO BURLINGAME AVE 1208 BURLINGAME AVE 1232 BURLINGAME AVE 1316 BURLINGAME AVE 1348 BURLINGAME AVE ,1354 BURLINGAME AVE 1380 BURLINGAME AVE 13OO BURLINGAME AVE 1218 BURLINGAME AVE 1210 BURLINGAME AVE 11OO BURLINGAME AVE .1 1 50-60 BURLINGAME AVE 1108.18 BURLINGAME AVE 1471 BURLINGAME AVE 1461 BURLINGAME AVE 1435 BURLINGAME AVE 1423 BURLINGAME AVE 1407 BURLINGAME AVE 1401 BURLINGAME AVE 1479-9l BURLINGAME AVE 1417 BURLINGAME AVE 1453 BURLINGAME AVE 1451 BURLINGAME AVE ,I375 BURLINGAME AVE 1325 BURLINGAME AVE 1315 BURLINGAME AVE 1301 BURLINGAME AVE 1309 BURLINGAME AVE 1221 BURLINGAME AVE 1213 BURLINGAME AVE 1207 BURLINGAME AVE 1205 BURLINGAME AVE ,1227 BURLINGAME AVE 1101 BURLINGAME AVE 1111 BURLINGAME AVE 3.10 3.03 2.98 3.00 2.62 3.39 3.29 2.69 6.32 8.7',! 3.78 't.29 3.36 3.47 3.'12 2.16 3.20 3.15 6.94 3.86 4.04 3.92 4.86 2.10 2.63 5.80 3.13 2.38 3.82 7.71 5.80 1.32 1.32 6.71 3.13 1.24 3.45 2.52 2.75 2.25 2.25 4.35 5.47 4.58 8.30 TOTALS:169.29 $310,1s6.23 ('1) Difference due to rounding Page 1 of 1 STAFF REPORT AGENDA NO: MEETING DATE: June 6, 2016 To:Honorable Mayor and City Gouncil Date: June 6,2016 From: Syed Murtuza, Director of Public Works - (650) 558-7230 Subject:Adoption of Resolutions lnitiating Proceedings to Renew the Levy and Collection of Assessments for the Downtown Burlingame Avenue Streetscape lmprovement Project for Fiscal Year 2016-17 RECOMMENDATION Staff recommends that the City Council adopt the attached resolutions to initiate proceedings to renew the levy and collection of assessments for the Downtown Burlingame Avenue Streetscape lmprovement Assessment District No. 2012-1for fiscal year 2016-17 as follows: a. lnitiate proceedings for the levy and collection of assessments for fiscal year 2016-17; b. Approve the Annual Engineer's Report for fiscal year 2016-17; and c. Declare the intention to levy and collect assessments for fiscal year 2016-17. BACKGROUND At its April 2,2012 meeting, the City Council initiated the proceedings to form the Downtown Burlingame Avenue Streetscape lmprovement Assessment District No. 2012-1. The proceedings were conducted under the provisions of the Landscaping and Lighting Act of 1972, Part 2, Division 15 of the California Streets and Highways Code (Act). Weighted ballots were sent via certified mail to the property owners on April 5,2012. At the May 21,2012 meeting, the City Council conducted a Public Hearing to tabulate ballots for the Assessment District. The results of the ballot showed no "majority protest", thereby allowing the City Council to order improvements, form the Assessment District, and levy assessments totaling $335,787 annually for 30 years to the downtown Burlingame Avenue property owners. Property owners were given the option to pre-pay their assessments to avoid paying annually. Five property owners have exercised this option. DISCUSSION The Engineer's Report is updated annually to reflect any changes that may have occurred to property configuration in the Assessment District. The Act requires an annual Public Hearing to confirm and levy the assessment. The Public Hearing will be held on June 20, 2016. 1 i Levy and Collection ol AssessmenB for the Downtown Eurlingame Avenue Streebcape lmprovemena Prcject for Fiscal Year 2016-17 June 6, 2016 FISCAL IMPACT The total assessment for fiscal yeat 2016-17 is $310,156, which reflects pre-payments by property owners. Funds collected through assessments will be used as part of debt payment for Burlingame Avenue Streetscape bonds. Exhibits:. Resolution lnitiating Proceedings for Levy & Collections . Resolution Approving Annual Report FY 2016-17 . Resolution Declaring lntention to Levy & Collect Assessments . Updated Engineer's Report for FY2016-17 . Staff Report - April 2, 2012, Downtown Burlingame Avenue Streetscape lmprovements - Assessment District 201 2-1 . Staff Report - May 21,2012, Public Hearing to Form Assessment District for Downtown Burlingame Avenue Streetscape lmprovements 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME, CALIFORNIA, INITIATING PROCEEDINGS FOR THE LEVY AND COLLECTION OF ASSESSMENTS FOR THE DOWNTOWN BURLINGAME AVENUE STREETSCAPE IMPROVEMENT PROJECT FOR FISCAL YEAR 2016-17 The City Council (the "Council") of the City of Burlingame (the "City") resolves as follows WHEREAS, the Engineer's Report is updated annually ("Annual Report") to reflect any changes that may have occurred to property configuration in the Assessment District NOW, THEREFORE BE IT RESOLVED, DETERMINED, AND ORDEREO BY THE COUNCIL, AS FOLLOWS: 1. Annual Report: The Council hereby orders staff to prepare and file with the Clerk the Annual Report concerning the levy and collection of assessments within the Assessment District for the fiscal year commencing July 1, 2016 and ending June 30, 2017 2. New lmprovements or Changes to Existing lmprovements: There are no changes to s being added to the list of improvements sment District Ann Keighran, existing improvements nor are there any item previously approved at the formation of the As a 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 6rh day of June, 2016 and was adopted thereafter by the following vote COUNCILMEMBERS: BEACH, BROWNRIGG, COLSON, KEIGHRANAYES: NOES: ABSENT COUNCILMEMBERS: NONE COUNCILMEMBERS: ORTIZ cesanarer,erk RESOLUTION NO. 53.2016 WHEREAS, the Council previously completed its proceedings in accordance with the Landscaping and Lighting Act of 1972, Part 2, Division 15 of the California Streets and Highways Code (commencing with Section 22500) (the "Act") to establish the City's Downtown Burlingame Avenue Streetscape lmprovement Project (the "Assessment Diskict"); and A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME, CALIFORNIA, APPROVING THE ANNUAL REPORT FOR THE DOWNTOWN BURLINGAME AVENUE STREETSCAPE IMPROVEMENT PROJECT FOR FISCAL YEAR 2016-17 The City Council (the "Council") of the City of Burlingame (the 'City") does resolve as follows WHEREAS, the Council previously completed its proceedings in accordance with and pursuanl to the Landscaping and Lighting Act of 1972, Part 2, Division 15 of the California Streets and Highways Code (commencing with Section 22500) (the "Act") to establish the City's Downtown Burlingame Avenue Streetscape lmprovement Project (the "Assessment District''); and WHEREAS, the Council has, by previous resolution, ordered staff to prepare and file the Annual Report concerning the levy and collection of assessments within the Assessment District; and WHEREAS, staff has prepared and filed such Annual Report with the Clerki and WHEREAS, the Council has reviewed the Annual Report. NOW, THEREFORE BE IT RESOLVEO, DETERMINED, AND ORDERED BY THE COUNCIL, AS FOLLOWS: Approval of Report: The Council hereby approves the Annual Report concerning the1 levy of assessments as submitted for the fiscal year commencing July 1, 2016 and ending June 30,2017 nn Keighran,a or 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 6rh day of June, 2016 and was adopted thereafter by the following vote: AYES: NOES: ABSENT COUNCILMEMBERS: BEACH, BROWNRIGG, COLSON, KEIGHRAN COUNCILMEMBERS: NONE COUNCI LtvIEMBERS: ORTIZ eaghan Hass -Shearer, City Clerk RESOLUTTON NO. 54-2016 RESOLUTION NO. 55.2016 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME, CALIFORNIA, DECLARING ITS INTENTION TO LEVY AND COLLECT ASSESSMENTS FOR THE DOWNTOWN BURLINGAME AVENUE STREETSCAPE IMPROVEMENT PROJECT FOR FISCAL YEAR 2416-17 The City Council (the "Council") of the City of Burlingame (the "City") resolves as follows: WHEREAS, the Council previously completed its proceedings in accordance with the Landscaping and Lighting Act of 1972, Pat 2, Division 15 of the California Streets and Highways Code (cornmencing with Section 22500) (the "Act") to establish the City's Downtown Burlingame Avenue Streetscape lmprovement Project (the "Assessment District"); and WHEREAS, there have been no changes to the prior year Annual Report concerning the levy and collection of assessments within the Assessment District. NOW, THEREIORE BE IT RESOLVED, DETERMINED, AND ORDERED BY THE COUNCIL, A$ FOLLOWS: 1. lntention: The Council declares its intention to levy and collect assessments within the Assessment District to pay the costs of the lmprovements for the fiscal year commencing July 1 , 2A16 and ending June 30, 2Q17. The Council finds that the public's best interest requires such action. 2. Improvements: The lmprovements include, but are not limited to: streetscape items such as sidewalk, street and pedestrian lighting, trees and landscaping, seating, signage, kiosks, gateway treatments, site furnishings, and other parking improvements, appurtenant facilities, and soft costs. 3. Assessment District Boundaries: The boundaries of the Assessment District are as shown by the assessment diagram filed in the office of the City Clerk, which map is made a part hereof by this reference. 4. Annual Report: Reference is made to the Annual Report, on file with the Clerk, for a full and detailed description of the improvements, the boundaries of the Assessment District and the zones therein, and the proposed assessments upon assessable lots and parcels of land within the Assessment District. 5. Notice of Public Hearing: The Council hereby declares its intention to conduct a Public Hearing concerning the levy of assessments in accordance with Section 22629 of the Act. All objections to the assessment, if any, will be considered by the Council. The Public Hearing will be held on Monday June 20, 2016 at 7:00 pm or as soon thereafter as is feasible in the Council Chambers [ocated at 501 Primrose Road, Burlingame, CA 94010. The Council further orders the Clerk to publish notice of this resolution in accordance with Section 22626 of the Act. G. lncrease of Assessment: The maximum assessment is not proposed to increase from the previous year above that previously approved by the property owners (as "increased assessment" is defined in Section 54954.6 of the Government Code). Ann Keighran, [Vla l, tvleaghan 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 6th day of June, 2016 and was adopted thereafter by the following vote: AYES: NOES: ABSENT: COUNCILMEIV1BERS: BEACH, BROWNRIGG, COLSON' KEIGHRAN COUNCI LtvIEMBERS: NONE COUNCILMEMBERS: ORTIZ , City ClerkC, )NBS helpang coftmu.ltle City of Burlingame Assessment District No. 2012-1, Downtown Burlingame Avenue Streetscape lmprovement Project Engineer's Report City of Burlingame Fiscal Year 2016/17 Main Office 32605 Temecula Parkway, Suite 100 Temecula. CA 92592 Toll free: 800.676.7516 Regional Office 870 Market Street, Suite 1223 San Francisco, CA 94102 Toll free: 800.434.8349 TABLE OF CONTENTS 1. EXECUTIVE SUMMARY 1-1 2-1 ,,,.,....2.1 2. INTRODUCTION Background of Dishict 3. PLANS AND SPECIFICATIONS 3-1 2.1. 2.2. 2.3. 3.1. 3.2. 3.3. 5.1. 5.2. 5.3. 5.4. 5.5. 6.1. 6-2. 6.3. 6.4. 3-'1 3-1 3-1 Description of the Boundaries of the District Description of the District lmprovement Project............ - Map of District lm provement Project............. 4. ESTIMATE OF COSTS 4.1 . District lmprovement Project Costs 5. SPECIAL AND GENERAL BENEFIT lntroduction ldentifi cation of Benefi t Separation of General Benefit Quantification of General Benefit............. Apportioning of Special Benefit............. 6. METHOD ASSESSMENT 4-1 4-1 5-1 5-1 5-'1 5-3 5-4 5-5 6-1 6-2 6-2 6-3 6-1 Assessment Budget Method of Assessment Spread District lmprovement Project Debt Financing Assessment Prepayment Formu|a........... 7. ASSESSMENT DIAGRAM 8. ASSESSMENTROLL 7-1 8-1 7. EXECUTIVE SUMMARY The City Council of the City of Burlingame ("City Council"), pursuant to the Landscaping and Lighting Act of 1972, being Division 15, Part 2 of the Streets and Highways Code of the State of California (1972 Act"), previously formed the assessment district known and designated as "Assessment District No.2012-1, Downtown Burlingame Avenue Streetscape lmprovement Project", (hereafter referred to as the "District"). The City Council has adopted the Resolution lnitiating Proceedings directing NBS to prepare and file a report for Fiscal Year 2016117 presenting the improvements, an estimated cost, including debt financing, of the improvements, annual administrative costs, and a diagram showing the area and properties to be assessed. The following assessment is authorized in order to pay the estimated costs, including debt financing of the improvements and annual administrative costs to be paid by the assessable real property within the boundaries of the District in proportion to the special benefit received. The following table summarizes the assessment: 5.4. (2) Contemporaneously with the District lmprovement Project, the City, using sewer and water enterprise funds, replaced the sewer and water lines under Burlingame Avenue (the overall total cost for all projects is $15,443,660). A portion of the money for that project was allocated for patching the streets and sidewalks. Since the District lmprovement Project eliminates the need for patching, the $922,000 is being contributed to the District lmprovement Project. (3) See Section 6.3. Description Amount District lmprovement Project Costs $11,227,015 (3,238,9e4)Less: Allocation to General Benefit(1) Subtotal: Allocation to Special Benefit $7,988,021 Less: Sewer and Water Enterprise Fund Contribution(2)($922,000) Less: TLC Grant (301,000) Less: Additional Contribution from Parking Enterprise Fund (782,432) Less: Additional City Contribution (20,1e5) Tota! Amount to be Specially Assessed $5,962,394 TotalAmount Pre-Paid During 30 Day Collection Period $341,582 Annual Assessable Budget: Average Annual Debt Service Payment(3)$31 0,1 56 Total Annual Assessable Budget $310,156 Assessment District No. 2012-1 - City of Burlingame Prepared by NBS - Fiscal Year 2016117 1-1 2. INTRODUCTION 2.1. Background of District The City of Burlingame ("City") has completed, in coordination with planned utility improvements, the Downtown Burlingame Avenue Streetscape lmprovement Prgect ('Diskict lmprovement Project"). The District lmprovement Project provided an opportunity for community stakeholders to plan and implement streetscaping and sidewalk improvements that complement the evolving vision and needs of the Burlingame Avenue property owners, merchants and community. The District lmprovement Project improves the public infrastructure that fronts property along Burlingame Avenue (and portions of certain side streets at intersections with Burlingame Avenue) between El Camino Real and California Drive. Further, the District lmprovement Project enhances the overall experience of merchants and visitors by creating a memorable Burlingame Avenue for shopping, dining, and strolling. 2.2. Reason for the Aesessment The assessment covered by this Engineer's Report will generate the assessment revenue necessary to provide for a portion of the public improvements provided by the District lmprovement Project and further described in Section 3.2 of this Engineer's Report. The District improvements may include but are not limited to, all of the following: streetscape improvements, sidewalk improvements, District financing costs, and administrative costs associated with the ongoing annual administration of the District. 2.3. Establishment of the Assessment The City formed the District and established assessments by complying with the procedures specified in Article XlllD and the Proposition 218 Omnibus lmplementation Act ("Proposition 218"). In November'1996, the voters in the State of California added Article XlllD to the California Constitution imposing, among other requirements, the necessity for the City to conduct an assessment ballot procedure to enable the owners of each property on which assessments are proposed to be enacted, the opportunity to express their support for, or opposition to the proposed assessment. The basic steps of the assessment ballot procedure are outlined below. The City prepared a Notice of Public Hearing ("Notice"), which describes, along with other mandated information, the reason for the proposed assessments and provided a date, time, and location of a public hearing to be held on the matter. The City prepared an assessment ballot, which clearly gave the property owner the ability to sign and execute their assessment ballot either in favor of, or in opposition to, the assessment. The Notice and assessment ballots were mailed to each affected property owner within the District a minimum of 45 days prior to lhe public hearing date as shown in the Notice. The City held community meetings with the property owners to discuss the issues facing the District and lo answer property owner questions directly. After the Notice and assessment ballots were mailed, property owners were given until the close of the public hearing, as stated in the Notice, to return their signed and executed assessment ballot. During the public hearing, property owners were given the opportunity to address the City Council and ask questions or voice theirconcerns. Afterthe publichearing, the returned assessment ballots received priortotheclose of the public hearing were tabulated, weighted by the proposed assessment amounl on each property and the results were announced by the City Council. Article XlllD provides that if, as a result of the assessment ballot proceeding, a majority protest is found to exist, the City Council shall not have the authority to enact the assessments as proposed. A majority protest Assessment District No. 2012-1 - City of Burlingame Prepared by NBS - Fiscal Year 2016/17 2-1 exists if the assessments represented by ballots submitted in opposition exceed those submitted in favor of the assessment. All returned ballots were tabulated and weighted according to the financial obligation of each particular parcel. There wasn't a majority protest as described above and the City Council approved the District formation and assessments. The City Council will annually declare its intention to levy and collect the assessments within the District and hold a public hearing concerning such levy of assessments. At such time all interested persons shall be afforded the opportunity to hear and be heard. Assessment District No. 2012-1 - City of Burlingame Prepared by NBS - Fiscal Year 2016117 2-2 3, PLANS AND SPECIFICATIONS The District provides for various Burlingame Avenue streetscape and sidewalk improvements located within the public right-of-way and dedicated easements within the boundaries of the District. 3.1. Descrtpfion of the Boundaries of the District The boundaries of the District include properties located along Burlingame Avenue within the City. The District runs along Burlingame Avenue and is bounded on the east by Califomia Drive and on the west by El Camino Real. The City will not provide public improvements from the District lmprovement Project to any area located outside of the District boundaries. Section 7 of this Engineer's Report provides an assessment diagram that more fully provides a description of the District's boundaries and the parcels within those boundaries. 3.2. Description of the District lmprovement Proiect The District lmprovement Pro.iect includes streetscape items such as sidewalk, street and pedestrian lighting, trees and landscaping, seating, signage, kiosks, gateway treatments, site furnishings, and other pirking improvements, appurtenant facitities, and solt costs. The District lmprovement Project provides for public im provements to be distributed throughout the entire District, and as such, are of direct and special benefit to the parcels within the District. The District lmprovement Project consists of a classic design style with touches of kaditional and contemporary design. This desired design style creates a structured, timeless design with patterned, elegant materials consistent throughout the Burlingame Avenue area. Not only does the District lmprovement Project provide necessary street improvements, but it allows for an increase in pedestrian space atong Burlingame Avenue. To allow for this additional pedestrian space, parallel parking replaced the existing angled parking. The change from angled parking to parallel parking will allow for an expanded l6 foot width of sidewalk area on both sides of Burlingame Avenue. This additional sidewalk area can provide sufficient space for seating, art features, landscaping, and lighting. Burlingame Avenue will be maintained with two-way traffic and 10 foot wide travel lanes. The parallel parking stalls, with a parking assist zone, will have a width of nine feet. The parking assist zone allows for car door openings and Iimited bike through lanes along Burlingame Avenue. At the intersection corners along Burlingame Avenue bulb-outs are proposed to allow for additional pedestrian areas. ln addition to providing an enhanced pedestrian area, the corner intersection bulb-outs will reduce pedestrian crossing distances. As an additional safety feature, the crosswalks will be of a different construction material than the street surface to provide a warning for traffic to slow down. The District lmprovemenl Project includes asphalt paving in the roadway and colored concrete for the parking and parking assist zones. The sidewalks, comer intersection bulb-outs and cross walks will be constructed of concrete pavers. Trees, street lights with limlted fealures, and other public furnishings are also included throughout the District. 3.3. Map of Dietrict lmprovement Proiect The following map provides the approximate location (for reference only - may not include all) of the improvements provided by the District lmprovement Project throughout the District Assessment District No. 2012:l - Cily ot Burlingame Prepared by NBS - Fiscal Year 2016/ 17 3-1 iJ 4 ,-3 L" 1ffD 09 r ffi "t Jry C C d) t) o- E 'lJ N (, {,L#3(,0>rt{; tr\ bsd =!L3lO coL L fil o. *, CLoI? ou .Lli GILo I +,Uo oL o. o{J Lo?F o oL CL! oo.rtt,a+,ooL*,o o oeF (l, btotr Lao I cts!\Toit$F H)IYil : oz: *"t*t\\o"A" 4, ESTIMATE OF COSTS The estimated cost of the District lmprovement Project as more fully described in Section 3 of this Engineer's Report is outlined below. 4.1. District lmprovement Project Cosk The following table provides the costs for the District lmprovement Project. Refer to Section 6 for more detail on the financing plan and the annual assessment budget. Description Amount District lmprovement Project Costs Construction $9,709,355 Construction Management 825,660 Construction Engineering 332,000 Engineerin g Adm inistration 360,000 Tota! District lmprovement Project Costs $11,227,015 Contemporaneously with the District lmprovement Project, the City, using sewer and water enterprise funds, replaced the sewer and water lines under Burlingame Avenue (the overall total cost for all projects was $15,443,660). By completing the District lmprovement Project in coordination with the utility improvements, it saved significant project costs and minimize the construction impacts to property and businesses along Budingame Avenue. A portion of the planned utility improvement budget, $922,000, was allocated for patching the streets and sidewalks. Since the District lmprovement Project eliminates that need for patching, the $922,000 is being contributed to the streetscape project from the sewer and water enterprise funds and thus will not be specially assessed. Thus, overall, the District lmprovement Project was funded by state gas tax, Measure A funds, grant funds, sewer and water enterprise funds, the parking enterprise fund, and revenues from District special assessments. Assessment District No. 2012-1 - City of Burlingame Prepared by NBS - Fiscal Year 2016117 4-1 5. SPECIAL AND GENERAL BENEFIT 5.1. lntroduction pursuant to Article XlllD, all parcels that receive a special benefit conferred upon them as a result of the improvements shall be identified, and the proportionate special benefit derived by each identified parcel shall be determined in relationship to the entire costs of the improvements. Division 12 of the Streets and Highways code, the Landscaping and Lighting Act of '1972, permits the establishment of assessment dis;tricts by local agencies for the purpose of providing certain public improvements necessary or convenient for providing certain public services. Section 22573 of the Landscaping and Lighting Acl ot 1972 requires that assessments must be levied according to benefit rather than according to assessed value. This Section states: "The net amount to be assessed upon lands within an assessmenf district may be appottioned by any formuta or method which fatly distributes the net amount among all assessab/e lois or parcels in proportion to the estimated benefit to be received by each such lot or parcel from the improvements." Article XlllD, Section 4(a) of the California Constitution limits the amount of any assessment to the proportional speciat benefit confened on the property. Article XlllD also provides that publicly owned properties must be assessed unless there is clear and convincing evidence that those properties receive no ipecial benefit from the assessment. Examples of parcels exempted from the assessment would bethe areas of public streets, public avenues, public lanes, public roads, public drives, public courts, public alleys, public easements and rights-of-ways, public greenbelts, and public parkways. Furthermore, Proposition 218 requires that the City separate the general benefit from special benefit, so only special benefit may be assessed. 5.2. ldentification of Benefit The District lmprovement Project will provide benefits to both those properties within the District boundaries and to the community as a whole. The benefit conferred to property within the District can be grouped into three primary benefit categories; aesthetic benefit, safety benefit, and economic activity beneflt. The three District benefit categories are further expanded upon in each section below. Aesthetic Benefit The aesthetic benefit relates to the increase in the overall aesthetics as a result of the District lmprovement pro.iect. The District lmprovement Project will provide public street and sidewalk infrastructure beautification throughout the District, that will enhance the overall image and desirability of the properties within the District. Burlingame Avenue streetscape improvements within the District were last completed back in the early 1960s. Since that time, the public facilities have deteriorated. The following aesthetic benefits will be provided as a result of the District lmprovement Project: . The District lmprovement Project enhances the community identity of the Burlingame Avenue area, which will tead to a stronger and healthier street conidor. The image of the Burlingame Avenue area will be increased by correcting the visual clutter such as trash containers and news racks that currently encroach on the pedestrian area. . Uniform and up to date streetscape and sidewalk improvements creates cohesion throughout the District from El Camino Real to California Drive. This District cohesion enhances the retail experience as well as encourage maximum use of space. Assessment District No. 2012-1 - City of Burlingame Prepared by NBS - Fiscal Yeat 2016117 5-1 Upgraded streetscaping and sidewalk amenities provided by the District lmprovement Project enhances the appearance, desirability, and "livability' of the property directly fronting the improvements provided throughout the District. As a result of the District lmprovement Project, the overall 'livability" of the District increases. "Livability" encompasses several qualities and characteristics that are unique to a specific area. The Vlctoria Transport Policy lnstitute (www.vtpi.org) expands on the concept of'livability" and the various benefits associated with that designation: "The livability of an area increases propeiy desirability and business activity. Livability is largely affected by conditions in the public realm, places where people naturally interact with each other and their community, including streets, parks, transportation terminals and other public facilities. Livability also refers to the environmental and social quality of an area as perceived by employees, customers and visitors. This includes localenvironmental conditions, the quality of social interactions, oppofiunities for recreation and entertainment, aesthellcs, and existence of unique cultural and environmental resources.' Safetv Benefit The District lmprovement Project provides an increased level of safety to the property, businesses, and visitors to the District. Additionally, the District lmprovement Project help mitigate potential criminal activity throughout the District area. The following safety benefits are provided as a result of the District lmprovement Project:. The District lmprovement Project repaired uneven and deteriorating sidewalks within the District. lmprovements to the existing sidewalk infrastructure will reduce the number of future trip and fall occurrences potentially occurring in front of District property. . The District lmprovement Project provides better lighting throughout the Burlingame Avenue area. The improved lighting ensures that sidewalks, streets, and property fronts are more visible. This increased level of visibility reduces the opportunities for vandalism to property within the District. . Wider sidewalks provide additional space between vehicle and property as well as vehicle and pedestrian, which provides a safety benefit for both property and pedestrian. . Traffic calming improvements can reduce automobile traffic and speeds, which in turn, increases the safety for vehicular passengers, pedestrians, and other non-motorized travels. The streetscaping strategies utilized in the development of the District lmprovement Project provide numerous safety benefits to property and people throughout the District. Again, the Victoria Transport Policy lnstitute (www.l,tpi.org) notes the safety benefit attributable to streetscaping improvements: "Several studies indicate that common streetscaping strategles, such as landscaping and narrowing traffic lanes, tend to increase traffic safety. Streetscaping that reduces traffic speeds and improves pedestrian crossing conditions can signiticantly reduce collisions. Research by the U.S. Highway Safety Research Syste m concludes that road diets (afterial street traffic calming) typically reduce crash rates by 479/0 on major highways through small urban areas, by 1gyo on corridors in larger city suburban areas, and 29yo overall." Assessment District No. 2012-1 - City of Burlingame Prepared by NBS - Fiscal Year 2016/'17 Economic Activitv Benefit The economic activity benefit relates to the increase in the District's economic activity and further potential as a result of the District lmprovement Project. The economic activity for property within the District can best be described as the ability for the property within the District to develop and operate at the property's highest and best use. Properties within the District receive the following economic activity benefits as a result of the District lmprovement Project: . The District lmprovement Project revitalizes the Burlingame Avenue area. This revitalization will encourage new business development and existing business expansion which will reduce vacancy rates and increase lease rates for property within the District. . The streetscaping improvements encourages an increase in commerce throughout the District. The Burlingame Avenue area will become more pedestrian friendly, thus improving customer activity for stores and restaurants. The streetscaping improvements not only add economic value to property adjacent to the improvements, but the improvements make the property appear more stable and prosperous. The National Complete Streets Coalition (www.completestreets.org) notes that: "street design that is inclusive of all modes of transportation, where appropriate, not only improves conditions for existing businesses, but a/so is a proven method for revitalizing an area and attracting new development. Washington, DC's Barracks Row was experiencing a steady decline of commercial activity due to uninviting sidewalks, lack of streetlights, and speeding traffic. After many design improvements, which included new patterned sidewalks, more efficient public parking, and new traffic signals, Barrack's Row attracted 44 new businesses and 2OO new jobs. Economic activiu on this three-quader mile strip (measured by sales, employees, and number of pedeslnans,) has more than tripled since the inception of the project." 5.3. Separation of General Benefit Secton 4 of Article XlllD of the California Constitution provides that once a local agency which proposes to impose assessments on property has identified those parcels that will have special benefits conferred upon thdm and upon which an assessment will be imposed, the local agency must next "separate the general benefits from the special benefits conferred," and only the special benefits can be included in the amount of the assessments imposed. General benefit is an overall and similar benefit to the public at large resulting from the improvements to be provided by the assessmenls levied. The District improvements, which are more fully presented in Section 3.2 of this Engineer's Report, will be constructed and provided within the District boundaries only. There will be no improvements from the District lmprovemenl Project constructed outside of the District boundaries. The District lmprovement Prolect provide aesthetic, safety, and economic benefits to the property within the District, but it is recognized that the District lmprovement Project also provides a level of benefit to some property and businesses within proximity to the District, as well as visitors and individuals passing through the Disiict. Vehicular and pedestrian traffic from property within and outside of the District as well as individual passing through the downtown Budingame Avenue area are able to utilize the improvements to not only access property and businesses located within a close proximity to the District, but also roadways located outside ofthe District. Therefore, the general benefitcreated asa resultofthe District lmprovement Project has been considered. Assessment District No. 2012-1 - City of Burlingame Prepared by NBS - Fiscal Year 2016/17 5.4. Quantification of General Benefit ln order for property within the Districl to be assessed only for that portion of special benefit received from the District lmprovement Project, the general benefit provided by the Districl lmprovement Project needs to be quantified. The amount of general benefit provided from the District lmprovement Project can not be assessed to the benefitting properties within the District. To quantify the general benefit provided to the variety of trafflc that passes through the District for the general benefit of enjoying the surrounding atmosphere, observing the level of economic activity, or accessing adjacent property or arterial streets in a more efficient and safe manner, both vehicular and pedestrian traffic flows have been incorporated in the quantification of general benefit. Vehicular Traffic Activitv Access to the Burlingame Avenue commercial core area is provided by major north-south arterials. Those major arterials are El Camino Real to the west of the District and Califomia Drive to the east of the District. Collector streets feed traffic to these and other arterials throughout the City. As such, Burlingame Avenue is considered a collector street within the City. ln 2010, the City adopted the Burlingame Downtown Specific Plan ("Specific Plan"). The Specific Plan included a Traffic lmpact Analysis Technical Memorandum ("Traffic Analysis") prepared by Wilbur Smith Associates. This Traffic Analysis evaluated existing traffic conditions at various points throughout the project area. One point evaluated by the consultants was existing travel conditions at the intersection of Burlingame Avenue and Park Road. The Traffic Analysis evaluated, among other characteristics, traffic counts, turning movement data, vehicle delay, and level of service for each intersection. Existing conditions for the project area intersections, including the Burlingame Avenue intersection, were evaluated during a weekday, evening peak hour timeframe. There were 664 observed traffic counts at the intersection of Burlingame Avenue and Park Road. Park Road terminates at Burlingame Avenue requiring traffic to either turn left or right onto Burlingame Avenue. ln addition to the Traffic Analysis, information related to vehicle trips by purpose was used from the Summary of Travel Trends 2009 National Household Travel Survey C2009 NHTS") sponsored by the U.S. Department of Transportation Federal Highway Administration. Of the observed 2,171 vehicle trips in the 2009 NHTS survey, 643 trips represented social, recreational and other travel purposes; the remaining 1,425 vehicle trips represented work, shopping and other errands. Applying this vehicle trip breakdown to the observed traffic counts at the intersection of Burlingame Avenue and Park Road, 207 of the traffic counts represent social, recreational, and other travel purposes not directly related to District activities but more likely utilizing Burlingame Avenue as a collector street to feed to one of the adjacent arterial streets. This non-District related traffic count represents approximately 31.20% of the total observed traffic counts and is considered to be general benefit from the District lmprovement Project. Pedestrian Traffic Activitv As result of the sidewalk improvements and beautification provided by the District lmprovement Project, there is a level of beneflt to those pedestrians not involved with any of the shopping, dining, or other commerce activities provided by the District properties. People walk for a variety of reasons; work, errands, shopping, recreation, health, and many others. Further, pedestrians will seek out and utilize sidewalk facilities that provide a safe place lo walk as well as an environment that provides a certain amount ofvisual interest. Again, the 2009 NHTS analyzed the annual numberof walking trips and the purpose of the walking trips made by individuals surveyed. Of the annual total 40,962 (in millions) walking trips, 30,'129 of those walking trips were for travel, work, shopping, errands, business obligations, and meals; the remaining 10,833 walking trips were for social, recreational, and other purposes. The social, recreational, and other purpose walking trips represented 26.5% of the total walking trips reported. Therefore, to account for that portion of the Burlingame Avenue pedestrian activity utilizing the improvements provided by the District lmprovement Project for non-District related activities, 26.50% of pedestrian traffic activity is considered to be of general benefit. Since the District lmprovement Project provides a blend of both vehicular and pedestrian activity the two categories must be addressed in a collective form ralher than independently. Therefore, to appropriately quantify the overall level of general benefit provided by the District lmprovement Project the arithmetic mean Assessmenl District No. 2012-1 - Cily ol Burlingame Prepared by NBS - Fiscal Yeat 2016117 of the general benefit percentages from the vehicular traffic activity and the pedestrian traffic activity has been calculated. This general benefit result is provided in the table below. Description Percentaqe General Benefit 28.85% Accordingly, 71.15o/o of the benefits from the District lmprovement Project are considered to provide special benefits to the properties within the District and thus could be subject to assessment therein. 5.5.of Special Benefit As outlined above, each of the parcels within the District is deemed to receive special benefit from the District lmprovement Project. Each parcel that has a special benefit conferred upon it as a result of the District lmprovement Project is identified and the proportionate special benefit derived by each identified parcel is determined in relationship to the entire cost of the District lmprovement Project. Benefit Point Assignment Aesthetic Benefit Points Aesthetic benefit points are assigned based upon not only the property's location to the District lmprovement Project, but also the property's zoning designation. All District parcels are located within the Burlingame Avenue Commercial District, which has a commercial zoning designation. Additionally, since the District lmprovement Project is provided uniformly throughout the District all properties within the District are within the same proximity to the location of the infrastructure provided by the District lmprovement Project. Therefore, the aesthetic benefit to each parcel in the District is deemed to be the same. Each property within the District is assigned one (1.00) benefit point for the aesthetic benefits received from the District lm provement Project. Safetv Benefit Points The safety benefit points are assigned based upon not only the property's location to the District lmprovement Project, but also the property's zoning designation. All District parcels are located within the Burlingame Avenue Commercial District, which has a commercial zoning designation. Additionally, since the District lmprovement Project is provided uniformly throughout the District all properties within the District are within the same proximity to the location of the infrastructure provided by the District lmprovement Project. Therefore, the safety benefit to each parcel in the District is deemed to be the same. Each property within the District is assigned one (1.00) benefit point for the safety benefits received from the District lmprovement Project. Economic Activitv Benefit Points The economic activity benefit points are assigned based upon not only the property's location to the District lmprovement Project, but also the property's zoning designation. All District parcels are located within the Burlingame Avenue Commercial District, which has a commercialzoning designation. Additionally, since the District lmprovement Project is provided uniformly throughout the District all properties within the District are within the same proximity to the location of the infrastructure provided by the District lmprovement Project. Therefore, the economic activity benefit to each parcel in the District is deemed to be the same. The Burlingame Avenue Commercial District is already a well-established commercial district with a strong economic activity presence. The Burlingame Avenue area features a mixture of restaurants, national retail stores, and many locally based retailers. Marketing and promotional efforts to increase the economic presence of an expanded area that includes the District boundaries is currently being funded by the Burlingame Avenue Downtown Business lmprovement District ("DB|D"). ln an effort to increase the economic presence, business owners within the DBID pay an annual assessment to fund various activities that aid in the promotion, advertising and image building of the businesses within the DBID boundaries. Existing marketing and promotional activities throughout the District area have resulted in higher tenant lease rates. According to Loopnet.com on March 23, 2012, the average lease rate along Burlingame Assessment District No. 2012-1 - City of Burlingame Prepared by NBS - Fiscal Year 2016117 5-5 Avenue was approximately 45% higher than the average lease rate along the City's Broadway Avenue, another commercial area. Retail sales are also strong within the District, according to City Economic Development data, with sales per square foot generally ranging from $300 to $800+ per square foot. Further, there were a few new buildings constructed in the downtown around the time of formation of the District and several major remodels of existing buildings to accommodate new retail uses generally limited to tenant improvements. Given this already existing strong economic activity presence throughout the District, as well as the potential for property to further develop and enhance their economic presence, each property within the District is assigned one-half (0.50) benefit point for the economic activity benefits received from the District lmprovement Project. The following table provides a summary of the special beneflt points assigned to each parcel within the District. Parcel Land Use Classification Aesthetic Benefit Point Assignment Safety Benefit Point Assignment Economic Activity Benefit Point AssiEnment All District Parcels 1 .00 1 .00 0.50 Parcel Factors The method of apportioning the benefit to the parcels within the District reflects the proportional special benefit assigned to each property from the District lmprovement Pro.iect based upon the various property characteristics for each parcel as compared to other properties within the District. As part of the special benefit analysis, various property characteristics were analyzed including parcel size, street frontage, building size, land use, trip generation etc. Given that the special benefits provided by the District lmprovement Project focuses on aesthetic benefit, safety benefit, and economic activity benefits it was determined that linear frontage and lot square footage are the most appropriate parcel factors. Each parcel's linear frontage and lot square footage have been used as the primary assessment variables for the calculation and assignment of parcel factors. By adjusting the assigned special benefit points set forth above by parcel factors, a more complele picture of the proportional special benefits received by each parcel from the District lmprovement Project is presented. Therefore, linearand lot parcelfactors were calculated for each parcel in the District according to the formulas below: Linear Factor Pursuant to Section 25.32.050 of the City's Zoning Code for the Burlingame Avenue Commercial Diskict, each lot shall have a street frontage of at least 50 feet. Utilizing the prescribed street frontage as set forth in the City's Zoning code, a linear factor is calculated for each parcel based upon the assigned linear frontage for the parcel divided by 50.00: Linear Factor Parcel's Assigned Linear Street Frontage 50.00 There are several parcels located at street intersections within the District. The District lmprovement Project partially extends along the side streets at these intersectlons with Burlingame Avenue. To account for the partial extension of the District lmprovement Project at each street intersection, the side street linear frontage of the improvement has been added to each corner parcel to account for this increased linear frontage adjacent to the District lmprovement Project. Assessment District No. 2012-1 - Cily of Burlingame Prepared by NBS - Fiscal Year 2016117 5-6 Lot Factor Pursuant to Section 25.32.050 of the City's Zoning Code for the Burlingame Avenue Commercial District, each lot shall have an area of at least 5,000 square feet. Utilizing the prescribed lot square footage as set forth in the City's Zoning code, a lot factor is calculated for each parcel based upon the assigned lot square footage for the parcel divided by 5,000: Lot Factor Parcel's Assigned Lot Square Footage I 5,000 Tota! Special Benefit Point Calculation Parcel's Total Special Benefit Points Parcel's Total Aesthetics Points +Parcel's Total Safety Points +Parcel's Total Economic Activity Points Parcel's Total Aesthetic Points The District lmprovement Project, as well as the store and property fronts that are adjacent to those linear improvements provide an enhanced level of interest and "curb appeal" that add to the overall experience along Burlingame Avenue. Since the improvements and furnishings are uniform throughout the District, the "curb appeal" is consistent for the front of each parcel located within the District. Additionally, the uniform landscaping aids in softening the surrounding edges of each parcel's front exposure to the District lmprovement Project by adding life, color, and texture to the property's appearance, and overall pedestrian experience. Given the linear nature of the aesthetic benefits provided by the District lmprovement Project, the aesthetic benefit that each property receives is also perceived on a linear basis. To appropriately quantify and assign the aesthetic benefit received by each parcel within the District, the aesthetic benefit point is further adjusted according to the formula below: Parcel's Total Aesthetic Points Aesthetic Benefit Points Assigned X Linear Factor Parcel's Total Safetv Points The District lmprovement Project provides enhanced lines of travel and sight along Burlingame Avenue, which increases the level of safety by mitigating potential accidents and crime by having the additional exposure to property and traffic. The lighting improvements also increase the visual sight line by providing additional exposure to property fronts, especially during the evening hours. This additional exposure reduces the potential for crime and vandalism to the front of property throughout the District. Further, the sidewalk and parking zone along Burlingame Avenue provides a buffer for traffic and the property frontage. Again, given the linear nature of the safety benefits provided by the District lmprovement Project, the safety benefit that each property receives is also perceived on a linear basis. To appropriately quantify and assign the safety benefit received by each parcel within the District, the safety benefit point is further adjusted according to the formula below: Parcel's Total Safety Points Safety Benefit Points Assigned X Linear Factor Parcel's Total Economic Activity Points The District lmprovement Project creates a more pedestrian friendly and inviting Burlingame Avenue environment that supports and encourages additional commerce activity throughout the District. The improvements allow parcels within the District to develop and redevelop to their highest and best use in accordance with City zoning and development regulations. However, the one limiting property characteristic that constrains a parcel from developing to the highest and best use is the size of the parcel itself. The size of a parcel limits the amount of development and redevelopment that may occur on the footprint of the parcel. Larger parcels allow for greater area to develop and redevelop than do smaller Assessment District No. 2012-1 - City of Burlingame Prepared by NBS - Fiscal Year 2016117 5-7 Parcel's Total Economic Activity Points Economic Activity Benefit Points Assigned x Data Considerations and Parcel Changes The use of the latest San l/ateo County Assessor's Secured Roll information served as the basis in determining each parcel's linear frontage and lot square footage, unless better data was available to the City. ln addition, if any parcel within the District is identified by the San Mateo County Auditor/Controller to be an invalid parcel number, the linear frontage and lot square footage of the subsequent valid parcel shall be the basis for assigning the future total special benefit points. lf a single parcel subdivides into multiple parcels, the total special benefit points shall be apportioned based on the linear frontage and lot square footage of the newly created parcels. Total Special Benefit Points The total special benefit points assigned to the parcels at formation of the Oistrict were 183.28. The following table provides a breakdown of the total special benefit point assignment for each parcel in the District: Assessment District No. 2012-1 - City of Burlingame Prepared by NBS - Fiscal Yeat 2016117 parcels, which corresponds to larger parcels receiving proportionally greater econom ic activity benefit when compared to smaller parcels within the District. Therefore, the economic activity benefit for parcels in the District is in direct proportion to the size of the parcel. Since the economic activity benefits are in direct relation to the size of a parcel, then the economic activity benefits provided by the District lmprovement Project is also perceived on a parcel size basis. To appropriately quantify and assign the economic activity benefit received by each parcel within the District, the economic activity benefit point is further adjusled according to the formula below: Lot Factor Assessor's Parce! Number ID Aesthetic Benefit Points Safety Benefit Points Economic Activity Benefit Points Linear Frontaqe Linear Factor Lot Square Footaqe Lot Factor Total Aesthetic Benefit Points Total Safety Benefit Points Total Economic Activity Benefit Points Total Special Benefit Points 029-122-190 1*1.00 1.00 0.50 70.00 1.40 2.123 0.42 1.40 1.40 0.21 3.01 029-122-220 2 1.00 1.00 0.50 50.50 1.01 10,776 2.16 1.01 1.01 1.08 3.10 029-122-230 3 1.00 1.00 0.50 50.00 1.00 10,286 2.06 't.00 1.00 '1.03 3.03 029-122-240 4 1.00 1.00 0.50 50.00 1.00 9,791 1.96 1.00 1.00 0.98 2.98 029-122-250 1.00 1.00 0.50 50.00 1.00 9,971 1.99 1.00 '1.00 1.00 3.00 029-122-260 b 't.00 1.00 0.50 50.10 1.00 6,1 95 1.24 1.00 1.00 0.62 2.62 029-122-270 7 1.00 1.00 0.50 49.90 1.00 13.897 2.78 1.00 1.00 1.39 3.39 029-122-2BO I 1.00 1.00 0.50 55.00 1.10 10,879 2.18 1.10 1.10 1.09 3.29 029-122-330 I 1.00 1.00 0.50 50.00 1.00 6.829 1.37 1.00 1.00 0.69 2.69 029-122-360 't0 1,00 1.00 0.50 116.00 2.32 16,786 3.36 2.32 2.32 1.68 6.32 029-122-999 11 1.00 1.00 0.50 147.00 2.94 28,296 5.66 2.94 2.94 2.83 8.71 029-152-110 12 1.00 1.00 0.50 80.00 1.60 5,748 1.15 1.60 1.60 0.58 3.78 029-152-120 13 1.00 1.00 0.50 25.00 0.50 2.853 0.57 0.50 0.50 0.29 1.29 029-152-160 14 1.00 1.00 0.50 60.00 1.20 9.596 1.92 1.20 1.20 0.96 3.36 029-152-190 15.1.00 1.00 0.50 65.00 1.30 8.134 1.63 1.30 '1.30 0.82 3.42 029-152-200 16 1.00 1.00 0.50 65.82 1.32 8,237 1.65 1.32 1.32 0.83 3.47 029-152-210 17 1.00 1.00 0.50 60.00 1.20 7,200 1.44 1.20 1.20 0.72 3.12 029-152-220 18 1.00 1.00 0.50 41.57 0.83 4,988 1.00 0.83 0.83 0.50 2.16 029-152-230 19 1.00 1.00 0.50 65.00 1.30 6,000 1.20 1.30 1.30 0.60 3.20 029-152-270 20 1.00 1.00 0.50 60.00 1.20 7.508 1.50 1.20 1.20 0.75 3.15 029-152-310 21*1.00 1.00 0.50 60.00 1.20 8.322 1.66 1.20 1.20 0.83 3.23 029-152-320 22 1.00 1.00 0.s0 104.58 2.09 27,590 5.52 2.09 2.09 2.76 6.94 029-1 s2-330 23 1.00 1.00 0.50 75.00 1.50 8,572 1.71 1.50 1.50 0.86 3.86 029-1 53-090 24 1.00 1.00 0.50 91.50 1.83 3,726 0.75 1.83 1.83 0.38 4.04 029-153-120 25 1.00 1.00 0.50 88.33 1.77 3,781 0.76 1.77 1.77 0.38 3.92 029-1 53-1 50 26 1.00 1.00 0.50 95.50 1.91 10,347 2.07 1.91 1.91 1.04 4.86 029-201-030 27 1.00 1.00 0.50 40.00 0.80 5,000 1.00 0.80 0.80 0.50 2.10 029-201-040 28 1.00 1.00 0.50 50.00 1.00 6,250 1.25 1.00 1.00 0.63 2.63 029-201-060 29 1.00 1.00 0.50 108.08 2.16 14.823 2.96 2.16 2.16 1.48 5.80 029-201-070 30*1.00 1.00 0.50 54.00 1.08 9,069 1.81 1.08 1.08 0.91 3.07 029-201-080 31 1.00 1.00 0.50 54.08 1.08 9,643 1.93 1.08 1.08 0.97 3.13 029-201-100 32 1.00 1.00 0.50 50.00 1.00 3,750 0.75 1.00 1.00 0.38 2.38 029-201-110 33 1.00 1.00 0.50 86.00 1.72 3,750 0.75 1.72 1.72 0.38 3.82 029-201-320 34 1.00 1.00 0.50 159.39 3.19 13,316 2.66 3.19 3.'t9 1.33 7.71 029-201 -360 35 1.00 1.00 0.50 100.00 2.00 18,000 3.60 2.00 2.00 1.80 s.80 029-201-370 36 1.00 1.00 0.50 25.00 0.50 3,125 0.63 0.50 0.50 0.32 1"32 029-201-380 37 1.00 1.00 0.50 25.00 0.50 3.125 0.63 0.50 0.50 0.32 1.32 029-202-010 38 '1.00 1.00 0.50 136.00 2.72 12,675 2.54 2.72 2.72 1.27 6.71 029-202-020 39 1.00 1.00 0.50 60.50 1.21 7,086 1.42 1.21 1.21 0.71 3.13 5-9Assessment District No. 2012-1 - City of Burlingame Prepared by NBS - Fiscal Year 2016117 Assessor's Parcel Number ID Aesthetic Benefit Points Safety Benefit Points Economic Activity Benefit Points Linear Frontage Linear Factor Lot Square Footaqe Lot Factor Total Aesthetic Benefit Points Total Safety Benefit Points Total Economic Activity Benefit Points Total Special Benefit Points 029-202-030 40*1.00 1.00 0.50 25.00 0.50 2.552 0.51 0.50 0.50 0.26 1.26 029-202-040 41 1.00 1.00 0.50 25.00 0.50 2,403 0.48 0.50 0.50 0.24 1.24 029-202-080 42 1.00 1.00 0.50 75.06 1.50 4,453 0.89 1.50 1.50 0.45 3.45 029-202-090 43 1.00 1.00 0.50 51.24 1.02 4,770 0.95 1.02 1.02 0.48 2.52 029-204-030 44 1.00 1.00 0.50 55.00 1.10 5,500 1.10 1.10 1.10 0.55 2.75 029-204-040 45 1.00 1.00 0.50 45.00 0.90 4,500 0.90 0.90 0.90 0.45 2.25 029-204-050 46 1.00 1.00 0.50 45.00 0.90 4,500 0.90 0.90 0.90 0.45 2.25 029-204-060 47 1.00 1.00 0.50 94.00 1.88 5,850 1.17 1.88 1.88 0.59 4.35 029-204-270 48 1.00 1.00 0.50 1 16.50 2.33 8,1 00 1.62 2.33 2.33 0.81 5.47 029-211-O10 49 1.00 1.00 0.50 103.33 2.07 4,417 0.88 2.07 2.07 0.44 4.58 029-211-260 50 1.00 1.00 0.50 169.00 3.38 15,400 3.08 3.38 3.38 1.54 8.30 Totals:50.00 50.00 25.00 3,527.93 70.56 420,488 84.13 70.56 70.56 42.16 183.28* lndicates assessment has been prepaid Assessment District No. 2012-1 - City of Burlingame Prepared by NBS - Fiscal Year 2016117 5-1 0 6. METHODASSESSMENT 6.1. Assessment Budget In order to assess the parcels within the District for the special benefits received from the District lmprovement Project, the general and special benefits must be separated. As previously quantified in Section 5.4 of this Engineer's Report, the general benefit received from the District lmprovement Project is 28.85o/o. Accordingly, 71.15o/o of the benefits from the District lmprovement Project are considered to provide special benefits to the properties within the District and thus could be subject to assessment therein. However, as shown below, because of contributions from various funds available to the City, including the sewer, water, and parking enterprise funds, Measure Afunds, and grantfunds, only 53.11o/o of the District lmprovement Project costs are being specially assessed. Reducing the District lmprovement Project costs by these contributions, the total District lmprovement Project costs to be specially assessed are as follows: (1) $5,620,812 of the District lmprovement Pro,lect costs have been nanced over a period of 30 years. The City issued bonds for the total District lmprovement Project costs assessed for special benefit and will use the assessment revenues to repay the bonds, over a period of 30 years, for the District's portion of that cost, $5,620,812, plus the City's estimated financing and interest costs. Section 6.3 of this Engineer's Report provides the basis of the average annual debt service payment used to establish the annual assessments. Assessment Rate per Special Benefit Point The assessment rate per special benefit point is calculated by dividing the total annual assessable budget by the total special benefit points assigned to the parcels in the District. The following formula provides the assessment rate per special benefit point calculation: Assessment District No. 2012-1 - City of Burlingame Prepared by NBS - Fiscal Year 2016117 Description Amount Total Net District lmprovement Project Costs $11,227,015 Less: General Benefit Contribution (28.85%)(3,238,ee4) Subtotal - Portion of Budget Assessable for Special Benefit $7,988,021 Less: Sewer and Water Enterprise Fund Contribution ($e22,000) Less:TLC Grant (301,000) Less: Additional Contribution from Parking Enterprise Fund (782,432) Less: Additional City Contribution (20,1e5) Total District lmprovement Project Costs Assessed for Special Benefit(1)$5,962,394 TotalAmount Pre-Paid During 30 Day Gollection Period $341,582 Annual Assessable Budget: Average Annual Debt Service Payment for District lmprovement Project Costs $31 0,1 56 Total Annual Assessable Budget $310,156 6-1 Total Annual Assessable Budget / Total Special Benefit Points = Assessment Rate per Special Benefit Point $310,156 / 169.29 = $1,832.10 The total amount of financed District lmprovement Project costs, which has been determined to provide special benefit lo parcels within the District, will be assessed over a period of 30 years. The individual assessments are shown on the assessment roll in Section 8 of this Engineer's Report. 6.2. ttethod of Aaseaament Sprced The method of assessment is based upon a formula that assigns the special beneflt to each parcel, with special benefit points being adjusted by parcel linear and lot factors. The formulas below provide a summary of the annual assessment calculation for each parcel in the District. (A) Parcel's Total Aesthetic Points (B) Parcel's Total Safety Points (c) Parcel's Total Economic Activity Points (D) Linear Faclor (E) Lot Factor (F) Parcel's Total Special Benefit Points Parcel's Assigned Aesthetic Benefit Points (1 .00) Parcel's Assigned Safety Benefit Points (1.00) Parcel's Assigned Economic Activity Benefit Points (0.50) Parcel's Assigned Linear Frontage Parcel's Assigned Lot Square Footage (D) Linear Factor (D) Linear Factor Lot Factor 50.00 5,000 (c) Parcel's Total Economic Activity Points X (A) Parcel's Total Aesthetics Points (B) Parcel's Total Safety Points x + (F) Parcel's Total Special Benefit Points + Parcel's Annual Assessment Assessment Rate $1 ,832.'10 6.3. District lmprovement Project Debt Financing The $5,620,812 portion of District lmprovement Project costs assessed to property within the District has been financed over a period of 30 years. ln addition to the amount of financed District lmprovement Project costs, any financing costs related to the issuance of debt such as the cost of issuance, original issue discount, and contingencies were included as part of the total amount flnanced. The City has calculated the annual assessment based on its costs of financing the Diskict's portion of the District lmprovement Assessment District No. 20'12-1 - Cily ol Burlingame Prepared by NBS - Fiscal Year 2016/'17 6-2 x x Project assessed for special benefit costs over a 30 year period, and has determined that it requires an annual assessment amountof $310,'156 from the District. The difference between the original estimated financing costs and the actual financing costs will not affect the annual assessments shown in this Engineer's Report. 6.4. Assessment Propeyment Formula Assessment Prepayment Formula During the 30 Days Following District Formation ln the 30 days after the formation of the District, property owners had the option to prepay and permanently satisfy their portion of the total District lmprovement Project costs assessed for special benefit, without interest, and without flnancing costs, according to the following formula: Parcel's 30 Day Prepayment Amount Total District lmprovement Project Costs Assessed for Special Benefit $4,475,000 Parcel's Total Special Benefit Points District's Total Special Benefit Points + 183.28 X Parcel's 30 Day Prepayment Amount x Parcel's Total Special Benefit Points Assessment Prepayment Formula After the 30 Day Period Following District Formation Property owners within the District may prepay and permanently satisfy their entire portion (no partial prepayments) of the total annual assessment of an assessor's parcel, provided that a prepayment may be made only if there are no delinquent assessments with respect to such assessor's parcel at the time of prepayment. An owner of an assessor's parcel intending to prepay the ongoing annual assessment obligation shall provide the City with written notice of intent to prepay. Within 30 days of receipt of such written notice, the City shall notify such owner of the prepayment amount of such assessor's parcel. The assessment prepayment amount shall be calculated by the following steps: Step 1: Compute the special benefit points that could be assigned lo the assessor's parcel prepaying the annual assessment obligation in the fiscal year in which the prepayment would be received by the City. Step 2: Divide the special benefit points computed pursuant to Step 1 for such assessor's parcel by the total special benefit points that could be assigned in that fiscal year to property in the entire District. Step 3: Multiply the quotient computed pursuant to Step 2 by the total annual assessment to compute that portion of the total annual assessment to be prepaid ("Parcel's Annual Assessment Amount"). Step 4: Calculate the revenue stream produced by the Parcel's Annual Assessment Amount from the date of prepayment up to and including the maturity date of the District, June 30, 2042, except that this assumed final maturity date may be amended by the Cily no later than the time of the calculation of the prepayment. Step 5: Calculate the present value of the annual revenue stream determined in Step 4- The present value shall be calculated using that discount rate which, when the prepayment is invested in City approved available investments earning a rate of interest equal to the discount rate, would produce annual revenues equal to the amount calculated in Step 4. Assessment District No. 2012-1 - City of Burlingame Prepared by NBS - Fiscal Yeat 2016117 b-J ) Step 6: Determine the prepayment amount by adding to the present value calculated in Step 5 any fees or expenses incurred by the City in connection with the prepayment calculation or the application of the proceeds of the prepayment. Assessment District No. 2012-1 - City of Burlingame Prepared by NBS - Fiscal Year 2016/17 b-4 7. ASSESSMENT DIAGRAM An Assessment Diagram for the Dislrict is shown on the following page. The lines and dimensions of each lot or parcel within the District are those lines and dimensions shown on the maps of the County Assessor of the County of San Mateo, at the time this report was prepared, and are incorporated by reference herein and made part of this Engineer's Report. Assessment District No. 2012-1 - City of Burlingame Prepared by NBS - Fiscal Yeat 2016117 ASSESSMENT DIAGRAM CITY OF BURLINGAME ASSESSMENT DISTRICT NO. 2012-1 DOWNTOWN BURLINGAME AVENUE STREETSCAPE IMPROVEMENT PROJECT CITYOF BURLINGAME COUNTY OF SAN MATEO STATE OF CALIFORN]A ASSESSMENT lo oblu-1q o*12-m 0b-12-2N o4-122-240 0*1229 o*12-m ox-l2-270 oN-122-2& w-12-37 o*12-W 0&12,w 0b152-110 o*1*-120 0&r52,1m 081521S 02s152tr 029152-210 o*152-2m 0415227 0b152410 02$152-310 0&152S 0F1f-3$0415m 04i53t20 0&1s$1s 0&41{S o8-m1@ 0a-201@ 08-r1{70 0&41@ 0&alt@ 04-201tI0 0s201i& oaat-m 0&4r370 02s201-m 08202{10o*b24x 0&202{s 0&20240 029202@ 0*202470 oa-ry{s0a-ae0 029-28{500a2us o*M-270 04211{10 0x-211-m FILED IN THE OFFICE OF THE CITY CLERK OF THE CITY OF BURLINGAME THIS - DAY OF -, 2012.1 2 3 5 6 7 6 t0 1l 12 13 14 15 16 17 1a t9 20 21 D 23 24 25 x 27 2A 29s 3l 32 33g 35$ 37 38 { 41 42 43 45 6 4a 49 50 CITY CTERK CITY OF BURLINGAME SAN MATEO COUNTY CAUFORNIA AN ASSESSMENT WAS LEVIED BY THE CITY COUNCIL OF THE CITY OF AURLINGAME ON THE LOTS, PIECES AND PARCELS OF LAND SHOWN ON THIS ASSESSMENT OIAGRAM. THE ASSESSMENT WAS LEVIED ON THE -DAY OF -, 2012. REFERENCE IS I\4ADE TO IHE ASSESSMENI ROLL RECORDED IN THE OFFICE OF THE SUPERINTENOENT OF STREETS FOR THE EXACTAMOUNT OF EACH ASSESSI\,IENT LEVIEDAGAINST EACH PARCEL OF LAND SHOWN ON THIS ASSESSMENT DIAGRAM. CITY CLERK CIry OF BURLINGAME SAN MATEO COUNTY CALIFORNIA RECORDED IN THE OFFICE OF THE SUPERINTENDENT OF STREETS oF THE CrTY OF BURLTNGAME. TH|S _ DAY OF _. 2012. SUPERII.ITEIiDENT OF STREETS CITY OF BURLINGAME SAN MATEO COUNTY CALIFORNIA FILED THIS - DAY OF-, 2O'2, ATTHE HOUR OF - o'cLocK_M, tN BooK_oF MAPS OFASSESSMENTAND coMMUNtry FAC|LtTtES OTSTRTCTSAT PAGE _ lN THE OFFTCE OF THE COUNTY RECORDER OF THE COUNTY OF SAN MATEO, STATE OF CALIFORNIA. COUNTY RECORDER SAN MATEO COUNTY CALIFORNIA NOTES: FOR PARTICULARS OF THE LINES AND DIMENSIONS OF ASSESSORS PARCELS. REFERENCE IS MAOE TO THE MAPS OF THE ASSESSOR OF THE COUNTY OF SAN MATEO. (}ITIBS Leqend ! eaoeoseo essessMENT orsrRrcr BouNDARy I eancer rnes ' tub E.Iil.ib 6 U:.ixtl,sl.tl firrti o 120 240 480 720 8, ASSESSMENT ROLL The assessment roll is a listing of the assessment apportioned to each lot or parcel, as shown on the last equalized roll of the Assessor of the County of San Mateo. The following table summarizes the assessments for the District for Fiscal Year 2016117: Property Land Use Type Parcel Count Total SpecialBenefit Points Allowable Annual Assessment Tota! Annual Assessment All Parcels 45 169.29 $1,832.10 per special benefit point $31 0,1 56 Total 45 169.29 $310,156 The assessment roll is a listing of the District assessment apportioned to each lot or parcel, as shown on the last equalized roll of the Assessor of the County of San Mateo. The assessment roll for the District is listed on the following page. Assessment District No. 2012-1 - City of Burlingame Prepared by NBS - Fiscal Year 2016117 8-1 I City of Burlingame City of Burlingame Assessment District No. 2012-1 Downtown Bu rli n game Aven ue Streetscape lmprovement Project Fiscal Year 20'|.6117 Assessment Rol! Assessor's Parcel Number Assessment ID Site Address Total Special Benefit Points Annual Assessment(1) 029-122-220 029-122-230 029-122-240 029-122-250 029-122-260 029-122-270 029-122-280 029-122-330 029-122-360 029-122-999 029-152-110 029-152-120 029-152-160 029-152-200 029-152-210 029-152-220 029-152-230 029Jt52-270 029-152-320 029-1 52-330 029-1 53-090 029-153-120 029-'t53-150 029-201 -030 029-201-040 029-201 -060 029-201 -080 029-201 -1 00 029-201-110 029-201-320 029-201 -360 029-201-370 029-201 -380 029-202-010 029-202-020 029-202-040 029-202-080 029-202-0SO 029-204-030 029-204-040 029-204-050 029-204-060 029-204-270 029-211-010 029-211-260 $5,679.51 5,551.26 5,459.66 5,496.30 4,800.10 6,210.82 6,027.61 4,928.35 11,578.87 '15,957.59 6,925.34 2,363.41 6,1 55.86 6,357.39 5,7',t6.15 3,957.34 5,862.72 5,771.12 12,714.77 7,071.91 7,401.68 7,181.83 8,904.01 3,847.41 4,818.42 1 0,626.1 8 5,734.47 4,360.40 6,998.62 14,125.49 't0,626.18 2,418.37 2,418.37 12,293.39 5,734.47 2,271.80 6,375.71 4,56't.93 5,038.28 4,122.23 4122.23 7,969.64 10,021.59 8,391.02 15,206.43 2 3 4 5 6 7 8 I 10 11 12 13 14 16 17 '18 19 20 22 23 24 25 26 27 28 29 31 32 33 34 35 36 37 38 39 41 42 43 44 45 46 47 4B 49 50 1420 BURLINGAME AVE 1426 BURLINGAME AVE 1436 BURLINGAME AVE 1442 BURLINGAME AVE 1448 BURLINGAME AVE 1460 BURLINGAME AVE 1462 BURLINGAME AVE 1408 BURLINGAME AVE 1490 BURLINGAME AVE 1476-80 BURLINGAME AVE 12OO BURLINGAME AVE 1208 BURLINGAME AVE 1232 BURLINGAME AVE 1316 BURLINGAME AVE 1348 BURLINGAME AVE 1354 BURLINGAME AVE 1380 BURLINGAME AVE 13OO BURLINGAME AVE 1218 BURLINGAME AVE 1210 BURLINGAME AVE 11OO BURLINGAME AVE 1150-60 BURLINGAME AVE .1,1 O8-1 8 BURLINGAME AVE 1471 BURLINGAME AVE 1461 BURLINGAME AVE 1435 BURLINGAME AVE ,1423 BURLINGAME AVE 1407 BURLINGAME AVE 1401 BURLINGAME AVE 1479-9l BURLINGAME AVE 1417 BURLINGAME AVE 1453 BURLINGAME AVE 1451 BURLINGAME AVE 1375 BURLINGAME AVE 1325 BURLINGAME AVE 1315 BURLINGAME AVE 130,I BURLINGAME AVE 1309 BURLINGAME AVE 1221 BURLINGAME AVE 1213 BURLINGAME AVE 1207 BURLINGAME AVE 1205 BURLINGAME AVE 1227 BURLINGAME AVE 1101 BURLINGAME AVE 1111 BURLINGAME AVE 3.10 3.03 2.98 3.00 2.62 3.39 3.29 2.69 6.32 8.71 3.78 1.29 3.36 3.47 3.12 2.16 3.20 3.15 6.94 3.86 4.04 3.92 4.86 2.10 2.63 5.80 3.13 2.38 3.82 7.71 5.80 1.32 1.32 6.71 3.1 3 1.24 3.45 2.52 2.75 2.25 2.25 4.35 5.47 4.58 8.30 TOTALS: (1) Difference due to rounding 169.29 $310,156.23 Page 1 of 1 t STAFF REPORT Agenda Item # g* Meeting Date: April2.2012 -./SUBMITTED BY APPROVED BY TO; DATE: FROM: SUBJECT: HONORABLE MAYOR AND CIry COUNCIL MARCH 26,2012 PUBLIC WORKS DOWNTOWN BURLINGAME AVENUE STREETSCAPE IMPROVEIVIENTS . ASSESSMENT DISTRICT 2012-1. PURPOSE: lt is recommended that Council take the following actions to initiate the formation of the Downtown Burlingame Avenue Streetscape lmprovement Assessment District No. 2012-1, 1, Review and approve the final proiect concept plan. 2. Revtew and approve the following attached resolutions. a. Adopt the Downtown Burlingame Avenue Streetscape lmprovement Project Assessment Ballot Proced ures, b. lnitiate proceedings for the proposed Assessment District, c. Approve the preliminary Engineers Report with proposed boundary of the Assessment District. d. Declare the intention to order the formation of the Assessment District. 3. Review and approve the sample public notice and ballot to be sent to each property owner within the district. BACKGROUND: At the January 17, 2012 meeting, the Council reviewed three options for the Burlingame Avenue Streetscape lrnprovements Project and directed staff to proceed with Alternative 1 for the project design. Since that time, staff and the consultant team have met with the stakeholder group to further develop the design and held a community workshop with the Council to obtain public input. ln general, the recommended streetscape project concept includes 50% wider sidewalks with concrete pavers, parallel parking, intersection bulb-outs, and shorter crosswalks for pedestrian safety, site furnishings, new street lights, street trees, landscaping and new site furnishings. ln addition, the project construction will also include utility replacements for water, sewer, and storm drain systems; asphalt roadway paving; concrete paving for the parking and intersection areas. Funding: The total overall estimated cost of the project (streetscape and utilities) is $15.9 M. Approximately $11.475 M would be contributed by the City using various funding sources including water and sewer enterprise funds; parking meter rate I increases, storm drainage funds, state gas tax and Measure A Grant as well as existing funds in the streetscape CIP budget. The remaining $4.475M is proposed to be funded by the Burlingame Avenue property owners through an Assessment District. DISCUSSION ln order to initiate the formation of the Downtown Burlingame Avenue Streetscape lmprovements Assessment District 2012-1, Council must review and approve the following. The Final Concept Plan: The following are the key elements of the final project concept plan (The project consultant RHAA will make the presentation at the meeting). . 16 foot wide sidewalk made of concrete pavers . 10 foot wide asphalt concrete travel lanes. 8 foot wide concrete parallel parking stails. 2 feet of parking / assist area . Accessible crosswalks of concrete pavers at all intersections, Pedestrian and roadway safety lighting. Hanging flower baskets with irrigation system . Street fumishings including bicycle racks and benches. lnformational signage and kiosks. Replacement street trees and landscaping as well as . Gateway entry columns. Assessment District Procegdinssl ln order to proceed with the formation of the Assessment District 2012-1, the Council should review and approve the attached resolutions for establishing protest hearing procedures: initiation of Assessment District proceedings; the Engineefs Report; and declaration of intention to form the Assessment District. The Assessment District comprises a total of 50 parcels frontlng Burlingame Avenue between El Camino Real and California Drive. The attached Enginee/s Report provides the Assessment District Boundary Map and details of the special and general benefits, The assessments to individual parcels are based on three factors - aesthetics, safety, and economic benefits. The aesthetic and safety factors use linear lot frontage while the economic factor uses the individual parcel's square footage. The total annual revenue from the proposed Assessment District 2012-1 is estimated at $335,787, The average annual assessment per parcel is $6,716. Actual annual assessment for a given parcel may vary depending on the actual linear frontage and square footage area of the parcel. The annual assessments will be for a period of 30 years. The propefi owner may pay off the annual assessments at any time during the 30 year period. Upon Council approval, the public notices and ballots will be sent via certified mailed to property owners within the proposed assessment district at least 45 days prior to the public hearing. The pubtic hearing is set for lt/ay 21, 2012 at which the Council will hold the public hearing to receive protests and review the ballots received to determine the formation of an assessment district. The ballots are weighted by the I proposed assessment amount on each property and the results announced by the City Council, lf there is not a majority protest of the total ballots received prior to the close of the public hearing, the Council may proceed with the assessment district formation and pursue the project, BUDqET IMPACT: lf approved, the Burlingame Streetscape lmprovements project will be funded by a combination of City and Assessment District financing as described above in the staff report. EXHIBITS:Resolutions a. Assessment District Procedures b. lnitiating proceedings for Assessment District No, 2012-1 c. Approve preliminary Engineers Repoft d. Declare intention to order the formation of the Assessment District No. 2012-1 Preliminary Engineer's Report with Assessment Boundary Map Sample Pubtic Notice Sample Assessment Ballot Final Concept PIan (8 pages) Prog lvlanager s:\a publicworks directory\staffreports\8l030 assessment district sr 3-26-12,docx *tu 4, Arr,^^- I I l I STAFF REPORT Agenda lfr"J,f,n* Date: Mav 21.2012 SUBMITI'ED BY APPROVED BY TO: DATE: FROM: SUBJECT: HONORABLE MAYOR AND CITY COUNCIL MAY 13,2012 PUBLIC WORKS PUBLIC HEARING TO FORM ASSESSI\IIENT DISTRICT 20,I2-1 FOR DOWNTOWN BU RLINGAME AVEN UE STREETSCAPE IMPROVEMENTS. PURPOSE: lt is recommended that Council take the following actions to review the ballots cast in the formation of the Downtown Burlingarne Avenue Streetscape lmprgvement Assessment District No. 201 2-1 . 1. Hold a public hearing to: a. Hear all interested persons in the matter of the proposed assessment district and the amounts of the assessmentrs to be imposed; b. Hear all objections, protests, suppott or other written communications relative to the fonnation of the district or the amounts of the assessrnents from any person; c. Receive any remaining ballot subrnissions (must be submitted PRIOR to the conclusion of the public hearing). 2. At the conclusion of the public hearing, Council should continue the proceeding until later in the rneeting and direct the City Clerk to review all the ballots and report back to the Council before the end of the meeting. 3. Once the ballots have been tabulated, the Council should then review the ballot results and do one of the following: a. lf there [s not a 'majority protesf' the Council may adopt the attached Resolution ordering improvements, ordering formation of the City of Burlingame Streetscape lmprovement Assessment District No. 2012-1, confirming the assessment diagram, confirming and levying assessments, and authorizing necessary action; or b. lf there is a "majority protesf', then Council must abandon the creation of the district. BACKGROUND: At the April 2, 2012 meeting, Council initiated the proceedings to form the Downtown Burlingame Avenue Streetscape lrnprovement Assessment District No, 2012-1. Weighted ballots were sent via certified mail to all the property owners on April 5, 2012. Ballots are weighted based on the assessrnent arnount catculated for each parcel. To date, of the ffty (s0)^pallots mailed to property o*n"r", twenty-five (25) have been received by the City Clerk' DI$QUSSIoN:lnordertocomptetetheformationoftheDowntownBurlingame Avenue streetscap" lrprouuments Assessment Distrtct 2012-1, Council must review the ballots "no odt**ine if there is a "majority protest" vote. ln the event that the weighted "r."rrr"nt ballots cast in opposition, exceed the weighted assessment battots i. ;6pil;in"t will be a "majority qlgtesf and the City Council wil be prectuded fro;, ;#;;iing witn formation ot tne district. lf a "majority protest" does not exist, Cou.lh ,rV prdceeC with formation of the assessment district by adoption of the attached resolution' The city clerl< wilt review the validity of the ballots after the close of the public hearing, and report back to the Countil before the end of the meeting' The ballot tabulations wi1 be il;;il; by the city clerk with assistance from NBS Consultant and staff in Conterenc" ioom n at the City Hall, which will be open to the general public for observation. BUDGET IMPACT: lf apprwed, the,Burlingame Streetscape lmprovements project willb-efunded by a'com[ination of City and Assessment District financing' EXHIBITS: Resolution ordering improvements and formation of assessment Oistrici-iOtz-1; ffildavit of mailing; Sample ballot; and Engineer's rePort. - Program Manager s:\a public works directory\staff reports\81030 assessment district baltot count stafF report re'gg-F'l 1-1 2'docx i i I I I I I I STAFF REPORT AGENDA NO: 9b MEETING DATE: June 20,2016 To:Honorable Mayor and City Council Date: June 20, 2016 From: Carol Augustine, Finance Director - (650) 558-7222 Subject:Public Hearing and Adoption of Resolutions (1) Adopting the FY 2016-17 Operating and Capita! Budgets and Authorizing the Finance Director to Assign Uses of Fund Balance Amounts; and (2) Approving the Gann Appropriation Limit RECOMMENDATION Staff recommends that the City Council hold a public hearing on the Proposed Operating Budget and Five-Year Capital Plan for fiscal year 2016-17, and adopt the two annual budget approval resolutions in the following order: a. Resolution of the City Council of the City of Burlingame Adopting Operating and Capital lmprovement Budgets for the City of Burlingame for Fiscal Year 2016-17 and Authorizing the Finance Director/Treasurer to Assign Uses to Fund Balance Amounts b. Resolution of the City Council of the City of Burlingame Establishing the Fiscal Year 2016- 17 Appropriation Limit for the City of Burlingame Pursuant to Article Xlll B of the California Constitution. BACKGROUND The City Council held a Budget Study Session on Wednesday, May 11,2016, to review the City's initial operating and capital budgets for the upcoming fiscal year 2016-17. At the study session, staff requested and obtained direction from the City Council regarding increases in staff resources in specific areas in order to support certain tasks in the 2016-17 Goal Setting lmplementation Action PIan. As a result, certain personnel budget increases were recommended. ln addition, staff has been able to review all proposed departmental appropriations (including cost allocations, internal service funds charges, and interfund transfers), and has made further adjustments and corrections as discussed below. DISCUSSION As noted, adjustments to the initial budget were necessary to reflect changes in General Fund cost estimates in departmental expenditures: General Government - An increase in the City Council's Community Groups Funding Program was made in order to provide additional funding for one-time grant(s) to 1 a Adoption of FY 2016-17 Budget June 20, 2016 organization(s) with established programs that assist individuals and families that struggle with cost-prohibitive housing in Burlingame. The additional $45,000 appropriation will allow the current Community Groups Funding Program to remain in place, yet provide additional support to efforts to manage this unfortunate upshot of the area's growing economy. a Personnel Costs - ln a review of the line-item budget detail of personnel positions, staff noted that an over-fill position in the Police Department, which was approved for the current fiscal year, was carried over to the 2016-17 budget. The use of the over-fill position allowed for full staffing while an officer was on extended leave. The position (which was not included as an FTE position) is no longer needed and should not be incorporated into the budgeted costs of the department. ln addition, staff noted duplication in the cost of administrative leave in the preliminary budget; this cost was already captured in part in departmental budgets for compensatory time off. A small downward adjustment to health benefits was also made to reflect actual coverage choices by recently hired employees. Finally, retiree medical costs for current active employees (OPEB normal costs) went down slightly after the payroll surcharge for this benefit was adjusted to match actuarial projections. CITY OF BURLINGAME, CA GENERAL FUND OPERATING SUMMARY FY15-16 FY15-16 Adopted Adjusted FYL6-L7 Budget Budget Proposed Total Revenue s 60,858,500 s65,497,600 $65,930,700 Expenditures Departmental Expenditures Transfers (tn) Out Total Expenditures (49,434,722) (7,442,9731 (49,804,642) (7,692,9731 (52,13L,328) (7,574,9271 Net Operating Revenue (56,877,6951 3,980,805 (3,000,000) 0 (57,497,615) 7,989,985 (10,500,000) 0 (59,705,255) 6,724,445 (3,000,000) 0 Change in General Fund Balance S 3,980,905 S 015) $ 3,t24,445 Once adjusted, the General Fund Summary projects a $3.12 million surplus/change in fund balance, up from the $2.93 million reported at the May 1 1,2016 budget study session. 2 CIP Renewal& Replacement Reserve Extraordinary ltem - OPEB Trust Adoption of FY 2016-17 Budget June 20, 2016 All other funds were similarly reviewed and adjusted as necessary to account for instances of discrepancies and/or the availability of updated information. Changes in the various personnel cost distributions impacted all operational funds (enterprise and internal service funds), but not significantly to those presented in the preliminary budget in May. After the updates were incorporated, the FY 2016-17 budget totals that are now recommended for adoption are as follows: CITY OF BURTINGAME, CA BUDGET SUMMARY BY FUND General Fund Capital Projects Financing Authority Building Enterprise Landfill Fund Parking Enterprise Sewer Enterprise Solid Waste Enterprise Water Enterprise Special Revenue Funds Other Funds Total FYL6-L7 Budget 5 52,L37,328 19,135,000 8,008,965 7,697,026 244,607 563,037 10,572,671 564,405 L4,528,57 8 60,000 520,L57 S 99,878,800 s 108,02s,758 49,804,642 14,308,000 7 ,879,470 1,654,006 244,Ot7 509,875 1.0 ,435 ,41,6 554,661 L3,807 ,984 203,000 537,595 To avoid duplication of appropriations, the budgets shown exclude interfund transfers. The City's internal service funds have been shown net of the charges to other funds/departments and included as "other funds" in the chart above. A detailed copy of the 2016-17 fiscal year Budget is on file in the Office of the City Clerk and on the City's website. Copies of the budget document were submitted earlier as part of this meeting's Council packet. ARTTCLE Xlll(B) APPROPRTATION LIMtT (GANN Lti/ltT) The City's appropriation limit for this budget cycle has been prepared in accordance with uniform guidelines. The appropriations limit imposed by state regulations creates a restriction on the amount of "proceeds of taxes" that can be appropriated by the City in any fiscal year. The limit is based on actual appropriations during the 1978-79 fiscal year, as increased each year using groMh of population and inflation indexes. The appropriation of tax proceeds limit of $73,799,126 for fiscal yeat 2016-17 is significantly greater than the $41 ,1 93,580 of proposed City expenditures that is subject to the limit for this year. Therefore, the City is well within its appropriation limit. 3 FY15-15 Adiusted Budget Adoption of FY 2016-17 Budget June 20, 2016 STATEMENT NO. 54 OF THE GOVERNMENTAL ACCOUNIING SIANDARDS BOARD: FUND BALANCE REPORTING AND GOVERNMENTAL FUND WPE DEFINITIONS GASB Statement 54 was intended to improve the usefulness of governmental fund balance information by providing the users of financial information with clearly defined categories of fund balance and the constraints placed on the City's fund balances- Enterprise or business-type funds are not affected. GASB 54 requires governmental fund balances to be reported using five categories, which take into consideration the makeup and intended use of the various fund balances. The hierarchy of the five possible classifications of fund balance is: Non-spendable Restricted Committed Assigned Unassigned Unrestricted (Reserves) Reserves are obviously a critical element of effective financial management. ln order to establish appropriate reserve levels, the City has adopted a risk-based General Fund Reserve Policy that is reviewed at least annually. Recognizing the City's various economically sensitive revenues, a very high Economic Stability Reserve (24 percent of General Fund revenues) was established. The reserve strategy for catastrophic events was revisited in October 2015, and the Council authorized a reduction in the General Fund Catastrophic Reserve from the previous 2-9 percent range to a flat $2 million. The following assignments of the fund balance of the City's General Fund are shown here with the estimated amounts to be assigned as of the end of fiscal year 2016-17: Economic S bilitv Reserve:Available to protect and preserve City services from dramatic drops in General Fund revenues that are highly sensitive to economic conditions, mainly sales taxes and transient occupancy taxes; the recommended reserve level was established at 24 percent of the fund's budgeted revenues. This equates to $ 15.8 million for the year ended June 30, 2017. Catastrophic Reserye: Available to initiate fundi ng of repairs and reconstruction of City buildings and facilities that may be damaged by natural disasters or acts of war and terrorism; the reserve level is $2 million - slightly over 3 percent of projected revenues in the Fy 2016-17 budget. Continqe ncv Reserve:Available to cover unexpected expenses that may arise during the course of the fiscal year that were not considered during budget planning ($500,000) The City Council provides direction on the assignment of fund balance and the amounts to be assigned with the adoption of each fiscal year's budget. The budget adoption resolution gives the Finance Director the authority to assign these uses to General Fund balance together with the amounts of each assignment in accordance with Council policies and direction. The City's risk-based reserve policy also describes acceptable uses of reserves, establishes who is authorized to use the reserves, and provides guidance as to replenishing reserves (back to target levels) when necessary. Note that, although the city's reserves are adequate as a hedge 4 l Adoption of FY 2016-17 Budget June 20, 2016 for unexpected losses from events such as natural disaster and economic downturns, a separate Renewal and Replacement Reserve was established within the City's Capital Project Fund to pay for a long list of specifically identified capital needs. To the extent these specific projects remain unfunded, they represent a type of long-term liability to the City. The Renewal and Replacement Reserve was first funded with a mid-year transfer of $3 million from the City's General Fund in fiscal year 2014-15. The reserve balance as of the end of the current fiscal year is anticipated to be $13.5 million. An additional $3 million transfer out for the reserve is included in the 2016-17 fiscal year budget; however, the appropriate amount of annual funding for this reserve (as an operational cost) has not yet been determined. FISCAL IMPACT The General Fund budget for the 2016-17 fiscal year calls for projected revenues of $65,830,700, with expenditures and net transfers out of $62,706,255. The General Fund balance is estimated to be nearly $29.8 million at the end of fiscal year 2016-17. Estimated increases or decreases to other major fund balances are shown on pages 44-45 of the 2016-17 Budget document. Exhibits: . Resolution of the City Council of the City of Burlingame Adopting Operating and Capital lmprovement Budgets for the City of Burlingame for Fiscal Year 2016-17 and Giving the Finance Directorffreasurer the Authority to Assign Uses to Fund Balance Amounts Resolution of the City Council of the City of Burlingame Establishing the Fiscal Year 2016- 17 Appropriation Limit for the City of Burlingame Pursuant to Article Xlll B of the California Constitution a a City of Burlingame Proposed Budget for the 2016-17 Fiscal Year 5 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME ADOPTING OPERATING AND CAPITAL IMPROVEMENT BUDGETS FOR THE CITY OF BURLINGAME FOR FISCAL YEAR 2016.17 AND AUTHORIZING THE FINANCE DIRECTORYTREASURER TO ASSIGN USES TO FUND BALANCE AMOUNTS IN COMPLIANCE WITH STATEMENT 54 OF THE GOVERNMENTAL ACCOUNTTNG STANDARDS BOARD (GASB) WHEREAS, each year the City of Burlingame prepares an annual budget that details the City's planned expenditures in light of its expected revenues; and WHEREAS, the City Council has received the initial budget from the City Manager, conducted a public study session on May 11,2016, and conducted a public hearing on June 20, 2016, and the Council has received and considered all testimony and documentation submitted in connection with the proposed budget; and WHEREAS, GASB 54 requires governmental fund balances to be reported using five categories, which take into consideration the makeup and intended use of the various fund balances; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BURLINGAME DOES HEREBY RESOLVE AND ORDER AS FOLLOWS: The City of Burlingame operating and capital improvement budget requirements for the coming year as detailed in the copy of the Budget on file in the Office of the City Clerk, are approved and adopted for the 2016-1 7 fiscal year. 2. The City of Burlingame budget total is $108,025,768 and consists of the following: a) General Fund: b) Capital Projects: c) Water Enterprise: d) Sewer Enterprise: e) Parking Enterprise: f) Building Enterprise: g) Solid Waste Enterprise: h) Landfill Post Closure h) Financing Authority: i) All other Funds: $52,131 ,32e 1 9,1 35,000 14,528,578 10,572,671 563,037 1,697,026 564,405 244,607 8,008,965 520,151 3. The City Council authorizes the Finance Director/Treasurer to assign uses to fund balance amounts in compliance with Statement 54 of the Governmental Accounting Standards Board (GASB). RESOLUTION NO. 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 Burlingame City Council held on the 20th day of June, 2016, and was adopted thereafter by the following vote: Ann Keighran, Mayor I\/eaghan Hassel-Shearer, City Clerk AYES: NOES: ABSENT: Councilmembers: Councilmembers: Councilmembers: RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME ESTABLISHING 2016-17 APPROPRIATION LIMIT FOR CITY OF BURLINGAME PURSUANT TO ARTICLE XIII B OF THE GALIFORNIA CONSTITUTION WHEREAS, the State Legislature adopted Government Code Section 7900, implementing Article Xlll B of the California Constitution, and Proposition 111, adopted in June 1990, provided new adjustment formulas; and WHEREAS, the State Legislature adopted Government Code Section 7900, implementing Article Xlll B of the California Constitution, and Proposition 111, adopted in June 1 990, provided new adjustment formulas; and WHEREAS, Section 1.5 of Article Xlll requires a review of the Gann Limit calculation as part of an annual financial audit, and the City of Burlingame has revised its the appropriation limit for fiscal year 2015-16 based on a review performed by independent financial auditors; and WHEREAS, in accordance with State law, the City of Burlingame has prepared documentation establishing the 20'16-17 appropriation limit, and has made this documentation available to the public in the proposed 2016-17 budget more than fifteen (15) days before this resolution is being considered and adopted, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BURLINGAME RESOLVES AS FOLLOWS: 1. For Fiscal Year 2016-17, the Cityof Burlingame's appropriation limitis $73.799.'126. 2. The Adopted Budget for Fiscal Year 2016-17 includes $41.193.580 in appropriations that are subject to the limit, and proceeds of taxes of $58.570.383. 3. For Fiscal Yeat 2016-17, the City of Burlingame iswithinthe limits of Article Xlll B ofthe California Constitution. WHEREAS, in November 1979, the voters of the State of California approved Proposition 4, the Gann Appropriation Limit lnitiative, which states that beginning July 1, 1980, all state and local government budgets are limited to a formula based upon the 1978-79 budget, plus adjustments for cost of living and population changes, and specific exceptions for service charges, federal and state grants, reserve funds, etc.; and Ann Keighran, 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 20th day of June, 2016, and was adopted thereafter by the following vote: Councilmembers: Councilmembers: Councilmembers: l/eaghan Hassel-Shearer, City Clerk AYES: NOES: ABSENT: ! (City of Burlingame Budget for 2A16-17 June 20,2016 BUR Alr_,lE . l{o chunges to revenues . Addition of $45,000 to Community Groups Funding Program . Elilnination of overstuted personnel casls,,. Anticipated surplus of $3.1 ruillion (as opposed to $2.9 million) General Fund Budget Changes 2 General Fund Revenues FY1&15 PropertyTax lr*--*%, Sales and Use Tax 11,100,900 Transient OccupancyTax 23,698,395 OtheiTaxes 3,04A374 Ucenses & Permits 83,840 Fines, Forfeitures and Penahi€s A37,704 Use of Money & Property 207,957 Charges for Seruices 4,450,746 Other Revenue 7,047,384 State Subventions 465,725 lnterest lncome 260,740 Total, General tund Revenue $61,909,081 5L7,776,4O0 1,3,244,0OO 25,200,000 3,113,000 87,000 836,000 220,500 4,544,200 46,500 157,000 S18,o26,ooo 11,969,000 26,000,000 3,131,000 88,000 942,OOO 206,000 4,795,200 30,500 254,000 309,500 (1,27s,000) 800,000 18,000 1,000 106,000 (14,s00) 251,000 (16,000) 97,000 r.7% -9.6% 3.2% 7.1% L2.7% -6.6% 5.s% -34.4% 67.4o,4 20.4% 96s,487,500 S6s,830,700 S 343,100 0,5% CITY OF BURLINGAME, CA SUMMARY OF GENERAL FUND REVENUES FY15-15 Adjusted FYlS-17 Proposed 5 change % change Irom FY15-16 from fY15-16 Appropriations by Type CITY OF BURLINGAME, CA SUMMARY OF GENERAT FUND EXPENDITURES BY TYPE s 2s,206,845 s 27,247,O53 5 2,040,208 27,t77,845 21,068,541 (109,304) 3,299,720 3,586,234 286,514 L20,232 229,500 109,268 4.7%s 49,804,542 s 52,131,328 s2,326,585 S change ,rom Prior Year % Change from Prior Year FYl4-15 Actuals FYl6-17 Proposed Personnel Costs Non-Personnel Costs lnternal Seruices Capital outlay Total Expenditures 5 22,273,437 78,776,243 3,861,23s 94,165 s 44,405,080 8.L% -0.5% 8.7% 90.90/o FY15-16 Adjusted Budget a L 4 Description General Fund Summary ls7A97,6tsl (s9,706,2ss1 7,989,985 6,724,M5 (10,s00,0o0) (3,000,000) (2,s10,0151 s ',124,4s CITY OF EURTINGAME, CA GENERAT FUND OPERATING SUMMARY s60,8s8,soo s6s,487,600 s6s,830,700 CIP Renewal & Replacement Reserue Change in General Fund Balance Total Revenue Net Operating Revenue FY16-17 Proposed FYl5-16 Adopted Budget FY15-16 Adiusted Budtet (49,434,722], 17,442,9731 (49,8O4,6421 (7,692,973]. (s2,131,328) l7,s74,927r. Expendltures Departmental Expenditures Transfers (ln) Out Total Expenditures (s5,82,69s) 3,980 805 (3,00o,o00) s 98O,8Os General Fund Balance CITY OF BURTINGAME, CA CHAN6ES TO GENERAL FUND BATANCE FY15-16 Adiusted Budget FY16-17 Pro.iected Beginning of Year Balance (BudgevAudit)s 29,237,630 s 26,727,5!s Projected Revenues & Expenditures Projected revenues Pro.iected departmental expenditures Subtotal, Revenues Net of Expenditures 65,487,600 l{49,804,6421 55,830,700 (s2,131,328) 15,682,958 L3,699,372 General Fund Long-Term Debt Transfer to CIP Renewal & Replacement Reserve other Transfe6 ln (out) of Gene6l Fund (6,404,731) (10,s00,000) 17,288,2421 (s,756,745]. (3,000,000) (1,818,182) Proiected General Fund Salance, net of transfers s 26,727,6rs s 29,8s2,060 5 CITY OF BURLINGAME, CA GENERAT FUND BATANCE ASSIGNMENTS Economic Stability Reserue Catastrophic Reserue Contingency Reserue Subtotal, Assigned Fund Balance Add: Unassigned Fund Balance Total, Ending Fund Balance S 13,3oo,ooo S 1s,7oo,ooo 4,500,000 2,000,000 00 500,000 s00,000 FY14-15 Actual Results FY15-15 Adiusted Budget FY16-17 Projected s 1s,800,000 2,000,000 0 s00,000 r.8,300,000 10,937,630 18,200,000 8,527,67s 18,300,000 11,552,060 s 29,237,6t0 s 26,727,6L5 s 29,8s2,060 Facilities CIP Parking & Garages CIP Parks & Trees CIP Sewer CIP Storm orain CIP Streets CIP Water CIP All CIP Funding Sources, FY2015-17 s1,410,000 0 s1,4r.0,00000so 1,575,000 0 s1,575,000 0 4,700,000 s4,700,000 0 5,050,000 s5,050,000 1,700,000 2,200,000 s3,900,000 0 2,s00,000 s2,s00,000 S4,68s,ooo S14,45o,ooo S19,135,000 CITY OF BURLINGAME CAPITAT IMPROVEMENT PROGRAM Other General Fund Funds/Sources Ft76-L7 Total Proposed 2016-17 Appropriations by Major Fund __- -SolH Uffi. Edrp.L.,- osta Orh.r Fund.,0.8ta 0.sr lululaa tnsadE, l.6ta - Fln.n lnt Autfiodv ,3ta -. Mdry P$tlnt EntdFl!, Other Funds . lt{ovember 1979 initiative . Places limits on growth of expenditures for public programs . Limit udjusted annually for changes in \rU(/ruing und populution . Apprfirlations sabject to the limttation : aathortzation to expend oe proceeds i o tntdFri..,9-8S G.m7rl tund, 4&il W.t( Enr.rpde, lr,4ra C.pbl Prcla<r$ !7.rr Gann Appropriation Limit BURLINGAME BUDGET 2016-17 GENERAL FUND AND TAPIIAL IMPROVEMENI PROIRAM AI A ILANtE Your General Fund Dollars Support Crucial City Services. $5.IMiGeneral Government $26.3M : Safety [r Emergency Response $5.1M $1.7M Critical Service Area Budget t Publicworks Program Description City-wide strategic planning, in-house counset, code enforcement, elections and records, Municipat Code, budgeting, financiaL reporting, customer seruice, human resources, sustainabiLity PoLice patroL, investigations, crime prevention, SWAT, traffic safety, parking enforcement, 911 dispatch, fire suppression and prevention, emerg en ry med i cal serui ces, d i saster prepared n ess Traffic sig na[s, streetlights, admi n i stration of capitaL i mprovement projects and tong-term strategic capitaL ptan, street sweeping, regiona[ shuttle service, stormwater management and compLiance PLan checks, code and zoning enforcement, Land use, Ctimate Action Plan, pubtic outreach, reaL estate development, GeneraI PLan update, Downtown Specific Ptan, economic development#Community [)evelopmenttLeisure [r Culture $13.eM Library services, media and technology Labs, health, fitness and enrichment programs, maintenance of the urban forest, City medians, parks and open space Capital lmprovement Project Funding Totals 519.1 million. ctTy FActLtTtES PARKS T IREES 5T0RM DRAI].| STREETS t, PARKll,lG WATER f, SEWER The Budget Has Reserves for Rainy Days [r Saves for Unfunded Capital Needs. 35o/o of General Fund expenses will be in reserves upon budget adoption. Healthy reserves are needed to prevent service disruptions during times of economic decline. on )uly 1, the city will also have $ r 3.5 million set aside for unfunded capital needs. The City has over $100 million in critical infrastructure needs, such as a new Coinmunity Center, City Hall, and a downtown parking garage. Want to know more? View the futl text of the Adopted Budget at www.burlingame.or9. Major repair and maintenance of buil.ding facil.ities covering a 200,000 square footage area, including fire stations. Energy efficiency programs, seismic retrofitting, HVAC and etevators. $1.6 M Major repair and maintenance of 18 parks,4,640 park trees and 17,146 street trees. lncludes pLayground equipment, sports fieLds, lighting, fencing, and paving. $5.0 M Major repair and replacement of a system inctusive of 50 miles of storm drains and creeks. Maintenance of 5 watersheds,6 pump stations and 2,000 catch basins. $3.e M Major repair and repLacement of 84 centertine mites of streets,116 mites of sidewatks, and 26 parking [ots. lnctudes ADA access, bicycle routes, City-owned streettights and traffic signaLs. $7.2 M Major repair and repLacement of a utiIity system covering more than a combined 200 mites.lncludes reservoirs, pump stations and other facilities to ensure water quaLity and system reLiabiLity. € CI J l! $1.4 M tllLlJ =t-JIJ.I Et-o l \ BURLINGAME BUDGET 2016-.,/.,7 GENERAL FUND AND TAPITAL IMPROVEMENI PROIRAM AI A ILANtE t'lhere Does the General Fund Revenue Come From? Transient occupancy and sates tax revenues are expected to grow due to increased tourism, passenger traffic at SFO as wetl as more foot traffic in the vibrant retaiI corridors on Burtingame and Broadway Avenue. SaLes per capita in Burtingame continue to surpass State and County levets. Property taxes are expected to grow due to new construction and changes in ownership. As a result, revenue is expected to grow by 8% compared to last year's budget. Fines, Forfeitures and Penalties Charges for Services Sates & Use Tax Transient Occupancy Tax\ \ \ \ \rc\\II -tt-t-'- Where Do Your Taxes Go? Property Tax L 115 S t2 rrH sr Sates tax revenue to the County supports publ.ic transportation, inctuding SamTrans, Cattrain, and roadway improvements. More than half of the State's share goes to the State GeneraI Fund, with the remaining going to education, pubtic safety and sociaI services. Support Citg Seruices- Shop Burlingame! .a City of Burlingame - 50.95 .a County of San Mateo - SL55 .O State of California - 56.50 0ther Franchise Tax $1 6M 27% s18.0M .0M 40% s26.OM 18% S12.oM L 11180e15 C 12*ra*o%ho rI.1? Your Burlingame Property Tax Dollar Your property taxes support lbral schools ind govirnmeni services. Every dollar goes to the following: :NO?[E I 47C GT I I I lDII \\T -I I-|I (, flfr K-1 4 Schools 29C San Mateo County ,T./rr t 17C City General Fund = $9.00 total tax paid (on a $100 purchase) l- ,- rG I Your Burlingame Sales Tax Dollars Explained The City's sates tax is 9.00%. This means for every $100 you spend, you spend another $9 in saLes tax. Here's the breakdown of where it goes: ffs STAFF REPORT AGENDA NO: 10a MEETING DATE: June 20,2016 To:Honorable Mayor and City Council Date: June 20,2016 From: Leslie Loomis, Human Resources Director - (650) 558'7209 Subject: Adoption of a Resolution Approving a Memorandum of Understanding between Teamsters Loca! 856 and the City of Burlingame and Authorizing the City Manag er to Execute the Memorandum on Behatf of the City RECOMMENDATION Staff recommends that the City Council adopt the attached resolution authorizing the City Ivlanager to amend the Memorandum of Understanding (MOU) between Teamsters Local 856 and the City of Burlingame and authorize the City Manager to execute the MOU on behalf of the City effective January 1, 2016, through December 31 , 2018. BACKGROUND Teamsters Local 856 represents the Police Department Communications Dispatchers (seven employees). The Teamsters labor agreement expired on December 31, 2015. The City and the Teamsters have been meeting over the past several months to negotiate the terms of a new agreement. On March 18, 2016, the Teamsters ratified a tentative agreement that is within the authority provided by the City Council. DISCUSSION The major terms of the new agreement are similar to those included in the recent agreements with the AFSCNIE units and the Department Head Unrepresented Employees Unit and are as follows: Term a Salary . 3.0o/o increase retroactive to January 1,2016 . 3.0o/o increase effective the first pay period in January 2017 . 3.0 %o increase effective the first pay period in January 2018 1 Three-year term; new term January 1,2016, through December 31, 2018. Teamsters MOU June 20, 2016 a Medical: The City will contribute up to the Blue Shield HMO rate for employee only, up to the Blue Shield rate for employee plus one, and up to the Kaiser Family rate for employee plus two or more. Any employee that enrolls in a medical plan that has a higher premium than the City's contribution will pay the difference via pre-tax payroll deductions. Employees who demonstrate that they have medical insurance from another source will receive $350 per month in lieu of medical benefits. The funds may be placed into a deferred compensation plan, Section 125 plan, ortaken in cash. Vision: The reimbursement formula changes from a total cap of $435 a yeat on specific costs to an overall maximum reimbursement of $600 per year. Holiday Pay: Staff will no longer receive time off on holidays and will instead receive 4.3 hours of holiday per pay period. Compensation Time Off: . Comp time off shall be allowed to accrue to a maximum of 160 hours (previously 150 hours). Vacation: Staff will be eligible to sell back up to 40 hours of accrued vacation per year, subject to the Police Chief's approval. a a a a a ln addition to the above noted changes, the new contract includes revising certain language for greater clarity, and other Council-authorized changes. All of the recommended changes are included in the attached Memorandum of Understanding. FISCAL IMPACT The FY 2015-16 City budget includes funding for the cost of the proposed increases to the Teamsters Unit. The cost of a3% salary increase with the rollup costs is $12,067 for FY 2015-16. The cost of a 3o/o salary increase with the rollup costs is $24,497 for FY 2016-17 , The cost of a3o/o salary increase with the rollup costs is $25,232for FY 2017-18, Exhibits:. Resolution. Memorandum of Understanding 2 RESOLUTION NO. A RESOLUTION OF THE CIry COUNCIL OF THE CITY OF BURLINGAME APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN TEAMSTERS LOCAL 856 AND THE CITY OF BURLINGAME AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE MEMORANDUM ON BEHALF OF THE CITY WHEREAS, Teamsters Local 856 represents the Police Department Communications Dispatchers, a unit that includes seven employees; and WHEREAS, the Teamsters labor agreement expired on December 31 , 2015; and WHEREAS, the City and the Teamsters have met and conferred in good faith on the terms and conditions of employment as provided by State law; and WHEREAS, the City and the Teamsters have reached agreement on certain changes to be made to the existing terms and conditions of employment and lvlemorandum of Understanding between the City and the Teamsters; and WHEREAS, the proposed changes are fair and are in the best interests of the public and the employees represented by the Teamsters. NOW, THEREFORE, BE IT RESOLVED: 1. The changes in existing salary and benefits of the employees represented by the Teamsters as contained in the lr4emorandum of Understanding between Teamsters Local 856 and the City of Burlingame effective January 1, 2016, through December 31, 2018 are approved. 2. The City lvlanager is authorized and directed to execute the attached lv'lemorandum of Understanding between the Teamsters Local 856 and the City of Burlingame. Ann Keighran, 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 20th day of June 2016, and was adopted thereafter by the following vote: I\4eaghan Hassel-Shearer, City Cle rk AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: MEMORAIYI}UM OF UNDERSTANDING BETWE,EN TEAMSTERS LOCAL 856 AND THE CITY OF BURLINGAME JANUARY 1,2016 - DECEMBER 31, 2018 IVIEMORANDUM OF UNI'ERSTANDTNG BBTWEEN TEAMSTERS LOCAL 856 ANI) THE CITY OF BIJRI,INGAME JANUARY l,Z0t6- DBCBMREIT 3t,2018 DAYS AND HOURS OT WOITK t. 2. 3. 4. t. 6. 7. 8. 9. 10. 11. 12. I3. t*. 15. 16. ,7. 18. r9. 20. 21, 22. 23. 24" TUITION REIMBURSEMENT EXPENSE ITTTIMI]LTRSEMENT ITOR CtTY I}USINtrSS -4- -5- -6- SICK LEAVE 7- G RI EVANCB PITOCED UIIJI ............. - 10 - HEALTH AND WELTiAR_E....... ...... _ t2 - UNIFORM ALLOWANCII.......... ... _ 15 - PROIIATIONARY pnRtOD .......... _ ls - I.AYOtr'!' AND RECALL..........15- DEivlo'rloN, SUSPENSI0N & IlIsMlsSr\L oF RBGULAR EMPLOYEES... - I6 - PBRSONNBL FTLBS -17 - -17 - -17- 25. SIIECIAL Ptt()VISIONS............. 76, CONCERTEDACTIYITIES............... 27. NO LOCKOTIT 28. RIGHTS 29. EFFECT OF AGREEMENT 30. MODIT'tCATloN..... 3I. TOTALAGIIEBMENT,............ 32. SEPARABILITY OF T}ROVISIONS.. .... - 20 - 2A- 33. TER]VT -19- -t9- -19- -19- -20 - -24 - -21 - _)) _ SII}E LY,TTER slDE LETTER .......... - 26 - MT]MORANDUM OF UNDERSTANDING I}ETWEEN TEAMSTERS LOCAL 856 AND TIIE CITY OF BURLINGAME JANUARY 1,2016- IIECEMBER 31,2018 'l'eamsters Local 856 and representatives of the City of Burlingame have met and confened in good faith regarding u'ages, hours and other terms and conditicns of employment of ernployees in the representation unit listed in Section l, have lieely exchanged information, opinions and proposals and have endeavored to reach agreement on all matters relating to the employment conditions and employer-employee relations of such employees. '[his Memorandum of LJnderstanding is entered into pursilant to the Meyers-Milias-Bror,vn Act and has been jointly prepared by the parties. I. RECOGNITION Teamsters Local 856, hereinafler refened to as the "Union"-. is recognized as the majority representative? as provided in the City's Employer-Employee Relations Ordinance. for all employees assigned to the tbllowing classifications: Commurications Dispatcher I Communications Dispatcher II 2. UNION DIIES AND RIGHTS 'l'he Union shall be entitled to have their regular dues of its members deducted frorn their paychecks, in accordance ra,ith the procedures set forth herein. Bargaining unit members shall be entilled to have dues deducted by tilling out, signing and filing rvith the City an authorization fomr provided by the Union Any employee who signs such an authorization shall not revoke such authorization during the term of this Memorandum, except during the following tinre periods: l{is/her lirst thirty (30) calendar days of employmentl Ihe lirst thirty (30) calendar days following approval of this Memorandum of Understanding by Clity Council; 'I'he thirty (30) calcndar day period betu,een ninety (90) calendar days and sixty (60) catendar days preceding the expiration of this Memorandum of Understemding. Revocation during saicl period shall be by a wlitten signcd staterncnt furnishecl by the Union. 'l-he employee's eamings must be rrgularly sullicient after other legal and requircd deductions are made to cover the amount of the dues check-oll autirorized When a rnember is irr good stending of the Unioa and is in a non-pay status for the pay period when hisArer dues would normally be ,uvithheld, no dues withholding will attaeh to I'uture eamings nor will the nrember he required to deposit the amount r,vith the City r.vliich would have been withheld il'the mentber city of Burlingame - r*rrnr,*Jrieso 1t1t2016 - 12131t2018 o a , i , , had been in a pay status during that period. ln the case of an employee u,ho is in a non-pay status during only a part of rhe pay period and the salary is not sulficient to cover the full withholding, no deduction shall be made. In this connection, all other legal and required deduction(s) shall be made. In this corurection, all other legal and required deductions have priority over [Jnion dues. Dues withheld by the City shall be transmitted monthly to the officer designated in writing by the Union as the person authorized to receive the funds, at the address specified. 'fhe Union shall indemnify, defend. and hold the City harmless agairrst zury claims made and against any suit instituted against the City on account of check-ofT of employee organiuration dues, In addition, the Union shall refund to the City any amounts paid to it in error upon presentationofsupportingevidence.Inthe event the City tirils to collect an employee's lJnion dues, the City shall transmit delinquent dues to the Union collected from frrture employee payroll deductions. The lJnion may, with the prior approval ot'the City Manager or his/]rer designee, use City facilities lor meetings of City employees represented by the Union provided space is available, and provicled further such rneetings are not used for organizational activities or membership drives of City employees. Thc use of City equipment other than items normally used in the conduct of business meetings, such as desks, chairs, chalk and blackboards, is strictly prohibited, the presence of such ec;uipment in approved City facilities notlvithstanding. The Union may use portions of City bulletin boards to post Union materials under the fbllowing conditions: All materials must receive the approval of the Poliee Chief or his&er designee in charge of the department bulletin board for confonnance with this section. All rnaterials must be dated and must identifu the organization that published thcml The City reserves the right to determine r,vhere bulletin boards shall be placed Any bargaining unit member who is directed to attend a meeting at which onc of the issues is the proposed discipline of saicl employee shall be entitled to Union representation at such mceting; provided, such representation shall include no lnore than one City cmployee in addition to the ernployee being disciplined. 'l'he limitations of this Section shall apply to employees on paid rclcase time and not to Urriorr staff for rvitnesses who may be neccssary to the meeting. 3. ACCESS RTGHTS Reas<lnable access to employee rvork locations shall be granted officers of'the LJnion and their ollicially <Iesignated representatives, for the purpose of contacting members of the bargaining runit conceming business within the scope of reprcsentation. Such officers or representatives shall not enter arry work locatiorr r.vithout the consent of the Police Chief or his/her designee. Access shall be restricted so as not to interf'cre with the ronnal operations of thc dcpartment or r.vith cstablished security rcquircmerrts. -2- City of Burlingame - Teamsters L856 1nlZA16 - 1213112018 a a a Solicitation of membership and activities concerned with the intemal management of an employee organization such as collecting dues, campaigning for o{fice. conducting elections and distributing literature shall not be conducted during work hours. The Union shall designate in writing to the City Manager or his/her designee the names of the Union olficers and representatives within thirty (30) days of any change in olficer:s or representatives. 4. NO DISCRTMINATION 'l'he City agrees not to discriminate against any employee because of membership in the Union or because of any activities on behalf of the Union. Union activities shall not interfere with the normal operation of the City. Neither the City nor the Union shall discriminate for or against any employee or applicant for employment on account of race, color, creed, national origin, age, sex, sexual orientatisn or physical or mental disability which does not prevent an employee from meeting the minimum job standards established. 5. ADVANCE, NOTICE Except in cases of emergency, the Union shall be given reasonable advance qryitten notice of any ordinance, resolution, rule or regulation directly relating to matters within the scope of representation proposed to be adopted by the City and shall be given the opportunity to meet anel confur with management representatives prior to adoption. 6. SALAITY PI,AN AND I'REMIUM PAYS 6.1 Salary Increases:. Ef{bctive the first payrolI period in January 2015, salaries for the represented classifications shall be increased by 3.0%; however. 1.0% of the 3.0% salary inerease shall ofltet the City's cost of medicalpremiums, such that the actual increase to hase salary shall be 2.{}%.. Ilflbctive the first payroll period in January 2016, salaries for the represented classifications shall be increasedby 3.A%., Effe ctivc the first payroll period in January 201 7, salaries tbr the re pre sented classifications shall be increased by 3.0%.. Efl'ective the frrst payrollpcriod in January 2018, salaries l'or the represcnted classif ications shall be increased by 3.0%. 6.2 Premium Pays rvill be provieled as fbliows: The City will provide a 5% premium pay differential to employecs designatecl as bi- tingual service providers. Such designation will be pursrntrt to the City's Adrninistrative Procedure #4.28.1, While assigned to active training of a new dispatcher. Commrurications Dispatchers shall receivc an 1&.75o/o differential, 'l"lrc City *'ill provide a SYo premium pa-v diiferential to trn employee ,*'hcl earns and sr.rbmits eviderice of an lntermediate POST certiltcate and a7%o premiutn dilfbrcntial to an employee rvho earns an Advanced POST certificate. Tlte prerniurn differcntial -3- City of Burlingame - Teamsters 1856 11112016 - 1213112018 I payments will become effbctive receipt of appropriate evidence by the City $hift Difl"erential: 1. Employees will receive a 6% shift diffbrential if their entire assigned shift schedule falls between the hours of 1500 (3:00 PM) and 0700 (7:00 AM). 2. Ilmployees are eligible to receive double-time rvhen working alone for more than thift), (30) minutes between 1100 (11:00 AM) and 0300 (3:00 Alr4), cxcluding normal I unclr/dinner breaks. 3. New employees in training are eligible to receive the shili dilferentials listed above only when their training period has been concluded. Courl Pay: Any represented employee who is required to be in court on off-duty time as part of his/her job cluties shall be entitled to pay at the rate of time and one-half {l %) for all court tirne with a nrinimum entitlement of three (3.0) hours at time and one-half {l yr). ln addition, such employee shall be entitled to a marimum of one (1) hour of total travel time at tirne and one-half {l %) tbr such court appearance, unless the employee utilizes a City vehicle to travel to court. lt is understood that a represented employee *'ho is required to appear in court dtrring hi#her shift and who is required to stay beyond the end of his/her shifl, shall be entitled to pay at the rate of time and one-half (l %), but shall not be entitled to any minimunr number of hours or to any travel time. Sala-f.v Appointrnenl and Advancernent; The salary for a new employec entering City employment shall be the minimum salary step lbr the classifieation ta rvhich the employee is appointed unless the City determines that appointment to another step is in the best inlerests of the sen ice. Regular employees serving in regular established positions shall bc advanced to the next higher salary step for their respective classil'rcations, upon satisfactory evaluation, after completion of one (1) year of full time seruice i:r each ol'the salary steps 1'or the classification upon the anniversary of the employee's appointment date or revised salary anniversary date. The Police Chief may grant an early step increase after completion ol six (6) months in a classification subjcct to City Manager approval. Cranting an early step increase may result in a revised salary anniversary date for frtture step increases. Salary range acljustments for a classitication will not sct a new salary anniversary date for cmployees serving in that classification. Whenever the schedule of compensation Ibr a classilication is revised, each incumbent in a position to rvhich the rcvised schedule applies shall be paid at the same step in the revised range as the step at which the employee 'was paid in the previous range. 7. DAYS AND HOURS OF WORK Work Schedule: Dispatchers are assigned to work a schedule of 8, 10, or 12 hour shifts. Monthly dispatch schedules will be posted one (l) month in advance, between the first and the -4- City of Burlingame * Teamsters LB56 11112016 - 12lynA18 6.3 6.4 6.5 a a 7.1 , , lifth day of the designated posting month. shift Bid: 'ft * n,tt ti*e dispatcher rvith the rnost seniority will bict first and this will continue until the least senior full time dispatcher has completed their bid. Shift bids will be posted twice per year, no later than May I and November I of each year. 7.3 Overtime De ftnition: Overtime is authorized time worked in excess of an employee's normal daily work schedule. Overtime shall be compensated at one and one-half (l-112) times the employee's regular rate of pay for every hour of overtirne rvorted. Overtime witl be offered in order tiom the most senior dispatcher to the least senior dispatcher. Per Dienr dispatchers rvill be assigned remaining overtime slots only after this process has been completed. If necessary to mandate overtime, such overtime will be assigned in order from the least senior dispatcher to the most senior dispatcher. 7.3 e-oup,erlsatsrv Turr Qff: Compensatory Time Offshall be allowed to accrue to a maximum of 160 hours. Mandatory Overtime: Should an employee be mandated to rvork in an overtime situation, the employee shall be compensated at one and one half ( I %) times the employee's regular rate of pay. 7.5 Call Back: Aa employee recalled to work outside of and not continuous with regularly scheduled hours shall be paid a minimum of four (4) hours at the rate of one and one-half (l-ll2) times the employee's regular rate of pay, Work may be provided firr the employee during this four-hour time period. 8. HOLIDAYS I'he holidays to bc observed are as lbllows: 7.2 7.4 New YeaCs Day I-incoln's Ilirthday Washington's Birthday Memorial Day Independence Day Labor Day Admission Day Colunbus Day Vetcran's Day ?hanksgiving Day Day after lhanksgiving Christmas Eve Christmas Day Nelv Year's live Day January I February 12 Third Monday in February Last Monday in May July 4 First Monclay in September September 9 Second Monday in October November l1 Fourth Thursday in November Friday in November December 24 December 25 I)ecemtrer 3l -5- City of Burlingame * Teamsters 1856 11112016 - 1213112018 t 2 1 , When approved by the City Council. holidays shall also include every day proclaimed by the President of the lJnited States or the Governor of Califbrnia, as a public holiday and every day declared as a national day of mourning or special day. When a holiday falls on Sunday, the following Monday shall be obsened. If the holiday falls on Saturday, the previous Friday shall be observed. 8.1 Hpliday Pay_: Iimployees will receivs 112 hours of holiday pay per year. Efflective the first pay period after adoption of this contract (April20l6), the City agrees to pay out holiday pay over 26 pay periods. I-loliday pay will be calculated by converting the number of designated holidays in a calendar year to lrours and multiplying that number by the employee's hourly rate. l'he figure derived will be divided by 26 pay periods. 8.2 Mandatory Overtirne on Holidays: Double time will be paid to personnel w'ho work on New Year's Day, July 4tl', 'Ihanksgiving and Christmas. 9. VACATION 9.1 Vacation Eligibility: Employees shall be entitled to annual vacalion leavc with pay as it is accrued 9.2 Vacalion Schedule: Anniversary Date Days Per Year Hours Per Pay period Hire to 4tn It)3.08 5tn 15 4.62 lOtn 16 4.93 I lt"17 5.24 l2'h l8 5.54 l3tn r9 5.85 14r"2A 6.16 l5tu 21 6.47 l6tn 22 6.78 t't"'23 7.09 25"'a,lL1 7.39 On an employee's 5th anniversary date of ernployrnent with the City of Burlingame, the employee rvill receive a one-time allotment ol'40 hours ol'r,acation in his/her vacation accrual bank. 9,3 Vacation Accum urlation Eamed vacation time may be accumulated to a maximum of mro (2) times the employee's annual accrual. One time in a calendar year (January * December), an cmployce r.vho has reached the mariimnm vacation accrual may request to be paid-out 40 hours of accnred vacation time subject to the approval of the Police Chiel. -6- Clty of Burlingame * Teamsters LB56 11112016 - 12131ruA18 9,4 Vacation Durins l.eave of Absence: An employee who is on leave of absence without pay shall not accrue vacation leave benefits. 9.5 Vacation Scheduling: Vacations r.vill be scheduled once per year. 'fhe vacation bid for the fbllowing calendar ycar will bc posted no later than November I of the prior year. Vacation bidding shall be conducted in the order of seniority u:ith the lirll-tirne dispatcher rvith the most seniority bidding first and 'uvill continue until the least senior full-time dispatcher has completed her/his vacation bid. Dispatchers will be allorved to modily scheduled vacatian days if an opening exists on the vacation schedule, provided that the Administrative Sergeant is given notice at least seventy tr.vo (72) hours in advance of such proposed change. I(}. TUITIONITEIMBUITSIII\TE,NT Ernployees in this unit are eligible for professional development ancl tuition reimbursetnent per the terms of the City's Administrative Procedure 4.13 - Job Related'lraining of lJmployees at City Expense. I I. SICK LBAVE 11.1 Sick Leave Defined: Sick i,eal,e is absence irom duty with pay becatne of an employee's illness or injury; or to attend medical. dental, or optical examinations or treatments for the employee; or to care for an immediate family member lvho is ill and requires the cmployee's care. Sick leave shall not be considered as a right that an employee may use at hisiher discrction, but shall be allowed in case of necessity and actual personal or immediate family illness. 11.2 Sick Leaye AccryalJ'lired Prior to January 1.2015: All full tirne regular and probationary members shall accruc sick leave at the rate of 4.62 hours per bi-r,veekly pay period to a maximum of 2,000 hours. An employee who is on paid leave shall continue to eam sick leave crBdit. An ernplol,ee r,vho is on leave without pay shall not accme sick leave credit. Sick leave shall accrue during an absence that is a rcsult of occupational disability resulting ti'om ernployer service. Sick l.,eave Accrual for Employees Llired Qn or after Jantrar-Y I . 20 I 5: All full time regulal and probationary menlbers shall accrue sick leave at the ratc of 3.69 hours per hi-weekly pay period 1o a maxirnum of 2,000 hours. An employee who is on paid leave shall continue to earn sick leave credit. An employee lvho is on leave rvithout pay shall not accrue sick leave credit. Sick leave shall accrue during an absence that is a result of cccupational disability resulting from employer scrvice. -7 - City of Burlingame - Teamsters 1856 1finA16 - 1213112018 1 I 1.3 Ma,ximurn Sick l"eave Ac-cr-ual: Sick [,eave with pay shall be granted to all full-time regular and probationar,v employees to a maximum of 2.000 hours. , I 1.4 Notification of Sickness: Sick leave reporting will be in conlbrmance with the Department's Policy Manual. I 1.5 Sick Leave Monitoring Proeram: The record keeping to determine sick days used will be frorn January I to December 3l of each year. Sick leave monitoring will be in accordance with the Department's standard operating procedures. 11.6 Sick Leave for Care of Family: An employee shall be able to use up to 48 hours sick leave with pay per calcndar year when illness of a member of the employee's immediate family necessitates such absence. 'l'he immediate farnily shall consist of spouse, domestic partner, child, stepchild, parents, grandparents and sibl ings. ll.7 Sick Leave Upon Retirement: If an employee elects to be paid off for accrued sick leave he/she will be paid according to the following schedule: All Hours Between:Pay out: 0000 - 0600 25% will be paid out or 150 hours maximum payout 0600 * 1200 35% or 210 hours maximum payout 1200 - 1560 1 56 I -2000 50% or 180 hours maximum payout Not eligible fbr payout Llnder this program lhe maximwn anrounl of hours that v,ill be paid out i.s 540 hours. 1 1.8 Sick l.eave Conversion: Employees can elect to have all sick leave hours converted to CaIPERS credible service per CC Section 20965. lf an employee elects to have sick leave hours paid out per Section 11.8, the rernaining sick leave balance not paid out is eligible fbr conversion to credible service per GC Section 20965. The ma:<imum available for conversion after payout is 2080 hours. Any sick leave hours paid out at retirement are not eligiblc for conversion. 11.9 Modilied Duty: Employee on sick leave may request to be assigned to modified duty per the terms ol' the City's Administrative Procedure 4.29 - Modified Duty. I l.l0 Catastrophic Illness or Injury l-eave/Provisions: Ernployees may donate sick leave pcr the tcrms of the City's Administrative Procedure 4.27 - Catastrophic Illness. 12. LEAVES OF AI}SENCE l2,l Industrial Disability Leave: Industrial disability leave means the absence liom duty of an employee because of work-incuned illness or bodily injury when such abscnce has been accepted lbr coverage under the provisions of the Worker's Conrpensation laws of the State of Califi:mia. Disability leave shall be in accoldance with tlrcprovisions of the workers' compensation lalvs of the State of Calitbrnia a:rd the benefits and allowance provided under it, except as specifically provided herein. -8- City of Burlingame - Teamsters 1856 11112016 - 1213112018 l2.l .l Conditions and Duration of [,eave: For days o1'absence as a result of illness or injury arising out of and in the course o{'an employee's assigned tluties and ttu'ough no fault of his/her own, an employee shall receive disability pay for one (l) year to the extent that his/her loss of earnings is not covered by the benefits granted under the provisions of the workers' compensation laws of the State of Califbrnia, unless he/she is terminated earlier. The total amoLult received from Workers' Compensation benefits and disability pay shall not exceed eighty percent (80%) of the employee's regular rate of pay. 'I'he City ,,vill notify the employee that he/she has the option of using accumulated sick lcave to pay the residual, and unless the employee notifies the City othcrwise, the residr.ral will be paid by use ol accumulated sick leave until such time as accumulated sick leave is exhausted. 12.1.2 ModiliqdDuty while on Industrial Disability Leayql Employees who are on industrial clisability leave may be assigned by the City to rnoditied duty per the tenns of the City's Administrative Procedure 4.29.1 * Modified Duty. 12.2 Militaq.v Leave$-o-f Absqnce: In addition to the leaves of absence herein provided for members of the classificd service, those employees in such service who are members of the National Guard ar Reserve Corps in the federal furny, Navy, Air Force, Marine or Coast Guard Service shall be entitled to leaves of absence authorized and provided by the military and veterarx' code of the State of Califomia, and in addition thereto shall be entitled to the rights and privileges authorized hy said military and veterans' code rvith respect to stattrs and re-employment. l?.3 Other Leaves of Absence With or Without Pa),: The City Manager may, fbr good cause, grant other leaves of absence with or without pay f'or up to one (l) year. 12.4 Ju{y Duty [,eave: Iivery flll+imc employee of the City rvho is called and required to serve as a trialjuror. shall be entitled to jury duty leave during the period of such service or while necessarily being present in eourt as a result of such call. Under such circumstances, the enrployee shall be paid his/trer full salary and shall reimburse the City any payments received, except for travel pay. 12.5 Absence Without Oftlcial Leave (AWOL) Failure on the part of any employee, to report to duty at his4rer regularly scheduled starting tir:re shall be considered absence without official leavc and may be cause fbr disciplinary action. 12.6 BereavementLcave: In the event ol a dcath in the immediate family or a menrber of the household of an employee, absencc from duty shall not exceed three (3) r,vork clays. In the event of the dcath of a relative not a member of the immediate farnily, absence from duty shall not exceed one (l) clay. Such trbsences shall not be charged to sick leave. In the event of -9- City of Burlingame - Teamsters LB56 111t2016 - 1213112018 the death of a non-family member, an employee shall be allelved to uss vaeation or CTO. I;or the purposes of this section, "immediale family" means parent, step fhther, step mother, spouse, domestic partRer, chilel. step soa, step daughter, sitrling" grandparents, mother-inl aw, 0r father-in-law. 1?.7 f;amilliMedi-calj-saye; 'lhe City witl provide Fanrily Medical Leave of up to twelve (12) weeks per twelve {12) month period in accordance rvith ti:e Farnily Medieal l.eave Act (FML,A) and Califomia Family ftiglrts Act (CFRA] when serious illness of the employce or a member of the employee's imr*ediate tamily necessitates such absence. Family Medical Leave will be administered in accordance with the Citv's Administrative Procedure 4.25.1- 13, GRIEYANCT PROCENURB 13.1 D"*{irrtials; "D&y$" as used herein shall be days when the City Eall of the eity of Burlingame is ope* for business. "Grievance" is a written allegation by a unit employee, submitted as herein specified, *lairr'ingvieilation(s) of the specific expr*ss terms of this Agreement fbr which there is rio Civil Service or other speeific method of review provided by City law. "(irievaRt" is an individual employee or employee organization adversely affected by any dispute over the interpretation or applicatian of any provision of this Memorardum af Understanding. 13,2 $tepu S,t_ep i; -l-he grieva*t shatl discuss the grievance witl"r his/her irmlediate supervisor r,vithin fifteen (15) days of actual or constructive knowledge of the existence of the grievance, If the issue is not resolved, the grievant shall be entitled to proeeed to Step 2. Step 2: Within ten (i0) days of the conclusion of the Step 1 meeting, the gr-ievant shall request a meeling ivith the division commander. If the issue is not resolvecl, the grievant shall be entitled to proceed to Step 3, $teB 3; Within ten (10) days of the conclusion of thc Step 2 meeting, the grievant shall file *'ith the Police Cldef'a written grievance on the agreed upon form, which is attached as "Appendix A," setting forth the following: Name Classification ,lection or sections af the MOU allegediy violated Rernedy sought Within ten i10) days of receipt of the writter: grievurce, the Police Chiet'will meet rvith the grievant and Fns/h* representative ts attempt lo rcach a satisfhctory resolulion. -10- City of Burlingame - Teamsters 1856 111ftA16 - 12l31nA1B Step 4: If the grievance remains unresolved at Steps I , 2, and 3 , it may be appealed to the City Manager within ten (10) days of the conclusion of the rneeting described in Step 3. Said appeal shall be in the form of a written request to proceed to Step 4. along lvith the written grievance. 1'he City Manager shali respond to the gdevance within ten (10) days of receipt of thc written appeal. The determination of the City Manager shall be final, except as provided in Step 5. Step 5: (a) If not satisfied with the decision at Step 4, the grievant, within five (5) days afier receipt of the Step 4 responser may request in writing that the Union submit the grievance to advisory arbitration. Within ten (10) days of the grievant's receipt of the decision at Step 4, the Union shall inform the City of its intent as to whether or not the grievance will be arbitrated, Should the Union deem that the grievance not be continued as a llnion grievance, it shall so inform the City w'ithin ten (10) days. I'his shall not preclude an individual grievant liom pursuing the arbitration procedure, as provided below. {b) The Union or individual grievant, by r,vritten notice to the City Manager rvithin fifteen (15) days of the Step 4 response, may submit a grievance to an arbitrator who shall be selected by mutual agrcement. If no agreement c:ur be reached within five (5) days of the notice, the parties shall request of the State Mediation Conciliation Service (SMCS) a list of five (5) names of persons experienced in hearing grievances. Iiach party shall alternately strike a name until only one name remains. 'fhc ordcr of strike shall be determined by lot. (c) ln each dispute, the arbitrator shall, as soon as possible, hear evidence and render a decision on the issue(s) submitted. If the parties cannot agree upon a submission agreement, the arbitrator shall determine the issue(s) by referring to the r,witten grievance and the ans\lers thereto at each step. Alter the hearing, and after both parties have been given the opportunity to make written argrrnlents, the arbitrator shall submit, in lvriting, hjs,&er findings and a"vard to the Uniori and the City. (d) The award of the arbitrator shall be advisory to the City Manager (e) The arbitrator will have no polver to add to, subtract frotn, or modify the terms of the Agreement or the rvritten policies, rules, regttlations and proccdures of the City; nor shall the arbitrator be empowered to render a clecision on issues not befbre the arbitrator or on thcts not supportcd by the evidence. (f) The fees and expenses of the arbitrator and each hearing shall be borne eqr.rally by the City and the Union; or if an individual purslles arbitration without the Union's consent, said individual shall share cqually in the cost with the City. All other expenses shall be bome by the party incurring them. (g) If any question adses regarding tlie arbitrability of a grievance. the pafty raisirrg the question of arbitrabilit-v may, upon request, have such question first mled upon and decided by an arbitrator prior to any other hearing on the merits of tlie grievance that rvould thereafter be condueted kry a seconcl and cliffcrcnt arbitrator. The selection of the arbitrator rvill be as ilescribed in section 13.2 -11- City of Burlingame * Teamsters LB56 11112016 - 1213112A18 step 5 (b) above. The fees and expenses of the separate arbitrator deciding the issue or arbitrability shall be borne by the parly that raised the question of arbitrability. 13.3 F+ilure t_o_ Pursue: Any failure by a grievant to pursue his,trer grievance to the next step rvithin the time lirnits shall be a voluntary abandonment of the grievance and the grievant shall not thereafier be entitled to pursue said grievance. The grievance will be deemed settled. Any failure by the City to respond within the tirne limits set fbrth shall entitle the grievant to pursue his/her grievance to the next step. By mutual written consent by both the City and grievant, an extension can be granted for any slep in the grievance process. 13.4 Represettation: A grievant shall bc entitled to be represented by his/her Union and/or his/her attorney at any grievance meeting or discussion described in any one (l) of tJre steps of the grievance procedure; provided, how'ever, in no event shall rnore than one (l) City employee, in addition to the grievant, attend such grievance meetings as representative. The limitations of this Section shall apply to employees on paid release tirne ancl not to Union staffor witnesses who may be neccssary to the grievance. Neither the grievant n*r his/lter representative shall suffbr loss of pay fbr attending the meetings described in the steps of the grievance procedure. Except lcr grievance meetings described in the steps of the grieva:rce procedure, neither grievant nor any representative of the grievant shall be entitled to use regular work tirne to process the grievance. 13.5 Other Procedures: The grievance procedure set forth herein shall supersecle and replace any other grievance or appeal proceclures otherwise available to represented employees and are deemed suftjcient to satisly procedural due process requirements tbr such hearings and/or appeals. Nothing contained herein to the gricvance procedure shall apply to employee disciplinary matters. L4. HEALTH AND WELT'AITE 14.1 Mcdical: I 4. I . I Convcrsion to-Flsxiblg-Bqnefits Plan: Under the Flexiblc lJenefit Plan the City's rnonthly contribution to PERS to provide health insurance benefits for the individual employee ancl the employee's eligible depcrrdents shall be One flundred and Twenty-live Dollars ($125) per rnonth effective January 1,2016-4 and shall adjust in accorclance with the Minimum Employer Contribution (MllC) established by the Public Employees Medicaland Hospital Carc Act. In addition. the City shall ollbr an Internal Revenue Code Section 125 Plan that contains the conrl:onents of benefit allowance, prcntium conversion. _12- City of Burlingame - Teamsters L856 111t2A16 - 1213112A18 health care reimbursement aocount- and dependent care reimbursement account. fhe City shall contribute the below listed amounts per month towards the employee's Sectiol 125 Plan benefit allowance. All amounts listed below included the Minimum Employer Contribution (MEC). Employee Only - Up to the Blue Shield HMO rate for emplol,ee only. I'imployee plus one - [Jp to the Blue Shield rate for employee plus one. Employee plus two or more - Up to the Kaiser Farnily rate An employee may use any such benefit allowance toward the cost of employer-provided PERS Health insurance for the employee and eligible dependents. An ernployee may not use the benefit allorvance tbr other reasons. Any Employee that enrolls in a Medical Plan that has a higher prcmium than the City's contribution, as stated above, will pay the difl'erence via pre-tax payroll deductions. No pt.AN - Effective January 1,2015. any Employee that demonstrates they have rnedical insurance from another service will receive'I'hree Hundred and Fifty Dollars ($350) per month in lieu of Medical Bencfits. 'rhe Three Hundred and Fifty Dollars ($350) per month may be put into a Deferrecl Compensation plan, Section 125 Plan, or taken in cash. Any cash payment is sutrject to normal taxation. 1 4.1 .2 Retiree Medical: Retiree Medical for Emplo.yees I{ired Prior to March 31. 2008: Effective December l, 2015, employees hired prior to March 3 l. 2008, who retire from the City, lvill receive a retiree medical benefit in accordance rvith the following: o For eligible retirees rvho are undcr the age of 65, the City contribution will be equivalent to the prerniurn for the Blue Shield Bay Area Region Single, Blue Shield Bay Area Regional 'l'wo-party, or Kaiser Bay Area Regional Family coverage as applicable. a I.'or eligible retirees who are 65 years of age or older and enrolled in Medicarc, the City contribution rvill be equivalent to the premium for the average of Kaiser, Blue Shield HMO and PERS Choice lbr the Bay Area l{egion Single,'['wo-Party, or Ilamily Medicare coverage as applicable, If the Blue Shield I"IMO is not availatrle, the United Flealthcare rlMo shall be substituted r.vhen calculating the average. I'he City will implement an lrrevocable'I'rust ftrr all new contributions torvards the City's GASB 45 obligations. a Iimployees hired prior to the effective date of the 2.5Yo at 55 retirement fbrmula who retire i.vith a mininrunr of five (5) years o1'service with the City will receive a retiree rnedical benefit equivalent to the arRount necessary lbr , 13 - City of Burlingame - Teamsters L856 1t1120i6 - 12131t2018 I actual enrollinent in single, r$,o-pafiy, or family coverage. up to a n:aximum dollar amouRt of the Kaiser tamily premium rate. Ernplayees hired on or after the eft-ective date of the 2.5Yo ar.55 retirement fbrmula will receive a retiree medieal beneiit based on years of scrl'ice with the City as follorvs: r 0-9 years cf service : minimum monthly amount as gol,erRed by the CaIPERS llealth System. . 10 years of service = ail afi1oiln: equal to 10S% of employee only lor.vest cost premium r 15 years of service: an amount equal ts 750/a of employee + 1 lowest cost premium t 2A years of service z an'dmoufit eqral to 100% of employee * 1 lawest cost premiurn Employees hired on or after Aagast t5, 2011 shall receive the following cantributions tc a Retirement Health Saving Account, baseel on years of service r,vith the City, in lieu of the Retiree Medical Benet-its in Section 14.1.2 Retiree Medical. Years of Service Monthly Contribution 0- to the enel of the 5th year cf service *,a% 6 vears of service to the end ot' the I gtlt !'car of ser,,'ice 2.$Ys af the lloiice Officer Classification 20 years ofservice or ntore 2.5t/a of the Police 0lficer Classification ,4.2 Denbl: Er:rptcyees have the option to enroll in the CiS's dental reimbursement plan, Del:a Dental plan, or the Teamsters Health and Welfure plan for der:tal coverage. Efibctive January 1, 2AA7, the City's rnaximurn contribution for the sapplernental trenefit for Teamster }-lealth and Welfare plan is flne Hundred Sixty-six Dollars and Seventy-one Cents (fi166.71) per month. Eff'ective January I't of each year of the &IOU, the City agrees to increase the monthly supplemental benefit contribution by the change in the San Francisco-Oakland-San Jose CoRsumer Price Index fi:r lJrban Wage Eamers and Clericai Workers (trom April I't of the prior year to April ltt of'the curent year.) 14,3 Yrsion: The trJnion will continue vision coverage r:nder the City's selt'-insured vision reimbt"rsement plarr, 14.4 Lifb lrsulaace: I'he City provicles life insurance coveragr nf $50,000 for members of the barg*ining unit. -14- City of Burlingame * Teamsters LB56 111120a6 - 1213112018 14.3 De{trredCornpensatioa: Futl time reglJr employees are eligible, subjeet to IRS regulati*ns and the tetms anel eonditions tl:ereol, t<: pwlrieipale in the delerred compensation plans rracle avau,lable t* all city employees. 'fhe City shallprovide a rnatching contribation of up to I;ofiy-five Dollars ($45i per pay period to an emplayee's deferred compensation accoilnt. 11. T]NIII-ORM AI,LO}YANCE ?,t{ecLive January 1,2005, the Citv pays a uaiform ailowance olEight Hurdred and Fiily Dollars ($850) per year per emplolcc, Unifbnn allorvance is paid on a sepalate paycheck. Ilor any employee who leaves prior tn the end of the l"rscal ycar in rvhich he/slle has received uniform allorvance pay, the amount shall be prorated basecl on the percentage of the ye*r worked, and the final paycheck adjusted accordiagly. '6. TROBATIONARY PERIOD AI1 originai appointments shall be subject to a probationary period of tr,l'elve (12) months of actual service llom lhe date of appointment as a Dispatcher. Upein satislhctory conipletion of such prcbationary period. emplcyees shall be appointed as regular employees. 'l'he City may extend the probationary period for an equal period of time in case ol'an absence of tlriny (30) days or more fbr exter,ded sick or accident leave. Employees may be suspended or separated fiom the City at any time during the probatir:nary period, except as otlrenvise provide<l by law. Allpromotional appointments shall be tentative and suhject to a probationary period of orre {1) year liora date of appointment, Upon satislactcry completion af such probationary period, employees shall be appoin:ed as regular emplol,ees. fur}, pnul* emplo,o-ee rejected during the probationary period tbllowing a promotianal appointment, or prior to the conclusion of the probationary pericd, shall be reinstated to the p<lsition fi'orn rvhich they were promcted unless conditions ra,'arrant their disrnissal. 11. LAYOFF'AND IIECALL Regular employees may be laid ofL without prejudice, due to lack of lunds or cu*ailmerrt of lvork. No en:ployeo may be separated rvhile there are temporaty ernployees serving in the same class or position in the City seruice, unless that etiployee has been ollerecl the temporary work. When the I'olice Chief is irrstructed by the Ciry' Manager to reduce the nsmber of employees, layofishallbe:nade in accorelance r,vith rhe feillowiag rules: Layolts shall be according tc reverse r:rrder of seniority as defincd by total Cit-r' service . -15- City of Burlingarne - Teamsters L856 1J112016 - 12lTl2a18 a An employee may demote or transfer to a vacant position lcr which he/she possesscs the necessary skills as determined by the minimum qualifications and job specilications lor the position. The narne of each employee laid off shall be entered on a Reemployment List in order of seniority for two (2) years. Fornrer employees appointed from a reemployrnent eligibility list shall be restored all rights accrued prior to being laid off, such as sick leave, vacation credits. and cre<lit fbr years of sen'ice. l{owever, such rcemployed employees shall not be eligible f'or benefits for rvhich they received compensation at the time of or subsequent to the date they were laid ofl. fhe City fi.rrther agrees to meet and contbr with the Union prior to said layoff concerning all ramitlcations of the proposed layoff. 18. DEMOTION, SUSPENSION AND DISMISSAI, OF ITEGT]LAR EMPLOYETJ,S 18.1 D_emotion: No regular ernployee shall be dernoted in grade or pay step tbr clisciplinary reasons rvithout just cause. and no employee shall be demoted to a position for which s/he does not possess the rninirnun qualifications. Written notice of dernotion shall be given by the Police Chief to the employee before the effective date of thc demotion. The employee shall be entitled to appeal the action in accordance with Section t 8.3 r:f this Agreement. 18.2 Suspension Without Pay: The Police Chief may suspend without pay an employee from her/his position at any time for disciplinary purposes. Suspension w'ithout pay shall not exceed thirty (30) calendal days without conlirmation by the City Manager. Such suspension shall be in accordance with applicable State and Federal laws. The employee shall bc entitled to appeal the action in accordance with Section 18.3 of this agreement. 18.3 Discharge: A regular employee may be discharged for just cause. Such discharge shall be in accordance rvith applicable State and F'ederal laws. 'lhe ernployee shall be entitled to appeal the action in accordance with Section 18.3 of this agreenrent. The Police Chiel'will issue a notice of Intended Discipline beforc susperlding lvithout pay, demoting or discharging an employee. Such notice will advise the employee of hisiher due process rights to a "Skelly" hearing. At the ernployee's reclucst, the Police Chief wilI conduct such a "Skelly'" hearing to consider any exonerating or nritigating evidcnce. Within five (5) business days trpon receipt of the Notice of Imposition of Discipline, thc employce, by written notice to the l'luman Resources Director, may request an appeal hearing be submittcd to an ad hoc review hoard. Business days are defined as days that City tlalt is open to the public. The ad hoc revier.v board shall be selected as follor+s: 'l'he Ciw shall select one _16_ City of Burlingame * Teamsters 1856 11112016 - 12lyn118 a a member, the employee shall select one member and the trvo members thus chosen will select a third impartial member from a llst supplied by the State Mediation Conciliation Service (SMCS) who will serve as Chair of the Board. SMCS will supply a list of five nzunes of persans experienced in disciplinary hearings. Each party shall altemately strike a name until one remains. The remaining panel member shall be the third member of the ad hoc review board. The order of the striking shall be determined by tot. The City r,vill pay the fees of the panel Chair selected from SMCS. The board shall, as soon as possible, hear and receive evidence and render a decision on the disciplinary action. Such a hearing will not be open to the public and will be recorded by a Courl Reporter paid for by the City. The disciplinary action can be upheld, modified, or rejected by the panel. lhe board's decision nill be explained in writing and any changes or modifications to the disciplinary action clearly explained. The decision by the board is advisory to the City Manager. The City Manager can adopt the proposed decision in its entirety; rejcct the proposed decision; retbr the case back to the panel to take additional evidence and then render a decision; or modify the deeision. I9. PERSONNEL FII,ES Each employee shall have the riglrt to inspect and revielv any record relating to his/her performance as an employee or to a grievance conceming the employee that is kept or maintained by the City in his&er personnel file. 'l-he eontents of such records shall be made available to the employee fbr inspection and review at reasonable time during the regular' business hours of the City. An employee shall receive a copy o1'any written reprimand or rvarning prior to it being placed in the employee's personnel file. "lhe City shall provide an opportunity for the employee to respond in writing, to any intbrmation about which he/she disagrees. Such response shall become a pennanent part of the employee's personnel record. The employee shall be responsible tbr providing any written response to be included as part of his/her pennanent personnel record. No information shall be placed in a personnel fi[e rvithout the knowledge of the employee. and prcferably should only be placed in the file along with the employee's signature and date. 20, IXI'TINSE REIMI}URSEMENT FOII CITY ITUSINESS If prior approval has been obtained from the Ciry, personal expenses incurrcd shall be reimbursed. These reimburscments shall be based on the most economical means of travel but if use of a personal auto is authorized, payment shall be at the same rate established by the iRS. Upon prior deparlment head authoriz-ation, the cost ol'ibod at rnectings shall be reimbursed. If recluired to stay overnight or nights, the City shall reirnburse the employee fbr all lodging and neccssary expenses, 21. SITNIOIU'TY Seniority begins on the tirst day of regular employment lvith the City of Burlingarne. Seniority -17- City of Burlingame - Teamsters LB56 11112016 - 1213112018 will be used to detennine shifi bid assignments, overEime coyerage, days olf and vacations. If an emplcyee is rehired alter separating service for more than six {6) months. the prior employmefi shall not be attributed for seniority Furposes tor shift bidding, overlime coverage, and time off seheduling. 'Ihe rehired emplayee's seniority dale for shift bidding- *vertime coverage and time ofTscheduling rvill be the date of rehire. 22, R"ESIGNATION tn order to leave the Department irr good standing" an employee shall li]e with the Palice Chief a written resignation. 'fhe r,lritten resignation must be submitted ,'vithin two (2) weeks ol sepalation and shall s:ate the elTective date and reasoRs for'leaving. Once the resignation has been acceptecl in writing by the Police Chiet, it shall be irrevocable. 23. REHIRE PROCEDT]RE Within a period of two (2') years of the etfective dale of his or her resignation. an entployee who resigns il gocd standing may be reinstated by the City Manager upon recommendation by the Police Chief to avacant position in the same classihcation as the position f'rom which the person resig:red. l"he Folice Chief will have a background check condueted to determine the fitness nf the former employee fcr rehiring. 'Ihe former er"r'rployee will also subrnil to a physical examinalion aad a psychoiogieal evaluation ta deterr-nine fitness for duty. If the Police Chief is satisfied with the results of the backgrounel check and the employee passes the physical examination and psychological ev*luation, the Police Chief will forr.vard the request for leiastatement to the City Manager for approval. If the former employee is rehired, the en:ployee shali be placed at the sarae salary step as the employee held when the employee resigned. As a condition of rehiring. the fbrmer employee will be required to undergo the training determined by the Chief of Poliee to be commensurate rvith the hnner employee's length of absence flnm City employment, Any former employee who left ernployment more than six (6) months before being rehired shall serve a probationary period of one ( I ) year as a condition of being rehired. lJpon successful completion of the probationary period, the emplayee's vacation and sick leave accnral yate on the effective date of'resignation plus the period ol- the prohationary period shall be reinstated. Upon successful completion of the probationary period, the emprloyee's sick leave balance as of the ettective date of resignation shall bc reinstatecl, unless the entployee received a pflyout ofsiek leave. No departrnental seniority f'or prior ernployment shall be attributed to any former employee rehired unless the ernployee is rehirerl r.vitliin six (6) months ol the efilctive clate cf lhe fomer enployee's resignation. - 1B - City of Buriingame .- Teamsters tB56 11112016 - 1213112415 24. RETIREMENT I'he City agrees to continue to maintain a contract lvith the Public linrployees' Retirement System (CaIPERS) to provide: Government Code Section 20042* One Year Final Compensation Government Code Section 21573 *Third level 1959 Surv'ivor Benefits Government Code Section 21624 - Post Retirement Sunivor Allowance Government Code SectionT}Z4 - Military Buy Back for Credible Service Govemment Code Section 20965 - Credit far Unused Sick Leave. Government Code Section 21548 * Pre-Retirement Optional Settlernent 2 Death Benefit Effective A3BU08, the Cify implemented the 23% at 55 retirement formula for miscel laneous employees. Classic cmployees shall pay 1.5 % of the City's contribution for thc CaIPERS retirement costs, Miscellaneous employees hired after January 1,2013, who are not considered "classic employees," shall receive the 2% @ 62 retirement benefit and are subject to the l'ublic Fimployees' Pension Reform Act (PEPRA) rules. PEPRA employees do not pay 1.5% of the eity's contribution for the CaIPEI{S retirement costs. The City shallprovide the deferral of retirement deductions by tRS 414(h) (2) All increases in the Employer's contribution rvill be bome by the City. SPECIAL PROVTSIONS Annual evaluations will be in accordance with the Department lr.4anual. CONCBITTBD ACTIYITIES It is agreed and understood that there rvill be no strike, lvork stoppage, slow do*,n or relbsal to perlorm job functions during the term of this Ag:reement. NO LOCKOUT The City agrees not to engage in any lockout durirrg the term of this Agreernent RIGHTS 28.1 City Rights: 'l'he City hereby relains and rcserv'es unto itsell; lvithout limitation, all porvers, rights, authority, duties ancl responsibilities conferred upon and vested in it by the Constitution of the United States, the Constitution of California. the laws of the United States, the laws of California, and tl're ordinanccs and resolutions of the City of Burlingame and shall be lirnited only by the express and specilic terms of the Memorundum of [Jndcrstanding. - 19 - City of Burlingame * Teamsters L856 11112016 - 12131t2018 ,E 26. 27. 28. 28.2 Employee ltiqhts: Nothing contained in this Memorandum of Underslanding shall prohibit the Union from meeting and conferring on matters within the scope of representation as provided by law. 'lhe City acknowledges the employees and the Union retain the ail rights under Section 3500 et. scq. of the Califomia Labor Code. 29. EFIIECT OT AGREEVIENT I'his Memorandum of lJnderstanding shall supersede arly prior Memoranda of Understanding, rules, regulations or ordinances in direct conflict r.vith the provisions hereof. 30. MODIFICATION There will be no alteration or modification of any provision corrtaincd in this Memorandum of Understanding without the rvritten consent of all parties hereto. 3I. TOTAL AGREEIVIENT 'l'his Memorandum of Understa:rding constitutes a full and complete agreement by the parties and contains all of the matters upon which the parties reached agreement. Any matter not contained in this Memorandum of lJnderstanding has not been agreed upon and, if raised in negotiations, was dropped by the party raising it as part of a good thith attempt to reach agteement. 32. SEPARABIT,ITY OF PROVISIONS Should any scction, clauses or provision of this Memorandum of Understanding be declared illegal by final judgnre nt of a court of competent j urisdiction, such invalidation of such section, clause or provision shall not invalidate the remaining portions hereof, and such remaining portions shall rernain in full force and ellbcl for the duration of this Memorandum of lJnderstanding, In the event cf such invalidation, the parties agree to meet and confer concerning substitute provisions fbr provisions rendered or declared illegal. _2A - City of Burlingame - Teamsters 1856 11112016 - 1213112018 .13. ',t'Utti\t lhctcrnrol'tlrisagrccnrcntshall lrcginort.lanuan'1.]0l6arrdcxpirconl)ccenrbcr.ll.l0ltl. t't,l,t\ls'l'l,ll{s l,(x',\1. 1156:('t'[\' (]r t]t [{l,tN( JANt t,.r l)atc:6/ tt he [ )atc:7_rs-r[ Peter Finn. Local 85(r Sectetan'/'l'reasurer l.csli(' l.oorttis. I luntatt I{csourccs [)irector (ilenn Rerkhc'inrer. {kR +I [.isa ( ioltLuun. ('it1 l\,lnnagcr' -21 - City of Burlrngame - Teamsters L856 11112016 - 1213112018 (r*t /*,^,a N L ltrt 1 Appendix A (Jrievancc Form CITY OT BURLTNCAME POLICE DEPAITTMENT GRIEVANCE FORM DEFINITION: A grievancc is defined section 13.1 in the current Memorandum of Understanding (MOU). Please check this definition befare filing a gricvance. A "w'orking day" is defincd as days rvhen the Cit1. Hall of the CiS of llurlingamc is open for business. Employee Name: Date filed with Supcrvisor: Date filcd rvith Union: Ilepartment: Specific clause(s) of the agrecment allegedly violated: Specific clauses: I ", 3. 4. 5 6. Staternent af Grievance: -22 - City of Burlingame - Teamsters LB56 11112016 - 1213112018 7. Rcmcdy rcqucstcd under this agrecmcnt: 8.Are you being representrd by another person or the Llnion on this matter? Ycs No If applicable, name of rcpresentative: Grievant's signature: Date: Cc: Human Ilesources Director -23- City of Burlingame * Teamsters L856 1nn116 - 1213112018 9. SIDE LETTER Iletween the Cig of Burlingame and Tcamsters Local 856 Regarding EMPLOYEE BENETITS COMMI"TEII PROPOSAL lVlission and Objectives The City of Burlingame's Employee Benefits Cornmittee will be established to bring insight and awareness of the varions benefits that the City offers its employees. The EBC will take a thoughtful and methodic approach that meets both the needs of ernployees and the City; as well as considering the financial impaets for both the City and employees. Thc primary objectives of the Committee are: Explore altemate health insurance plans and other benefits Contain the cost of the City of Iturlingame's Employee Benefit Plans Work together in the development and maintenance of a benel-rts package that is flexible and meets the needs of City employees. Work together in educating City employees about their current benefits package and any ehanges to the plans Work together in eliciting feedback from City employees regarding their benefits package. Scope The Committee shall act in an advisory only capacity. This Committee does not have decision making authority and is not a forum for collective bargaining. Any proposed benefits changes that result from the Cornmittee process will be presented to the City Manager's Office fbr consideration Any proposed benefits changes will be presented to the designated bargaining representatives in accordance w'ith the City's obligations under the relevant c<.rllective bargaining agreernents and state lar.v. The Comrnittec will be represented by tr,vo (2) members of each collective bargaining unit and employees of the l'luman Resources l)epartment. '['he Committee will meet as needed. Responsibilities of Comnrittee Mcmbcrs t I Comrnit to attending and pa*icipating in Cornmitlee meetings lixpress your thoughts and opinions in a group setting while respecting the thoughts and opinions of others. _24 _ City of Burlingame - Teamsters 1856 11112016 - 1213112018 t ( Itcprcscut lhe cotnnritlee to co-r.torkcrs hv sharirrg inlirrnration. ruising a\\arclrcss trlrd asking lirr t'ccdtrack ahout tlrc plan and raritlus bencfit issucs. Reprcscnt your co-workers to the comnrittec by convcying cluestions or issues raised lry your collcagucs. Make Comnrittec infornration available to Clity employecs through awareness and educ:ation. Guitlelines Attendance and participaliun are vital to thc proccss. Bc rcspcctthlof the thoughts and opiniorrs ol'othcrs. Avoid situations that nray constitute a conllict ol'intercst. Respect your coworker's right to confidentiality... lior the ('it1'lior'l'canrsters l,ocal 85(r [-rt-rb tu+ -gLilJC -l)atc I)atc -25 - City of Burlingame - Teamsters L856 11112016 - 1213112018 {o6ufut i sl t)t,. 1.1,,'t"t'l.tt Betrveen the City of Burlingamc and f'eamsters Local 856 I{egarding [.ead l)ispatcher I\,larch 28. l0l6 -l'hc ('it1'antl Local 856 shall nrcct rcgarding thc statusol'tltc polcntial crcatittrt ol'a [-ead [)ispatcltcr classilication. 'lhis mecting shalloccur rvithin 120 clays ol'adoption of thc M(X i. For thc ('it)F or'l'canrstcrs [,ocal 1156 L.t\-{6 6 /L [)irtc _26 - City of Burlingame - Teamsters L856 11112016 -'1213112018 I)atc -{4t f* ( STAFF REPORT AGENDANO: 10b MEETING DATE: June 20,2016 To:Honorable Mayor and City Gouncil Date: June 20,2016 From: Lisa K. Goldman, City Manager - (650) 558-7243 Subject: Approval of the Recommendation of Councilmembers Brownrigg and Golson for the Distribution of $45,000 in Additional Community Groups Funding RECOMMENDATION Staff recommends that the City Council approve the recommendation of Councilmembers Brownrigg and Colson for the distribution of $45,000 in one-time additional Community Groups Funding. BACKGROUND At the May 1 1, 2016 budget study session, the City Council agreed to provide $45,000 of additional Community Groups Funding for organizations dealing with affordable housing and economic distress. Councilmembers Michael Brownrigg and Donna Colson were appointed to a subcommittee to determine how to distribute these one{ime funds. DISCUSSION ln the attached memo, the subcommittee members recommend granting $25,000 to HIP Housing and $20,000 to CALL Primrose. The memo describes how these one-time funds will be used. FISCAL IMPACT The FY 2016-17 budget includes $45,000 in one{ime funding for this purpose Exhibit: o Memo from Councilmembers Brownrigg and Colson 1 i June 13, 2016 Memorandum for the Burlingame City Council From the Special Subcommittee on Housing Charity, Michael Brownrigg and Donna Colson SUBJECT: Recommendation for Deployment of 545,000 of Additional Community Group Funding in 2016 Per recent Council conversations, the Burlingame City Council is in agreement that (1) the budget for FY 2016h7 is healthier than expected; and (2) there is a brewing crisis of economic uncertainty within segments of our community. Given the important role that service agencies play in helping these segments of our community get by, whether with food or housing assistance, and the stress those agencies themselves are also under, the City Council decided at the May LL,2016 meeting to double the annual Community Groups Funding via a special one- time appropriation of 545,000. These funds are to be distributed to groups that are on the front line of these issues. The Mayor requested that this subcommittee report back with its recommendation of how to deploy the one-time funding. lnput from fellow Councilmembers at the May 11 meeting helped guide our thinking in this report, including the notions that the monies should be directed to those agencies focused on affordable housing and economic distress within our community; that the group(s) should be selected from our existing list of approved recipients; and that the funds should be concentrated so as to be meaningful. RECOMMENDATION The subcommittee recommends making a 525,000 special one-time grant to HIP Housing. The funds will be used mainly to help promote greater awareness of the opportunity for Burlingame homeowners to take in lodgers (shared housing program) and other HIP Housing outreach efforts principally in the City of Burlingame. Kate Comfort Harr, Executive Director of Human lnvestment Project (HlP) Housing, was both surprised and grateful, pointing out that HIP was not sure how it was going to fund this program and yet they believe it has the opportunity to bring many additional living options onto the market for individuals and small families of limited means. For more information on Home Sharing, see next page. The subcommittee recommends making a 520,000 special one-time grant to CALL Primrose (CALL). The funds would help CALL complete its interior remodeling, which it is undertaking so that it can provide more floor space to its food pantry and a better shopper experience. The remodel is also designed to improve workplace safety and efficiency. CALL Executive Director Terri Boesch and staffer Madalyn Friedman, with whom the subcommittee met, were deeply grateful for this opportunity. CALL has traditionally received a significant share of funding from its founding churches, and those resources are not able to keep up with spiking demand. The agency recently established itself as an independent 501(C)3 organization, and this capital will also help CALL expand its marketing and awareness campaigns within the larger Burlingame community. BACKGROUND ON AGENCIES CALL Primrose CALL is a non-profit corporation co-founded by Burlingame United Methodist Church and the First Presbyterian Church of Burlingame. CALL began in 1983 as a telephone information and referral service and has now evolved into a drop-in food pantry, providing grocery assistance and referral services information to families and individuals. CALL's services focus on low- income families and individuals (including seniors and those who are homeless). Headquartered in Burlingame, CALL now serves residents of San Bruno, Millbrae, Burlingame, San Mateo, Foster City, Hillsborough, Belmont, and San Carlos. Over the past 30 years, thousands of people in need have come to CALL for assistance. All requests are screened to determine and understand the need and to assist in the process of self- sufficiency. Funds and food donations are received from private foundations, businesses and service organizations, plus various Peninsula city grants. Additional support comes from schools, congregations and individuals within our community. CALL's administrative costs are kept very low to ensure that the financial help and support we receive will go a long way in helping others. ln addition to our small paid staff, we have many wonderfulvolunteers to help us assist others at the Center. HIP Housine Home Sharing is a living arrangement among two or more unrelated people. Home owners or renters (Home Providers) who have a residence with one or more bedrooms are matched with persons seeking housing (Home Seekers). There are two types of sharing arrangements: one in which the Home Seeker pays ren| the other in which the Home Seeker provides in-kind services in return for reduced rent. Home Providers must live in San Mateo County. Home Seekers must live, work or attend school in San Mateo County or have a housing voucher for San Mateo County. People who home share come from all walks of life... seniors, working persons, students, persons with disabilities, families, veterans, emancipated foster youth and others. HIP makes all the arrangements and referral checks. This gift will help HIP reach out to members of the Burlingame community to see if the supply of home shares might be expanded within our community, creating another option for residents facing housing pressure. HIP Housing's mission is to improve the housing and lives of people in our community. HIP Housing enables people with special needs, either from income or circumstance, to live independent, self-sufficient lives in decent, safe, low-cost homes. To achieve its mission, HIP Housing provides Home Sharing, Self-Sufficiency, and Property Development. STAFF REPORT AGENDA NO: 10c MEETING DATE: June 20,2016 To:Honorable Mayor and City Gouncil Date: June 20,2016 From:Lisa K. Goldman, City Manager - (650) 558-7243 Kathleen Kane, City Attorney - (650) 558-7204 Subject: Adoption of a Resolution Authorizing the City Manager to Execute an Agreement with the San Mateo Union High School District Regarding the Burlingame Aquatic Center at Burlingame High School RECOMMENDATION Staff recommends that the City Council adopt the attached Resolution authorizing the City Manager to Execute an Agreement with the San Mateo Union High School District (SMUHSD, the District) regarding the Burlingame Aquatic Center at Burlingame High School (BHS). BACKGROUND ln November 1997, the City and the District entered into an agreement to jointly fund the construction and ongoing repair, improvements, and operations of a new 25-yard pool at BHS. The agreement included terms regarding scheduling of the facility, maintenance, record keeping, and the distribution of costs, with the City paying 65%, plus 5% overhead, for all routine maintenance and operations, and the District paying the remaining 35%. The agreement describes non-routine maintenance (or capital expenditures) as "Extra Work" and notes, "lt is agreed that extra work falls outside the normal scope of this contract. CITY and DISTRICT must meet in good faith and negotiate how such extra work is to be performed and how any costs caused by such extra work shall be apportioned by the two parties." The term of the agreement is 25 years (ending November 19,2022), with an automatic five-year extension unless either party provides written notice six months in advance that they wish to review or terminate the agreement. ln August 1999, after an anonymous donor agreed to provide funding to upgrade the 25-yard pool facility into a S0-meter pool, the City and the District approved a first amendment to the original agreement. The amended agreement expanded the hours that the facility could be opened and various other changes. No changes were made to the cost allocation formula referenced or to the "Extra Work" provision or term of the agreement. Between the time the pool opened and 2011, the City operated the community programs at the pool, including recreational swimming, lap swimming, swim lessons, and fitness classes, and managed the scheduling. ln 2011, the City contracted with the Burlingame Aquatic Club (BAC) to 1 I Burl i ngame Aquatic Center Agreement June 20, 2016 operate these programs on the City's behalf. BAC was already managing competitive programs in adult and youth swimming and water polo at the pool. DISCUSSION The City and the District have been engaged in negotiations regarding a new agreement for the Burlingame Aquatic Center for the past several years. ln October 2015, the City Manager and the Superintendent reached agreement on a Term Sheet, which both the City Council and the District's Board of Trustees (the Board) approved that month. The Term Sheet was subsequently developed into the agreement that is before the City Council for approval. (The Board of Trustees will consider the agreement on June 23,2016.) The key provisions of the agreement are: The City will pay 780/o for maintenance and operating expenses, and the District will pay 22o/o. The City's share, which is higher than that paid under the prior agreement, is reflective of the City's/BAC's greater use of the facility. The pool is now sixteen years old and will require capital improvements. Last year, the District commissioned Aquatic Design Group (ADG) to conduct a facility audit of the aquatic center- This audit, which will be attached as an exhibit to the agreement, will help the City and the District jointly develop a ten-year and 20-year capital replacement program. (The District has agreed to certain corrections in the report. Because they have not been completed, it is not yet attached. City staff will verify the report is correct before executing the agreement.) City staff and District staff will meet annually in February or lvlarch to discuss maintenance and capital needs for the following fiscal year so that both agencies can budget appropriately for planned expenditures. ln keeping with past practice, the City and the District will split capital expenses identified in the ADG report on a 50-50 basis. The District will bill the City as a project is undertaken, and the City will pay for the work or the asset at that time. Should the agreement terminate early for any reason, and the asset or project still has a remaining "useful life," then the District will repay the City for the funds spent according to the remaining life of the asset. The new agreement will expire on January 1,2026, a three-year extension. The City and the District will meet over the next three years to work toward a longer-term extension of the agreement. The annual pool maintenance closure period has been changed from December 1 - January 31 to no more than two of the following windows: November 15 - December 15, January 1 5 - January 31, and the week of the District's spring break. Emergency repairs can be done outside of these windows to minimize pool downtime. Major construction can also be done at other times of the year but will be subject to agreement between the City and the District. The District will provide the City with a 90-day notice of the closure period, except in emergency situations. lf available, the District will make every effort to assure that either the San Mateo High School pool or the Capuchino High School pool is available when the aquatic center is anticipated to be closed longer than one week. Both of these facilities have locker rooms separate from the main school locker rooms, thus making it easier to ensure locker room access for patrons at the alternate facility. The City will pay the District's labor costs to open 2 a a Burlingame Aquatic Center Agreement June 20,2016 and close the alternate facility, perform routine maintenance, etc. during the BHS pool closure. The City will also pay 50% of the standard facility use fees (the non-profit rate) at the alternate pool(s) during the closure. The City will not pay expenses at the BHS pool during the closure, except those associated with projects undertaken during the closure. The City and the District will split the pool in half (ten lanes each) during all shared use times. With limited exceptions, shared use times are: o Monday to Friday: 5:30 a.m. to 7:30 a.m. and 3:30 p.m. to 7:30 p.m. o Monday to Friday, 7:30 a.m. to 3:30 p.m., only as needed o Saturday, 9:00 a.m. to 1:00 p.m. during high school water polo season o Saturday, 9:00 a.m. to 11:00 a.m. during high school swim season. The District will have exclusive use of the pool during competitions, physical education classes (generally a few weeks at the beginning and end of the school year), and up to three times per year for special school events. Such full use will begin no earlier than 8:00 a.m. With the exception of the District's exclusive use periods described above, the City will have exclusive use of the pool: o Monday to Friday, 7:30 a.m. to 3:30 p.m., unless the District requests shared use o Monday to Friday, 7:30 p.m. to 10:00 p.m. o Saturday, 5:30 a.m. to 9:00 a.m. o Saturday, 11:00 a.m. or 1:00 p.m. to 10:00 p.m. (depending on high school water polo and swim seasons, as described above) o Sunday, 5:30 a.m. to 10:00 p.m. Scheduling of the BAC swim meets or water polo tournaments outside of the three traditional events in February, June, and October must be mutually agreed upon by the City and the District. The City and the District will also review and discuss the schedule at an annual meeting. a The City and the District will develop a separate agreement in which the City provides use of the baseball field at Washington Park to the District, free of charge, for reasonable use associated with the BHS baseball program. The details regarding scheduling still need to be worked out. The City has requested that the District provide some regular evening use of the BHS gym free of charge. Unfortunately, as BHS uses the gym frequently, the District believes that it is difficult to build a schedule that can accommodate such use. As an alternative, the District has agreed to discuss providing the City with use of the tt/ills High School gym. (The Burlingame Parks and Recreation Department is already scheduling programming at Mills High School this summer as a result of construction at Burlingame lntermediate School, the campus that the department usually uses.) The details of this use will be worked out in the baseball field agreement. 3 . Burlingame Aquatic Center Agreement June 20,2016 FISCAL IMPACT There will be a cost associated with increasing the City's share of operations and maintenance from 70o/o (inclusive of 5o/o overhead) to 78o/o (inclusive of 5o/o overhead). That cost will vary from year to year based on the needs of the facility. Although there will also be a cost for capital each year, the City's share is not increasing. ln addition, the City's costs should become more predictable since the City and the District will work together to develop a schedule for improvements. Exhibits: . Resolution . Agreement 4 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE SAN MATEO UNION HIGH SCHOOL DISTRICT REGARDING THE BURLINGAME AQUATIC CENTER AT BURLINGAME HIGH SCHOOL WHEREAS, the City of Burlingame and the San Mateo Union High School District (the District) have been engaged in negotiations regarding a new agreement for the Burlingame Aquatic Center for the past several years; and WHEREAS, the City Manager and the Superintendent reached agreement on a Term Sheet, which both the City Council and the District's Board of Trustees (the Board) approved in October 2015 and which has been developed into an agreement; and WHEREAS, under the terms of the agreement, the City will pay 78% for maintenance and operating expenses, and the District will pay 22o/o; and WHEREAS, the District commissioned a facility audit of the Burlingame Aquatic Center in 2015, and that facility audit will help the City and the District jointly develop a ten-year and 20- year capital replacement program; and WHEREAS, the City and the District will continue to split capital expenses on a 50-50 basis, with the District billing the City as a project is undertaken; and WHEREAS, should the agreement terminate early for any reason, and the asset or project still has a remaining "useful life," then the District will repay the City for the funds spent according to the remaining life of the asset; and WHEREAS, the new agreement will expire on January 1, 2026, which is a three-year extension, and the City and the District will meet over the next three years to work toward a longer-term extension; and WHEREAS, the agreement also changes the annual maintenance closure period and includes a provision whereby the District will make every effort to assure that either the San Mateo High School pool or the Capuchino High School pool is available when the Burlingame Aquatic Center is anticipated to be closed longer than one week; and WHEREAS, the City and the District will split the pool in half (ten lanes each) during all shared use times; and WHEREAS, the City and the District will develop a separate agreement in which the City will provide use of the baseball field at Washington Park to the District, free of charge, for reasonable use associated with the Burlingame High School baseball program. RESOLUTION NO. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BURLINGAME RESOLVES AS FOLLOWS: The City Manager is authorized to execute an agreement with the San Mateo Union High School District regarding the Burlingame Aquatic Center at Burlingame High School in substantially the form attached. The City lvlanager and City Attorney may make such minor changes as deemed necessary for clarification prior to execution. Ann Keighran, 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 20th day of June, 2016, and was adopted thereafter by the following vote: AYES: NOES: ABSENT: Councilmembers: Councilmembers: Councilmembers: Meaghan Hassel-Sheaerer, City Clerk AMENDED AND RESTATED AGREEMENT BETWEEN THE CITY OF BURLINGAME AND SAN MATEO UNION HIGH SCHOOL DISTRICT FOR THE USE, OPERATION AI\D MAINTENANCE OF TIIE BURLINGAME HIGH SCHOOL AQUATIC CENTER This AMENDED AND RESTATED AGREEMENT BETWEEN THE CITY OF BURLINGAME AND SAN MATEO LINION HIGH SCHOOL DISTRICT FOR THE USE, OPERATION AND MAINTENANCE OF THE BURLINGAME HIGH SCHOOL AQUATIC CENTER (this "Agreement") is dated June l, 2016 for reference purposes only and is by and between the City of Burlingame (the "City"), a municipal corporation, and the San Mateo Union High School District (the "District"), a public school district, each a "Party," together the "Parties" WITNESSETH WHEREAS, Chapter l0 of Part 7 of the California Education Code-The Community Recreation Act ("Act"), codified in Sections 10900 et seq. of the California Education Code, authorizes public authorities (e.g., cities and school districts) to organize, promote and conduct programs of community recreation, establish systems of playgrounds and recreation and acquire, construct, improve, maintain and operate recreation Centers within or without the territorial limits of such public authorities; and WHEREAS, Section 10905 of the California Education Code authorizes public authorities to enter into agreements with each other for the use, operation and maintenance of community recreation Centers; and WHEREAS, Section 10910 of the California Education Code provides that the governing body of any school district may use or grant the use of any grounds of the school district to any other public authority for the organizing, promoting and conducting community recreation under the direct control of the public authority whenever such use will not interfere with the use of those facilities for any other purpose of the public school system; and WHEREAS, on November 19, 1997 the Parties entered into an agreement ("Original Agreement") to jointly fund the initial construction and ongoing use, repair, improvements, operations and maintenance of the Center ; and WHEREAS, in 1999, the Parties entered into a First Amendment to the Original Agreement (the "First Amendment') to amend various provisions in the Original Agreement to reflect the expansion of the Center's swimming pool from 25 yards to 50 meters through financing provided through a combination of private charitable and City funding for the purpose of allowing the City to sponsor and provide greater community recreation at the Center; and WHEREAS, under the provisions of the Original Agreement, as amended by the First Amendment, (together the "l999 Agreement") the City sponsors and provides community recreation at the Center through the City Parks & Recreation Department ("Parks & Rec."); and WHEREAS, beginning on or about September 12,2011, the City, through Parks & Rec., has transitioned the programming, coordination and staffing of the City's community recreation programs at the Center to the Burlingame Aquatic Club, Inc., ("Club") a California non-profit, public benefit corporation; and WHEREAS, the Parties desire to amend and restate the 1999 Agreement pursuant to the terms and conditions in this Agreement in order to provide for the collaborative and cooperative use of the Center for community recreation to the fullest extent allowed under the Act. NOW, THEREFORE, for value consideration, the adequacy and sufficiency of which is hereby acknowledged, the Parties agree as follows: 1. Definitions. 1.a. "Act" shall mean the Community Recreation Act, codified in Education Code Sections 10900, as defined in the Recitals. 1.b. "Capital Asset" shall mean any physical portion of the Center, or any major Center equipment, intended for an extended useful life of not less than one year as identified in Exhibit "A" and also includes, but is not limited to, the following described items located at the Center: l) Center fixtures (plumbing fixtures, permanently affixed furniture (if any), all lighting and wiring, office equipment, HVAC, water heater, lockers, pool covers and reels, lifeguard stands, pool lane dividers, drinking fountain, etc.); 2) Center heating equipment (pool heaters, piping, electronics and related systems, etc.); 3) Center pool pumps (pumps, piping, generator, valves, related electronics, etc.); 4) Center filtration system; 5) Center sanitization system; 6) Center chlorine and pH control and pumps; 7) Center pool tanks (tanks, plaster, tile, gunite, reinforcing steel, piping, drains, ladders, railings, fixtures, etc.); and 8) Center pool deck (concrete, reinforcing steel, fixtures, drains, faucets, etc.) 1.c. "Capital Expenditures" shall mean any costs or expendirures for the purchase, repair, improvement or restoration of a Capital Asset that extends the life cycle of a Capital Asset beyond one year. Attached hereto as Exhibit "A" is the schedule of Capital Expenditures for the Center during the Term. 1.d. "Center" shall mean the Burlingame High School Aquatic Center comprised of the Burlingame High School competition swimming pool 50-meters by 5O-yards, a second warrn- up swimming pool 5O-feet by 20-feet, locker rooms, systems, offices, restrooms, swim pool tank, pool deck, swim pool water and the mechanical room located in the Pool House. The Center shall not include the Pool House, except for the mechanical room. 2 1.e. "City'' shall mean the City of Burlingame as defined in the preamble to this Agreement. 1.f. The "City Share" shall mean the portion of the Maintenance and Operation Expense payable by the City to the District and shall be 78o/o- 1.g. The "City Share of Capital Expenditures" shall mean 50% of the total costs of the Capital Expenditure as identified in Exhibit A and determined by District as a result of public bidding and paid invoices for design, permitting and inspection related services. City shall pay the City Share of Capital Expenditures prior to the date of commencement of the Capital Expenditure project. In the event this Agreement is not extended beyond the Expiration Date, District agrees to reimburse City for the unamortized portion of the City share of Capital Expenditures based on a 10- year amortization scheduled. As an example, if the cost of the Capital Expenditure project is $100,000, City will pay $50,000 in advance of the commencement of the Capital Expenditure project. If the City's payment is made on January l, 2024 and the Expiration Date is not extended beyond January l, 2026, District will reimburse City for the unamortized portion of City Share of Capital Expenditures, i.e., 80% of $50,000 or $40,000 and such sum shall be paid as provided in Section 3.c below. 1.h. "Club" shall mean the Burlingame Aquatic Club, Inc., as defined in the Recitals to this Agreement, or its successor as designated by the City in compliance with the Act and all other applicable laws and regulations. f.i. "Community Recreation" and "Public Recreation" shall mean recreation as may be engaged in under the direct control of a public authority as defined in Section 10901(d) of the Act. lj. "Competition Pool" shall mean the competition pool described in Section 1.d, above 1.k. "District" shall mean the San Mateo Union High School District as defined in the preamble to this Agreement. 1.1. "Effective Date" shall mean the last day each of the following conditions has occurred: (i) this Amended and Restated Agreement is duly authorized by each of the govemment bodies of the Parties and (ii) this Amended and Restated Agreement is signed by a duly authorized representative of each Party. 1.m. "Expiration Date" shall mean January 1,2026, unless extended by Parties as provided herein. 1.n. "Maintenance and Operation Expense" shall mean frequent and routine costs and expenses for the purchase of goods and/or services customarily required for the on-going maintenance and operation of the Center or for the maintenance and operation of a Capital Asset during its expected life cycle as described in Exhibit 668", attached hereto. Maintenance and Operation Expense shall also include unanticipated repairs that are ordinary, customary and routinely required in less than a 12 month period. J 1.o. "Pool House" shall mean the area of the Center containing the mechanical room, break room, City locker rooms, City restrooms, City office, and Center lobby/entrance. 1.p. "Public Authority" or "Public Authorities" shall mean any city of any class, city and county, county of any class, public corporation or District having power to provide recreation, or school district in the State of California as defined in Section 10901(a) of the Act. 1.q. "Term" shall mean as defined in Section 2, below. 1.r. "Warm-Up Pool" shall mean the warm-up pool described in Section 1.d, above. 2. Term The term of this Agreement shall begin on the Effective Date and end on the Expiration Date (the "Term"). Upon expiration of the Term, the City shall have no further rights or interests in the Center. The Term may be extended only by a written amendment to this Agreement signed by the duly authorized representatives of the Parties after official action by the governing bodies of the City and the District. The Parties agree to meet during the month of January 2017, and annually thereafter if necessary, to negotiate in good faith for an extension of the Term. The Term shall not be extended unless authorized by the governing bodies of each Party and memorialized in a writing sign by an authorized agent of each Party. 3. Responsibilitv for the Center 3.a. Maintenance and Operations of the Center. 3.a.7. The District shall be responsible for maintaining and operating the Center, including the removal of garbage, refuse, rubbish, litter and other solid waste pursuant to its normal maintenance and operating procedures as provided in Exhibit B. Except as expressly provided below, the District shall maintain and operate the Center in accordance with current State, County, and District laws and standards for operation and maintenance of public swimming facilities. District shall maintain detailed records of all Maintenance and Operation Expense. 3.a.2. In performing its maintenance and operation obligations, District will use its best efforts to minimize interference with the City's scheduled use of the Center. 3.b. Pool House. The City shall be responsible for the maintenance, operation and supervision of the Pool House, excepting the mechanical room. The City, at its sole cost and expense, shall provide custodial services for the Pool House as described in Exhibit C, attached hereto. 4 Reimbursement Maintenance and Oneration Exp ses: Emersencies: Capital Expenditures. 4.a. Maintenance and Operation Expense. The City shall reimburse the District for the costs incurred and paid by the District for the Maintenance and Operation Expense based on 4 the City's Share. The City shall make reimbursement to the District when presented with an itemized invoice from the District. The District shall present such an invoice no less than once every quarter, and City shall make payment as promptly as feasible, but in no event later than sixty (60) days from the date of presentation. 4.b. Emergencies. In the event of an emergency or an imminent safety hazard, including, without limitation, earthquakes, fires, flooding, or other similar events, the District may perform non-scheduled repair or maintenance work at the Center without prior notification to the City. The District shall notify the City of such emergency work within a reasonable time. Verified expenses paid for such work shall be paid or reimbursed by City under Section 4.a., above. Work undertaken as a result of an emergency under this section that would otherwise be classified as a Capital Expenditure shall be reimbursed by the City at the 50Yo rate for Capital Expenditures under Section l.g. 4.c. Communication Regarding Maintenance and Capital Expenditures. With the exception of emergency safety concerns, the District and the City shall meet annually in February of each year to discuss maintenance and operation expenses and projected Capital Expenditures projects anticipated for the year (the "Annual Budget Discussion"). 4.d. Approved Capital Expenditures. Provided the District and the City have complied with the Annual Budget Discussion requirement in Section 4.c, the District and City agree that the District may elect to incur the Capital Expenditures identified in Exhibit A as "Approved" capital expenditure projects during the Term by giving the City ninety (90) days prior written notice of the corlmencement of the capital expenditure project. In the event the District determines in good faith to undertake a capital expenditure project that was not discussed during the Annual Budget Discussion in order to address emergency safety concerns, prior to undertaking such emergency capital expenditure project, the District shall give the City as much notice as feasible and shall "meet and confer" to discuss the emergency capital expenditure project. The City agrees to reimburse the District for Capital Expenditures incurred and paid by the District in an amount equal to the City's Share of Capital Expenditures. The City shall pay the City's Share of Capital Expenditures as soon as feasible, but in no event later than sixty (60) days from the date of receipt of an itemized invoice for the cost of the Capital Expenditure project from the District. Notwithstanding anything to the contrary above, the City shall not be in breach of its payment obligations under this Section 4.d for emergency capital expenditures that are not in the City's current fiscal year budget; provided the City shall act with reasonable due diligence and in good faith to obtain an appropriation for payment of the emergency capital expenditures through a mid-fiscal year budget adjustment, or in the next fiscal year budget if a mid-year budget adjustment is unavailable. 5. Annual Maintenance Closure: Cit), Use of District Pools. 5.a. Closure Period and Annual Discussions. The District may close the Center for annual maintenance and necessary repairs for the periods November l5th to December l5th, January 15'h to January 31't, and during the District's Spring Break each school year (the "Closure period"). The District and the City shall meet annually in September of each year to discuss the Closure Period for the following twelve (12) month period (the "Annual Closure Period Discussion"). During the Annual Period Discussion, the District and the City will discuss best practices to minimize the Closure Period and, if feasible, minimi ze the closure of all or any portion of the Center, including the swimming pool. The District shall notify the City when the annual maintenance and repairs undeftaken during the Closure Period are completed. During the Closure Period, neither Party may 5 use the Center except as agreed during the Annual Closure Period Discussion. The closure periods shall be limited to one or two per year, with the exception of emergency repairs or as otherwise agreed upon in writing between the Parties. 5.b. Use of District Pools During Closure Period. During the Closure Period and if feasible, District will make available a minimum of eight (8) swimming lanes and locker rooms at Capuchino High School and full use of the pool facilities at San Mateo High School (each an "Alternate Pool") for the City's use during the Closure Period if the Closure Period is longer than one (1) week. The City agrees to pay to the District the actual labor costs incurred by the District to make the Alternate Pool available to the City and 50%o of the standard facility usage fees (non-profit rate) imposed by the District for users of the Alternate Pool. District shall state in the Closure Notice the Alternate Pool available for City use during the Closure Period, whether such use includes the locker rooms and the total costs for the City's use of the Alternate Pool. The City shall remit payment of the costs prior to use of the Alternate Pool. The City will not be invoiced for any expenses at the Center during the Closure Period except for expenses associated with projects performed by the District during the Closure Period. 6. City and District Usaee of Facilities: Community Recreation. The Parties have set forth below a schedule for joint use of the Center that does not interfere with the District's ability to meet its public school purpose. Usage allocation shall be discussed annually at the February meeting between the Parties. 6.a. District Use. The District shall have use of the Center as follows 6.a.1. Monday to Friday 5:30 a.m. to 7:30 a.m. and 3:30 p.m. to 7:30 p.m. 10 adjoining swimming lanes (no buffer lane) 6.a.2. Monday to Friday 7:30 a.m. to 3:30 p.m. as needed: l0 adjoining lanes (no buffer lane). Entire pool up to three times per year for special school events, e.g., Senior Day. Full-day use will begin no earlier than 8 a.m. 6.a.3. PE Units IRESERVED] require exclusive use of pool; times to be determined and discussed with the City (the District to provide a minimum of ninety (90) days prior written notice to the City if feasible) 6.a.4. Saturday 9:00 a.m. to 1:00 p.m. during water polo season: 10 adjoining lanes (no buffer lane) 6.a.5. Saturday 9:00 a.m. to ll:00 a.m. during swimming season: 10 adjoining lanes (no buffer lane) 6.a.6. Interscholastic competition scheduling as needed. Exclusive use of pool for duration of contest required. District to provide notice of competitions as soon as feasible 6.b. Cit), Use. The City shall have use of the Center as follows: 6 6.b.1. Monday to Friday 5:30 a.m. to 7:30 a.m. and 3:30 p.m. to 7:30 p.m.: 10 adjoining lanes (no buffer lane) 6.b.2. Monday to Friday, 7:30 a.m. to 3:30 p.m.: all lanes unless District requests entire use (see 6a.2 and 6a.3 above); if District requests use, then 10 adjoining lanes (no buffer lane) 6.b.3. Monday to Friday 7:30 p.m. to 10:00 p.m. all lanes 6.b.4. Saturday 5:30 a.m. to 9:00 a.m.: all lanes 6.b.5. Saturday, 9:00 a.m. to 11:00 a.m. during swimming season and 9:00 a.m. to l:00 p.m. during water polo season: 10 adjoining lanes (no buffer lane) 6.b.6. Saturday 1:00 p.m. to 10:00 p.m. all lanes 6-b.7. Sunday 5:30 a.m. to 10:00 p.m. all lanes 6.b.8. BAC swim meets and water polo tournaments outside the three traditional events in February, June and October must be mutually agreed upon by City and District 6.c. Warm-up Pool Use. The City shall have exclusive use of the Warm-Up Pool at no additional cost or expense. 6.d. Non-Use Maintenance Periods. Neither Party shall use the Center during the following periods: 6.d.1. Weekday maintenance twice per week, (Tues. Thurs. 8:00 a.m. to 1 1:00 a.m., or as agreed by the Parties) 6.d.2. Annual Pool Closure maintenance 6.e. Pool House Use. The City shall arrange for custodial services for the interior of the Pool House (excluding the mechanical room) as set forth in Exhibit C, attached hereto. The City and its authorized agent under Section 11, above shall not use or access District intemet or wireless communication systems except as related to the City's use of the Center under this Agreement. The City and its authorized agent may use the District's telephone lines. District shall notify City when such telephone lines are scheduled to be unavailable for use. 6.f. District Reserved Riehts. Notwithstanding anything to the contrary above, the District reserves the right to have first priority for use of the Center if necessary to meet its public school purpose as set forth in the Act. If feasible, the District will give the City a minimum of thirty (30) days prior written notice of any alteration of the District's use schedule set forth above. The City understands and supports the educational purpose of the Center. However, City access to the Center is an integral and indispensable part of its incentive for entering into this Agreement. Should District's invocation of reserued rights under this Section interfere with the City's access to the Center on the terms reflected in this Agreement for more than one week, the Parlies shall meet and 7 confer as to adjustment of payments owed under this Agreement, and the City shall have the right to terminate its participation under this Agreement without penalty. 7. Modifications to Center and/or Intended Use. The City shall not make any physical changes to the Center without the prior written consent of the District. The District shall have the right to make physical changes to the Center in the best interest of the District; provided, however, such changes do not reduce the City's hours of use of the Center and the District has given the City as much notice as feasible. Notwithstanding anything to the contrary above, the City may make physical changes to the Pool House, subject to the prior written consent of the District, which consent will not be unreasonably withheld. This Section 7 is not intended to apply to Capital Expenditures, which are governed by Section 4.d. 8. Supervision. The District and the City agree that at all times when the District or the City is using the Center for its programs, adequate supervision of the swimming pools, the deck areas and building areas will be provided by the respective responsible agency. Whenever the swimming pools are in use, the responsible agency shall ensure that an appropriate number of persons certified in water safety are present and responsible for the use activity. The District and the City shall provide supervision during periods of exclusive and concurrent use. The District and the City agree to promptly establish pertinent claims procedures under the Califomia Claims Act (Government Code Sections 810 et seq.) governing injuries at the Center sustained by participants of City or District programs, as applicable. 9. Insurance. The District and the City at each Party's own cost and expense, the following insurance: Commercial General Liability Insurance written on an "occurrence" form covering the use and occupancy of the Center with a minimum limit of $2,000,000 per occurrence for Bodily Injury and Property Damage and umbrella or excess liability insurance to be excess over the Commercial General Liability written on an "occurrence" form with a minimum limit of liability of Five Million Dollars ($5,000,000.00). The City shall submit to the District certificates of insurance evidencing all such insurance required under this Section 9 upon request. All insurance policies required hereunder shall be specifically endorsed to state that coverages afforded under the policies will not be cancelled or allowed to expire for any reason until at least thirty (30) days' prior written notice has been mailed to the District (or ten (10) days prior written notice for non-payment of premium) and/or the policy cancellation provisions must be provided with the certificate of insurance. The City's insurance policies shall be endorsed to provide as additional insured the District and its Board members, officers, employees and agents. All insurance policies, if feasible, shall provide for the insurer to waive all right to recover by way of subrogation in connection with any loss covered thereby. The issuance of the above insurance policies, the District and the City intend to insure against claims and loss arising from their respective obligations under this Agreement; i.e., each Party is primarily liable for claims and loss arising from its use of the Center and acts and omission under this this Agreement. 10. Scheduline of Center Public Use: Cit), and District Meetings. 10.a. Scheduline. The District shall have the responsibility for maintaining the master schedule related to District and City use of the Center under this Agreement. 10.b. Scheduline Meetines. Ninety (90) days prior to each anniversary of the Effective Date, the District's Capital Facilities Manager and the City Director of Parks & Recreation shall meet to discuss the scheduling for the Center. Any modification to the Center use provisions in 8 Section 6, above shall be memorialized in a revised written schedule signed by each Parties' duly authorized representative within thirty (30) days prior to each anniversary date. 10.c. Ouarterly Compliance Meetines. The District's Capital Facilities Manager, or designee, and City's Director of Parks & Recreation, or designee, shall meet no less often than quarterly to ensure best practices are being followed with regard to the Parties' duties and obligations under this Agreement. 11. Limited Delegation of Citv Use: Prohibited City Use. The Parties acknowledge that the City, to the fullest extent allowed by the Act, has delegated the performance of its maintenance, administration and operation duties and obligations under this Agreement to the Club. Any other use of the Center by the Club (or any other authorized agent of the City) shall be prohibited unless approved by the District under the District's facility usage and rental fee requirements then in place. 12. Indemnification and Hold Harmless Agreement. 12.a. Citlz Indemnification. It is agreed that the City shall defend, hold harmless and indemnify the District, its officers and/or employees from any and all claims for injuries or damage to persons and/or property which arise out of the acts and omissions the City, its officers, employees, designees, agents, consultants under this Agreement. The City's indemnity obligations under this Section 12.a shall include the acts and omissions of the Club and its officers, employees, designees, agents and consultants arising from or related to the subject matter of this Agreement, but shall not include claims arising out of the willful misconduct or sole negligence of the District, its officers and/or employees. The indemnification requirement established by this Section shall survive the expiration or termination of this Agreement. lz.b District Indemnification. It is fuither agreed that District shall defend, hold harmless and indemnify the City, its officers, authorized agents, volunteers andlor employees from any and all claims for injuries or damage to persons and,/or property which arise out of the acts or omissions of the District, its officers, employees designees, agents and consultants under this Agreement, but shall not include claims arising out of the willful misconduct or sole negligence of the City, its officers, authorized agents, volunteers and/or employees. The indemnification requirement established by this Section shall survive the expiration or termination of this Agreement. 13. Dispute Resolution. If from time-to-time disputes relative to this Agreement arise which are not resolved through the efforts of the District and City representatives, then either Party may declare an impasse has been reached. Within thirty (30) days of the impasse, the Parties shall mediate the dispute through the American Arbitration Association ("AA,{") under its rules and procedures, as amended. If the dispute is not resolved by mediation, either Party may submit the dispute, with supporting documents, for binding arbitration through AAA under its rules and procedures, as amended. The decision of the arbitrator is final and binding solely with regard to disputes related to the payment of Maintenance and Operation Expense. The Parties reserye the right to pursue legal action, with the right of appeal, as to all other disputes arising under this Agreement. 14. Entire Aereement: Amendments. This Agreement constitutes the entire agreement and understanding between the District and the City with respect to the subject matter hereof and supersedes all prior agreements relating to the subject matter hereof, including but not limited to the Original Agreement, as amended by the First Amendment, which are of no further force or effect. This Agreement may be amended or modified only by written agreement signed by both Parties. 9 15. Non-Waiver. Failure on the part of either Party to enforce any provisions of this Agreement shall not be construed as a waiver of the right to compel enforcement of such provision or provisions. 16. Not a Joint Powers Aeency. Nothing contained in this Agreement shall be construed as intended to nor shall it be a joint powers agency of any kind. 17. Relationship of the Parties. It is understood that District pool and building maintenance workers, supervisors, teachers, coaches, lifeguards, other staff and contractors are employees and contractors of the District and the City does not provide liability or workers compensation insurance or benefits for any such employees and contractors. It is understood that City building maintenance workers, supervisors, instructors, coaches, lifeguards, volunteers and contractors are employees or agents of the City and the District does not provide liability or workers compensation insurance or benefits for any such employees and contractors. 18. No Ownership Interest Intended. Nothing contained herein is intended to create in the City any ownership interest whatsoever by the City in the Center. 19. Notices. All notices shall be in writing and delivered to in person or transmitted by certified mail, return receipt requested, postage paid: Notices required to be given to District shall be addressed: Debbie Arobio Capital Facilities Manager San Mateo Union High School District 650 North Delaware Street San Mateo, CA 94401-1795 with copy to Sean Absher Stradling Yocca Carlson & Rauth 44 Montgomery Street, Suite 4200 San Francisco, CA 94104-4803 Notices required to be given to City shall be addressed: Margaret Glomstad Director Parks & Recreation City of Burlingame 850 Burlingame Avenue Burlingame, CA 94010 with copy to 10 Kathleen Kane City Attorney City of Burlingame 501 Primrose Road Burlingame, CA 9401 0 -3997 Said persons shall be representatives of District and City for all purposes of this Agreement; provided, however, either Party may change its designed representative for the purpose of receiving notices and demand as herein required by written notice given in the manner provided above to the other Party. 20. Interpretation. As used herein, any gender included each other gender, the singular includes the plural, and vice versa. Nothing contained in this agreement is intended to nor does it create a joint powers agency as provided in the Government Code. 21. Governinq Law. This Agreement is made pursuant to and shall be construed in accordance with the laws of the State of California. 22. Venue. The applicable law for any legal disputes arising out of this Agreement shall be the law of the State of California, and the forum and venue for such disputes shall be the appropriate Superior Court in and for San Mateo County. ISIGNATURES ON NEXT PAGEJ 11 IN WITNESS WHEREOF, the Parties hereto have executed this agreement on the day and year first above written. CITY OF BURLINGAME A Municipal Corporation APPROVED AS TO FORM: By: Name:Name: Its: City Manager Its: City Attorney ATTEST: By: Its: City Clerk SAN MATEO LINION HIGH SCHOOL DISTRICT By:By: Name:Name: Its: Superintendent Its. District Special Counsel ATTEST: By: Name: Clerk Board of Trustees By: t2 EXHIBIT "A" (Approved Capital Expenditures) The following capital expenditure projects described in the Burlingame Aquatic Center Facility Audit prepared by Aquatic Design Group dated May 15,2015, as amended and corrected, which is incorporated herein by this reference, are deemed to be Approved Capital Expenditures under Section 4.d of this Agreement. Five Year Outlook 5.4.3 Remove and Replace Pool Deck & Drainage 5.4.4 Add Two New ADA Lifts; or alternatively, Add One New ADA Lift or One New Stair under 5.4.4a 6.1.3 Remove and Replace Finish at Competition Pool 5.1 Site Path of Travel Code Renovations 5.215.3 Building Code Renovations Ten Year Outlook 7.2a New Filter Media 728 New 400,000 BTU Warm Up Pool Heater 7.2d New Circulation Pumps A-l EXHIBIT *B' (Maintenance and Operation Expense and Schedule) Duties performed on a regular basis as follows: Mondav-Fridav Veriff that all 12 pool covers are placed on the pool nightly. Inspect pool cover tabs (after BAC or HS put covers on) and report missing tabs. Check pool gutters for debris/trash Dump swimsuit water bucket (dump water down deck drain, rinse bucket with clean water). Wipe down swimsuit spinner machine. Disinfect outside shower floor, walls, and shower unit. Clean/disinfect drinking fountains. Clean/disinfect snack bar sills. Pick up all trash/debris under bleachers. Check and spot clean bleachers. Clean skimmer baskets and housing unit. Sweep up leaves & debris around entire perimeter of pool deck and handicapped ramp. Sweep between equipment cage and shed. Clean square deck drains grates. Clean trash/debris underneath lost & found basket Pool deck to be left clean, and free of trash, debris, or personal equipment. Put pool vacuum into pool nightly, unless directed not to do so by authorized District staff. Clean small pool tile w/cleanser & scrub pad. Clean out cement drains. Hose down pool deck - ONE section per shift. This task may be altered under drought-related water restrictions. Brush large pool tiles/walls. Clean one section/shift. B-l Clean exterior snack bar windows, glass doors & pool house windows. Clean/disinfect lifeguard stands/seats Dust off exterior of ALL vent covers to pool house building. Maintenance of interior vent covers is not included as a District task. Dust off all light covers. Dust off all vented exterior doors. Hose/clean out pool deck trash cans. Clean trash from behind 4 cement electrical walls. Ifyou are the last person on deck, check all pool deck gates to insure they are closed/locked. Monthlv Clean/polish stainless (poles, clocks, starting blocks, pool ladder handles, etc.) Power wash metal bleachers. Power wash outside shower wall & suit spinner wall Knock down all cobwebs on fences, gates, deck shed and eaves on pool house. Pull weeds growing in cement cracks. Sweep/Clean storage cage (BAC staff to move/replace equipment on designated cleaning day). High dust all can lights above snack bar. Ouarterlv Power wash eaves. B-2 EXHIBIT O'C' (Pool House Janitorial Schedule) Niehtlv (7 Davs per Week) Clean Restrooms (Sinks and Toilets) Clean Locker Area Clean and Disinfect Showers, Wash top to bottom Remove and Rinse Floor Mats (per inspector) Mop locker room floors (per inspector) Empty all trash cans in pool house and on pool deck. Take garbage to BHS compactor Monthlv Deep scrub all hard surfaces Dust Interior Vent Panels Dust Tops of Lockers Ouarterlv Steam clean rubber mats For Large Events Secure dumpster for large events c-1