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HomeMy WebLinkAboutAgenda Packet - CC - 2018.03.05City of Burlingame Meeting Agenda - Final City Council BURLINGAME CITY HALL 501 PRIMROSE ROAD BURLINGAME, CA 94010 Monday, March 5, 2018 6:00 PM Council Chambers STUDY SESSION - 6:00 p.m. - Gouncil Ghambers a. Discussion of Field User Orqanizations' Storaqe and/or Structures on Citv Parkland Attachments: Staff Reoort Chart of Orqanizations and Structures Note: Public comment is permitted on all action ifems as noted on the agenda below and in the non-agenda puhlic comment provided for in item 7. Speakers are asked to fill out a "request to speak" card located on the table by the door and hand it to staff, although the provision of a name, address or other identifying information is optional. Speakers are limited to three minutes each; the Mayor may adjust the time limit in light of the number of anticipated speakers. All votes are unanimous unless separately noted for the record. 1. CALL TO ORDER - 7:00 p.m. - Council Chambers 2. PLEDGE OF ALLEGIANCE TO THE FLAG 3. ROLLCALL 4. REPORT OUT FROM CLOSED SESSION 5. UPCOMING EVENTS 6. PRESENTATIONS a. Presentation of Green Business Awards 7. PUBLIC COMMENTS, NON.AGENDA Members of the public may speak about any item not on the agenda. Members of the public wishing to suggesf an item for a future Council agenda may do so during this public comment period. The Ralph M. Brown Act (the State local agency open meeting law) prohibits the City Council from acting on any matter that is not on the agenda. City of Budingame Page 1 Printed on 3/1/2018 City Council Meeting Agenda - Final March 5, 2018 8 a. b APPROVAL OF CONSENT CALENDAR Consent calendar items are usually approved in a single motion, unless pulled for separate discusslon. Any member of the public wishing to comment on an item listed here may do so by submitting a speaker slip for that item in advance of the Council's consideration of the consent calendar. Adoption of Citv Council Meetinq Minutes Februarv 20. 2018 Attachmens: Meetinq Minutes Adoption of an Ordinance Amendino Title 12 of the Burlinqame Municipal Code to Update Chapter 12.12 "Sidewalk and Parkwav Maintenance" Atlachments: Staff Report Prooosed Ordinance December 4. 2017 Staff Reoort & Attachments Adoption of a Resolution Authorizinq the Citv Manaqer to Procure a Prefabricated Restroom from CXT, lnc. and Execute an Aqreement with Timberline Enoineerinq for the Site Preparation for the Washinoton Park Restroom Proiect Attachments: Staff Report Resolution Purchasino Aoreement for CXT Restroom Schematic of CXT Restroom Bid Summarv Aqreement with Timberline Enqineerino Adoption of a Resolution Acceptinq the FY 2016-17 Street Resurfacinq Proiect bv O'Gradv Pavinq. lnc.. Citv Proiect No. 84160 Attachmens: Staff Reoort Resolution Final Prooress Pavment Proiect Location Map Adoption of a Resolution Awardinq a Contract to Dewev Pest Control for the Creek & Sewer Rodent Control Prooram Attachments: Staff RePort Resolution Rodent Control Service Aoreement c. e. d City of Burlingame Page 2 Printed on 3/1/2018 City Council Meeting Agenda - Final March 5,2018 f. Adoption of a Resolution Expressinq Support for the Mayors for 100% Clean Enerqv Campaiqn and Authorizino the l\ilavor to Siqn Declarations and Letters of Support on Behalf of the Citv Council that Aliqn with the Citv's Climate Action Goals W Staff Reoort Resolution Endorsemenf 9. PUBLIC HEARINGS (Public Comment) a. Acceptance ofa Bust of Anson Burlinqame to be Displaved in the Burlinqame Librarv Atachmenls:Staff Report Picture of Anson Burlinoame Bust Draft Wordinq for Frames in Public Places Poli Donation of Public Art Aoolical;on b. lntroduction of an Ordinance Amendino Cha r 13.52 of the Burlinqame Municioal Code Reqardinq Requlation of Bicvcles Atlachmenb: Staff Report Proposed Ordinance 10. STAFF REPORTS AND COMMUNICATIONS (Public Comment) a. Citv Council Policv Direction Reoardino Placement of Wireless Cell Antennas on Citv b. Citv Council Direction on Reouest to Allocate Funds for O tion Eaole Visit Homecominq 50 Years Celebration afi,achments: staffReoort 11. COUNCIL COMMITTEE AND ACTIVITIES REPORTS AND ANNOUNCEMENTS Councilmembers repoft on committees and activities and make announcements. City ol Burlingame Printed oa i/1/2018 Owned Utilitv Poles Attachm.n6: Staff ReDort Exhibit A - lllustration of Tvpical Small Cell Wreless Antenna and Eouioment Exhibit 8.1 - AT&T Letter Exhibit 8.2 - List of Citv-owned Poles Proposed for Antenna Placement Exhibit C - Communitv Development Deoartment Memorandum Exhibit D - Survev of Local Aoencies Exhibit E - FAQs Reoardlino Wreless Antennas City Gouncil Meeting Agenda . Final March 5, 2018 a, Vice fvlavor Colso n's Committee Reoort Atlachmen,s:Commiilee Report b.Councilmember Beach's Committee Report Atlachmenb:Committee Re c.Councilmember Keiohran's Committee Report atlachmen/s: Committee Reoort 12. FUTURE AGENDA ITEMS ,I3. ACKNOWLEDGMENTS The agendas, packets, and meeting minutes for the Planning commission, Traffic, Safety & Parking Commission, Beautification Commission, Pafus & Recreation Commission and Library Board of Trustees are availabla online at $tww.burlingame.org. 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 Hall, 501 Primrose Road, from 8:00 a.m. to 5:00 p.m. before the meeting and at the meeting. Visit the City's website at www.budingame.org. Agendas and minutes are available at this site. NEXT CITY COUNCIL MEETING - 2017-18 Mid-Year Budget Session - 6:30 p.m. on Wednesday, March 14, 2018 Next regular City Council Meeting - Monday, March 19,2018 VIEW REGULAR COUNCIL MEETING ONLINE AT WWW.BURLINGAME.ORG . GO TO ,CITY COUNGIL 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 duing normal bus,,;ress hours. City of Burlingane Ptinred on 3/1/2018 STAFF REPORT AGENDA NO: Study Session MEETING DATE: March 5,2018 To:Honorable Mayor and City Gounci! Date: March 5, 2018 From: Margaret Glomstad, Parks and Recreation Director - (650) 558-7307 Subject: Discussion of Field User Organizations' Storage and/or Structures on City Parkland RECOMMENDATION Staff recommends that the City Council discuss the issue of field user organizations storing equipment and or placing structures on City parkland and provide direction on what is to be permitted in the future and under what conditions. BACKGROUND The City regularly rents its fields to organizations that provide athletic opportunities for youth. (At this time, there are no adult organizations that regularly use the fields, besides the City's own adult sports leagues.) ln order to assist these organizations in their programming, the City has permitted organizations to use City storage facilities and/or install their own structures on City parkland in order to enhance their programming. The structures include sheds, batting cages, snack shacks, porta potties, and City (or Burlingame School District) owned storage space. DISCUSSION ln some cases, the user organizations have either paid for or built the structures. This is the case with the majority of the storage sheds as well as the batting cages. ln other cases, the organizations and the City or School District have shared in the cost of the structures (such as one shed at Bayside and the porta potties), or the City has paid for and/or built the structures (i.e., the snack shacks and storage in the grandstands and Golf Center). At this time, all regular field user organizations have the use of some type of storage and/or structure located on City parkland. The organizations include: '1. Burlingame Youth Baseball Association (BYBA) 2. American Youth Soccer Organization (AYSO) 3. Burlingame Girls Softball (BGS) 4. Coyotes Lacrosse 5. Our Lady of Angels (OLA) 6. St. Catherine 7. Mercy Burlingame 1 Discussron of Field User Organizations' Storage and/or Structures March 5,2018 8. Burlingame High School Baseball 9. Burlingame Soccer Club (BSC) Exhibit A lists each organization, the fields they use, and the type and location of storage/structure they have on City parkland. As noted in Exhibit A, the City only has agreements with BYBA and BGS for some of the structures they use. These agreements are out of date and do not cover all the uses. Agreements with the other organizations listed above still need to be developed. It is important to note that while the new agreements are intended to cover improvements made to City parks and the maintenance and use of those improvements, the rental of the fields and field allocations will not be covered and will continue through the Field Use Policy. ln order for staff to proceed with drafting agreements that can be applied to the various field user organizations, staff requests direction on the following questions: 1. Does the Council want regular field user organizations to have structures on City parkland? lf yes, what type of structure(s) is permissible? a. Storage shed/box b. Snack shack c. Batting cage d. Porta potty 2. Does the Council want to allow the organizations to use City buildings to store their equipment? 3. Should a fee be charged? lf yes, for use of what structure(s)? 4. Who is financially responsible for the upkeep of the structure(s)? 5. Should any structure become City property after installation on City parkland (either at the outset or after a certain time period)? 6. Who should get to use the structures, in particular the snack shacks, batting cages and porta potties? 7. lf permits are required for future structures, should City permit fees be waived? FISCAL IMPACT There is no fiscal impact for the discussion but depending on Council direction, there may be future fiscal impacts. Exhibit: o Chart of Organizations and Structures 2 Storage Area Other Amenities Written Agreementization Res Non-res Total Pl Facilities NaturaUArtificial Turf Field Lights Bathrooms Snack Shack AYSO 1280 82 No No No No No No No No o Murray Field Washington Park Main Washington Park Small Osberg Franklin Ray Park Bayside Soccer Fields Cuernavaca Park Artificial Turf Natural Grass Natural Grass ArtificialTurf Artificial Turf Natural Grass Natural Grass Natural Grass Natural Grass Yes Yes Yes No No No Yes No No Yes Yes Yes Porta Potties Porta Potties Yes Yes Yes Yes Shared City FacilitY Tuff Shed Tuff Shed Shared District sPace Shared District sPace Tuff Shed Tuff Shed Tuff Shed Tuff Shed NA NA NA NA NA NA NA NA NAage Park No No No No No Yes Yes No No BYBA 58 10 No No No No Yes Natural Grass Natural Grass Natural Grass Natural Grass Natural Grass Natural Grass Natural Grass Natural Grass Yes Yes YeS Yes YeS No No No Yes Yes YeS Yes Yes Yes Yes Yes No No Yes Yes Yes Yes Yes No City Facility Tuff Shed Tuff Shed City/BYBA Shared FacilitY City/BYBA Shared FacilitY Tuff Shed None Tuff Shed Score Board Batting Cage Batting Cage/Score Board Batting Cage/Score Board Batting Cage/Score Board NA NA NAPark Bayside #5 Washington Park Main Washington Park Small Bayside #1 Bayside #2 de f3 de #4 BGS 277 85 362 No No No Ray Park #1 Ray Park #2 Ray Park #3 Osberg Field Franklin Field Natural Grass Natural Grass Natural Grass ArtificialTurf ArtificialTurf Natural Grass No No No No No Yes Yes Yes Yes Porta Potties Porta Potties Yes Yes Yes Yes No No Yes Tuff Shed Tuff Shed Tuff Shed Shared District space Shared District sPace Score Board Score Board NA NA NA NACity Facide f1 OLA 37 34 No NoBayside #1 Bayside #2 Bayside #3 Natural Grass Natural Grass Natural Grass Yes Yes Yes Yes Yes Yes Yes Yes Yes Score Board Score Board NACity Fa None City Facility St Cat's 11 19 No No Natural Grass Natural Grass Yes Yes Yes Yes Yes Yes Score Board Score Board City FacilityBayside #1 #2 2 38 No Cuernavaca Park Franklin Natural Grass Artificial Turf No No Yes No Porta Potties No Tuff Shed Shared District NA NA 108 19s No No Artificial Turf ArtificialTurf N N Porta Potties Porta Potties No No NA NA Franklin o o Shared District sPace Shared District BHS N/A N/A Rental agreement mentNatural Grass Natural Grass Yes Yes Yes Yes No No City Facility None Batti Cage Score Board shington Park Small ngton Park Main ABSC No No No No No No No Artificial Turf ArtificialTurf ArtificialTurf Natural Grass Natural Grass Natural Grass Natural Grass No No Yes No Yes No Yes Porta Potties Porta Potties Yes Yes YeS Yes YeS Shared District sPace Shared District sPace Shared City FacilitY Sports Box Sports Box Sports Box None NA NA NA NA NA NA NA llage Bayside Soccer Fields No No No No No No No Fra nklin Osberg Murray Park Park Agenda Item 8a Meeting Datez 3/05/L8 BURLINGAME CITY COUNCIL Unapproved Minutes Regular Meeting on February 20,2018 1. CALL TO ORDER A duly noticed regular meeting of the Burlingame City Council was held on the above date in the City Hall Council Chambers. 2. PLEDGE OF ALLEGIANCE TO THE FLAG The pledge of allegiance was led by Emerson Burri. 3. ROLL CALL MEMBERS PRESENT: Beach, Brownrigg, Colson, Keighran, Ortiz MEMBERS ABSENT: None 4. STUDY SESSION il. DISCUSSION OF RESIDENTIAL IMPACT FEES City Manager Goldman stated that the study session was a continuation of the discussion started at the January 27,2018 City Council Annual Goal Setting Session. CDD Meeker stated that affordable housing impact fees are used to support and build new homes for lower- income residents. The fees can be charged to developers of new residential projects, and used for land purchase, construction costs, or site rehabilitation related to providing workforce housing. Jurisdictions may tailor the fees so they meet local needs. The fees can be adjusted for a wide variety of reasons, as long as they are not arbitrary or capricious, and the fees for all projects remain below the legal maximum permitted by a nexus study. CDD Meeker stated that as part of the San Mateo County "2l Elements" multi-jurisdictional effort, a Residential Impact Fee Nexus Study was prepared for the City, together with a Commercial Linkage Fee Nexus Study. These studies describe and quantify how the development of homes, offices, and commercial space creates a need for housing, particularly for very low, low, and moderate-income residents. The maximum impact fees that can be legally charged were calculated by estimating the number of new worker 1 Burlingame City Council February 20,2018 Unapproved Minutes Agenda Item 8a Meeting Date:3/os/L8 households associated with new developments. A final analysis was then completed that considered factors like local conditions and the fees of neighboring jurisdictions to determine a potential range of impact fees. CDD Meeker stated that on June 19, 2017, the City Council adopted an ordinance establishing a Commercial Linkage Fee for new commercial development in Burlingame. CDD Meeker stated that tonight, staff is asking Council for direction on whether an ordinance should be created to implement a residential impact fee. Councilmember Keighran noted that Millbrae wasn't included in the staff report and asked if Millbrae had linkage fees. Planning Manager Gardiner replied in the negative. Councilmember Keighran asked if it was correct that the residential impact fee does not pertain to single family homes but does pertain to single family homes attached (townhouses). Planning Manager Gardiner replied in the affirmative. Councilmember Keighran stated that the staff report notes that the City doesn't have park dedication fees or a bedroom tax. However, the City does have a parks and recreation fee. CDD Meeker stated that the City's parks and recreation fee is for park maintenance and improvements. Park dedication fees are a result of the Quimby Act and are collected from new residential subdivisions. Councilmember Keighran asked what a bedroom tax is. CDD Meeker replied that he was unsure and would research it for the Council. Councilmember Keighran asked if the utility connection under potential fees for a 10- unit residential project is water and sewer. Planning Manager Gardiner replied in the affrrmative. Councilmember Keighran asked if staff discussed the potential range of residential impact fees with developers. Planning Manager Gardiner stated that staff has not yet discussed the fees with developers. Councilmember Keighran asked if staff was looking for Council to determine what the residential impact fee should be tonight. She explained that she didn't want Council to make a decision and then have staff discuss whether the fees were feasible with the developers. Planning Manager Gardiner explained that staff was looking for the Council to determine a few things at the study session: l) if they would like to enact residential impact fees; 2) if the City enacts fees, a possible range for the fees; 3) if they want tiered fees; 4) if the City will offer a prevailing wage discount; and 5) feedback on the in-lieu option. Councilmember Beach stated that the City had not undertaken a nexus study on other impact fees since 200712008 and asked if the City anticipated updating these fees in the near future. City Manager Goldman stated that staff started reviewing development impact fees when the City undertook the study to update the Master Fee Schedule. However, at the time, staff was in the early days of updating the General Plan, and wanted to wait until the project was further along before finalizing the development impact fee study. City Burlingame City Council Unapproved Minutes 2 February 20,2018 Agrenda Iten 8a Meeting Datez 3/O1/LB Attorney Kane stated that some of the fees were recently recalibrated including the entitlement fees, cost of design review, and engineering plan review. Councilmember Beach asked if staff had any insight on school fees and what the school districts are seeing as far as a potential need to increase their fees in the future. City Manager Goldman stated that the school fees are split between SMUSHD and BSD, with BSD getting a larger share of the fees. She noted that she reached out to BSD Superintendent Maclsaac who informed her that BSD had reached its cap for what it can charge for school fees. However, Superintendent Maclsaac stated that the schools are overcrowded and that they are feeling the pressure to open a new school. Councilmember Beach stated that the cap would have to be increased by the State. City Manager Goldman replied in the affirmative. Vice Mayor Colson discussed why single family homes weren't included in the residential impact fee study. She explained that there wasn't a great potential for new single family homes to be built in the City. Planning Manager Gardiner replied in the affirmative. Vice Mayor Colson asked about the nexus fee study in the City's Parks and Recreation Master Plan. City Manager Goldman stated that there will be a fee study, but it isn't clear how it will interact with the parks and recreation fee in the staffreport. Vice Mayor Colson discussed Table I in the staff report which is a summary of housing impact fees in San Mateo County jurisdictions. She stated that although there is a lot of construction in Belmont and South San Francisco, neither city has implemented residential impact fees. Planning Manager Gardiner stated that both South San Francisco and Belmont have inclusionary housing. Additionally, Belmont charges a fee of $20 per square foot for apartments. Vice Mayor Colson stated that the City Council established a double tiered structure for commercial linkage fees. The two tiers accounted for the prevailing wage discount. She asked if other cities were using this structure for residential impact fees. Planning Manager Gardiner replied in the affrrmative. Councilmember Keighran asked how attached or separated accessory dwelling units fit into residential impact fees. Planning Manager Gardiner stated that it is a policy choice. He added that some cities do charge an impact fee for ADUs, but staff isn't recommending that. Mayor Brownrigg discussed Table 2 inthe staff report, which is a summary of the estimated potential near- term housing impact fees. He explained that in this table if 900 units are built, then the range of housing impact fees is $7.65 million to $19.125 million. He asked how many units of affordable housing could be built with $19 million. Planning Manager Gardiner stated that the conversation on how the City will utilize these fees is similar to the conversation the City Council had with commercial linkage fees. The City Council would need to decide whether the funds should be utilized to build units or leveraged with an or ganization like HEART. Burlingame City Council Unapproved Minutes J February 20,2018 Agenda Item 8a Meeting Date:3/os/L8 Mayor Brownrigg opened the item up for public comment. Housing Leadership Council of San Mateo County representative Leora Tanjuatco expressed the organization's support for passing residential impact fees. She discussed the importance of housing fee funds as most county, state and federal grants require matching funds. Burlingame resident Mark Burri voiced his support for promoting prevailing wage and for building affordable housing. Mayor Brownrigg closed the public comment. Councilmember Ortiz voiced his support for moving forward with the impact fees. He stated that he believed the City should go with the double-tiered system for residential impact fees. Additionally, he stated that the ranges for the tier without prevailing wage discount should be: t. Less than 10 units - $15 per square foot 2. ll-25 units - $17 per square foot 3. 26-50 units - $20 per square foot 4. 51-100 units - $22per square foot 5. More than 100 units - $25 per square foot Lastly, he voiced his concern about an in-lieu option. He stated that he needed more information on this matter so that when the Council created an in-lieu option, they knew the cost of a below market rate unit in comparison to the proposed residential impact fee. Councilmember Beach stated that residential impact fees are something worth exploring. She discussed the Council's vision/goal of creating a wider array of affordable housing in the city and that these fees are one tool the Council can use. However, she cautioned her colleagues that it might be a little premature to set a number before talking to all the stakeholders. She explained that during the summer she had discussed residential impact fees with some developers. She stated that the developers were supportive of the idea but cautioned her that if the price tag was too high on these fees, Council may end up not encouraglng the type of housing that the City wants. She noted that one of the developers informed her that even $20 per square foot can deplete a contingency on a project. Therefore she stated that the Council needed to be very thoughtful when approaching this topic. Councilmember Beach explained that as the General Plan is reviewed; the City Council should discuss other incentives that could be used such as reducing the parking requirements in exchange for affordable housing. She stated that in theory she was in support of residential impact fees but wanted to make sure that the Council came to the right number. Vice Mayor Colson stated that in speaking with a number of developers, the way these fees are formulated into the pro forma is that it is a direct offset of the value of the land. Therefore, if it's a $10 million piece of land, and there is $1 million in fees, then the land is worth $9 million not $10 million. She stated that the 4 Burlingame City Council February 20,2018 Unapproved Minutes Agenda Item 8a Meeting Date: 3/OS/LB proposed amendments to the General Plan are creating a substantial amount of up-zoning throughout the city's residential areas. By doing this, the City is increasing the value of property by rezoning areas to allow for three stories where only two stories were allowed before. Accordingly, she stated there is room in the up- zoning areas for the fees to be accommodated. Vice Mayor Colson stated that she supports residential impact fees but wanted to make sure that the City's fees are comparable to neighboring cities. Councilmember Keighran stated that the City needed to ensure that fees are set so as to encourage affordable housing units in larger projects. She asked staff to get feedback from developers on residential impact fees. She noted that she wanted a tiered system, prevailing wage discount, and an in-lieu option. Mayor Brownrigg concurred with the Vice Mayor that with the potential up-zonings in the General Plan amendments, there will be a significant increase in land value. He explained that he believed the City should look at a dual program of inclusionary housing and/or fees. He stated that he was increasingly leaning towards inclusionary housing. He discussed how both Foster City and Los Gatos have inclusionary housing and how it benefited their communities. Mayor Brownrigg discussed the increasing issue of hiring/maintaining police of{icers, teachers, and other professions in the city. He stated that creating affordable housing isn't just the right thing to do morally but also a strategic plan for Burlingame. Therefore, the question for him was what produces the most affordable units. He stated that the City created impact fee programs in the past for issues like parking, and the funds have not been used. He discussed the study in the staff report that explained that the average cost to construct a unit is $350,000 not including the cost of land. However, he stated that he believed this cost to be higher, citing examples of Oakland's recently approved affordable housing project and the City's own project on Lots F and N. Mayor Brownrigg stated that the City has been told it needs 400 units for low and very low income levels. This is a cost of $200 million. He stated that he doesn't see how the residential impact fees will get the City close to this number. Mayor Brownrigg stated that if the City undertakes inclusionary housing, managed by the City or a nonprofit, the City could target the moderate income levels like teachers that may be priced out of other affordable housing developments. Mayor Brownrigg stated that as staff discusses residential impact fees with stakeholders, they should also discuss inclusionary housing. He listed cities that have inclusionary housing requirements including San Bruno, Menlo Park, San Mateo, South San Francisco, Los Gatos, and Palo Alto. Mayor Brownrigg stated that he supported staff hiring a consultant to review the different options and determine which option is most likely to have an effect, what the timeframe would be, and what type of units could be produced. Burlingame City Council Unapproved Minutes 5 February 20,2018 Councilmember Keighran stated that she didn't want to mandate inclusionary housing. Instead, she wanted to give the developers the choice of inclusionary housing or residential impact fees. She stated that funding could be used to renovate existing housing stock in exchange for the landowner keeping the units affordable. Mayor Brownrigg concurred with Councilmember Keighran's idea because the City had a significant stock of relatively affordable units. He stated that the City needs to both build units and preserve affordable units. Councilmember Ortiz stated that he believed the Council should move forward with establishing tiers for residential impact fees and then create the in-lieu of fees program. He explained that the in-lieu program would take longer to research and create. However, he didn't want the City to delay implementing fees. Mayor Brownrigg stated that he understood Councilmember Ortiz's position but that he believed that much of the housing would be created after the amendments to the General Plan were finalized. However, he acknowledged that the City should signal to the market that fees and the in-lieu program are coming. Mayor Brownrigg stated that establishing the residential impact fees is about incentives: whether the City wants developers to choose inclusionary housing or pay the fees. Therefore, he didn't think it was appropriate to decide what the fees are prior to creating the in-lieu program. Vice Mayor Colson stated that Home for All conducted research on these types of fees and what had been shown to instigate new affordable housing. She suggested that staff reach out to Home for All to obtain their findings. Councilmember Keighran stated that the City needed to take a holistic approach where the fees and the in- lieu program are reviewed, researched, and established together. Councilmember Beach stated that she falls into the camp of being thoughtful and not rushing a decision. She stated that she recognizes Councilmember Ortiz's point about urgency but thought the Council needed to meet with stakeholders and further research their options. Vice Mayor Colson discussed that on page three of the staff report it states that "fees can be set per square foot, per unit, or by some other measure, and can only be applied to new development projects." She stated that another measure that could be applied is rent per square foot. Therefore, the City could incentivize developers to maintain an affordable rental rate for a certain time period. Councilmember Beach asked if the City could structure fees differently for different areas of the City. City Attorney Kane stated that she would need to do further research. Mayor Brownrigg asked if staff had direction. Planning Manager Gardiner replied in the affirmative and stated that staff would further research inclusionary housing. City Attorney Kane stated that the City's former inclusionary housing program required moderate rent for ten years, and it required that the unit mix be identical to the market mix. She explained that this had an 6 Burlingame City Council Unapproved Minutes February 20,2018 Agenda Item 8a Meeting Date: 3/05/LB Agenda Item 8a Meeting Date: 3/O5/tB interesting effect-because the below market rate period was so short, the developers built regular market units and designated a few as below market rate. She stated that you are building a very different type of housing in that example then if you said the BMR unit could be a workforce housing unit. However, the workforce housing unit will be more naturally affordable beyond the required time because it is less luxurious than other units. City Attorney Kane asked if the City Council wanted to give flexibility to the developers in regards to the type of housing under the in-lieu option. She stated that this would help staff with focusing their discussion with the different stakeholders. Councilmember Beach stated that she was in favor of providing developers flexibility because the goal is to build more affordable housing units. She asked that staff obtain input from the developers on other incentives that could assist in creating affordable housing. Additionally, she noted that she wanted the affordable units to stay affordable for a longer period of time than the City's former program. Mayor Brownrigg stated that he didn't believe the last BMR program worked well. He added that the previous program kept units affordable for 10 years, which was not long enough to justiflz an incentive. He stated that he leaned into mandating inclusionary housing because of the success that both Palo Alto and Los Gatos had with their programs. Councilmember Ortiz stated that he wanted to give the developers the choice of paying the fee or building inclusionary housing. Vice Mayor Colson discussed her concem that inclusionary housing isn't a permanent solution. She stated that projects like the one on the City's Lots F and N are more sustainable. Mayor Brownrigg asked the City Manager to work with staff on a proposed timetable for bringing this matter back to Council. 5. UPCOMING EVENTS Mayor Brownrigg reviewed the upcoming events taking place in the City 6. PRESENTATIONS a, PRESENTATION OF TIIE PARKS & RECREATION FOUNDATION AND LIONS CLUB DONATION Parks & Recreation Foundation representative Randy Schwartz and Burlingame Lions President Kwang Park presented the City Council with a check for over $ 18,000. Mr. Schwartz explained that the donation was for the Paloma Park improvements. The money was raised through a bocce toumament and brick selling campaign. Burlingame City Council Unapproved Minutes 7 February 20,2018 Agenda Item 8a Meeting Date: 3/05/LB They presented the City Council with a replica of the brick that the five Councilmernbers purchased for the park. Mayor Brownrigg and Councilmembers thanked the Parks and Recreation Foundation and the Lions Club for their hardwork and donation. b. CAROLAN AVENUE COMPLETE STREETS PROJECT UPDATE DPW Murtuza gave an update on the Carolan Avenue Complete Streets Project. He stated that it was one of the first of its kind on the Peninsula. The project was a team effort with TSPC, BPAC, residents, staff, and Council. DPW Murtuza stated that the project consisted of converting a four-lane roadway to two lanes. He stated that the reconfiguration added a single left-turn lane, new asphalt, and new Class II bike lanes and lane striping. The New Class II bike lanes are from Broadway to Oak Grove Avenue in both directions. The lanes are five to seven feet wide, with a three-foot buffer. These lanes were created to increase cyclist usage. Additionally the project assisted with pedestrian safety in a number of ways including: bulb-out curbs, traffic calming elements, updated ADA access ramps, and crosswalk improvements to the Caltrain pedestrian crossing. DPW Murtuza noted that staff is currently working on sustainable "green" landscaping. DPW Murtuza stated that the total cost of the project was $1.7 million. The project was funded by a $1 million federal grant and then a combination of Measure A, Measure M, and gas tax funds. Mayor Brownrigg stated that the project is terrific! He explained that he traveled the new roadway as both a motorist and a cyclist and believed it was better for both. Mayor Brownrigg asked when a similar project could be done to Califomia Drive. DPW Murtuza stated that staff is working on it. He explained that staff will be asking the Council for funding next fiscal year to undertake a feasibility study to better compete for grants. 7. PUBLIC COMMENT Scott Castillo from the Peninsula Conflict Resolution Center talked about two projects they are currently undertaking. The first is the Central County Prevention Partnership, which focuses on furthering prevention messages around alcohol and drugs. Mr. Castillo stated that the presentations are offered at no cost, and PCRC is looking to connect with schools, community organizations, and others to make these presentations. For more information go to: www.pcrcweb.ors. Secondly, PCRC is conducting their Every Day Heroes Event to recognize community leaders. To request a nomination form contact Juliet at: jvimahi@pcrcweb.org. Burlingame City Council Unapproved Minutes 8 February 20,2018 Agenda ftem 8a Meeting Date: 3/O5/La 8. CONSENT CALENDAR Mayor Brownrigg asked the Councilmembers and the public if they wished to remove any item from the Consent Calendar. No item was removed. Councilmember Ortiz made a motion to adopt the Consent Calendar; seconded by Councilmember Keighran. The motion was passed unanimously by voice vote, 5-0. a.MEETING MINUTES FEBRUARY City Clerk Hassel-Shearer requested Council's approval of the City Council meeting minutes from February 5,2018. b. ADOPTION OF A RESOLUTION APPROVING THE RECOMMENDED MEASURE I EXPENDITURE PLAN City Manager Goldman requested Council adopt Resolution Number 26-2018. c. ADOPTIION OF A RESOLUTION APPROVING A PROFESSIONAL SERVICES AGREEMENT WITH MOTT MACDONALD FOR THE ENGINEERING DESIGN SERVICES RELATED TO THE EASTON ADDITION SEWER REHABILITATION PROJECT AND CITYWIDE NEI OOD SEWER REHABILITATION IMPROVEMENTS. PHASE 4 AND 5. CITY PROJECT NO. 84193. AND AUTHORIZING THE CITY MANAGER TO EXECUTE TIIE AGREEMENT DPW Murtuza requested Council adopt Resolution Number 27-2018 d. APPROVAL OF THE WAIVER OF CITY PARI( RENTAL FEES FOR THE BURLINGAME LIONS CLUB'S THE.PARK 2018 Parks and Recreation Director Glomstad requested Council's approval of the waiver of City park rental fees for the Burlingame Lions Club's Cars-in-the-Park 2018. a. PUBLIC HEARING TO INTRODUCE AN ORDINAIICE AMENDING TITLE 12 OF THE BURLINGAME MUNICIPAL CODE TO UPDATE CIIAPTER 12.12 "SIDEWALK ANID PARICryAY MAINTENANICE' DPW Murfuza reviewed his staff report requesting a public hearing on an ordinance amending Title 12 of the Burlingame Municipal Code to update Chapter 12.12 "Sidewalk and Parkway Maintenance". He explained that at the December 4,2017 meeting, the City Council received an update from staff regarding the 50/50 9 Burlingame City Council February 20,2018 Unapproved Minutes 9. PUBLIC HEARINGS Agenda Item 8a Meeting Date t 3/05/LB Sidewalk Repair Program and staff s concerns about this program. He stated that the major challenges to the proglam were: . High administrative costs due to the significant staff time involved with implementing the program o Provision in the program that ensures that affected property owners will not be required to pay for sidewalks repairs within 12 years DPW Murtuza stated that at the December 4,2017 meeting, staff provided options to the Council regarding how to revise the program. After deliberating, the City Council directed staff to proceed with a sidewalk repair program that is fully City funded, to be implemented annually through the Capital Improvement Program. Mayor Brownrigg asked the City Clerk to read the title of the proposed ordinance. City Clerk Hassel- Shearer read the title. Councilmemb er Ortiz made a motion to waive further reading and introduce the ordinance; seconded by Vice Mayor Colson. The motion passed unanimously by voice vote, 5-0. Mayor Brownrigg opened the public hearing for public comment. No one spoke. Councilmember Beach explained that the proposed amendment removed the 50/50 program where the City pays 50% and the property owner pays 50% for repairs to the adjoining sidewalk. If the proposed amendment is approved, the City would pay 100o/o. She stated that she is not in support of this ordinance. She explained that the 50/50 program was generous because state law holds the property owner 100% responsible for the sidewalk in front of their property. Councilmember Beach stated that the 50/50 program provides the City with more funds to do what the community requested: repair sidewalks and potholes. She expressed concern about the faimess of changing the program when some residents already paid for repairs. She noted that in the list of things a property owner pays, having to pay a few hundred dollars every 12 years for sidewalk repairs is not a huge ask. Councilmember Beach stated that she believed that her colleagues approved of the City paying 100% of the sidewalk repairs because of Measure I passing. However, she stated that she had some concerns about that because she believed that the City told the community that Measure I funds would be used to repair more sidewalks and streets. She explained that she felt the City was subsidizing the sidewalk repair program with Measure I funds. Therefore, the City would have fewer Measure I funds to repair sidewalks and streets. City Attorney Kane stated that the proposed amendment retained the state law provision concerning the concurrent responsibility of the property owner to maintain their sidewalk. She explained that staff is just removing the 50/50 mechanism. She stated that the ordinance retains the City's ability to give notice to the property owner to repair their sidewalk. This would be used when the property owner has done something to degrade the sidewalk ahead of its scheduled repair. Burlingame City Council Unapproved Minutes 10 February 20,2018 Agenda Item 8a Meeting Datez 3/O5/L8 Councilmember Ortiz asked if Measure I specifically said what it was going to be used for. City Manager Goldman explained that because Measure I was a general tax, the City was prohibited from saying what the funds would be spent on. She noted that the campaign literature included discussion about street and sidewalk repair. DPW Murtuza stated that the change in the program allows staff to spend the funds that are used for administrative work to fix sidewalks. He also stated that it would expedite repairs to sidewalks. Mayor Brownrigg asked City Clerk Hassel-Shearer to publish notice of the proposed ordinance at least five days prior to the proposed adoption. 10. STAFF REPORTS AND COMMUNICATIONS a. PRESENTATION AND DISCUSSION F TRAFFIC. SAFETY AND PARKING COMMISSION PRIORITIES Commissioner Martos stated that TSPC was requesting input from the City Council on TSPC's proposed priorities for the year. He stated that at the first meeting of the year, the Commission brainstorms on topics that they would like to discuss that year. The priority list of 15 items was included in the staff report along with the list of TSPC subcommittees and traffic engineering reports. Commissioner Martos discussed the community led Bicycle Pedestrian Advisory Committee ("BPAC") and stated that TSPC holds open an agenda item for them once a month. Councilmember Ortiz thanked TSPC for their hardwork. He explained that downtown parking remains the number one complaint he hears from the community. Additionally, he noted that after riding LimeBike, he has become more aware of street safety issues. He stated that the City and TSPC need to continue to build bike infrastructure for the community. Councilmember Keighran asked for a clarification on TSPC's priority of "downtown modal access". Commissioner Martos stated that this was related to promoting other modes of transportation to get to the downtown areas like llber, LimeBike, shuttles, and walking. Councilmember Keighran discussed the tenth priority: "public shuttles/transit". She voiced her support for this item and stated that she wanted to see an east-west shuttle created. Councilmember Keighran asked about TSPC's 13th priority "intro to paving." Commissioner Martos stated this priority was an educational item for the Commission. Councilmember Beach voiced her appreciation for TSPC having this conversation as it helps to assist in outlining priorities and ensuring that all are on the same page. She explained that what she wanted to hear from the Commission is what they believe are the three top things that the City needs to fix. Burlingame City Council Unapproved Minutes 1l February 20,2018 Agenda Item 8a Meeting Date z 3/O5/LB Councilmember Beach discussed downtown parking and stated that until Council and staff set aside funds to study the issue and hire a consultant to better understand solutions, it won't get resolved. Councilmember Beach reviewed TSPC's priority of updating the bike/pedestrian plan. She stated that this is a top priority for her, as the City needs to become more accessible using alternative methods of transportation. She explained that updating the bike/pedestrian plan will help to aid congestion and the downtown parking issues. Councilmember Beach thanked TSPC for prioritizing safe routes to schools and shuttles. Councilmember Beach discussed TSPC's priority of grant opportunities. She stated that the professional staff and consultants can help dial TSPC in on grant opportunities and the more technical aspects. Commissioner Martos stated that the TSPC priority list is a rank order, therefore they likely won't get to those at the bottom of the list. He added that they regularly attend the farmers market to obtain public feedback. Commissioner Martos stated that grant opportunities was on the priority list so that TSPC has advanced notice and can plan for these opportunities. He stated that it is a regular quarterly item. Councilmember Beach stated that the grants cycle through and that she agreed that TSPC should weigh in. She explained that unless the City has a vision for what it wants to do, they won't get the gant. Therefore, TSPC should work on their vision and then the City should apply for grants as they come up. Vice Mayor Colson asked how the filming of the meetings is going. Commissioner Martos stated it was good and it was important that their meetings be on the record. Vice Mayor Colson asked if TSPC was looping in with Sustainability Coordinator Michael about the EV charging stations and other issues. Commissioner Martos replied in the affirmative. Mayor Brownrigg stated that the priority list is long. He explained that it would help him if there was another line under each item, where the Commission's goal was outlined. Mayor Brownrigg stated that he would like TSPC's help on two issues. The first is parking at the new Community Center, which the Council will need to figure out in the near future. Secondly, he discussed the possibility that the City may put a parking structure on Lot N and stated that it might be three, four, or five stories. He asked for TSPC's input on the value of each additional level. Mayor Brownrigg discussed the Lyon Hoag community concerns about traffic and parking. He stated that he is committed to organizingasession where Council can talk with the community about options like the residential parking permit program or traffic calming. Burlingame City Council Unapproved Minutes l2 February 20,2018 Agenda Iten 8a Meeting Date: 3/05/LB Councilmember Beach stated that she concurred with the Mayor's comments and that she wanted to thank TSPC for providing feedback on LimeBike. Mayor Brownrigg opened the item up for public comment. No one spoke. b. CONSIDERATION OF APPOINTMENTS TO THE MEASURE I CITIZENS OVERSIGHT COMMITTEE Mayor Brownrigg explained that Council interviewed the nine applicants: Neal Kauftnan, Stephanie Lee, Thomas McKay, John Pivirotto, Matt Feemster, Sandeep Shroff, Mary Hockridge, Joe Galligan, and Jim Baliex for appointment to the Measure I Citizens' Oversight Committee. Mayor Brownrigg opened the item up for public comment. No one spoke. City Clerk Hassel-Shearer gave each Councilmember a ballot to vote for five candidates and explained that the City Manager would then draw names for who would serve two-year terms. City Clerk Hassel-Shearer read the ballot of each Councilmember. Neal Kaufman, Mary Hockridge, Joe Galligan, Stephanie Lee, and Sandeep Shroff were selected. City Clerk Hassel-Shearer put these five names into a mug, gently agitated the mug, and then City Manager Goldman pulled two names to determine who would be assigned for two-year terms. At the end of this process it was determined that Neal Kaufman, Mary Hockridge, and Joe Galligan would serve three-year terms, and Stephanie Lee and Sandeep Shroff would serve two-year terms. Thank you to all who applied, and congratulations to those who were appointed. 11. COUNCIL COMMITTEE AND ACTIVITIES REPORTS AND ANNOUNCEMENTS Council reported on various events and committee meetings they each attended on behalf of the City a. MAYOR BROWNRIGG'S COMMITTEE REPORT b. VICE MAYOR COLSON'S COMMITTEE REPORT 12. FUTURE AGENDA ITEMS Councilmember Ortiz requested Council discuss the amount of staff time allocated to Councilmembers and whether they needed to establish limits. Vice Mayor Colson discussed the importance of wisely using the staffls time and suggested that the City Manager and City Attorney go to the Mayor if this concern arises. City Manager Goldman stated that she would work with the Mayor on this concern. 13 Burlingame City Council Unapproved Minutes February 20,2018 Agenda Item 8a Meeting Date z 3/O5/L8 Councilmember Keighran discussed the letter that Council received from Mrs. Flannigan voicing the concern of residents about the relocation of Mills Hospital's rehabilitation program and the decision to close the non- clinical fitness center. She stated that she wanted to make sure that Mrs. Flannigan, and the residents that signed the petition, knew it was outside of the City's jurisdiction. She asked that because Mayor Brownrigg had met with the residents that he respond to the letter. Mayor Brownrigg agreed that this was a good idea. Vice Mayor Colson talked about the inquiry the City Council received concerning smoking in commercial areas and on sidewalks. She stated that this was an issue that the staff and Council needed to keep in mind as the state marijuana legislation is implemented. She asked that this be kept on the Council's radar. 13. ACKNOWLEDGEMENTS The agendas, packets, and meeting minutes for the Planning Commission, Traffic, Parking & Safety Commission, Beautification Commission, Parks and Recreation Commission and Library Board of Trustees are available online at www.burlingame.org. 14. ADJOURNMENT Mayor Brownrigg adjourned the meeting at8,24 p.m. in memory of Brian May. Respectfully submitted, Meaghan Hassel-Shearer City Clerk Burlingame City Council Unapproved Minutes t4 February 20,2018 AGENDA NO: 8b STAFF REPORT MEETING DATE: March 5,2018 To:Honorable Mayor and City Council Date: March 5,2018 From:Syed Murtuza, Director of Public Works - (650) 558-7230 Kathleen Kane, City Attorney - (650) 558-7263 Subject: Adoption of an Ordinance Amending Title 12 of the Burlingame Municipal Code to Update Chapter 12.12 "Sidewalk and Parkway Maintenance" RECOMMENDATION Staff recommends that the City Council adopt the attached ordinance amending Title 12 of the Burlingame Municipal Code to Update Chapter 12.12 "Sidewalk and Parkway Maintenance" by: 1. Moving adoption of the proposed ordinance. 2. Directing the City Clerk to publish a summary of the ordinance within 15 days of adoption BACKGROUND At its December 4, 2017 meeting, the City Council received an update from staff regarding the 50/50 Sidewalk Repair Program, and the associated City Ordinance No. 1858-2010, which has been in place since 2010. Staff identified the following major challenges associated with the 50/50 Sidewalk Repair Program: High administrative costs due to the significant staff time involved with implementing the program. The provision in the program that ensures that affected property owners will not be required to pay for sidewalk repairs within 12 years. The program is cycling through repeated areas, and staff is increasingly finding that sidewalks that have been previously repaired in the last six years need to be repaired again. This makes it extremely difficult to implement the program in its current form. The City Council discussed the issues associated with the 50/50 Sidewalk Program and reviewed a number of options for the sidewalk repair program. After careful deliberation, and in consideration of the fact that the City has additional resources to put towards sidewalk repair thanks to the passage of Measure l, the City Council directed staff to proceed with a fully City- funded sidewalk repair program to be implemented annually through the Capital lmprovement Program (ClP) as may be approved by the City Council. a a 1 Adoption of an Ordinance Amending Title 12 of the Burlingame Municipal Code, Chapter 12.12 "Sidewalk and Parkway Maintenance" March 5, 2018 ln order to implement this direction, Tille 12 of the Burlingame Municipal Code needs to be amended to remove the provisions relating to the 50/50 Sidewalk Repair Program. Staff has accordingly prepared the attached Ordinance amending Chapter 12.12, Title 12 of the Burlingame Municipal Code for Council's consideration. At the February 20th City Council meeting, the Council introduced the proposed Ordinance and held a public hearing. After the conclusion of the public hearing, the Council directed staff to bring the Ordinance back for adoption. FISCAL IMPACT There are funds available in the current CIP from savings in prior years to cover the costs of the next cycle of sidewalk repairs. Funding for future sidewalk repairs will need to be programmed in future CIP budgets as may be approved by the City Council. Additionally, the recently passed Measure I will provide additional funding for sidewalk repairs in future years. Exhibits: . Proposed Ordinance . December 4,2017 Staff Report & Attachments - City Council Direction Regarding the 50/50 Sidewalk Repair Program 2 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BURLINGAME AMENDING CHAPTEF(Iz.I2 OF THE BURLINGAME MUNICIPAL CODE WHEREAS current Chapter 12.12 of the Burlingame Municipal Code provides for a 50ohl50Yo cost-sharing procedure for sidewalk repairs between the City and adjacent property owners; and WHEREAS this procedure has proven to be inefficient in securing funds for repairs and may impair the City's ability to react dynamically to the highest-need areas for repair; and WHEREAS the economic context for the cost-sharing program's initiation has changed, with the City being better able to cover the costs of needed repairs from available funds; and WHEREAS the City maintains over 1 16 miles of sidewalk and it is important that this sidewalk infrastructure be properly maintained to protect public health and safety of pedestrians; and WHEREAS State law imposes the duty to maintain the sidewalk on adjacent property owners, which duty is not relieved by this ordinance, but the City may concurrently exercise the right to identify and pay for necessary repairs as part of its own sidewalk program; and NOW, THEREFORE, the City Council of the City of Burlingame does hereby ordain as follows: DIVISION 1: Section 1: Burlingame Municipal Code Chapter 12.12 Sidewalk and Parkway Maintenance is hereby amended as follows (deletions denoted as strikethrough text and additions as underlined text): 12.12.010 Maintenance by property owners. The owners of properties adjacent to or fronting on any portion of an improved street or place, or a street whose area between the property line of the adjacent property and the street line is maintained as a park or parking strip, shall have a duty to maintain and shall maintain any sidewalk in such condition that the sidewalk will not endanger persons or property and in such condition that the sidewalk will not interfere with the public convenience in the use of those works or areas except as to those conditions created or maintained in, on, along or in connection with such sidewalk by any person other than the owner, under and by virtue of any permit or right granted to him or her by law or by the city authorities in charge thereof, and such persons shall be in a like duty in relation thereto. (Ord. 1858 $ 2, (2010)) A2.[2.O2O Notice to repair-Duty to repair-eptien+ When any portion of any sidewalk is defective, out of repair or pending reconstruction and/or in condition to endanger persons or property, or to interfere with the public convenience in the use thereof, the director of public works or designee shall notiff the owner or person in possession of the property abutting or fronting on that defective or out of repair portion of the sidewalk, to repair the sidewalk in the manner provided in this chapter and as approved by the Public Works Director or his/her designee in accordance with Public Works Standards. (Ord. 18s8 $ 2,(2010)) 12.12.030 Notice to repair-Service. The Public Works Director or his/her designee may notify the affected property owner of the need to repair sidewalk in accordance with the Streets and Highway Code. Notice to repair may be given by delivering a written notice personally to the owner or to the person in possession of the property abutting or fronting on that portion of the sidewalk so out of repaiqer @or by mailing a written notice pestagg?repaic to the person in possession of such property, or to the owner thereof at the last known address as the same appears on the last equalized assessment roll or to the name and address of the person owning suchpropertyasshownintherecordsofthe@SanMateoCounty Recorder's Office. (Ord. 1858 $ 2,(2010)) L2,L2.O74O Repairs pedormed by owner. Upon receiving a notice to repair, the property owner, within fourteen (14) days after receipt of the notice to repair, shall: (1) obtain an encroachment permit from the public works department; (2) commence perforrnance of the work, and diligently and without intemrption prosecute the work to completion; (3) be responsible for the full cost of the repair. If the property owner fails to timely obtain an encroachment permit and to commence and diligently prosecute the work without intemrption, the director of public works shall make such repair, and the cost of that repair shall be a lien on the property pursuant to the provisions of this chapter. (Ord. 1858 $ 2, (2010)) 12.12.050 Reoairs pefformed bv CiW. Notwithstanding the above provisions of this Chapter-*41?$10. the City Council may authorize the Director of Public Works or his/trer desienee to identify sidewalk repairs and implement a sidewalk repait BLaEala Iq oedestrian safetv concerns and to address compliance with the Americans with Disabilities Act as part of the Capital Improvement Propram. The focus of the work performed by the Public Works Department shall consist of sidewalk repairs to address pedestrian safetlz concems arisi# in the public pedestrian path of travel. and Americans with Disabilities Act improvements. and excludes all private driveway approaches and private walkways. Continuation of the sidewalk repair program by the Public Works Director is contingent upon availability of fundine. and mav terminate at arly timq determined by the City Council. The of the sidewalk repair prosram by the Public Works Director does not relieve the adjoining private property of their in Section 5600 Streets and Highway Code. and in Chaoter 12.10.010 above. ffiir= The pestal eard shall eentain a netiee te repair the sidewalk se eut ef repair and the eepy thereef printed en a eard ef net less than eight (8) inehes by ten (10) inehes in size; te be i€€-on ner mere than ten (10) ions. The netiee te repair shall ineltrde the speeifieatien ef the nerk reqtrired te be dene the ir+ The prepe*y ervner shall have trve (2) eptiens fer making the required sidervalk repairs: imer ervner's failure te timely respond shall eenstitute the ewner's assent te partieipate in the eity's "sidewalk repair pre$am," (erd, 1858 $ 2; (2010)) (a) If the preperty ervner has net eenrneneed the repair and preseetrted it te eernpletien rvith dr*e diligenee witheut interrsptienras required by the netiee and enereaetnnent peffniL er; if the prc in the same generat ffiea (b) The publie rverks direeter er designee shall determine the eest ef the partieular thaf+eeeireest (e) If the preperty ewner partieipates in the eity's "sidervalk repair pregrrn;" that peried ef twetve (12) Upen eempletien ef the repair werk; the direeter ef publie werks slrall de the fellerving: (a) Shall eause netiee ef the eest ef repairte be giren in the manner speeified in this ehapter fer the giving ef netiee te rwair, Sueh netiee shall speeify the day; henr; and plaee rvhen the eity eeuneil will hear and pass upen a rwert by the direeter ef publie werks ef the eest ef the (b) Shall prffare and file with the eity eeuneil a repert speeifying the+epairs whieh pareet eftand prepese te any number ef pareels efpreperty; whether eentigtrer*s te eaeh ether er net' (erd, 1858 $ 2; €0+e) ffi (a) r\t the time fixed fer the hering the eity eouneil shall hear and pass upen the raised by any ef the intereste*persens' (b) Thereupen, the eity eermeil may make sneh revisien; eerreetien er medi{ieatiens (e) The eity eer+neil may a4ierrn the hearings frenr time te time, (d) The deeisiens ef the eity eeuneil en all pretests and ehieetiens whieh may be (a) Thedireeter ef publie werks shall eanse te be kept a permanentreeerd eentaining by the eity in eausing sueh repair te be made; and all ineidental expenses in eenneetien (b) If the eity makes er eauses te be made the repair; the ehrges ineurred therefer is ehapter, The direeter ef finanee shall prepare and mail a statement fer the same te the last knewn L2.12.+;2€IO6O Costs-Assessment-Lien when. zt+er eengrming *te re assessrnentq For any repair for which notice was given under Section 12.12.040 of this Chapter and the costs of repair were borne by the City.citv council shall conduct a public hearing at rxrhich fhe l)irecfnr of Public Works chqll srrhffiif fhe nnfine qnrl cncfs q nni ofor{ .rriflr the and the property owner aqainst whom such repairs may be charqed shall have the opportunity to appear. dispute the and submit arzument or evidence in supoort of the orooertv owner's position. The affected property owner shall be provided notice at the address as provided in Section 12.12.030 via certified mail or hand delivery and registered at least 14 calendar davs prior to the meetins at which the item is to be heaql If. followine the public hearine. the thecifrr enrrncil defermines nhqrocc fn he nrnner the city council shall assess the cost of repair against the parcel of property fronting upon the sidewalk upon which such repair was made. Such cost so assessed, if not paid within thirty (30) days of mailing the invoice, shall constitute a special assessment against that parcel of property, and shall be a lien on the property for the amount thereof. Such lien shall continue until the assessment and all interest thereon are paid, or until it is discharged of record. (Ord. 1858 $ 2, (2010)) t2.t2.#3€l070 Filing of notice of lien with county recorder. The director of public works may file in the office of the county recorder a certificate substantially in the following form: NOTICE OF LIEN Pursuant to the authority vested in me by the Improvement Act of 1911, I did, on the - day of 2O-, cause the sidewalk, curb, or park or parking strip, bulkheads, retaining walls or other works (as the case may be) in front of the real property hereinafter described, to be repaired and improved, and the City Council of the City of Burlingame did, on the - day of -,20-,by Resolution No. _ assess the cost of such repair upon the real property hereinafter described, and the same has not been paid nor any part thereof, and the said City of Burlingame does hereby claim a lien on said real property in the sum of _ DOLLARS ($ ), and the same shall be a lien upon said real property, with interest at the rate of 7 percent per annum, from the said - day of 20-, has been paid in full and discharged of record. The real property hereinbefore mentioned and upon which a lien is claimed, is that certain piece or parcel of land lying and being in the City of Burlingame, the County of San Mateo, State of California, and particularly described as follows, to wit: (DESCRTPTTON OF PROPERTY) Dated this _ day of 20-. Director of Public Works (Ord. 1858 $ 2, (2010)) L2.L2J{/JIO80 Effect of recordation of lien notice. (a) From and after the date of the recording of the notice of lien, all persons shall be deemed to have had notice of the contents thereof. The notice of lien may include claims against one or more separate parcels of property, whether contiguous or not, together with the amount due, respectively, from each such parcel. (b) The statute of limitations shall not run against the right of the city to enforce the payment of the lien. (c) If any such lien is not paid, the city may file and maintain an action to foreclose such lien in the same manner and under the same procedure, so far as applicable, as that under which delinquent bonds are foreclosed under Division 6 of the Streets and Highways Code. (Ord. 18s8 $ 2,(2010)) 12.12.{5e090 Co!lection of lien with regular taxes. As an altemative method of collecting the amount of the lien, the city council, after confirmation of the report of the director of public works, may order the notice of lien to be delivered to the county auditor. The county auditor shall enter the amount thereof on the county assessment book opposite the description of the particular property and the amount shall be collected together with all other taxes thereon against the property. The notice of lien shall be delivered to the county auditor before the date fixed by law for the delivery of the assessment book to the county board of equalization. (Ord. 1858 $ 2, (2010)) 1.2.L2.l@-00Time and manner of collection-Penalties-Foreclosure procedure. Thereafter, the amount of the lien shall be collected at the same time and in the same manner as ordinary city taxes are collected, and shall be subject to the same penalties and interest and to the same procedure under foreclosure and sale in case of delinquency as provided for ordinary city taxes. All laws applicable to the levy, collection, and enforcement of city taxes are hereby made applicable to such special assessment taxes. (Ord. 1858 $ 2, (2010) 12.L2.#rcL1O Proof of service of notice. Proof of the posting or mailing of any notice, order, or determination provided for in this chapter may be made by the affidavit of the person posting or mailing such document annexed to a copy thereof. The affidavit shall specify the date when or at which the document was posted or mailed, as the case may be. The director of public works shall keep the affidavits of posting or mailing. No error in the name or address shall affect in any manner the validity of the procedure or any lien imposed hereunder. (Ord. 1858 $ 2, (2010)) 12.12.{Se120 Legality of charge. No charge, or any act relating to such charge, or the collection of the same hereunder shall be illegal on account of informality or because the same was not completed within the time requiredbylaw. (Ord. 1858 $ 2,(2010)) DIVISION 2: If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance. The Council declares that it would have adopted the Ordinance and each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid. DIVISION 3 This Ordinance shall be published in a newspaper of general circulation in accordance with California Government Code Section 36933, published, and circulated in the City of Burlingame, and shall be in full force and effect thirty (30) days after its final passage. MICHAEL BROWNRIGG, Mayor I, MEAGHAN HASSEL-SHEARER, City Clerk of the City of Burlingame, do hereby certifu that the foregoing ordinance was introduced at a regular meeting of the City Council held on the dayof-,20l8andadoptedthereafterataregularmeetingoftheCityCouncil held on the _ day of 2018, by the following vote: AYES: COUNCILMEMBERS: NOES:COLINCILMEMBERS ABSENT: COLINCILMEMBERS ATTEST MEAGHAN HASSEL-SHEARER, City Clerk STAFF REPORT AGENDANO: 10d MEETING DATE: December 4,20'17 To:Honorable Mayor and City Council Date: December 4,2017 From: Syed Murtuza, Darector of Public Works - (650) 558-7230 Subject: Gity Council Direction Regarding the 50/50 Sidewalk Repair Program RECOMMENDATION Staff recommends that the City Council receive an update regarding the 50/50 Sidewalk Program and provide direction to staff. BACKGROUND Prior to the 2001 economic downturn, sidewalk repairs were fully funded from the City's General Fund. Due to declining General Fund revenues in the early to mid-2000s, the City Council implemented a pilot sidewalk repair program that was fully funded by the adjoining property owners in accordance with State regulations. This program resulted in strong opposition from property owners and very high staff administrative costs to implement the program. As a result, except for sidewalks fronting City properties and interim repairs consisting of asphalt patchings and grindings, the City did not undertake major sidewalk repairs for the next several years. ln an effort to address the continuing backlog of sidewalk repairs, in October 2010 the City Council adopted the 50/50 Sidewalk Repair Program (SRP) in October 2010 (City Ordinance No. 1858-2010). The ordinance provides for sharing the costs of the sidewalk repairs at a 50/50 participation level between the City and the adjoining property owners, and dictates procedures for implementing the program. The ordinance also includes a clause stating that property owners who participated in the program would not be required to pay for the same sidewalk repairs again for a period of 12 years. DISCUSSION The administrative costs associated with the 50/50 SRP have historically been more than double those of the previous 100% City-funded sidewalk repairs program. The 50/50 SRP is extremely process intensive and requires significant staff time dealing with hundreds of property owners to obtain their buy-in to implement the program. ln accordance with the program procedures, staff spends significant time performing initial field markings; preparing accurate sidewalk quantity reports; issuing multiple notifications to hundreds of affected property owners of sidewalk repair needs; providing estimates; meeting with property owners in groups and one-on-one to resolve disputes and address concerns; updating individual property work-quantities as the work progresses; and preparing the final report after completion of work. Due to these additional tasks 1 Council Direction Regarcling the 50/50 Sidewalk Repair Program December 4, 2017 and the number of properties typically involved in the program, it takes an additional 10 to 12 months of time to complete the project along with high administrative costs (see the attached Sidewalk Program Adminishative Costs Analysis for details). Since the implementation of the 50/50 SRP in 2010, the Public Works Department has constructed over $2,500,000 of sidewalk repairs and ADA curb ramps improvements, and has completed one full cycle of repairs covering the city. Overall, the 50/50 SRP was effective, as a large majority of repairs have resulted in safe sidewalks for pedestrians' use throughout the city. However, staff is now planning the next cycle of the sidewalk repairs and finding that significant portions of sidewalks that need repairs are the same sidewalks that have been previously repaired in the 50/50 program cycles in the last six years. This presents a major problem in implementing the 50/50 SRP going forward as the current ordinance prohibits the City from charging the adjoining property owners for the same sidewalk repairs for a period of 12 years. Staff believes that significant additional administrative time will be needed to research and differentiate each repair location to ensure the City is not charging the property owner for the same sidewalks again. This task will be in addition to the various other tasks required to implement the program as described above. OPTIONS Staff has identified three options for the City Council's consideration and direction Ootion A - Continue with th e current 50/50 Proqram The advantage of this option is that property owners are encouraged to participate in the program, providing additional revenue to the City, though that revenue may be decreasing from previous years due to the prohibition clause in the ordinance. The disadvantage of this option is that it will take significantly longer to complete the project and will further increase administrative costs because of the complexity of distinguishing between new repairs versus the recurring ones, and increased risk exposure. Ootion B - Revert back to the prev ious 100% Citv funded Prooram The advantage of this option is that it will allow the City to expedite sidewalk repairs as there will be no requirements to follow the time-intensive Streets and Highways Code procedures. As a result, the administrative costs associated with sidewalk repairs could be significantly reduced, along with reduced exposure of risk to the City. From the property owners' perspective, this may be viewed as an advantageous option because they would not be required to pay for the sidewalk repairs costs. However, from a financial perspective, the City would not be receiving the property owners' contributions for their sidewalk repair costs. OotionC-Modifvthe current 50/50 Proqram This option retains much of the current sidewalk program in place, including the following the Streets and Highways Code procedures. Under this option, the City would remove the clause in the Ordinance that prohibits charging property owners for the recurring sidewalk repairs costs for a period of 12 years. ln this option, all property owners, regardless of whether repairs were done previously or not, would continue to pay for 50% of the costs of sidewalk repairs in front of their properties. This option will remove the difficulties associated with identifying new repairs versus 2 Council Direction Regarding the 50/50 Sidewalk Repair Program December 4,2017 the recurring ones in front of affected properties. However, there will continue to be high administrative costs, and repairs will take an inordinate length of time due to the need to follow the Streets and Highways Code procedures. ln addition, the property owners who have previously participated in the program may voice opposition to the program as they were previously exempted from paying for the same sidewalk repairs for a period of 12 years. FISCAL IMPACT Staff anticipates that continuing with the current 50/50 Sidewalk Repair Program will result in significantly higher administrative costs, while financial participation from adjoining property owners may decrease due to repeat areas. Conversely, the administrative costs for implementing the 100% City funded sidewalk program would be significantly less. Exhibits: . Ordinance 1858-2010 . Sidewalk Program Administrative Costs Analysis 3 ORDINANCE NO. 1 8s8-20I-0 AN ORDINANCE OF THE CITY COU}ICI OF'TIIE CITY OF BURLINGAME AMENDING CHAPTER 12.12 OF T}IE BI]RLINGAME MUMCIPAL CODE TO IMPLEMENT A CITY/PRTVATE PROPERTY OWNER SIIARED SIDEWALK REPAIR PRO GRAM The City Council of the City of Burlingame finds as follows: Section 1. Factual background The City maintains over 116 miles of sidewalk, a significant portion of which is aging and is impacted by the tree roots resulting in cracks and separations requiring repair. Providing fi'ontage access for Burlingame residents and businesses and serving as a primary pedestrian facility, the sidewalks are an essential part of the City infrastructure, It is ilnportant that the sidewalk infrastructure be ploperty maintained to protect the public health and safety of the pedestrians and minimize liability to property owners and the City as a whole, In the past year, the economic condition of the country, the State, the region and the City of Burlingame, has deteriorated significantly. The stagnant economy has had a direct effect on the ability of the City to taise tevenue tluough sales and occupancy taxes to fund the maintenance and repair of City sidewalks' The Califomia Streets and Highways Code requires that adjoining private property owners maintain the sidewalks in front of theil property. In an effort to discover funds for sidewalk repair, the Council evaluated several options. Aftel a complehensive analysis of options available, the Council directed staff to proceed with a 50/50 sidewalk repah pro$am with the objective of funding sidewalk repail in a manner that will reduce the financial and logistical burden to both property owners and the City. NOW, THEREFORE, THE CITY COUNCIL OF THE CrTY OF BURLINGAME DOES ORDAIN AS FOLLOWS: Section 2. Amendment to Burlingame Municipal Code Chapter 12.12 Chapter 12.12 of the Burlingame Municipal Code is hereby repealed and a new Chapter 12,12 is hereby enacted to read as follows: "Ch a pter L2,L2 SID EWALK AN D PARKWAY MAI NTE NANCE 12.12.01O Maintenance by property owners. The owners of pioperties adjacent to or fi'onting on any portion of an improved street or place, or a street whose area between the ploperty line of the adjacent property and the street line is maintained as a park or parking strip, shall have a duty;o rnaintain and shall maintain any sidewalk in such condition that the sidewalk will not endanger persous or property and in such condition that the sidewalk will 1ot interfeie with the public convenience in the use of those works or areas except as to those conditions created or maintained in, on, along or in connection with such sidewalk by any pelson oth.er than the owner, under and by virtue of any permit or right granted to him by law or by the city authorities in charge theLiof, and such persons shall be in a like duty in relation thereto. 12,12.02O Notice to reoair-DuW to repair---Options' when any portion of any sidewalk is defective, out of repair or pending reconstruction and/or in condition to endanger persons or property, ot to interfere with the public convenience in the use thereof, the director of public wolks or desigpee shall notify the owner or person in possession ofthe property abutting or fronting on that defective or out of repair portion of the sidewalk, to repair the sidewalk in the mallner provided inthis afiicle,. 12. 1 2.03O Notice to repait*Service. Notice of repair may be given by delivering a written notice personally to the owner or to the p"rion in possession of the property abutting or fronting on that portion of the sidewalk so out of repair, or by mailing a postal cald, ot by mailing a wrigen notice postage prepaid to the person in possession of such property, oI to the owner thereof at the iast known address as the same appeals on the last equalized assessment roll or to the name and address of the person owning such pioperty as shown in the records of the office of the city clerlc' 12.12.040 Notice to repair The postal card shall contain a notice to repair the sidewalk so out of repair and the d-irector of public works or designee shall, immediately upon the mailing of the notice, .aui" u copy thereofprinted on a card ofnot less flian eight inches by ten inches in size, to be posted in a conspicuoirs place on the property. ln lieu of postiug-a-e-opyoft he$ai!e!aolice-91t-hqprqpg{v1spr9vid.44gtYl,lhg ifector of Public Works ol designee, not less than seven nor more than ten (10) days after the mailing of the first notice to repair, may mail an additional notice to repair, postage prtpuid, marked "second Notice," to the pelson to whom the first postaicard oi ,riti"" was addressed. The second notice shall otherwise contain the material required by this article 12.12. 050 Notice to repair-Contents-Options. The notice to repair shall include the specification of the wotk required to be done the manner of how the worlc is to be done and the materials to be used in the repair, The notice shall provide two options available for the property owner to make the sidewalk repair, The notice shall provide a fom for the property owner to use to notiff the Department of Public Worhs of the sidewalk repair option selected. And the Notice shall include the information contained in section 1,2.12,070 12.12.050 Options to Make Repairs. The property owner shall have two optionS for making the required sidewalk repails: a) participation in the CrW's "Sidewalk Repair Program" or, b) performance of repairs him/herself. The property ownel shall indicate on the form included with the notice which option the property owner chooses and shall deliver said form to the City within fourteen (14) days, The owner's failure to timely respond shall constitute the owner's assent to participate in the City's "Sidewalk Repair Program". 12.12.070 Reoairs Performed By Owner If electing to perform the repairs him/herself, the property owner, within fourteen (14) days after receipt of the notice to repair, shall: a) obtain an encroachment permit fi'omthe Public Works Department; b) commence performance of the wolk, and diligently and without intenuption prosecute the work to completion; c) be responsible for the fuIl cost of the repair'. If the property owner fails to timely obtain an encroachment permit and to commence and diligently prosecute the work without intenuption, the director of public works shall make such repair, and the cost of that repair shall be a lien on the property pursuant to the provisions of this Chapter. - A. If the propefty owner has not commenced the repair and prosecuted it to completion with due diligence without intemrption, as required by the notice and encroachunent pelmit, or, if the ploperty olmrer chooses to participate in the City's "sidewalk Repair Program", the director of public works shall repair the sidewalk in conjunction with other sidewalk repairs in the same general area pursuant to the provisions of this Chapter. B. The Public Works Director or designee shall determine the cost of the particular repair to the property owner's sidewalk; property owner shall be responsible for 50o/o of that total repair cost and City shall be responsible for the other 50% ofthat repail cost. C. If the property owner participates in the City's "Sidewalk Repair Program", that property owner shall not be required to pay for lepair of the same portion of sidewalk again for a period of twelve (12) years after the date of completion of the repair. The limitation of this subsection shall only apply as long as the property owner who paid for the repair remains the porerty owner of the adjacent property. 12.12.090 Notice, report, and public hearing on repairs and costs. Upon completion of the repair work, the director of public works shall do the following: A. Shall cause notice of the cost of repair to be given in the manner specified in this article for the giving of notice to repair. Such notice shall specifiT the day, irour, and place when the city council will hear and pass upon a report by the director of public works of the cost of the repair, together with any objections or protests, if any, which may be raised by any property owner liable to be assessed for the cost ofsuch repair, and any other interested persons. B. Shall prepare and file with the city council a report speciffing the repairs which have been made, the cost of the repairs, a description of the teal ploperty (by address or parcel number) in front of which the repairs have been made, and the assessment against each lot or parcei of land proposed to be levied to pay the cost thereof. Any such. report may include repairs to any number of parcels of property, whether contiguous to each other ol not. 12 .12.100 Report-Hearinq. A, At the time fixed for the hearing flre city council shall hear and pass upon the report of the director of public works, together with any objections or protests which may be raised by any of the properly ownels liable to be assessed for the l:ep3u:ulorkeafuqv__q1h9ttgt_erqqlg4 B. Thereupon, the city council may make such revision, correction or modifications in the report as it rnay deem just. Afterwards the city council may confirm the report as submitted, revised, corrected, or modified. C, The city council rnay adjourn the hearings fi'om tirre to time D. The decisions of the city council on all protests and objections which rnay be made shall be final and conolusive. 12.12.110 Records of director of public works. A. The director of public wotks shall cause to be kept a permanent record containing the description of each parcel of property upon which a notice to repair has been posted, the name of the ownel, if known, the date on which such notice was posted, and the charges incurred by the city in causing such repair to be made, and all incidental expenses in connection therewith. Each such entry shall be made as soon as practicable after completion of each act. B. If the city makes oI causes to be made the repair, the charges incurted therefore shall be determined by the director of public works in accordance with the provisions of this Chapter. The director of finance shall prepare and mail a statement for the same to the last known addtess of the owner of the property. 12.12.120 Costs-Assessment-Lien when. After confirming the repofi, determining any objections or protests and confirming the assessments, the City Council shall assess the cost of repair against the parcel of property fronting upon the sidewalk upon which such repair was made. Such cost so assessed, if not paid within thirty (30) days of mailing the invoice, shall constitute a special assessment against that palcel of propefty, and shall be a lien on the property fol the amount thereof. Such lien shall continue until the assessment and all interest thereon are paid, or until it is discharged of record. 12.12.130 Filino of notice of lien with counW recorder. The director of public works may file in the office of the county recorder a certificate substantially in the following form: NOTICE OF LIEN Pursuant to the authority--ve-slc-d-iu me bylh-ellqplSyqmg$Act of 191 1,-!{.1d, 9q the day of . 20-, cause the sidewalk, curb, ol palk or parking strip, bulkheads, retaining walls or other wotks (as the oase may be) in fi'ont of the real property hereinafter described, to be repaired and improved, and the City Council of the City of Burlingame did, on the day of . 20-,by Resolution No, -assess the cost ofsuch repair upon the real propeffy hereinafter described, and the same has not been paid nor any part thereof, and the said City of Burlingame does hereby claim a lien on said real plopefty in the sum of - DOLLARS ($--J, and the same shall be a lien upon said real properly, with interest at the rate of 7 percent per annum, from the said day of -,20-,has been paid in full and discharged of record. The real property hereinbefore mentioned and upon which a lien is claimed, is that certail piece ol parcel of land lying and being in the City of Burlingame, the County of San Mateo, State of Califomia, and parlicularly desoribed as follows, to wit: i (DESCRIPTION OF PROPERTY) Dated this - daY of 20-. Director of Public Works 12.12.140 Effect of recordation of lien notice. A. From and after the date of the recording of the notice of lien, all persons shall be deemed to have had notice of the contents thereof, The notice of lien may include clairns against one or mole separate parcels of property, whether contiguous oI not, together with the amount due, respectively, from each such parcel. B. The statute of limitations shall not run against the right of the city to enforce the payment of the lien. c. If any such lien is not paid, the city may file and rnaintain an action to foreclose such lien in the same manner ar.rd under the same procedure, so far as applicabie, as that under which delinquent bonds are foreclosed under Division 6 of the Streets and Highways Code. 12.12.150 Collection of lien with reqular taxes. As an alternative method of collecting the amount of the lien, the city council, after confirmation of the report of the ditector of public works, may order the notice of lien to be delivered to the county auditor'. The county auditor shall enter the amount thereof on the county assessment book opposite the description of the particular property and the amount shall be collected togethel with all othel taxes ih"r.on against the property. The notice of lien shall be delivered to the county auditor before the-date-flxed-by-1aw-for'the delivery oflthe'assessment book to the --- county board of equalization. 1 2. 12. 160 Time and manner of collection-Penalties-Foreclosure Drocedure. Thereafter, the amount of the lien shall be collected at the same time and in the same manner as ordinary city taxes are collected, and shall be subject to the same penalties and interest and to the same procedure under foreclosure and sale in case of d"linqu"ncy as provided for ordinary city taxes. All laws applicable to the levy, collection, and enforcement of city taxes are hereby made applicable to such special assessment taxes, 12.12.170 Proof of service of notice. Proof of the posting or mailing of any notice, order, or deternrination provided for in this arlicle may be made by the affidavit of the person posting or mailing such document annexed to a copy thereof. The affidavit shall specify the date when or at which the document was posted or mailed, as the case may be. The director of public wolks shall keep the affidavits of posting or mailing. No enor in the name or address shall affect in any manner the validity of the procedure or any lien irnposed hereunder. 12.12.180 Leqality of charoe. No charge, or any act relating to such charge, or the collection of the same hereunder shail be illegal on account of informality or because the same was not completed within the time required by law. Section 3. This ordinance shall be published as required by law. CathyBaylock, Mayor I, Mary Ellen I(earney, City Clerk of the City of Burlingame, do hereby certiff that the foregoing ordinance was inh'oduced at a regulal rneeting of the City Council held on the 2)th day of Septemb er,2Ol0, and adopted thereafter at a regular meeting of the City Council held on the 18th day of October, 201.0,by the following vote: AYES: NOES: ABSENT: Councilmembers: Councilmembers: Councilmembers: BAYLOCK, BROI.{NRIGG, DEAL, KEIGERA}I, NAGEL BROWNRIGG I1Y,l Mary , city tl^ Sidewalk Program Costs From 2001 to Present Analysis of Administration/lnspection Costs with Respect to Construction Costs Note; All Sidewalk Programs include sidewalks in front of City owned propertie5 and improvements such as ADA ramps and curb and gutter as identified by the projed Proiect No.Conslructlon Total Property Owners' Contribution Admlnlstration/lnspectlon Costs Admin Costs (& &nrtrudbn Gtttl Remarks 83820/84240 s333,288 s154,928 7gn 50/50 Program 83160 sr72,870 5167,622 23%50/50 ProgEm 83050 s1ss,s02 s103,6s8 22%50/50 Progra m 82070(21 s131,s63 29%50/50 Program 81460 53s,615 a./.lodl city Funded Program (City Properties Only & ADA Ramps/curb/Gutters) 82070(1)s34,413 a%10O% City Funded Program (City Properties Only & ADA Ramps/Curb/Gutters) 80950 5720,237 4*,4 100% Funded by Property Owners 80700 s63,588 7en 100% City Funded Program 80270 s71,43s 7da 100% City Funded Program rlscar vear I 2o1s-2015 | s936,s44 2014-201s I s718,700 zorz-zor: I s/63,700 2011-2012 | s4s4,143 sr42,462 2oo8-2oos | 542s,4es 2m7-2008 | s414,276 2oo4-2oos I s2s1,478 s41,s31 2002-2003 | s629,34e 2(f,L-2oo2l s708,360 STAFF REPORT AGENDANO: 8c MEETING DATE: March 5,2018 To:Honorable Mayor and City Council Date: March 5,2018 From: Margaret Glomstad, Parks and Recreation Director - (650) 558-7307 Subject:Adoption of a Resolution Authorizing the City Manager to Procure a Prefabricated Restroom from CXT, Inc. and Execute an Agreement with Timberline Engineering for the Site Preparation for the Washington Park Restroom Project RECOMMENDATION Staff recommends that the City Council adopt a resolution authorizing the City Manager to procure a prefabricated restroom from CXT, lnc. at a cost of $99,690.20 through the National Joint Powers Alliance (NJPA) and execute an agreement with Timberline Engineering for the site preparation for the Washington Park Restroom Project, City Project No. 85050, in the amount of $10,650. BACKGROUND The existing restroom structure in Washington Park is 20 years old, in disrepair, and does not meet current accessibility standards. DISCUSSION The City will purchase a prefabricated restroom from CXT directly through the NJPA, a purchasing cooperative, at a cost of $99,690.20 (Exhibit B). NJPA is a procurement option for local governmental agencies that establishes and provides nationally leveraged and competitively solicited purchasing contracts under the guidance of the Uniform Municipal Contracting Law. The product is then purchased directly from the manufacturer. The new restroom structure will consist of two rooms with toilets and urinals, one changing table, motion sensor LED lights, on demand water heater, stainless steel fixtures, hand dryers, and soap dispensers (Exhibit C). The site work (pad)was bid out in a lump sum proposal for all the labor and materials required to complete the site work for the installation of the restroom structure. The City received three bids (Exhibit D), ranging in price from $10,650 to $13,500. Timberline Engineering submitted the lowest responsible bid in the amount of $10,650. The bid results were as follows: 1. Timberline Engineering $10,650 1 Washington Park Restroom Purchase and Site Preparation Contract March 5,2018 2. Bay Area Paving 3. Sunrise Grading and Paving $13,500 Non-responsive FISCAL IMPACT The following are the estimated project expenditures: CXT, lnc. Restroom $99,690.20 Site Preparation $10,650.00 Temporary Porta Potties $600.00 15% Contingency $16,551 .03 Total $127,491.23 There are adequate funds available in the Parks and Tree Capital lmprovement Program budget for the Washington Park Restroom project. Exhibits: o Resolution . Purchasing Agreement for CXT Restroom o Schematic of CXT Restroom o Bid Summary o Agreement with Timberline Engineering 2 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME AUTHORIZING THE CITY MANAGER TO PROCURE A PREFABRICATED RESTROOM FROM CXT,INC.; AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH TIMBERLINE ENGINEERING FOR THE SITE PREPARATION FOR THE WASIIINGTON PARK RESTROOM PROJECT WHEREAS, the City of Burlingame has identified the Washington Park restroom structure for replacement due to poor condition and accessibility issues; and WHEREAS, the City has taken appropriate steps to purchase a prefabricated restroom from CXT, Inc. through the National Joint Powers Alliance, a purchasing cooperative, in the amount of $99,690.20; and WHEREAS, the City received three bids for the site preparation; and WIIEREAS, Timberline Engineering submitted the lowest responsive and responsible based bid for the project in the amount of $10,650. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BURLINGAME RESOLVES AND ORDERS: 1. The facts in the recitals above and in the staff report are true and correct. 2. The Plans and Specifications are approved and adopted. 3. The bid from Timberline Engineering in the amount of $10,650 is the lowest responsive and responsible bid for said project and is accepted. 4. The City shall enter into a contact with the successful bidder, Timberline Engineering, for the Washington Park Restroom Project, City Project No. 85050, and the City Manager is authorized on behalf of the City of Burlingame to execute said contract. 5. The City shall purchase the prefabricated restroom from CXT, Inc. through a NJPA contract for $99,690.20. Michael Brownrigg, Mayor I, Meaghan Hassel-Shearer, City Clerk of the City of Burlingame, certify that the foregoing resolution was introduced at a regular meeting of the City Council held on the 5th day of March, 2018, and was adopted thereafter by the following vote: AYES: NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: Meaghan Hassel-Shearer, City Clerk Exhibit B Page 1 of4 Quote #; BFROS03FEW-S trxr @ Gity of Burlingame 850 Burlingame Ave Burlingame, CA 94010 , lnc. an L.B. Foster Company Mailing Address: CXT Incorporated, an LBFoster Co. 3808 North Sullivan Road Bldg. #7 Spokane Valley, WA 99216 Phone: (800) 696-5766 Fax: (509) 928-8270 Date: 01/09/2018 To: Our quotation for the Ozark ll Modified building is as follows: NUPA Prlcing for Gity of Burlingame, CA Member #1625 CXT Custom Ozark ll Pio Pico - With CEDAR SHAKE textured CONCRETE roof and CUSTOM SMOOTH textured CONCRETE Exteriorwalls ( in customers choice of colors), ALL DOORS lN FRONT OF THE BUILDING, 3- 3068, 16 Gauge galvanized steel doors and frames, with HEAW DUTY SECURIW LOUVERS for restroom doors, TOWNSTEEL ELECTRONIC MORTISE LOCK SYSTEM and Thumb turn Occupied latch deadbolt on restroom doors only, Classroom latch on chase door with deadbolt. Vitreous China (porcelain) Plumbing Fixtures (2-Lavatories, 2-Waterclosets and 2-Urinals), 2- Stainless Steel-Saniflow THRU WALL HAND DRYERS, 2- SS THRU WALL SOAP DISPENSERS, One 4 GaIIon On Demand WATER HEATER tor Temperate water, 1- Exterior recessed locking GFI box, 1- Plastic KB 200 (Grey) KOALA BABY CHANGING TABLE WITH SIGN, 2-Ertra vents in walls instead of fans, 3-gauge system and water pressure regulator, 1- GFI in chase, 1-Hose bib in chase, Motion controlled interior LED lights and Photoelectric exterior LED lights. This quote does not include any site work (See option #2 below) as per drawing #17439P THIS BUILDING INCLUDES THE FOLLOWING: > DRAWINGS - CA Stamped Drawings, CA Stamped Calculations, CA STATE Registrations and building pad construction drawings. > FREIGHT - The freight of your building from Spokane, WA to destination in and around the City park.($8,91 8.37). > CRANE - CXT will include up to a 100ton crane in the cost of the building - A crane company must inspect the site prior to delivery to confirm accessibility and safe installation, if a larger crane is needed we will add to the cost as a change order which needs to be approved prior to installation. > UTLITY HOOK UPS - CXT will hook up the buildings utilities from the buildings pad to the building with a licensed GC.($2,255.00) Note: CXT must have complete site accessibility for a Crane and Truck/Trailer for the buildings delivery. FOB Spokane, WA to destination in and around the City Park, Burlingame, CA. Utility Hook Ups CAState Tax 8.750% Freight Per Buildino $81,394.78 $2,2ss.01 $7,122.04 $8,918.37 $99,690.20 Page 2 ot 4 Quote #: BFROS03FEW-5 @ , lnc. an L.B. Foster Company Mailing Address: CXT lncorporated, an LBFoster Co. 3808 North Sullivan Road Bldg. #7 Spokane Valley, WA 99216 Phone: (800) 696-5766 Fax: (509) 928-8270 Date: 01109/2018 *ffi To:Gity of Burlingame 850 Burlingame Ave Burlingame, CA 94010 FOB: Terms: Notes: Freight FOB Plant Prepaid and Add Net 30 with CreditApproval. Sales tax not included Number of Units: _ This quotation is subject to the conditions on the attached sheet and the terms hereof shall constitute the exclusive agreement of the padies and all conflicting or additional terms in Buyer's purchase order or any other such documents of Buyer shall have no force or effect. Accepted this _ day of_ 20- (Customer Name) (Signed) L.B. FOSTER COMPANY By Brian Frost BFrost@lbfoster.com Quote #: BFRO503FEW-5 Page 3 of4 CONDITIONS OF SALE 1. Taxes: Prices excludo all FederaUState/Local taxes. Tax will be charged where applicable if customer is unable to provide proof of exemption . 2, Pavm6ntT6rms Paymenl to CXT by thg purchaser shall b6 made net 30 days after the submission of the invoice to the purchaser. lntergst at a rate equal to the lower of (i) the highest rate permift€d by law; or (ii) 1.5% per month will b€ charged monthly on all unpaid lnvoic€s beginnlng the 35th day (includes 5 day grac€ poriod) from lhe datE of lhe invoice. Under no circumstanc€s can a rgtention b€ laken and purchaser shall pay the full invoiced amount without offset or reduction . Thase terms are available upon appmval of credit. lf CXT inltiates legal proc€eding to collecl any unpaid amount or other dlspule arislng out of or relating to this Quote , purcfaser shall be liable for all of CXTS costs, sxpenses and atlome)rs fees associaled with such litigatlon, includlng the fees and cosb ofany appeal. 3. @g!e!!!j&Il0: This ofier is subjecl to acceptance within 60 days ftom lhe date of this quotration. Afler that llme, pricas are subjecl to change wi{hout notice.4. Prauircs Prices do not include any documentation other lhan standard drawings, packing llsts, and invoices, unless otheruise staled in quote. Speclal documenlation, rsports, or submittals can be supplied at an addlfional cosl. lf additlonal onginooring, engin€ering seals, stato approvals, drawlngs, o. insignias are ,equired additional charges may lncur. 5. DeliveN Dalivery will be scheduled lmmediately upon recBlpl of wdtton customer approval of all bullding subminals, bulldlng worksheel(s) and slgned mnlracuPurchase order. tn the evenl dBlivery of lhe buildlngs ordered is/are not completed withln 30 days of the agreed lo schedule through no fault of CXT, an invoice for the full contract value (excluding shipping and installation costs) will be submitted for payment, the terms of which wlll be as per item 2 ln our quotatlon. Dellvery and lnstallatlon charges will bs lnvolced al the tlme of dBlivery and lnstallatjon, Should the deltuery and installation costs increase due to changes ln the delivery perlod, this lncrease ln cosl will be added to the p.lco orighally quolod, and will b€ sub.l6ct to lhe contracl payment terms. ln ths evenl that the dellvery is delayed more than 45 days sfter lhe agreed to sctredule and through no fault of CXT, then in addition to thg r€mgdles above, a storag€ fee of 1 1f2% of gonlrad price per month or pad of any month will be charged. 6. Fuel Cosls Fuel costs for crane and fteight have been quoted at fuel pric€s fumished at lh6 time of quolation. lf at the time of delivery and installation lheso costs have risan, CXT reserves the rlght to adjust the frelght and crane costs to ref,ect the fuel costs fumished at the time of delivery. 7. Resoonsibililies of lh€ Customer A. Slake exact location bullding is to be set, lncluding orientation. B. Provide clear and lovel site, fre€ of ovelhead and/or undergmund obstructions. C. Provid€ site accessible to nomat hlghway lrucks and sufficient area for the crane to lnstall and other equlpment to perform the contract requirem€nts. D. Customer shall provide notic€ ln writing of low bridges, roadway width or grada, unimproved roads or any other possible obstacles from State highway and/or main county road to site. CXT reserves the right lo charge tho customer for additional costs incuned for special equipmenl required to parform delivery and installation. E. Customer ls responsible for all permils required. F. Completlng and complying wlth Pre-Order lnformalion Worksheet that is incorporated herein by lhis reference .8. AllesEJe.ste For lnstallation methods describod below in paragraph I A & B, dslivory will be made ln normal hlghway trucks and trailers. ll at the tims of delivery conditions of acc€ss are hazardous or unsuitable for lruck equipment for any reason, CXT shall b€ entitled lo payment for exlra msls lo ensure a safe and quality installation to lhe chosen slte or will agr3€ lo an altomative site with bettor access. To safaly ofiload tha facility refened to withln lhis quotatbn, CXT must have clear and unobstructod access ne)d to lhe gravel pad or hole where the facllity wlll be placed . CXT ls nol rosponsible for cracked or damaged roads, driveways, sidewalks or aprons lhat are in lho path of the delivery lrucks or cranes at the final omoadlng site . Should CXT be required to obtain a larger crane lhan quoted dua to site amenities or hardscapes , CXT witl charge the customer the difference between the crane origlnally quotEd, and tho one that was hired to successfully omoad the facility safely and emclently. e. !EE!!e!i@ A. Futl lnstall. lf the customer opts to have full lnstallaton of thElr n6,t/ building, CXT wlll prcvide a backhoe trailered into the site, and prepare the customer sit€ at the ' mar*ed hole/pad area. The crane will anive and set up next to the hole/pad. Any requirements to lifl the building over obstacles or nol having the abillty of the crane toberightnexttotheholecouldlncuradditionalcharges.ThesizeoflhecranevariashowEvermostcranesrequlreanareaoflS'xl8'forthairoulriggers. Truck(s) carrying lhe vaults and the building syslematically pull up right next to th€ crane and are ofiloadod onto the site . Any requirements to lift lhe buildlng over obstacles or not having the abillty of the truck to b€ right next to the crane could incur addltlonal charges. lnstallation crew lh€n performs all ngcessary exelvatlon, backfill, compac,tion, site grading, and mnnection of utililies (if applicable). PlEase note: additional time and any special aqulpment nagded by lhe installation crew for unscheduled site work will be billed to lhe customer, B. SotOnly lnstall. lf the custom€r opts lo prepare lhe hole, and do earlhwork preparation for lhe site, lhe customer will move all excess dirt to allow access by thE crane and semi-truck. The crane will anive and set up next lo the hole/pad, Any requirements to lifr the building over obslacles or not having the abllity of lho crane to b6 right nerl to the hole could incur additional chargBs. Th6 size of the crane varles howsver most cranes requlrB an area of 18'x'18' for lheir outriggers. Truck(s) carrying the vaults and the building systematically pull up right next lo the crane and are ofrloadsd onto tho sito . Any requlrements to lift lhe buildlng over obstacles or not havlng the ability of the truck to be right next to the crane could lncur additional charges. Custom€r performs ail necessary excavatlon, backrill, compaction, site gradlng, conneclion of utilities (if applicable). lf the pad for a flush bullding, or a customer pr€pared excavation/ holE prep ls not to CXT sPecifications, and rosults in extre costs the customsr will be rasponsible for thes€ €ritra cosls, C. ShlpOnly, lf customer opts to self-install thsir building CXT can provide a drawing of the rccommended liffing /rigging arrdngement plus lhe four sP€cial lifling plates for the buildhgs itsolF with a refundable deposit ot $1,000.00 payable by credit card only, The customer musl return lifting plates and hardware to CXT (at customere cost) within 2 weeks (14) days or a $'t,000.00 fee wlll be charged to the customer credit card. Pleasa nole: lt ls highly recommended that you use our liftingy'dgging anangoments. Th6 CXT agangements will help prevent damags to the building . CXT will not lake responsibility for any damage/accidents to the building or workers durlng lhe use or non-use of our recommended lifting/rigging arrangements. D. CXT shall be entltled to reimbursemenl from customer for any expenses lhat are the result of conditions encountered at the site which are (1) subsurface or oth6rwise concealad physicat condltions which differ maledally from thoso indicsted by the customer or (2) unknown physical conditions of an unusual nature, whlch differ materially from those ordinarily found to exist and gonorally recognized as inher€nt in construction activitles at thB cuslomer 's location' E. Should customer roquest addilions or changes to the work, CXT shall be entitled to payment lor additional or changed work. Any request for additions or changed work shall ba in writing execuled by Customor Fiald Represenlalive by signing the additional work required section of the Building Acc€plance Form , incorporaled herein by this refBrence. 10. fiaospgrlaliqo your building(s) witt be transported from our plant to your lnstallation site via semi-truck with trailer. The ,ength and clealance vary wilh the s$e of lrailer used to accommodate your buildlng model(s) and must b6 taken lnto consideration when delermlnlng access to site. lf you ordered a(n).... Cascadian/Rocky Mounlain - Requires 1 truck When shipped ln z-pieces (slandard) the building with vault is shipped on a flalbad kailer. The lenglh of the tractor-trailer can be up fo 75' long. Must have a 14' height clearance to access site. Quote #; BFROSO3FEW-5 Page 4 of 4 Gunnison - Requires 1 truck: Shipped with its vauit, this building is typically shlpped on a step-deck trailer. Th€ length of the tractor-lrailer can be up to 75' long. Must have 14 heighl clearance to access site' fioga Special . Requlres 2 trucks: 1 to transport the building and I to transpod vaults. The building is typicalty shipped on a stePdeck trailer and 2 vaults are typically transported on a flatbed trailer. The length of lhe trador-trailer can be up to 75' long. Must have 14' height and 14' width clearance to access site. Dbl Gascadian/Dbl Rocky Mounlaln . Requires 2 trucks: 1 to lransport the building and 1 to tEnsport ths vaulls. The building is lyPically shipped on a dbldrop or low boy trailer.(approximate ground clearance of4 to 6') and the 2 vaults are lypically bansport€d on a natbed traiier. The length of the tractor-lrailer can range from 75'to 8O'. Must have 14' height and '14'width clearance to access site' Co.Iezl}zatkllTeton/pioneer- Requlres 1 truck: Generally shipped on a step-deck traller. The length oflhe tractor-lrailercan be up 10 75' long. Must have a 14' height and 14'width cloarance lo access sit€. Large Flush. Sectional, or Custom Bldgs ' (Arapahoe/Ozarkll/CheyennelMontrose/Taos/Rainier/PomonayNavap/Malibu/KodiaUFonlanayDiablorDenali) Requires 24 trucks, depending on size of building. Each seclion wlll be shlpped on an RGN trailer (approximate gtound claarance of4 to 6'). The length of the kaclor-trailer can range ftom g0, to 11S'. Must have 14 height and 14'width clearance to access site. The Denali model could shiP on €iular an RGN trailer or a dbldrop. SchweltzeriMendocino - Requires 1-2 lrucks, dBpendlng on size of buildlng. csnsrally Ehipped on a stepdeck traller. The length of the kactor'traller can be up lo 75' long. Musl have 14'height and 14'wldlh clearance to access site. '11 CXTWarrantv CXT warrants that all struclures sold pursuant horeto will, wrten delivered, conform to sp€cifications of lhe building llsted on lho quote. StrucluIes shall be deemed accepted and meating specl6cailons unless notice ldentrying the nature of any nor.conformity is p,ovided to CXT in writing within one (1) year of delivery. lt is specifically understood that cxTs obligalion hereunder is for cr€dit or repalr only. cxTwlll repair structural defects against materials and wo*manship for one ('l) year from date of delivery provided CXT is first given the opportunity to inspect said structure . CXT warranties all aomponents sold withln all structures pursuant here to when delivered within slructures. Components deemed accepted and meetlng specificalions shall be warranted for a period of one (1 ) year agalnst defects in the materials and/or workmanship ftom said date of delivery. CXT is not responsible hr components that are damaged due to misuso , acts of violenc€, negllgence, acts of God, or accidents. Shipping, handling, installation or other lncidental or consequential costs, unless otheMise agroed to in wriling by CXT' are not included' This warrantv shall not aoolv lo: A,ry s""d" *lri"h have been repaked or altered wiltlout cXTs express written consent. in such a way as in lhe reasonable judgment of cXT, to adversely effect lhe stability or BliabllitY thereof; To any goods which have been subject lo mlsuse, negligence, acts of God, or accidentsi- To any gooOs which have not been installed to manufacturer's specificalions and guidelines, improperly maintelned, or used outside of the speciricatlons for which such goods were designed. 12. Oisclaimerof OtherWananties THE WARRANTY SET FORTH ABOVE IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED. ALL OTHER WARRANTIES ARE HEREBY DISCLAIMED. CXT MAKES NO OTHER WARFANW EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMTTATION, NO WARRANTY OF MERCHANTABILITY OR FITNESS FORA PARTICULAR PURPOSE OR USE. 13. Llmitation of Remedies ln thu er"nt of any breach of any obligations hereunderi breach of any wananty regarding the goods, or any negligent act or omission ot any party' lhe partiss agree to submit a[ claims lo binding arbitration. Any set{ement reached shall inctude all reasonable costs including atlomey fees. ln no event shall cxT be subject to or liable for any incidental or consequential damages. without limitation on the foregoing, ln no event shall CXT be liable for damagos in oxcess of the purchaso prics of the goods herein otfered. 14. Acceotance The foregoinE terms wilt be deemed accepted in full by slgnature and retum of one copy to CXT, subject to customer credil approval. A copy of any applicabls Form ot payment security device (i.€. payment bonds) available to CXT shall be included with the signed copy of this agreament ' 15. IilElls-giElIiEsle-guye[ Set6rwiil invoice Buyer uport shipment from its supplier or facillty, unless olherwise indicalod on the face of this document. 1 6. SlerasrciMalsdslEerElyel ll at Buye,,s request. goodsEvered by this document are held at Selle/s facillty or service provider for more than 21 days afler they are available for shipmenl, Buyer shall accept seller,s lnvoice and pay said invoice based on payment terms set forth herein. 17. Malsrial ReseNalion Seller wlll only reservo material for 30 days with receipl of an executBd purchase order, quote or order acknowledgement acc€ptable to seller. After that time, malerial availability, pric6 and shipment date may be adjustad, at Selle,'s option' o o lt ,"J,* HOSE 8IB 5. DIA EECI SLOC(OUr 6',-!'4'-a' EXIRIOR HOSE BIB RM5496O FLOOR DRAINTP 3 PLCS IsUEO $UT fr 'O Eftosm x H6 0^s S,S, BABY CHANOINC STANON (m 2 PLCS) J'-0' 1A-5' Exhibit C Products 0aRx mu{ 0z il-04 .,./ IN ll sotrvuMMr s@grf/ssft@(mrc) mDdmvMffiffi@ffi(mf , (m 9 tus) 3 ! J-d x-r ,-d d-t ,-t FROf,I ELEVltrcr RICHT E}IO EI.EVATION { t-t 5-I t-t 8-t rf-n' BACX ELryATION LEFI END ELEVATION trxr Producls 04ffi SUrDr[G tMTt06 0z il-02 Exhibit D CTTy oT BURLINGAME Parks Division BTD DOCUMENT Contractor Comparison & Review Job Name: Washinston Park Restroom Foundation Type of Work: Foundation installation Companv Name Phone No. Fax No. 1. Timberline Engineering 650-697-2310 650-6974139 2. Bay Area Paving 650-341-0351 650-345-3833 3. Sunrise Grading &Paving 925-513-7373 925-513-1320 10,650.00 13,500.00 Non Responsive Recommended Award: Timberline Engineering Explain any Pertinent Facts On Recgmmended Awardl Demolition was removed from bid as Paving contractors do not perform this type of work. 650-697-2310 Phone No. Bid Amount Steve Willett Primary contact name #965073 Licence # Contract Awarded To: Timberline Eng Company name 350 Lang Rd Burlingame, CA. 94010 Address, City, State, Zp Timberline350@aol.com Email Director's Signature Date Approve Disapprove Exhibit E AGREEMENT FOR WASIIINGTON PARK RESTROOMS SITE PREPARATION TIMBERLINE ENGINEERING TO THE CITY OF BURLINGAME THIS AGREEMENT is made and entered into in the City of Burlingame, County of San Mateo, State of California, by and between the Citv of Burlingame, a municipal corporation [hereinafter City], and TIMBERLINE ENGINEERING.[hereinafter Contractor], as of the day of March,2018. RECITALS (A) City wishes to establish a contractual relationship with Contractor to provide services and materials; and (B) City has determined the exact nature, scope, or budget for these services and materials at this time; and (C) City has qualified Contractor for providing these services and materials as to insurance and other provisions as specified in this Agreement; and (D) Contractor represents that it is a qualified and competent supplier of the services and items to be purchased under this Agreement. IT IS AGREED AS FOLLOWS: 1. Scope of Services. The Contractor shall provide the following services (A) As requested by the City of Burlingame Parks Division, Contractor to provide foundation installation at Washington Park for a prefabricated restroom for the City of Burlingame as offered in the attached Exhibit A. 2. Time of Performance. The services of the Contractor are to be available upon the execution of this Agreement and scheduled to be performed in conjunction with the delivery of the prefabricated restrooms to Washington Park anticipated in the spring of 2018. 3. Request for Services. City will request services pursuant to this Agreement and the Contractor and the City shall execute a purchase order specifying the nature and cost of the services to be provided for that specific request. Contractor shall acknowledge receipt and acceptance of the requested materials and/or services by signing a copy of the purchase order and returning it to the City within ten (10) days unless directed to reply sooner. 4. Nonexclusivity. Nothing contained in this Agreement shall be construed or interpreted as giving the Contractor any exclusive right or priority to provide any or all of the services described in this Agreement, and the City shall remain free to use its own forces or any other person to provide some or all of those services as the City may in its sole discretion determine best meets the City's needs and wishes. 5. Compliance with Laws. The Contractor shall comply with all applicable laws, codes, ordinances, and regulations of governing federal, state and local laws. Contractor represents and warrants to City that it has all licenses, permits, qualifications and approvals of whatsoever nature, which are legally required for Contractor to practice its profession. Contractor represents and warrants to City that Contractor shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement any licenses, permits, and approvals which are legally required for Contractor to perform the services requested under this Agreement. If providing services in the City, Contractor shall maintain a City business license pursuant to the City Municipal Code. 6. Sole Responsibilitv. Contractor shall be responsible for employing or engaging all persons necessary to perform the services under this Agreement. 8. Information/Report Handlins. All documents furnished to Contractor by the City and all reports and supportive data prepared by the Contractor under this Agreement are the City's property and shall be delivered to the City upon the completion of Contractor's services or at the City's written request. All reports, information, data, and exhibits prepared or assembled by Contractor in connection with the performance of its services pursuant to this Agreement are confidential until released by the City to the public, and the Contractor shall not make any of the documents or information available to any individual or organization not employed by the Contractor or the City without the written consent of the City before such release. 9. Availability of Records. Contractor shall maintain the records supporting this billing for not less than three (3) years following completion of the work under this Agreement. Contractor shall make these records available to authorized personnel of the City at the Contractor's offices during business hours upon written request of the City. 10. Project Manager. The designated Project Manager for the City is Bob Disco who shall represent the City on all matters hereunder. I l. Notices. Any notice required to be given shall be deemed to be duly and properly given if mailed postage prepaid, and addressed to: To City:Attn: Bob Disco City of Burlingame Parks Division 850 Burlingame Avenue Burlingame, CA 94010 (6s0) ss8-7330 Page 2 of 8 7 . Cost of Services and Materials. Pricing for those services shall be in conformance with the price listing contained in Exhibit A attached hereto. In no event shall purchases under this Agreement exceed a total of Ten Thousand Six Hundred Fifty Six dollars and no cents $10.6s0.00. To Contractor:Timberline Engineering Steve Willet 350 Lang Road Burlingame, CA 94010 (65 0)697 -23 I O/timberline3 5 0@aol. com or personally delivered to Contractor to such address or such other address as Contractor designates in writing to City. 12. Independent Contractor. It is understood that the Contractor, in the performance of the work and services agreed to be performed, shall act as and be an independent contractor and not an agent or employee of the City. As an independent contractor, neither Contractor nor any of its officers or employees shall obtain any rights to retirement benefits or other benefits which accrue to City employee(s). With prior written consent, the Contractor may perform some obligations under this Agreement by subcontracting, but may not delegate ultimate responsibility for performance or assign or transfer interests under this Agreement. 13. Nondiscrimination. Contractor warrants that it is an equal opportunity employer and shall comply with applicable regulations governing equal employment opportunity. Contractor does not and shall not discriminate against persons employed or seeking employment with them on the basis of age, sex, color, race, marital status, sexual orientation, ancestry, physical or mental disability, national origin, religion, or medical condition, unless based upon a bona fide occupational qualification pursuant to the California Fair Employment & Housing Act. In performing services under this Agreement, Contractor shall not discriminate against any applicant or designer on the basis of age, sex, color, race, marital status, sexual orientation, ancestry, physical or mental disability, national origin, religion, or medical condition. 14. Insurance. Contractor shall procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, Contractor's agents, representatives, employees or subcontractors. The cost of such insurance shall be included in the Contractor's pricing. A. Minimum Scope of lnsurance Coverage shall be at least as broad as: Insurance Services Office form number GL 0002 (Ed. 1/73) covering Comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability; or Insurance Services Office Commercial General Liability coverage ("occurrence" form GC 0001). Insurance Services Office form number CA 0001 (Ed. 1/78) covering Automobile Liability, code 1 "any auto" and endorsement CA 0025. ll Page 3 of 8 l. 111 Worker's Compensation insurance as required by the Labor Code of the State of California and Employers Liability insurance. B. Minimum Limits of Insurance Contractor shall maintain limits no less than: General Liability: $2,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this Project/location or the general aggregate limit shall be twice the required occurrence limit. Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage. Workers' Compensation and Employers Liability: Worker's compensation limits as required by the Labor Code of the State of California and Employers Liability limits of $1,000,000 per accident. C. Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses. D. Other Insurance Provision The policies are to contain, or be endorsed to contain the following provisions 1.General Liability and Automobile Liability Coverages a. The City of Burlingame, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Contractor, products and completed operations of the Contractor, premises owned, occupied or used by the Contractor, or automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City of Burlingame, its officers, officials, employees, or volunteers. The endorsement providing this additional insured coverage shall be equal to or broader than ISO Form CG 2010 1l 85 and must cover joint negligence, completed operations, and the acts of subcontractors. ll. iii Deductibles and Self-Insured Retentions Page 4 of 8 i. b. The Contractor's insurance coverage shall be primary insurance as respects the City of Burlingame, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City of Burlingame, its officers, officials, employees, or volunteers shall be excess of the Contractor's Insurance and shall not contribute with it. c. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City of Burlingame, its officers, officials, employees, or volunteers. ii. Workers'CompensationandEmployersLiabilityCoverage The insurer shall agree to waive all rights of subrogation against the City of Burlingame, its officers, officials, employees, or volunteers for losses arising from work performed by the Contractor for the City of Burlingame. iii. All Coverages Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt required, has been given to the City of Burlingame. E. Acceptability of Insurers Insurance is to be placed with insurers with a Best's rating of no less than A-:VII and authorizedto do business in the State of California. F. Verification of Coveraee Page 5 of 8 d. The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. Upon execution of this Agreement, Contractor shall furnish the City with certificates of insurance and with original endorsements effecting coverage required by this clause. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be on forms approved by the City. All certificates and endorsements are to be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. G. Subcontractors Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. 15. Indemnification. To the fullest extent permitted by law, the Contractor shall save, keep and hold harmless indemnifu and defend the City its officers, agent, employees and volunteers from all damages, liabilities, penalties, costs, or expenses in law or equity, including but not limited to attorneys' fees, that may at any time arise, result from, relate to, or be set up because of damages to property or personal injury received by reason of, or in the course of performing work which may be occasioned by the work performed by the Contractor, or by any of the Contractor's offrcers, employees, or agents or any subcontractor, under this Agreement, or by the presence or activities conducted at the site of the work to be performed under this Agreement of the Contractor or any of Contractor's offrcers, employees, or agents or any subcontractor. The duty to defend under this paragraph is wholly independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor. The duty to defend arises immediately upon presentation of a claim by any party and written notice of the claim being provided to the Contractor. This paragraph shall not apply if the damage or injury is proximately caused by the sole negligence or willful misconduct of the City, its officers, agents, employees, or volunteers. 16. Prevailing Wases. Unless otherwise authorized in writing by the City, Contractor shall comply with Labor Code Sections 1774 and 1775. The current schedule of prevailing wage rates supplied by the State Department of Industrial Relations can be found at www.dir.ca.eov/OPRl/PWD/index.htm. The City shall not supply copies of this schedule for posting on the job site unless specifically requested to do so by the Contractor. If the Contractor intends to use a craft or classification not shown on the general prevailing wage determinations, it may be required to pay the wage rate of the craft or classification most closely related to it as shown in the general determinations effective at the time of the purchase order. If the Contractor intends to use a craft or classification not shown, it shall notify the City at least five (5) working days before the execution of the purchase order. It is the Contractor's obligation to ensure that prevailing wages are paid on this project in conformance with State law and regulations. 17. Time of the Essence. Prompt delivery of the services and materials is essential to this Agreement. 18. Termination. This Agreement may be terminated at any time by giving sixty (60) days written notice to the other party. Any work, services, or materials being performed or delivered at the time notice of termination of this Agreement is given shall be completed and paid for pursuant to this Agreement and Califomia law. 19. Waivers. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver or a waiver of a subsequent breach of the same or any other provision of the Agreement. Page 6 of 8 20. Modifications. No modification, waiver, termination, or amendment to this Agreement is effective unless made in writing signed by the City and the Contractor. 21. Severability. If any term of this Agreement is held invalid by a court of competent jurisdiction, the remainder of this Agreement shall remain in effect. 22. License. The undersigned is licensed in accordance with State Law providing for the registration of Contractors. No payment for work or material under this Contract will be made by City unless and until the City receives verification from the State Registrar of Contractors that the records of the Contractor's State License Board indicate the Contractor was properly licensed at the time the Contract was awarded. Any Contractor not so licensed shall be subject to all legal penalties imposed by law, including, but not limited to, an appropriate disciplinary action by the Contractor's State License Board. In addition, failure of the Contractor to obtain and maintain proper and adequate licensing for the term of the Contract shall constitute a failure to execute or perform this Contract and shall result in the forfeiture of the security of the bidder. The representations made by Contractor regarding the license are under penalty of perjury. 24. the parties. Entire Agreement. This Agreement sets forth the entire understanding between Department of Industrial Relations (DIR) Public Works Contractor Registration Program: All contractors and subcontractors who bid or work on a public works project will be required to register and pay an annual fee to DIR. The phase-in timetable is as follows: March 1, 2015: No contractor or subcontractor may be listed on a bid proposal for a public works project unless registered with DIR. April 1, 2015: No contractor or subcontractor may work on a public works project unless registered with DIR. All contractors and subcontractors will be required to furnish electronic certified payroll records directly to the Labor Commissioner (aka Division of Labor Standards Enforcement). The phase-in timetable for this requirement is as follows: April 1, 2015: for all new projects awarded on or after this date, the contractors and subcontractors must furnish electronic certified payroll records to the Labor Commissioner. Anytime: for projects besides those listed above, the Labor Commissioner may at any time require the contractors and subcontractors to furnish electronic certified payroll records. January 1,2016: the requirement to furnish electronic certified payroll records to the Labor Commissioner will apply to all public works projects, whether new or ongoing. Page 7 of 8 IN WITNESS WHEREOF, the City and the Contractor have executed this Agreement on the date of City of Burlingame 501 Primrose Road Burlingame, CA 94010 Timberline Engineering Steve Willet 350 Lang Road Burlingame, CA 94010 Print Name Signature Title Recommended: Lisa K. Goldman, City Manager ATTEST:Approved as to form: Meaghan Hassel-Shearer, City Clerk Kathleen Kane, City Attorney Page 8 of 8 STAFF REPORT AGENDA NO: 8d MEETING DATE: MArCh 5, 2018 To:Honorable Mayor and City Council Date: March 5,2018 From: Syed Murtuza, Director of Public Works - (650) 558-7230 Subject: Adoption of a Resolution Accepting the FY 2016-17 Street Resurfacing Project by O'Grady Paving, lnc., City Project No. 84160 RECOMMENDATION Staff recommends that the City Council adopt the attached resolution accepting the FY 2016-17 Street Resurfacing Project constructed by O'Grady Paving lnc., City Project No. 84470, in the amount of $1,273,929.26. BACKGROUND o 1400 block of Capuchino Avenue; . 300 block of Clarendon Road; . 1000 block of Drake Avenue; o 1700 and 1800 blocks of El Camino Real Frontage Road; . 1400 block of Laguna Avenue; . 700 block of Laurel Avenue; . 900 block of Newhall Road; . 1800 block of Ogden Drive; o 1400 block of Paloma Avenue; . 200 block of Park Road; . 1700 and 1800 blocks of Sanchez Avenue; . 1600 and 1700 blocks of Sebastian Drive; . 1700 block of Sequoia Avenue; and . 600 block of Vernon Way. 1 On April 17, 2017, the City Council awarded the FY 2016-17 Street Resurfacing Project to O'Grady Paving, lnc. in the amount of $1 ,244,492.65. The project was funded by State Gas Tax, San Mateo County Measure A, and N/easure lt/ funds. The project consisted of resurfacing 14 collector and residential streets. The scope of work included performing asphalt base-failure repairs, asphalt overlay, pavement reconstruction, concrete curb and gutter repairs, installation of concrete curb ramps and traffic striping improvements at the following locations. Acceptance of FY2016-17 Street Resurfacing Project March 5,2018 D!SCUSSION The project has been satisfactorily completed in compliance with the plans and specifications. The final project construction cost is $1,273,929.26, which is $29,436.61 higherthan the original contract price. The increase in cost was due to additional quantities of concrete at Vernon Way and added striping improvements at Albemarle Way and Trousdale Drive. FISCAL IMPACT The following are the estimated final project expenditures Construction Construction lnspection & Testing Engineering Design & Administration $1,273,929 $33,835 $73,249 Total $1,381,013 There are adequate funds available in the FY 2016-17 Capital lmprovement Project budget to cover the estimated final costs. Exhibits: . Resolution o Final Progress Payment o Project Map 2 RESOLUTION NO. A RESOLUTION OF THE CIry COUNCIL OF THE CITY OF BURLINGAME ACCEPTING FY2016.17 STREET RESURFACING PROJECT BY O'GRADY PAVING INC. CITY PROJECT NO. 84470 RESOLVED by the CITY COUNCIL of the City of Burlingame, California, which finds, orders and determines as follows: 1. The Director of Public Works has certified that the work done by O'Grady Paving lnc. under the terms of its contract with the City dated April 17th, 2017 has been completed in accordance with the plans and specifications approved by the City Council and to the satisfaction of the Director of Public Works. 2. Said work is particularly described as City Project No. 84470 3. Said work is accepted. Mayor l, MEAGHAN HASSEL-SHEARER, City Clerk of the City of Burlingame, certify that the foregoing Resolution was introduced at a regular meeting of the City Council held on the sth day of March 2018, and was adopted thereafter by the following vote: AYES:COUNCILMEtt/BERS: COUNCILMEMBERS: COUNCILIT/EIttIBERS: NOES: ABSENT: City Clerk CoNTRACTOR: OcradyPaving AOORESS: 2513 Wyandotte St Mmtdo Viry. CA 94043 TELEPHONE: (650)966-1926 CIW OF BURUNGAME RETENTION PAYMENT 20'6.Ah7 STREET RESURFAC1NG PROGRAiI CIrY PROJECT NO.8{/t70 OATE : April l,2018 FOR THE MONTH OF : March,2018 PURCITASE ORDER * 13E59 ITEM Bro OUANTITY UNIT SIZE UNIT PRICE BID AMOUNT OUANTITY TO D^TE .a PAIO AMOUNT TO DATE PREVIOUS PAID AMOUNT THIS PMTITEM DESCRIPTION BASE SCHEDULE 14 i A.C. Diqoul Repair 18 Allowance for Additional AC Oioout Repaks 2 : Concrete Removal 3 : Aqgreqale Base 4 A.C. Overlay 5 Cold Plane A.C, 6 : Adiusl Maholes to Grade 7 Adiusl and Replace Waler Valve Boxes, Ltrnpholes, Monumenls ard other I : TYDe "A'E'A\E (Pavemenl Markers) I : Type "D" & Blue (Pavement Markers) 10A : 4" Solid Line * Themoplastic 108 8" Solid Line - Thermoplastic 10c 12" Solid Line - Thetrnoplasiic 10O 24' Solid Line - Thermoplastic 1'lA : Legends & Anows -Thermoplastic 118 : Parkinq Tees -Thermoplastic12 : Trattic Loops 13A : Remove and Replace Curb and Guter 138 Concrete Curb Ramp 14 : Remove and Reglae Stom Drain Grates with BicYcle Proof Grates TON TON c. Y. TON TON c. Y. EACH EACH EACH EACH L. F. L. F, L. F. L. F. S. F, '168.168,00 46.800.00 25,896.00 3,400.@ 580,530.00 21 1.200.00 10,500.00 32.000.00 1,2U.OO 3,019.50 10,198.65 137.50 5.179.50 108.m 3,294.00 3.646.50 5,280.00 58,681.00 57,200,00 rs,000.00 :1,078.00 437.51 :2'l7.OO : 0.00 : 5,085.52 :2,568.18 : 4.00 : 38.00 : 136.00 :130.@ :5,818.@ 0.00 r,923.@ 70.00 : 787,00 57.00 :8.@ : 996.20 8,00 : 7.00 100.00% : $ 145.850/6 $ 130.72% : t O-OO%; 3 97.240A-. $ 97.28% : 3 26.67% : $ 47.50P6 j E 119.30%: $ 7t(x% : 3 94.13% $ 0.00,i6 $ 1A7.O7% $ 583.33% $ 143.35% E 111.78oh 6 100.00% s 171.46% $ 100.00% $ 35.00% $ 168,166,00 68,256.24 33,852.00 fi4,492.72 205,A54.40 2,800.00 15,2m.00 1,496.m 2,145.m 9,599.70 168.r68.00 68,2fi.24 33,852.00 fiA,492.72 2o5,454.40 2.800,00 15,200.m 1.496.00 2.145.@ 9,5s9.70 EACH $ $ $ $ $ s $ $( $ $ $ $ $ s $ $ $ 156.00 : $ ,56.00 $ 156.00 : $ 100.00 : $ 111.00 :$ 80.00 : $ 7m.@ : $ 400.@ : $ 11.00 : $ 16.50 : $ 1.65 : S 2.75 6 4.50 $ LOo $ 6.00 : s 71.fi $ 660.00 : $ 101.00 i $ 7,150.00 $ 900.00 : $ 8,653.50 630.m 4,722.OO 4,075.50 5,280.00 100,616.20 57,200.00 6,300.00 8,653.50 630.00 4,722.00 4,075.50 5.280,00 100,616.20 57,200.00 6.300.00 L. F. L. r" L. F. Subtotal $'t,244,492.65 s 1.258,941.26 3 1.2s8.941.26 t :__L3U.4s2ss_ LS $ 14,988 00 S 14,988.00 oti ,e _l______li!!a!99_ _L_- - $ 14,988.m S - TOTAL CHANGE ORDERS PCO Ol - Drive€ys on Vsmon. StripirE ff Trrusdale and Ablemarle '100.00%$14.988.00 DATE ilru|* 414$ zltzl4 SUBTOTAL $ 1,259,480.65 $ 1,273,929.26 LESS FIVE (0"6) PERCENT RETENTION : : : 5 SUBTOTALWTHOUTDEDUCTIONS : : : $ 1,273,929.26 AMOUNT DUE FROM COMTRACTOR ,. : i $ TOTAL THIS PERIOD : $ 1,273,929.%:$ : s 1273,929..( 0 6 53.6S6.46 f.\ BY fz<^ BY $ $ 63.696.46 3 1.273,92926 : 31210,232.@ . I 63,696.45 INSPECTOR A Public Wort. Okdor)4PROjECTSts3.16O 2013 SlGel R€surr&ingPogcss PEym6nts9rogrss Paymenl 2/12/?s16, 1l:19 AM PAGE ,I OF 1 1.078 300 "166 34 5.230 2,640 15 80 114 183 6,181 50 '1,151 12 549 51 8 581I 20 I 1 CITY PROJECT 84470 2016-17 STREET RESURFACING PROGRAI\4 PROJECT ]\4AP LEGEND s \\r r)k \\i r\r o n \\. I PRoJEcr STREETS I NTS t0\\i\ of t1il I st,oRt)t,(ill /i STAFF REPORT AGENDA NO: 8e MEETING DATE: March 5, 2018 To:Honorable Mayor and City Council Date: March 5,20'18 From: Syed Murtuza, Director of Public Works - (650) 558'7230 Subject: Adoption of a Resolution Awarding a Contract to Dewey Pest Control for the Greek & Sewer Rodent Contro! Program RECOMMENDATION Staff recommends that the City Council adopt the attached resolution awarding a contract to Dewey Pest Control for the Creek & Sewer Rodent Control Program for a period of three years in the total amount of $104,284, and authorizing the City Manager to execute the same. BACKGROUND The City of Burlingame rodent control program aims to protect the community from rodent problems by controlling and managing rodents that proliferate in the sanitary sewer system and along the creeks and alleyways in the City's right-of-way. The City has been managing the rodent control program for several decades based on the advice of the San Mateo County Environmental Health Department, and now the San Mateo County Mosquito and Vector Control District (SMCMVCD). The control program is a complementary piece of a much larger lntegrated pest Management (lPM) strategy shared by the City and SMCMVCD. Each component of the lpM serves a role in reducing rodents and the harmful pathogens they may transmit to humans. The Public Works Department coordinates with SMCMVCD to employ a licensed pest control company to manage rodent bait stations around the city. SMCMVCD acts as the quality control agent for the project in addition to evaluating the effectiveness of the program. This proactive and coordinated approach protects public health by reducing the rodents. DISCUSSION The project was advertised for bids on December 5,2017. On January 9,2018, the City received a sealed bid from Dewey Pest Control in the amount of $104,284 to perform the work for a total period of three years. Staff has reviewed their proposal and determined that the contractor has met all the project requirements and has a successful past history of performing similar work for the City of Burlingame and other public agencies. As a result, staff recommends that the City Council award the contract to Dewey Pest Control. The project scope of work consists of the installation, inspection, and replacement of rodent bait stations at various locations in creeks and the sanitary sewer system network throughout the city. 1 Awarding a Contract to Dewey Pest Control for the Creek & Sewer Rode nt Control Program March 5,2018 Approximately 500 bait stations will be installed near creeks, and 150 will be installed in sewer manholes. All work will be performed in coordination with the City of Burlingame and the San Mateo County Mosquito & Vector Control District specifications and protocols. The total price for the rodent control contract for a three-year period is $104,284. There are adequate funds available in the Public Works Department's Operation and Maintenance Budget to undertake the work for the current fiscal year. Funding for the following two years of rodent control work will be programmed in future years' budgets. Exhibits: o Resolution . Rodent Control Service Agreement 2 FISCAL !MPACT RESOLUTTON NO._ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME AWARDING A CONTRACT TO DEWEY PEST CONTROL FOR THE CREEK & SEWER RODENT CONTROL PROGRAM AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT WHEREAS, on December 5, 2017, the City issued notice inviting bid proposals for the Creek & Sewer Rodent Control Program; and WHEREAS, on January 9, 2018, the City Clerk conducted the project bid opening before representatives of the Public Works Department; and WHEREAS, the City received one bid proposal, submitted by Dewey Pest Control, in the amount of $104 ,284; and WHEREAS, the bid proposal from Dewey Pest Control is responsive and meets the requirements of the project; and WHEREAS, Dewey Pest Control has satisfactorily performed similar work for the City and other public agencies. NOW, THEREFORE, be it RESOLVED, that the bid proposal received from Dewey Pest Control for the Creek & Sewer Rodent Control Program in the amount of $104,284 is accepted; and BE lT FURTHER RESOLVED that a contract be entered into between Dewey Pest Control and the City of Burlingame for the performance of the work bid for, and that the City Manager is authorized on behalf of the City of Burlingame to execute that contract and to approve the faithful performance bond and the labor materials bond required to be furnished by the contractor. Ivlayor l, Ivleaghan Hassel Shearer, City Clerk of the City of Burlingame, certify that the foregoing Resolution was introduced at a regular meeting of the City Council held on the sth day of lr4arch, 2018, and was adopted thereafter by the following vote: COUNCILIT/EMBERS: COUNCILMEMBERS: COUNCILMEMBERS: City Clerk AYES: NOES: ABSENT: ONHilAL AGREEMENT TO PROVIDE RODENT CONTROL SERVTCES TO THE CITY OF'BURLINGAME THIS AGREEMENT is made and entered into in the Cityof Burlingame, County of San Mateo, State of Califomia, by and between the City of Burlingame, a municipal corporation [hereinafter City], and Dewey Peqt Control [hereinafter Contractor], as of the day of 2018, RECITALS (A) City wishes. to establish a contractual relationship with Contractor to,provide services and materjals; and (B) City has determined the exact nature, scope, or budget for these servioes and materials at this time; and (C) City has qualified Contractor for providing these sersices and materials as to insurance and other provisions as specified in this Agreernent; and (D) Contractor reptesents that it is a qualified and competent supplier of the services and items to be purchased under this Agreement. M IS AGREED AS F'OLLOWS: 1. Scope of S.Eryices. The Contractor shall provide the following services: (A) As requested by the City, Contraotor to provide rodent control services at, specified locations near creeks and sewer manholps. (B) Contractor shall perform work asdescribed in the Contract Documents. The Contract dqcuments consist of: the request for bids dated Decemb er 5,2017, attached hereto as Exhibit A; the addendum dated December 12, 2017, attached hereto as Exhibit B; the Contractor's cost proposal, attached hereto as Exhibit C, and this Agreement. 2. Time of Performance, The services of the Contractor are to be available upon the execution of this Agreement until June 30,2A20, 3. Request for Services. City will request services purzuant to this Agreement and the Contractor and the City shall execute a purchase order specifying the nature and cost of the services to be provided for that specifrc request, Contractor shall acknowledge receipt and acceptance of the requested materials and/or services by signing a copy of the purchase order and returning it to the City within ten (10) days unless directed to reply sooner, Page 1 of 7 I _86T,4!F}1". Nongxclusivity. Nothing contained in this Agreement shallbe construed or interpreted as grilttl* Cffiraotor aiiy exclusive right o1p4*ity to provide any oI all of the services ies"riied in this Agreement, and the City, shall remain free to use its own forces or any ;h;;;;"; to proi.ia" sqme or all :rth6:. lelices as tho City mav in its sole discretion i CorRp]lance with taws. The Contractor shall comply with all applicable larvs, cbdes, @ionsofgoverningfedera1,stateandlocallaws.Contractor represents and warrants to Ciry that it has all lioenses, pennils, qualifications and ;;;;;;il.i-*h.tseever nature, which are.legally required for Contractor to practice.its piof"..ion. Conhactorreprgsents 3n-d larrarit: lo Ciq that Contractor 1[afl, 1t its sole ,'cost and expense, keep in effect or obtain at all tim99 dpring thetelm of this Agreement ;;'ilil; p"*rl,.,iuoa upproruls *hich are legally required.for Conhactor to perform the services iiquested "na.'ritrir agreement. If providing services in the Crty, ;;;;;;;; #ilililnin a cityiusiness license puriuant to the citv Municipdt Code. 6. Sole iespon-SibiliW: Contractor shalt be responsible for employing oi'en$ziging all 4, n 1 g. Information/Repo:rt Handlins. All documents fru,nished to contractorby the cityand all"ffieparedbytheConhactorunderthisAgreementarethe -Crty61*g6il"a;n.if U.ietivered to the City upon'thecompletion of Conhactor's services or atihe City's wrilten request. AII reports, rnfonnatiOn,'data,'616 exhibits. ;;;p-*qd;r ur*"mUt"a by Coniraciorin connection with the performance of its_ services ilffi;i; tht egxeement are conf,rdential until released by the City to the public, and [t a Cont u.tor sha'il not rnake any of the documents or information available to any iiairiarA oi orgaJzation not,employed by the Contraclor or the City without the.written consent of the City before such release g. Availabilitv of Recordq. Contractor shall maintain the records supporting this biliing for ""t 16551ffi three pfears fotlowing cornpletion of the work under this Agreement i"#^r* ,rrli .#rin.se records uvuitubt. to authorized personnel of the City at the Co.tru"tof. officos during business hours upon written request of the City' 10, Pioject Mqpageis. The designated Project Manager for the city is the streets, ltorm Drains & Serv6r piviJions frunug"r who shatl represent the City on all matters hereunder Page 2 of 1 l 5. I b'e in conformance with In no event shall Purchases under 11. Notices, Any notioe required to be given shall be deemed to be duly and properly given if mailed postage prepaid, and addressed to: To City:Creek & Sewer \odent Control Services Public Works Corporation Yard Ciry of Burlingame 1361 N, Carolan Avenue Burlingame, CA 94010 Tel: (650) 558-7670 Mr. Jeff Vitug Dewev Pest Control 6300 i'd Street San Francisco, CA 94124 Tel: (415) 468-6660 or personally delivered to Contractor to such address or such other address as Contractor designates in writing to City. 12. Independent Contractor. It is understood that the Contractor, in the performance of the wbrk and services agreed to be performed, shall act as and be an independent contractor and not an agent or employee of the City, As an independent contractor, neither Contractor nor any of its officers or employees shall obtain any rights to retirement benefits or other benefits which accrue to City employee(s). Withprior written consent, the Contractor may perform some obligations under this Agreement by subcontracting, but may not delegate ultimate responsibility for performance or assign or transfer interests under this Agreement. 13, Nondiscrimination. Conhactor warrants that it is an equal opportunity employer and shall comply with applicable regulations governing equal employment opportunity. Contractor does not and shall not discriminate against persons employed or seeking employment with them on the basis of age, sex, color, race, marital status, sexual orientation, anoestry, physical or mental disability, national origin, religion, or medical condition, unless based upon a bona fide occupational qualification pursuant to the California Fair Employment & Housing Act, In performing servioes under this Agreement, Contractor shall not discriminate against any applicant or designer on the basis of age, sex, color, race, marital status, sexual orientation, ancestry. physical or mental disability, national origin, religiorL or medical condition, 14. lnsurance. Conhactor shall procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, Contractorrs agents, representatives, employees or subcontractors, The cost of such insurance shall be included in the Contractor's pricing, A. Minimum Scope of Insurance Page 3 of7 To Contractor; Coverage shall be at least as broad as: i. commercial General Liability (cGL): Insurance services office (ISO)^' F;; Ca oo of 12 04 covering CGL on an "occurrence" basis, including produots-completed operations, personal & advertising injury, with limits no less than $i,000,000 per occulrence. If a general aggrggate limit applies, either ihe gen"rul ag$egate limit shall apply separately to this piolect/location or the general aggregate limit shall be $2,000,000. ii. Automobile Liability: ISo Form Number cA 00 01 covering any.auto (Code l), or if Contiactor has'no owned autos, hired, (Code 8) and non- owned autos (Code 9), with limitno less than $1,000,000 per accident for bodily injury and property darnage' iii. Workers' Compensation insurance as required by the State of Califomia, ' , ,with Statutory'Limits, and Employ-er's Liability Insurance with limit of nO' less than $1,d00,000 per accident for bodily injury or disease. If the Contractor maintains higher timits than the minimums shown above, it " Ciry *qrires and shall be intitled to coverage for the higher limits1V B maintained bY the Contractor. Deductibl0s and Self-InSured Re.tentions C, Other lnsuraqce Piovisiorl The policies are to contain, or be endorsed to contain the following provisions: Any deductibles or self-insured retentions r,nusi be declar3i to and approved by ,fr" City. At the option of the City, eithen the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, offieials, employees and volunteers; or the Contractor shall procure a bond g"**".fnjpry-*t of losses and related investigatior-rs, claim adminishation, and defense expenses. i. General Liability and Automobile Liability Coverages a,TheCityofBurlingame,itsofficers,offtcials,employeesand volunteers are to be covered as inJureds as respects: liabitity arising out of .;ti"ifi performed by or on behalf of the Contractor, products. and completed operations of the Coniractor, premises olvned, occupied or used by' the Contractor, or automobiles owned, leased^, hired or borrowed by the Contractor' The .or"oug" shall containno .p..iul limitations on the scope of protection afforded i" ,fr" 6it, of Burlingame, its officers, officialg, employees,.or volunteers. The ."Aorr..*nt providi.-ng this additional insured coverage shall be equal to or Page 4 of7 broader than ISO Form CG 20 10 I I 85 and must cover joint negligence, completed operations, and the acts of subcontractors. b. The Contractorrs insurance coverage shall be primary insurance as respects the City of Burlingame, its oflicers, officials, employees, and volunteers, Any insurance or self-insurance maintained by the City of Burlingame, its offi.cers, officials, employees, or volunteers shall be excess of the Contractor,s lnsurance and shall not contribute with it. c, Any failure to comply with reporting provisions of the policies shall not affect poverage provided to the City of Burlingame, its officers, officials, employees, or volunteers. d. The Contractols insurance shall apply separately to each insured against whom claim is made or suit is brought, except with.respect to the limits of the insurer's liability. ii. Workers'CompensationandEmployersLiabilityCoverage The insurer shall agree to waive all rights of.subrogation against the City of Burlingame, its officers, officials, employees, or volunteers for losses arising from work performed by the Contraetor for the City of Burlingame. iii, All Coverages Each iruurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt required, has been given to the City of Burlingame. D, Acceptabilitv of Insurers lnsurance is to be placed with insurers with a Best's rating of no less than A-:VII and authorized to do business in the State of Califomia, E, Verification of Coverage Upon execution of this Agreement, Contractor shall furnish the City with certificates of insurance and with original endorsements effecting coverage required by this clause. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf, The certificates and endorsements are to be on forms approved by the City. AII certificates and endorsements are to be received and apfroved by ihe City before work commences, The City reserves the right to require complete, certified copies of all required insurance policies, at any time. F. Subcontractors Page 5 of7 15, Indemniflcation. Contractor shall indemnifl, de{end,.and hold the City, its directors, ;ffrceirpl0pl"yees, agents, and volunteers harmless from and against any and all i*biliiy, ;lrir;t, suil,ictions, damages, dnd causes of action aribing.out of, pertaining or relatin!'to the actual or alleged negligence, recklessness or willful misconduct of C"ntt*tor, itS employees; subcontraitors, ot agents, o-t on account of the perfotmance or character oftn s.rvices, exoept for any such claim arising out Ofthe sole negligence or willful misconduct of the City, its oflicers, employees, agelryl or volunteers.,It is uri.iriood thai the- duty of Contractor to indemnify and hold harmless includes ]|e aytv ; ;;f.rd * t.t fo.tf, in section 2778 of theCalifomia Civil Code. Notwithstanding the foregoing, for any design profe-ssional services, the duty to defend and indemnify City snafbe ii*it"a to tfratitowed by state law. Acceptance of insurance certificates and endorsements required under this Agreement does not telieve Contractor from liability under this indemnification and hold=harmless clause' This indemnification and hold ;;r"l;;;;ilse shall apply whether or not such insurance policies shall have been determined to be appliiable to any of such damages or claims for.damages' 16. Prevailing wages, Unless otherwise authorized in 11tine by the city, contractor shall t - ;6iiffi[i;b"r Code Sections 1774 and lll_s., _rUe.u.r*t sehedule of prevailing wage rates supplied by the state Department of Indyjrial Relations can be found at iww,dii.ca.govlOfnfnWD/indlx,htm or by writing to the Department of Labor Relations. The City shall not supply copies of this schedule.for posting on.the job site ;;6r specifically re-quested to do so by the Cot'itractor. If the Contractor intends to use a craft or olas.ificaiion not shorvn on the generat prwailing wage determinations, it may be required to pay the wage rate of the craft or classificatio! {o1t closely related to it as shown in the geneial dierminations effective at the time of the purchase order, If the Contractor iniends to use a craft or classification not shown, it shall notify the City at l.u*t fiv" (5) working days before the exEeution of the purchase order' It is the Contractor's obligat[n tL ensufe that prevailing wages.are paid on this project in conformance with State law and tegulations' i lT. Time of the EssencE, Prompt delivery of the services and materials is essential to this Agreement. Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for eaoh subcontractor' All .ourtug"jfor subconttactors shall be subject to all of the requirements stated herein. L8; Termination. 'This Agreement may be temiinated at any time by giving sixty (60) days written notice to the Jther party. Any work, services; or materials being performed or delivered at the time notici of iermination of this Agreement is given shall be completed and paid for pursuant to this Agreemont and California law' 19, Waivers, Waiver of a breach or deflault under this Agreement shall not constitute a *rrti*i"g waiver or a waiver of a subsequenJ breach of the same or any other.provision of the Agreement. Page 6 of7 20. Modifications. No modification, waiver, termination, or amendment to this Agreement is effective unless made in writing signed by the City and the Contractor, 21. Severabilitv. If anytermofthisAgreementisheldinvalidbyacourtof competent jurisdiction, the remainder of this Agreement shall remain in effect. 22, EJrtire Agreement. This Agreement sets forth the entire understanding between the parties, IN WITNESS WHEREOF, the City and the Conhactorhave executed this Agreement on the date of City of Burlingame Dewey Pest Controtr Bv Bn"c< T. Nn"tr7 Lisa K. Goldman, City Manager Approved as to fonn: Katbleen Kane, City Attorney ATTEST: Meaghan Hassel-Shearer, City Clerk Signature V..-e Pnetn*tr PrintName0*q t Title Page 7 of7 EXHIBIT A CITY OT'BURLINGAME DEPARTMENT OF PUBLIC WORKS CREEK & SEWER RODEI{T CONTROL PROJECT BIDS WILL BE OPENED AT 2:00 P.M, ON DECEMBER 20. 2017 AT THE PUBLIC WORKS COPORATION YARD LOCATED AT T361 N. CAROLAN A\IENI'E. BIDDERS ARE NOT REQUIRED TO BE PRESENT AT THE BID OPENING. INDEX NOTICE TO BIDDERS INSTRUCTIONS TO BIDDERS EXHIBITS Exhibit A - Scope of Work Exhibit B - Sarnple Agreement ATTACHMENTS Attachment 1 - Cost Proposal @be [,ity otI@urlingsme crTY HALL - (550) s58.7230 PUBLIC WORKS _ 50I PRIMROSE ROAD BURLINGAME, CA 94OIO www, burlingamc,org CoRPoRATTON YARD - (650) 558-7670 t36I N. CAROLAN AVENUE BURLINOAME, CA 94OIO Kevin Dawdy Management Analyst December 5,2017 NQTICE TO BIDDERS The City is solioiting bids for the CREEK & SEWER BODENT CONTROL PROJECT within the City of Burlingame, San Mateo County, Califomia. Sealed bids will be received at the Public Works Corporation Yzird, 1361 North Carolan Avenue, Burlingame, CA 94010, until 2:00om on December 20. 2017. Bids will be opened at this time, A digital (PDF) copy of the specifications covering the work may be obtained free of charge by contacting Kevin Dawdy, Management Analyst at kdawdy@burlingame.org or (650) 558-7686, The project will consist of the installation, inspection a.nd replacement of rodent bait stations at various locations in the City of Burlingame's creek and sanitary sewer systems, All work will be performed in coordination with the City and the San Mateo County Mosquito & Vector Control District, Contract to be awarded will be effective from the date of execution through June 30, 2020. All work will be done at the request of the City and will conform to the unit pricing of the contractor's bid. All work is subject to funding availability, The contractor shall possess a Branch 2 Pest Control Operators license issued by the Structural Pest Control Board of the State of Califomia. No contractors and subcontractor may be listed on the bid proposal unless registered with the Department of Industrial Relations pursuant to Labor Code sectio n 1725 .5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.5(a)1, All contractors and subcontractors willbe required to furnish electronic certified payroll records directly to the Labor Commissioner (aka Division of Labor Standards Enforcement). Questions regarding this project may be submiued electronically and will be responded to until the end of business on December 14,2017. Questions should be submitted to: Mike Heathcoat at mlieathco te(D b u.r l i ngarne, o rg. DATE OF POSTING: l2l5ll7 A, CITY OF BURLINGAME PUBLTC WORKS DEPARTMENT CREEK & SEWER RODENT CONTROL PROJECT INSTRUCTIONS TO BIDDERS General Instructions Bids shall be submitted by completing and retuming a signed copy of the following attachments. Bids must be mailed or hand delivered. Failure to enclose all of the attachments will render the bid nonresponsive and resul.t in a reipction of the bid. o Affachment 1 - Cost Proposal Form Bids shall be made upon the forms provided for such a purpose; the bid forms shall be properly executed with all items filled out, Where there is a discrepancy between words and figures, words will goverri. Where there is a discrepancy between item unit pgces and extended total, unit price will govern, A bid shall cover all items of the bidding schedule. Blank spaces in the bid shall be properly filled in, and the phraseology thereof must not be changed, Additions shall not be made to the items mentioned therein. Any unauthorized conditions, limitations or provisions attached to a bid may cause its rejection, Alterations by erasures or interlineations shall be explained or noted in the bid over the signature of the bidder, Bids are due by 2:00pm on December 20. 2017. Late bids will be rejected and rerurned Each bid shall be addressed to: Creek & Sewer Rodent Control Project City of Burlingame - Public Works Corporation Yard 1361 North Carolan Avenue Burlingame, CA 94010 Bach bid shall be addressed on or before the day and hour set for the opening ofbids. The bid shall be enclosed in a sealed envelope bearing the title of the project, the name of the bidder, and the date and hour of the opening. It is the sole responsibiiity of the bidder to see that the bid is received in proper time at the City of Burlingame to the attention of the Creek & Sewer Rodent Control Project. G For additional information about the bidding process, contact Kevin Dawdy at (650) 558- 7 6? 0 or kdawdy@burlingame. org. B. C. D. E. F Page I of6 Each bid shall be accompanied by cash, a certified or cashibr's check, or a bidder's bond- in the sum of not less than t";;;; (ioXl of the total aggregate of the bid, and such a check or bond shall be made payabf.io'tf,. orair of ine City of Burlingam..al s9t forth in the Bidder's Bond' ln case the successful bidder fails to file the 6onds or to provide the insurance required by the Contract Documents, o, t"n t"t to enter into a contract within the specified time, it shall be liable for any difference by which the cost of procuring the wbrk exceedsthe lnount of its bid and the ;;;;r;L;;.ornttrrush or check stralt be available to offset such differenoe' Bidde/s Bond :.- .' i'_ Awardor Rejeotioiiof Bids' ' , l Exoectation of Contractor The Contract, if awarded, will be awarded to the lowest responsible biddep subject to Citls right b;"1"d;, i,i Jr [iJr *d to waive any informality in the bids or the bidding . Once thelcontract hasbeen awarded to the lowest responsible bidder' the 99*3otor has ten (10) *;ifaig a.Vr to produoe a signed conhact, a labor *d ,,ot..iul bond,'and its insuranqe and endorsements, No bidder may withdraw its bid for l nerio.d of sixty (60) calendar days after the date set for the oprrring thereoq una tt u *-r ,nurr u. subject to aoceptance by the city during this period' Contractorl s Commitment Contractor is to fumish tfue appropriate manpower; tools and-supervision to performthe work as d"sirib"d in the projeot" Scop" of Work, Specifications, and/or Exhibits' Contractor shall report in writing as part of their bid any conditions that may prove detrimental to work of their trade *j ri'rurilirt"as 'iExclusions" any pu* of th. proj ect's "ScoPe of Work" that is not included in their bid. Commencernent of work of your trade sec'tion will serve as prima iacie evidence that you have accepted all conditions related to this pd*l , This project is to be bid in such a manner as to allow for the very best workrnanship using the best available personnel and tools to accomplish the tasks as shown in the project's Scope of Work, Specificationr, Ld/o, Exhibits. Bid must include costs of all bonds'and required insurance. Contractor must be able to meet City's insurance requirements' Substandard quality of work and/or.lack of sufficient staff to effeot iimety oompletion of this project will be unacceptablu. ci ung" orders will be reviewed extensively a.nd are discorrraged as the "Bidder's Instructions,' so state. Any substandard or unacceptable work as deemed by a delegated Public Works Department rupi"r"ntutiue will require the Contractor to conect such work immediately (rvithin one working daY), Page 2 of6 Labor and Materialg Bond At or prior to the delivery of the signed Contract Agreement, Contractor shall deliver to City the Labor and Materials Bond. All forms shall be designated by City, and each shall be in an amount equal to one hundred percent (1000/0) of the contract price, All bonds shall be approved by the Director of Public Works before the successful bidder may proceed with the work. Failure or refusal to fumish bonds in the form satisfactory to the Director shall subject the bidder to penalties for delay in commencement of the work or revocation of the Award of Contract. Contractor's License The contractor must be in possession of a Branch 2 Pest Control Operators license issued by the Structural Pest Control Board of the State of Califomia. Contractor must provide the City with prooflcopy of the license when submitting the bid or the bid will be disqualifred Business _L_iqensg All Contractors and subcontractors who transact or carry on business in the City shall acquire a Business License in conformanoe with the Burlingame Municipal Code. PrevailinB Wages Workers employed in the work must be paid at rates at least equal to the then current prevailing wage scale as determined by the State Director of the Department of Industrial Relations, For additional information, see the California Department of Industrial Relations at rvrvw, dir, ca. gov/OPRL/PWDiindex. htm. Pursuant to Section 1770 and following of the California Labor Code, any Contractor who is awarded a public works project and intends to use a craft of classification not shown on the general prevailing wage determinations, may be required to pay the wage rate of that craft of classificatior most closely related to it as shown in the general determinations effective at the time of the calls for bids, SB 854 (Stat. 2014, chapter 28) made several changes to the laws goveming how the Department of Industrial Relations (DIR) monitors compliance.with prevailing wage requirernents on public works projects as fo[ows: No contractor or subcontractor may be listed on a bid proposal for a putlic works project (submitted on or after March 1, 201 5) unless registered with the Department of Industrial Relations pwsuant to Labor Code section1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code sectio n 777 l, I (a)l . No contractor or subcontractor may bE awarded a contract for public rvork on a public works project (awarded on or after April l, 2015) unless registered rvith the Department of Industrial Relations pursuant to Labor Code sectio n 1725 .5 . This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. a a Page 3 ol6 a The prime contractor must pbst job site notices prescribed by regulation' (See 8 Calif. . CoOr n g. $ 1 645 I (d) for the notir. that previously was required for proj ects monitored by the CirfU (Compliance Monitoring Unit,) Additionally, alf contractors and subcontractori *urt fumish electronii certified payroll records directly to the Labor Commissioner (aka Division of Labor Standards Enforcemerit). The phase-in timetable for this requirement can be found on the foltowinglink at http://www,dir.ca.gov/?ublic- Works/SBi]54.html (also for all 58854 related information) please refer to http://www.dir.ca.govl for general requirements by the Department of Industrial Relations in the State of California' Payme{rlschedule B Coverage shall be at least as broad as: i, Commerciat General Liability (CGL); Insurance Services Oflice (ISO) Form CG 00 01 12 04 covering CCI- on an "dcculrence" basis, including products- completed operations, personal & advertising injury; with limits no less than $1,0b0,000 p.. oc.urr"nce. If a general aggregate limit applies, either the general aggregatetimit stralt apply separately to this project/location or the general aggregate limit shall be $2,000'000' ii. Automobile tiability: ISO Form Number CA 00 0t covering any auto (Code l), . or if Consultant has no owned autos, hired, (Code 8) and non-owned auto.s (Code 9), with limit no less than $1,000,000 per accident for bodily inju.y and property damage, iii. Workers, Compensation insurance as required by the State of California;with Statutory Limits, and Employer's LiabilityLrsurant" with limit of no less than $1,000,000peraccidentforbodilyuriuryordisease. Deductibles and Self-insured Retentions Any deductibles or self-insured retentions must be declared to and approved by the City' et ihe option of the City, either: the insurer shall reduce or eliminate such deductibles or Page 4 of6 project payment will be made in full upon completion of work; Approval is subject to Public Woiks repiesentative confi rmation of satisfactorily completed proj ect. lnsurance Contractor shall procure and maintain for the duratign of the Agteement insurance against claims forinjuries to peisons or damages to property whichmay arise from or in connection with the pl.noi*un.. of the work hereuiider by tfie Ctntractor, iontractor's agents, representativeg "mployees or suboontractors, The cost of such insurance shall be included in the Contractorrs pricing. A. Minimum ScoPe of Insurance self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses. C. Other Insurance Provision The policies are to contain, or be endorsed to contain the following provisions i. General Liability and Automobile Liability Coverages a,The City of Burlingame, its offrcers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or onbehalf of the Contractor, products and completed operations of the Contractor, premises owned, occupied or used by the Contractor, or automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City of Burlingame, its officers, officials, employees, or volunteers. The endorsement providing this additional insured coverage shall be equal to or broader than ISO Form CG 20 10 1 I 85 and must cover joint negligence, completed operations, and the acts of subcontractors, The Contractorts insurance coverage shall be primary insurance as respects the City of Burlingame, its officers, officials, employees, and volunteers, Any insurance or self-insurarce maintained by the City of Burlingame, its officers, officials, employees, or volunteers shall be excess of the Contractor's Insurance and shall not contribute with it. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City of Burlingame, its officers, officials, employees, or volunteers. The Contractor's insurance shall apply separately to each insured against whorn claim is made or suit is brought, exoept with respect to the limits of the insurer's liability. ii, Workers'CompensationandEmployersLiabilityCoverage The insurer shall agree to waive all rights of subrogation against the City of Burlingame, its officers, officials, employees, or volunteers for losses arising from work performed by the Contractor for the City of Burlingame. iii, All Coverages Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt required, has been given to the City of Burlingame. b. o. d, Page 5 of6 D. E Acceptabil ity of Insurers Insurance is to be placed with insurers with a Best's rating of no less than A-:VII and authorized to do business in the State of California. Verification of Coverage Upon execution of this Agreement, Contractor shall furnish the City with certificates of insurance and with original endorsements effecting coverage required !1this clause. The certifioates and Endorslnents for each insurance polioy are to be signed by a person authorized by that'inzurtir to bind coverage on itS betralf. The certificates and endorsemenis are to be on forms approved by the City, All certiftcates and endorsements are to be received and approved by ttre City before work commences. The City reselves the right to require complete, certified copies of atl required insurance policies, at any time, F, Subcontractors Contraotor shall include all subeontractors as insureds under its policies or shall fumish separate certifioates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requiiements stated herein' Page 6 of6 I EXHIBIT A SCOPE OF WORK City of Burlingame Rodent Control in Sewers and Creeks 1. Project information This Request for Proposals (RFP) is requesting the services of a qualified and licensed pest control company to pr<ivide rodent control services for the City's sanitary sewer and creek systems. The contractor must be in possession of a Branch 2 Pest Control Operators llcense issued by the Structural Pest Control Board of the State of California, This work will be divided into two sections; one for creeks and the other for sanitary sewers, Each section has its own type of installation and frequency of service, All work under this agreement will be performed in coordination with the San Mateo County Mosquito and Vector Control District, herein referred to as "VCD." All work under thls agreement will be performed to the satisfaction of both City and VCD staff. The contractor will be responsible for installing and maintaining ihdividual bait stations and will also be responsible for entering inspection information into the VCD database. This RFP provides for a three (3) year contract with options for .two additional l-year extensions upon agreement of costs between the City and contractor. 2. Pro.iectCoordinator The City and Contractor shall both designate a project coordinator to act as a contact for the execution 0f the Contractor's activities, These Project Coordinators shall be authorized to act on behalf of the Clty and Contfactor in all matters pertaining to the contract and shall have sufficient knowledge of all aspects of the scope of work and the requirements contained in thls agreement. The Project Coordinator for the City shall be Mike Heathcote; Streets, Storm Drains and Sewer Division Manager, 3. Contractor/s General Responslbility for Creeks The work consists of installing and maintaining approximately 500 protectlve bait stations along natural drainage creeks in Burlingame. Each station will contain four 1-oz paraffin bait blocks (4-oz total). These stations will be installed in June and removed prior to winter rains, no later than November 1'! of each year. A map showing the general location of the stations is available for Inspection at the VCD office. A login and password can be provided to the contractor which will allow electronic access to these maps. An annual VCD inspection fee is to be paid by the contractor as part of thls agreement. lnspection fees are based on number and freguency of inspections. The Contractors cost recovery for these fees will be factored ln the costs quoted in Page I of 5 Attachment A {Cost Proposal). No additional charges will be made for these inspection fees. The bait stations located in creeks wilt be inspected monthly during July, August, September; and October to replace as necessary consumed or deteriorated bait and correct any deficlencies concerning bait stations or manhole adjustments. Contractor must keep accurate notes of rcident,activity, bait ieplacement, and any other issues that are observed. The contractor will be responsible foi' irnmediately updating the monthly inspection information using VCD's data entry system' :' the environment the citY will reduce, the number of bait ;statiqns installed each' year by '50 locations. The contrac.tor will install 500 statlons in city cfeeks the iirst year, 450 stations the second yedr; and 400 stations tn the thir.d year. Th,9 numbl of bait statiorrs installed for additional years will be determined at the end of the initial 3-year agredment' 4. .:. :.- - --.. Contractol's General Responsibility for Sanitary Sewe Thls work consists'of opening approximately 148 ipecifically seleeted' san[tary sewer ianfrotes in order to inspegt a-nd replace deteriorated or cons0me! bait bllks installed under pievious 6'ontiacts; Each manhole installation shall ccintbin one &ounce balt block, A map shtiwing the specific locations of 'theie manholes is aVailable for inspection at the VCD bffice. A login and password can be provided to the eontractor which will allow electronic access to these.maps. 'An innual inspection fee is to be paid by the contractor to VCD as part of this agreement, VCD lnspection Jees a1e.basl! 9n number and frequency of inspections. The Contr,actors cost fot' theserfees will be included in the costs quoted ln Attachment A (Cost proposal). N6 additional charges will The contractor will ptirform sanitary sewer inspections during the:months of March, July, and November, The Contractor must keep aciurate notes of rodent activity, bait |.upi.r"r"nt, and any' other issues that are observed and will be responsible for immediately updating the inspection information using'VCD's data entry system' 5. Materials & EquiPment Bromadiolone, or other approved anticoagulant, in the forrn of a paraffin block shall be the rodenticide used 16y all applications. Each bait station installed in the creeks will contain four 1-ounce blocks (4-oz total). Each sanitary sewer application shall consist of one g-ounce block. Alllbait used shall contain ,005 percent brornadiolOne per unit weight, ,CONTRAC", or similar bait blocks, will be approved by VCD staff for use in this agreement, Page 2 of5 For Sanitarv Sewer a pplications: Contractor will be responsible for complying wlth all traffic control reBulations and shall set up Cones and signs for each indlvidual manhole location in accordance with the Manual of Uniform Traffic Control Devices (MUTCD) guidelines. Prior to the removal of each manhole cover, the cover and frame shall be marked with chalk or crayon to assist the contractor ln returning the cover to its original positlon. Before replacing the manhole cover, the contractor will remove all debris that has accumulated inside the manhole frame ring so that the manhole cover will sit flat in the frame. The contractor will check that each manhole cover sits flat within the manhole frame and will notify the city's Proiect Manager of any manhole covers that rattle after work has been complete. One 8-oz bait block will be secured to the manhole using 16.5 gauge plastic-coated solid coper electrical wire only. No other wire is approved for use. The preferred method of securing the wire to the manholes is to attach to the uppermost ladder rung when available. lf no ladder.is aviitable, the contractor will use concrete nails l% inches or longer to attach wire to inside of manhole, Existing nails inside of manholes may be used as long as they are firmly attached and in serviceable condition. The bait blocks shall be suspended from the tie-wire in such a manner that the bait clears the bottom of the manhole ledge by no less than 2" and no more than 4". Bait shall be placed in a location which provides the greatest accessibility of the bait to the rodent. Under no circumstances shall any of the bait blocks be installed in a position which permits the bait block to obstruct the flow. A red-colored metal or plastic caution tag with the words I'CAUTION BROMADIOLONE RAT BAlf' shall be used with each application to identify the bait. The contractor will notify the City's pro.lect Manager when the installation at any of the identified manholes was prohibited because the manhole was paved over, had tight fitting lid, was experlencing any discharge, or any other facto(s). For creek applications: Four 1-ounce bait block (4-o! total) will be placed inside of a bait station which will be secured to the creek bed using metal stakes. Protecta tamper-proof bait station with key aqcess (or approved equal) will be used for each application. Each bait station will be attached to 16.5 gauge plastic coated solld coper electrical wire with the other end anchored to 3/8 inch rebar staked driven no less than 10" in the ground. A cautionary. staternent shall be prominently placed on each bait station that shall read "Caution Bromadiolone Rat Bait, Do Not Disturb". Thls cautionary sticker will also contain the contractors name and emergency contact information. The exact installation location shall be selected by the contractor giving consideration to the existing conditions at each site, Page 3 of5 , -. .- -- ._ _-l : f nip"ctiohs shatt be performed accordingl to the schedute(s) identified in Section 3 for creeks, and Section 4 for sdnitary S€W€FS; Any balt or bait boxes found to be inaddquately secured oi positioned shall be corrected by the contractor at time of inspection. Bait will be replaced when it is found to be consumed or deteriorated to. % of- itt-o-ttg-,li1,t-ir", ,l -sgPqlgtg clr-{g-g-w!ll be allowed for each bait biock replaced dnd the ,cost wiil be included in Attachment A, fil -bo;ifi;tor wlil proniUe pnotoeiJpnic --' evidence of the necessity to rdplacing old bait. Rll old bait must be removed by the contractor and disposed of following all local, state, and federal regulations for disposing of Rodenticlde. The citV or VCD may request removal or change of location of any bait site for any reason. Changes aren't typical and reasons for removal or relocation will be discussed with the contractor, The city and VCD witl have final authority over location of specific b'ait locations. All bait stations must remain above expected high-water levelsand should be placed to take advantage of natural vegetation for concealment. Und€r no circumstances shall bait stationrie placed in arels where children are known to play. The contractor will be required to exercise his/her judgement in a prudent rnanner regarding the location of the bait stations. The open end of the bait stations should face out and slightty downward. lnstallation shalt be completed by covering by covering and tightly packing the bait station with dirt so that only 2 to 3 inches of the bait station remains exposed, The approximate location.of each bait'Station shall bq marked in the field by the contractor painting a small (2") r.ed-colored :dot on a plainly visible object such as a stone or tree, The painted marker shall be situated no more than 10 feet away from each bait station. Bait tnspection ahd RePlacernent 7. San Mateo County Mosquito and Vector control District (vcD) lnstallation maps of both the sanitary sewer and creek locations are available at the VCD offices located at: 135L Rollins Rd, Burlingame, ca, 94010. (650) 344-8592, lf requested, a login and password can be sent to the contrl.ctol to allow etectionic access to these maps. All inspections must be recorded by the contractor in VCD's on-line data entry system, Data entr.y training ian be provlded to contractor/s staff by VCD. The Contractor rnust enter accurate notes of rodent activity, bilt replacement, and any other issues that are observed. ln addition to the electronic documehtation, the Contractor must also maintain a written record of services performed and shall provide the city's project manager with a copy of each day's work [og. 8. Contract Agreement ' Page 4 of5 i I The contractor shall state his or her willingness to accept the terms and conditions in the attached sample Agreement (Exhibit B). This is the City's standard agreement and the contractor shall identify any items which cannot be met and the alternative suggested wording, if necessary, to ensure proper agreement terms. The City intends to identify a qualified contractor and then enter into an agreement for these rodent control services. The agreernent will be based on the City's Standard Agreement for Services (Exhibit B)'and reflect the terms and conditions of the proposal, plus the City's standard liability and insurance requirements, The City reserves the right to clarify any issues or obtain additional information, as necessary, 9. Contractor Selection Criteria Selection of the most suitable contractor will be determined by City staff based on the contractot's previous experience performing similar projects for other municipalities, the type of material(s) being proposed and the submitted bid prices. 10. Questions Questions regarding this project may be submitted electronically and witl be responded to until the end of business on December 74,2O17. Questions should be submitted toi Mike Heathcoat at m h eath cote@bu rlineame,o.rs Page 5 of5 AGREEMENT TO PROVIDI XXXXXX SERVICES TO THE CITY OF'BURLINGAME (A) City wishes to establish services and materials to the City; and RECITALS : i',t:';;:,).: ..',.;i ,i,. a contractual relationship,Mth Contractor to provide ' :..t.. (B) City has determined the exact nature,scoper OI budget foi.these services and materials at this time; and (C) Ciry has qualified as to insurance,and other provisions as specified and The project's Scope of Work must be completed within xx (x)a to Proceed. ORThe services of the Contractor'are to be available upon the of this Agreement until DATB. J.City will request senrices pursuant to this Agreement and the Contractor and the City shall execute a purchase order specifying the nature and cost of the services to be provided for that specific request. Contractor shall acknowledge receipt and acceptance of the requested materials and/or services by signing a copy of the purchase order and returning it to the City within ten (10) days unless directed to reply sooner, 4, Nonexclusivity. Nothi/rg contained in this Agreement shaLl be construed or interpreted as giving the Contractor any exclusive right or priority to provide any or all of the services described in this Agreement, and the City shall remain free to use its own forces or any THIS AGREEMENT is made and entered into in the City of Burlingame, County of San Mateo, State of California, by and between the Citv of Burlingamq, a municipal corporation [he1einafterCity],andNameofContractor[hereinafterContraotor],asofthe ,20_. be purchased under this IT IS AGREED (B)work as described in the Conhact Documents. the Notice Inviting Sealed Bids; the Contractor's and this Agteement, 1. ' 5. . Compliance with Laws. The Contractor shall comply wr,th all applicable laws, codes, ordinan-es;*a,.rcg"lutiorlr o[governing federal, state and local laws" Cont{aotcir ;"|,-.jeil;jw.rntr to'City tt ut it-has all licensos, permitq, qualifioations and approvals of *fiutro.ro nature, which areiegally required for Contractor to'practice its profession. Contractor represents and wanarrts io City ttrat Contractor shall, at its solecost and'expenqe, f.."pl".ff"eior obtain at all timesduring the term of thisAgregment any licenses, permits, and appiovals which are legally required for dontractor tp performthe serviceg requestedunder this ifr."*"nt, If prwidiig servicesin the City, Contractor shall maintain a City business fiJense putsuantto thqcity MuniciPnl Code. . ' ' .. other person to provide some or all of those services as the City may in its sole discretion determino best meets the City's needs and'wishes, 6. Solo Reqpousibility. Conhactor shall be responsible for perso-lq 4gcgslary..lg perform the services unde-r this Agrgemqni' , employing or engaging 7.Pricing for those services shall be in conformance with thq price listing 111 heretb [or shall'bi specified in the purchase order and attachments to the purchase order for tiie speoific servioes and ttaterials requested by the Cifyl. In no event.shall purchqses under this Agreement exceed atbtal of XX Dollars anC Noll00 ($Xx.xxx.00). all B. Information/Report Handling, All documents fumished to Contractor by the City .andall.,po,t*@aredbyth"ContractortinderjthisAgreementarethe-.. ,Ciqrr prop.rty and *fiif U" JeUv"r"a io the City tpon the completion'of Contractor's services or 'at tle bity,s written request. All toports, information, data; and exhibits'prepared or assembled by Contractor in connection with the performance of its services pursuant to this Agreement are confidentiat until released bythe,City to the publio, and the C6ntractor shall not mike any of the do"rments or information available io any individual or organization nof employed by the Contractor or the City without the written consent of the City before such release.l g, . Availability of Records. Contractor shall maintain the recoids supporting this bilting fornot i[* tt*ril* (3) years following completion of the work under this Ageement. Contrictor shall make these recoids available to authorized personnel of the City at the Contractorls offices during bUsiness hours upon written request of the City; Page 2 of8 10. pro-iect Mflnaeer, The designated Project Manager for the City is XXXX who shallrepresenttL=ity;;;ffi attershereirnder. 11. Notices. Any notice required to be given shall be deemed to be duly and properly given if mailed postage prypaid, and addressed to: To City:PROJECT NAME Public Works Corporation Yard City of Burlingame 1361 N. Carolan Avenue Burlingame, CA 94010 (6s0) 5s8-7670 To Contractor:CONTACT PERSON CONTRACTOR ADDNESS I ADDRESS 2 PHONE # or personally delivered to Contractor to such address or such other address as Contractor deiignates in writing to City, lZ, Independent Contracto{, [t is understood that the Contractor, in the performance of the work and.services agreed to be performed, shall act as and be an independent contractor and not an agent or employee of the City. As an independent contractor, neither Contractor nor any of its offioers or employees shall obtain any rights to retirement benefits or other benefits which accrue to City employee(s), With prior written consent, the Contractor may perform some obligations under this Agreerqent by subcontracting, but may not delegate ultimate responsibility for performance or assign or transfer intetests under this Agtoement. 13. Nondissrimination. Contactor warrants that it is an equal opportunity employer and shall comply with applicable regulations governing equal employrnent opportunity. Contractor does not and shall not discriminate against persons employed or seeking emplolmr.ent with them on the basis of age, sex, color, race, marital status, sexual orientation, ancestry, physical or mental disability, national origin, religion, or medical condition, unless based upon a boni fide occupational qualification pursuant to.the Califomia Fair Employment & Housing Act. In performing services under this Agreement, Contractor shall not discriminate against any applicant or designer on the basis of age, sex, color, race, marital status, sexual orientation, ancestry physical or mental disability, national origin,.religion, or medical condition. Page 3 of 8 14, Insurance, Conhactor shall prooure and maintain for the duration of the Agreement in*o**. uguinst clairns for injuries to persons ordamages t9 nrgnelf which may ari-se from or in conneciion with the performance of the work hereunder by the Contractor, Contractor's agents, representatives, -employees or subcontractors. The cost of such insurance sha1l be included in the Contractor's pricing , A. Minimum-ScoPe of-lnsurapce Coverage shall be at least as broad as: i, Commercial General Liability (CGL)r Insurance Seryices Office (ISO) Form cG 00 01 12 04 covenng cGL on an "oocuffence" basis, including products-completed operations, personal & advertising injury with limits no Le.. than $i,000,000 per occulrence' If a general agglegate limit - applieg,-9ith9r the,S9n91it uggt"d"lg liryt,.thalt applv separatelv to this jio3ecVloCation oiihb-generai aggiegatE limit shall be $2,000,000, : C. ii. Automobile Liability: ISo Form Number cA 00 0l .9_u"l"q any auto (code 1), or if contractor has n9 owned autos, hired, (code 8) and.non- : owned autos (Code 9), with limit no less than $l;000,000 per accident for bodilY injury and ProPertY damage, iii, Workers' Compensdtion insurance as required by the State of California, ; - - ,with Statutory -Limitsrand,Ernployeds Liability lnsuralce withlimit of no less than $1,d00,000 per accideat for bodily injury or disease" iv. If the Contractormaintains hfgher limits than the minimurns shown above,' : itrrCity requires and shall te sntitlea to coverage for the higher limits maintained bY the Contractor, B, Dedugtibles and Self'lnsured Rqtgntions' ' Anydeductibles or self-insured retentions must be declared to and approved by the'City. At the option pf the City, either: the insurer shall reduce or eliminate such diductibles or self.insured retentions as respects the City, its officers, oflieials, employees and volunteers; or the Contractor shall procure a bond guaranteeinjpayment of losses and related investigations, claim administration, and defense expenses, Other Insurance Provision The policies are to contain, or be endorsed to contain the following provisions: i. General Liabiliiy and Automobile Liability Coverages Page 4 of 8 a. The City of Burlingame, its.officers, officials, emfloyees and volunteers are to be covered as insureds as respeots: liability arising out of activities performed by or on behalf of the Contractor, products and completed opgrations of the Contractor, premises owned, occupied or used by the Contractor, or automobiles ownd leased, hired or borrowed by the Contractor. The ooverage shall contain no special limitations on the scope of protection afforded to the City of Burlingame, its officers, officials, employees, or volunt0ers. The endorsement providing this additional insured coverage shall be equal to or broador than ISO Form CG 20 l0 11 85, and must cover joint negligence, completed operations, and the acts of subcontractors, b. The Contractor's insurance coverage shall be primary insurance as respects the City of Burlingame, its officers, officials, employees, and volunteets. Any insurance or self.insurance maintained by the City of Burlingame, its officers, officials, employees, or volunleers shall be excess of the Contractor's Insurance and shall not conttibute with it. ii. Workers'CompensationandEmployersLiabilityCoverage The insurer shall agree to waive all rights of subrogation against the City of Burlingame, its officers, officials, employees, or volunteers for losses arising from work performed by the Contractor for the City of Burlingame. iii. A1l Coverages Each insurance policy required by this clause shall be endorsed to state that covemge shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return rereipt required, has been given to the City of Burlingame. D. Acceptabilitv of Insurers Page 5 of 8 c. Any failure to comply with reporting provisions of the policies shail not affect coverage providgd to the City of Burlingame, its offrcars, officials, employees, or volunteers d, The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. Insurance is to be placed with insurers with a Best's rating of no less than A-:VII and authorized to do business in the State of California. E. Verification of Coverage Upon execution of thir Agleement, Contractor shalt furnish the City with certificates of insurance and with original endorsements effecting coverage required by this clause. The certificates and endor_sem3nts for each insurance poiioy urrio be signed by a persori authorized by that insurer to bind coverage on ,it* U*truif. Th" cuiifi.atlr uia endorsements are to be on forms approved by the , City. All certifieates and endorsements are to be reoeived and approved by the City before work commences. The City reserves the right to require complete, ""rtifr"d oopies of all required insuranee policies, at any time. F. Subgontractois : Contractor shall include all subcontraetors as insureds qnder'its policies or shall fumish separatg ce$frga!!.s and endorse[gntg flo1 each subcontractor. All ;G;;s; f"r subcbntricl6" ;h"il;rsubjeit to'all ,5f the requiieiiients stateil herein 15. lndemnification. The Contractor shall save, keep and hold harmless indemnify and defend the City its officers, agent, employees and volunteeis from all damages, liabilities, penalties, costs, orexpenses in'lai o.tqoity thut muy at any time arise or be set up because of damage3 to prope*y or personal injUry ...*irred by reason of, or in the course-ofperforming work-which may be occasioned by a willful or negligent astor omissions of the Contractor, or any of the Contiactor's officers, employees, or ag-nts or an{ subcontractor- This provision shall _noLpplyif $re darnagegtnjruy i.p-p1o1---------------.imately caused by the gross or active negligence or willfuimisconduct of the City, its officers; ageflts, employees, or volunteers' 16, Bonds. For any work or selices ordered in excess of $25,000, Contractor shall provide, befo.. ooA".tuii-rg #y *o* on thatproject, a surety bond in an arnount equal to at ieast one hundred percent (-100%) of the contract price as securilY for the'payrnent of all persons ;;nilrtl.b"r fu n *i.ni"g materials in conneotion with this contract pursuant to State law' itt tor,as ,t all be apploved b/t!e Director of Public works before work proce9d1. - Failure or refusal to furnish mnas in the-form satisfactory to the Director shall subject the bidder to penalties for delay in commencement of thework orrevocation of the Award of Contract. l'1. prevailing \Yases. Unless othenwise authorized in writing by the City, Conhactor shall comply *in fuUo.$Gj"ctions 1774 andl775. The current.sghedule of prevailing wage rates supplied by tho State Department of Industrial Relations can be found at ww#.dii,,ca.sov/bpRup$D/index.htm. The City shall not sypptycopies of!$ schedule for p"callyrequestedtodosobytheContractor.[ftheContractor intendl to use a craft or classiiication not showu orr the_genelal prevailing wage detenninations' it may be required to pay the wage rate of the craft or classification most closelyrelated to it as ,hown in the general deierminati-ons effective at the time of the purchase order. If the Contractor intends to use a craft or classification not shown, it'shall notify the City at least five (5) working days before the execution of the purchase order. It is the Contractor's obligation to ensure that prevailing wages are paid on this project in conformance with State law and regulations, Page 6 of 8 18. Time of the Essence. Prompt delivery of the services and materials is essential to this Agreement. 19. Terminatig4. This Agreement may be terminated at any time by giving sixty (60) days written notice to the other party. Any worlg services, or materials being perforrned or delivered at the time notice of termination of this Agreement is given shall be completed and paid forpursuant to this Agreement and Califomia law. 20, Waivers, Waiver of a breach or default under this Agreement shail not constitute a continuing waiver or a waiver of a subsequent breach of the same or any other provision of the Agreement. ?1. Modifications. No modification, waiver, tennination, or amendment to this Agreement is effective unless made in writing signed by the City and the Contractor, 22, Seve_rabilitv. If any term of this Agreement is held invalid by a court of competent jurisdiction, tha remainder of this Agreement shall remain in effect. 23, Iricense. The undersigned is licensed in accordance with State Law providing for the registration of Contractors. No payment for work or material uuder this Contract will be made by City unless and until the City receives verification from the State Registrar of Contractors that the records of the Contractot's State License Board indicate the Contractor was properly licensed at the time the Contract was awarded. Aay Contractor not so licensed shall be subject to all legal penalties imposed by law, including, but not limited to, an appropriate disciplinary action by the Contractor's State License Board. In addition, failure of the Contractor to obtain and maintain proper and adequate licensing for the term of the Contract shall ionstitute a failure to execute orperform this Contract and shall result in the forfeiture of the security of the bidder. The representations made by Contractor regarding the license are under penalty of perjury. 24. Entire Agreement, This Agreement sets forth the entire understanding between the parties. Page 7 of 8 IN WITNESS WIIEREOF, the city and the contraotor have executed this Agreement on the date of City of Burlingame Company Nalne' PrintNarne Signature Recommendedt Deputy Directorof Public Works Operations ATTEST:Approved as to form: CityClerk City AttorneY Page 8 of8 By '., ,' , ' - Directror of Publio Works Title : : COST PROPOSAL - ATTACHMENT A gilling rat€s below include all costs to perform the ldentified work. There will be no additional charges unless prlor approval has been obtained from the Clty's Project ManaEer. cost proposals below include contracto/s data entry services into the VCo system, Total 3-Year cost S Creeks - Year 1 I of Locations Unit Cast fotol CostItem 500nitial installation of balt stations (including bait) 500Monthly lnspection fee (July, August, Septe mber, october 500Bait Replacement (1-oz blocks) s00Removal of bait statlons (November) E-E -r-Sanltary Sew€rs - Year I i of Locdtions Unit Cost Totol CpstItem 148lnitial installation of bait blocks (lncluding balt) i48lnspection fee (luly, November) 148Bait replacement (8-oz block) -ICreek -Year 2 Unit Costi of Locotions TotolCostItem 4s0lnitial installation of bait stations (including bait) 450Monthly lnspection fee (luly, August september, October) 450Bait Replacement (1-oz blocks) 450Removal of bait stations (November) - - I Sanitary S€wers - Year 2 # of Locotions Unit CostItem 148lnitlal installation of bait blocks (including bait) 148Inspection fee (July, November) 748Bait replacement (8-oz block) I - Creeks-Year 3 H of Locotions Unit Cost Totol CostItem 400lnitlal installation of bait stations (lncluding bait) 400lvlonthly lnspection fee (July, August, September, oclo ber) 400Bait Replacement (1-oz blocks) 400Removal of bait stations (November) -- Sanltary Sewerr - Year 3 # ol Locations Unit Cost TotalCostItem 148lnirial instal ation of bait blocks (inc!uding bait) lnspectlon fee (luly, November) 1acBait replacenent {8-oz block) -E Page L of 2 148 Totol Cost L The successful lowest responsibte bidder will be deterntined on the basis of the lowest Total 3-Year Cost' Contractor ComPa ContraCtor RePresen Date: Contractor Contr6ctor Emai DIR Registration Number; cripy trl to do so will renderreFailu ;ln ?age 2 of 2 l. clrY HALL - (650) sll-12$ PUBLIC WORKS - SOI PRIMROSB ROAD BURLINoAMX. CALITORNIA 940 I 0.3997 @tlt tity tt TFutlingsme EXHIBIT B coRPoRiTtoN YARD _ (650) $J8.76?0 136I N. CAROLAN AV8 BUALIIiGAME, CALIFORNTA 9401 0.240 Iw*v,bulluga mo,otg 1, CREEK & SEWER RODENT CONTROL PROJECT Addendum I December l2r2011 Please acknowledge reoeipt of this Addendum on the spaoe provided below and rehrn it with 'your bid, The updates and ohangas are as follows: Bid DueDate. The bid due date has beet changed from Wednesday, Deoemb er 2Q , 2077. lo Tuesdai,. Januar.v 9. 2018 at 2:0-0pm (,Attachment A- Cost ProposalEornr REPLACE Attachment A with the new CostProposal Form (attached). Lihd items for Monthly lnspection Fee and Removal of Bait Statioru in Creeks have been rrpdated Slgn and return this form with your bid as confirmafion that you have recelved and read thls Addendum. Date P.*] ( o,/* I CompanyName EXHIBIT C cosl PRoposA!. - ATTAgHMENT 1 Ollltng rates below.lnclude all cost! to perform the ldentlfled work. There *ill be no addltlonal charges unless pdor approval has been obtalned from the Cltfs Proioct Manager, Cost proposals below lnclude corrtrrto/s data entry services into the VCD sYstenr,' Total3-YearCostS IOtt Oeeks " Year I Item il of Locatlons Unlt Cost Total Cost Inltial lnstallatlon of balt statlons (lncludlng balt)s00 l?,oo b5@, oo Monthly lnspectlon Iee July, August, September)500x3 lr-. oO )3,ofr,oo Ealt Replacement (1oz blocls)1000 3, ?S 3,-z56,oo Removal of batt statlons (october)500 6. oo 2,goc- Sabatery Sewerc - Yaar 1 Item t ol Locatbnl Untt Cost i'otol Cost lnltial Installation of balt blocla (lnuludlng bsitl 148 tr.bo Lqa..i , oo tnspectlon fee (July, Novemberf r48i1 t2.OO V,s€a,oo Balt replacement (8oz block)14il !,? (556, oO Creeki - Y€ar 2 Item # ol Locatlons Unlt Cost lotal Cost inltial lnstallation of balt stations (lncluding bahf 4s0 t3,so L,b-t{,.oo Mo n fee '450 x 3 r2 ,5o Balt Replacement (1-or bloct<s)900 ?,'75 __3.? tS.'r. Removal of balt staUons (October)450 €' oo 2,alo,oo Sshltary S€werc. Yeat 2 Iterh i of Locotlons Unlt Cast Totol Cost lnltial lnstallatlon of balt blocks (lncludlng balt)148 r?,so \Qat?.oo Inspectlon fee (July, November|14811 fi.,50 3,1w,og Baitiffi cem"nt (8oz block)t,l{t 4,'7q 5S5,oo Creeks - Year 3 /tem # of Locations Unlt Cost Total Cost tnltlat lnstallatlon of balt statlons (lncluding bait)400 lq,oo 5L oo,x Monthly lnspection fee (JulV, August, September)400x3 t9,oo l9,Aoo.oo Balt Replacement (1oz blocks)800 3.?9 3, ot,oo Bemoval of bait statlons loctober)'4m 5oo 2-ooo Santtary Sewers - Year 3 Item # of Locatlons Unft Cosl Totql Cost Inlttal lnstallatlon of balt blocks (inctudlng baltl 148 lll.Du 7o)2. oo lnspectlon fee (July, November)L4s'lr-t9,oo 3, g'{0.oc Balt replacement (a-or block)14{t ",'?{55S,oo Page 1 of2 lB.\ , oo I t^ .$?s, or The successful lowest tespiinslble hidder wlll be determined on the basls of the lgrreil fobl 3'Year coet. :' Contractor Com Datel .i',f,uf t'Con tractor Contractor F Contractor Emall I ,f IT DIB Reglstratlon tlumb 't53- and return a of bothcoFy bid,th6 Fallull to do so will tender Page 2 of 2 ) Q ovut STAFF REPORT AGENDANO: 8f MEETING DATE: March 5,2018 To:Honorable Mayor and Gity Council Date: March 5,2018 From: Sigalle Michael, Sustainability Coordinator - (650) 558-7261 Subject:Adoption of a Resolution Expressing Support for the Mayors for 100% Clean Energy Campaign and Authorizing the Mayor to Sign Declarations and Letters of Support on Behalf of the City Council that Align with the City's Climate Action Goals RECOMMENDATION Staff recommends that the City Council adopt a resolution in support of the Mayors for 100o/o Clean Energy campaign led by the Sierra Club and authorize the Mayor to sign future declarations and letters of support on behalf of the City Council that align with the City's climate action goals. BACKGROUND The Sierra Club is leading a campaign to encourage cities and communities across the country to endorse using 100% renewable energy by the year 2050. To date, more than 200 mayors nationwide have signed the endorsement letter, including the Mayors of Daly City, Portola Valley, Palo Alto, tt/enlo Park, and San Jose. ln June 2017, the US Conference of lttlayors - a bipartisan group of mayors from more than 250 cities - adopted a similar clean energy resolution encouraging cities to go 100% renewable by 2035. These actions are intended to influence the federal government and demonstrate cities' commitment to meeting the greenhouse gas reductions established in the Paris Agreement. Mayors and local governments are seen as being on the forefront of driving climate actions. DISCUSSION Signing the Mayors for 100% Clean Energy Endorsement affirms the City's commitment to reducing greenhouse gas emissions and complements the City's ongoing climate actions including, but not limited to: Adopting a resolution last August in support of the Paris Climate Agreement and joining the Climate Mayors Network - a network of mayors committed to meeting the Paris Agreement's greenhouse gas reduction targets. Joining Peninsula Clean Energy and enrolling the City's electricity accounts into the looo/o renewable rate ECO100. 1 Resolution of SupporT for Climate Action Letters and Declarations March 5,2018 Updating the City's Climate Action Plan as part of the City's sustainability focused General Plan update process. Staff recommends adopting the proposed resolution expressing the City's support for the lt/ayors for 100% Clean Energy initiative. The proposed resolution also authorizes the Mayor, acting on behalf of the City Council, to sign future declarations and letters of support that align with the City's climate actions. Staff anticipates that additional local and national climate action campaigns may emerge and be of interest to the City Council. The proposed resolution will allow the City Council to support and join such efforts that support clean energy, clean transportation, clean water, zero waste, green building, and pollution prevention. FISCAL IMPACT None Exhibits: o Resolution o Mayors for 100% Clean Energy Endorsement 2 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME EXPRESSING SUPPORT FOR THE MAYORS FOR lOO% GLEAN ENERGY CAMPAIGN AND AUTHORIZING THE MAYOR TO SIGN DECLARATIONS AND LETTERS OF SUPPORT ON BEHALF OF THE CITY COUNCIL THAT ALIGN WITH THE CITY'S CLIMATE ACTION GOALS WHEREAS, consensus exists among the world's leading climate scientists that global warming caused by greenhouse gas (GHG) emissions from human activities is among the most significant problems facing the world today; and WHEREAS, documented impacts of global warming include, but are not limited to, increased occurrences of extreme weather events (e-9. droughts and floods), adverse impacts on ecosystems, demographic patterns and economic value chains; and WHEREAS, the State of California has a mandated statewide reduction of GHG emissions to 80% below 1990 levels by 2050; and WHEREAS, the Paris Agreement resulted in a commitment from almost every nation to take action and enact programs to limit global temperature increase to less than 2 degrees Celsius, with an expectation that this goal would be reduced to 1.5 degrees in the future; and WHEREAS, a transition to achieve 100 percent renewable energy in the United States will significantly reduce greenhouse gas emissions and provide a range of benefits including improved air quality, public health, resiliency, and security; and WHEREAS, the City is committed to helping facilitate this transition alongside other communities that have prioritized climate actions; and WHEREAS, the City purchases 100 percent renewable energy for its municipal electricity accounts and actively encourages community-wide participation for '100 percent renewable energy; and WHEREAS, the endorsement of Mayors lor 100% Clean Energy affirms the City's pledge to rcalize a vision of 100 percent renewable energy. NOW THEREFORE, BE lT RESOLVED that the City Council of the City of Burlingame: '1 . lndicates its commitment to supporting 100% renewable energy for the City's municipal and community-wide energy needs. 2. Authorizes the Mayor to sign future declarations and letters of support on behalf of the City Council that advance clean energy and other climate action goals like clean transportation, clean water, green buildings, zero waste, and pollution prevention that promote greenhouse gas emission reductions and maximize economic and social co-benefits. Michael Brownrigg, 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 5h day of March, 2018, and was adopted thereafter by the following vote: AYES: NOES: ABSENT: I/eaghan Hassel-Shearer, City Clerk Councilmembers: Councilmembers: Councilmembers: MAY0R$ forl00% CTEA].l E1-lER0Y END0RSE['lEl'lI l, Mayor of support a goal of lOO percent clean, renewable energy in my city and across the United States. I believe that a transition to lOO percent clean energy is good for my community: lt will make us stronger, healthier, and more resilient; it will create jobs and new business opportunities; and it will allow us to become a more equitable society where everyone has opportunity in a thriving local economy. Nearly 2OO nations have agreed, for the first time in history, that the world must achieve lOO percent renewable energy by the end of this century. ln the United States, action by local government is already a significant driver of renewable energy growth because cities know firsthand that steps to reduce carbon emissions, clean the air, strengthen the economy, and improve lives. Positive, bipartisan, community-driven solutions are possible and already happening in our community. I will continue to work with all stakeholders to transrtion away from dirty energy and implement local, affordable solutions like energy efficiency, solar, wind, and pollution-free electric transportation. ** I hereby pledge to work with my community to realize a vision of lOO percent renewable energy in I.IAYOR,S SIGNATURE HAYOR,S t,IAt.{E I'tAYoR's I'tuNtc TPAUIY I,IAYOR,S OFFIcE AOORESS ctTY, STATE, ZtP I'IAYOR,S PHONE I'tAYoR's EilArt STAFT I.IEHBER's NAME SIAFF IlEIl8ER'5 IITI.E STAFF HETEER's PHOxE STAFF I'IEMEER's EI.IAIL hAYORAI, IERI'I ELECTTD AS DATE ( t"l Nl,r D D/\' v Y t o lvl i"1 //D D/YY Y )e.g. Rep. Detn., lnd., non-pertisen a U E S T I O N S : contact mayors4cleanenergy@sierraclub.org / 415-977-5606 To join Mayors For lOOTo Clean Energy, please print and sign the statement below, and send a scanned copy to mayors4cleanenergy@sierraclub.org. STAFF REPORT AGENDANO: 9a To: Date: From: Subject: MEETING DATE: March 5,2018 Honorable Mayor and City Gouncil March 5,2018 Margaret Glomstad, Parks and Recreation Director - (650) 558'7307 Acceptance of a Bust of Anson Burlingame to be Displayed in the Burlingame Library RECOMMENDATION Staff recommends that the City Council approve the acceptance of a gift of a bust of Anson Burlingame from artist Zhou Limin (Exhibit A). BACKGROUND On February 21,2017, the Council held a study session to discuss a public art display to honor Anson Burlingame. The Council agreed that further work could be done by an ad hoc subcommittee. Subsequently, an ad hoc subcommittee including Mayor Brownrigg and Councilmember Beach, Lance Fung and John Talley of Fung Collaboratives, Ruth Waters, Russ Cohen, Leslie Holtzman, and David Chai has been gathering community input and developing a Request for Qualifications and a Request for Proposals for the Call to Artists. ln addition, the artist Zhou Limin has offered to donate a bust of Anson Burlingame to the City. The bust is made of fiberglass, is bronze in color, measures 29" x 14" x 26," and weighs 44 lbs. Should the City Council choose to accept the bust, it would be displayed on the main floor of the Library under the skylight between the reading room and the media room. lt will sit on a bookcase with two frames attached to the wall on either side of the bust; the frames will contain written information about Anson Burlingame (Exhibit B). The bust would be exhibited in the Burlingame Library as part of a permanent display including an Anson Burlingame collection of books and materials along with a local history collection' DISCUSSION per the City's Art in Public Places policy (Exhibit C), an application (Exhibit D) is to be submitted to the City and routed to the appropriate Commission for approval before a public hearing is conducted by the City Council. ln addition, a notice of the proposed public art is to be published in the local paper at least 15 days before the Council meeting. On January 16,2018, the Library Board discussed the display and approved accepting the bust. The notice for this meeting was published on February 16, 2018. 1 Acceptance of a Bust of Anson Burlingame to be Displayed in the Burlingame Library March 5,2018 FISCAL IMPACT The cost for shipping is estimated at $1,500. The shipping has been guaranteed by an anonymous donor. Exhibits: o Picture of Anson Burlingame Bust o Draft Wording for Frames o Art in Public Places Policy o Donation of Public Art Application 2 z {f , ,, * ;t .& t ,, t: L a.. ,.u A i.; i I & ?2 a I lF I ar Exhibit B Anson Burlingame: Prototypical Californian A nson Burlingame, 1 820 - 1 870, was a political and diplomatic pioneer. A brilliant political omtor, Burlingame was outspoken against slav€ry, e champion of free speech, and an advocate for tr€ating all people and natioru equally. Burlingame's posilions were mosdy ah€ad ofhis time; ihey resonate in oufs. Burli;gme has been called a "messianic believer in American democracy"r but he was also, in ma[y ways, a Prctot]?icsl Califomiarl Bu ingame rose from modest roots; his father was a farmer and preacher. Wo*ing his wsy lhrough the UniveBity ofMichigdn and then Harvard Law, Budingame became known for his omtorical skills, which he later used to get etected to the Massachusetts State legislatwe (1852) and then to Congess (1854). His 1856 sp€€ch in the House against slavery and for free speech became widely quoted; it also elicited a challenge to dual by a souihem congressman, which Burlingame accepted. When the southemer failed to show up, Burlingeme's reputalion as a man who stood by his principles was sealed. Budingarne sensed the end ofthe mig Party and helped cofound lhe R@ublican Party in Massdchusetts to fight slav€ry's expansion in the US. As one of the new party's finest speakers, he was sent around the young country in 1860 to carnpaign for Republican c€ndidate Abraham Lincoln, to such a degree that he lost his own congessional s€at. President Lincoln soon found a mle, howe!'er, for young Burlingame (lhenjust 41): Lincoln appointed him to be the filst full time Ambassador to China, a nation that itself was going through !-ansformational change. Albeit a diplomatio amateur, Budingame rclied on his sense of equality and faim€ss as he coDstructed relatrons between one of the oldest nations on earth and one of the young€st. His actions eamed the trust ofthe Chinese govenment, to such a deglee that China sided with tlrc Union and denied access to its ports for south€m ships; Chin6 also opened its market to US railroads and othel enterpdses. lndeed, such was the trust the Chinese Govemment had in Burlingame that, upon his tenn coming to an end in 1E66, they asked him to be t eir envoy back to lhe USA and to the European Powers, a unique du.lity in diplomatic history. Burlingame recast the "unequal featies" that Westem poweE had forced on China, creating a new Us{hina treaty based on the pdnciples offiutusl rcspecl and Most Favorcd Nation status. This became the Burlingame-S€ward Trcaty of 1868. The impofiance snd novelty of this canrct be overernphasized: it was the first equal treaty China had sign€d wilh any major power. Wlut is his connection to the Bay Area? On one of Burlingame's hips between China and Washington DC, he stopped in San Fmncisc-{J, where he visited with a charismatic landholder aod banker, William Ralston (founder of the Bank ofcalifomia). Burlingame accept€d Ralston's invitation to acquiG lard on the Peninsula no(t to Ralston's owr rsnch in BelrnonP, aad made plans to retire there. The l20O acIes that Budingame acquired were m narned "Burlingame" by RalstorL and although Anson Budingame would die in diplomatic service before he could rctirc, this is why our City now bears his name. No less an American icon than Mark Twain saw fit to write Anson Burlingame's obituary, in *fiich he said: "For he had outgrown the narrow citizenship of a state and become a citizen of the world; and his charity was large enough and his great heart warm enough to feel for all its races and to labor for them. He was a good man, and a very, very great man. America lost a son, and all the world a servant, when he died.'o We, the people of Burlingamq Califomia, are Eoud to be linked to a man so far ahead ofhis own time and yet so suited to the prcs€nt day. We hoDor hi$ valu€s, which arc timeless. Done on the 1506 Anniv€rsary of the Burlingame-Seward Treaty of 1868, amending the treaty b€twe€D the UDited States of America and lhe Ta Tshg Empirc (China) of the 18th June, 185E. I David L Andenon: Anson Burlingame: Refonner and Diplomat I https://burlinqamememories.wordoress.com,ft istory+f-burlin game/ Excerpts from Anson Burlingame's Historical Speeches & Remembrance 1856 Anti-Slavery Speech in Congress pcopl€, 35 millions would have hailed the rising mom exulting in .epublican libeny - whcn wc think ofthesc things, how must every hon€st man -- how must every man with bmins in his h€ad, or h€an in his bosom -- r€gret the policy (ofslavery)..." smite down this Urion, thep€oplewill subjugate him to Lib€rty ard the Comtitution." that law, rhat the Federal covemme shall do it with its own iistruments, vile or otherwise. She says that no one clothed wilh her authority shall do anlthing to help in it..." cannot comprehend it." our whol€ duty. \ c shall sp€ak whatcver we choose ro speak, whenwewill, where we will, and how we will, resardl€ss ofall consequences." March 31't, 1858 Speech itr Colgress agaitrst the Lecomptotr Constitution (which would have made Krnsis a slsve state) mcn faher and All. Let th€m teach this trannical Administrstion, that ifit is stron& the people bchind it arc slongcr." I will vote to '!ive the people ofKansas one more chance for Freedom. Ifth€re were only one chame in a hundred, I would do it.-lll Historic Note: IGnsas was finally admitt€d to the Union as a fice state in 1861. From a prefice by an esrly biographer, Frederick Wellr Williams, 1912 "Y€t the r€al importanc€ ofArson Burlingame li€s ,tot so much in th€ man or in the endeavour as in the us€ ofan idea which he made th€ guiding principle of his service abroad. He b€lieved in the pmctical applicalion to the busines! oldiplomacy ofone ofthose clmmandmenh upon which hang all thc law and the prophetsr 'Thou shalt love lhy neighbour 3s thyself"' t'1 The la* by which Southern states meant to forcc Northern, free states to capture and retum runaway slaves to them. t:l https://archi ve.org/detai ls/appealtopatriots00burl SUBJECT: Art in Public Places CATEGORY: Administration PAGE: 2.18 CITY OF BURLINGAME July 23,2007 Exhibit C ADMIN!STRATIVE PROCEDURES I PURPOSE Since public art is a cultural reflection of a community and its people, it is important that procedures be in place for the acquisition and acceptance of art in the city of Burlingame. The purpose of this policy is to serve as a guide when considering aspects of public art, such as: Selection and acceptance of donated or loaned artwork, Placement or site selection, Funding projected maintenance, and De-accessioning or removal of artwork Changes to this Public Art Policy shall be directed, by Council, for review to a task force comprised of two (2) Beautification Commissioners, two (2)Library Board members and two (2) Parks & Recreation Commissioners. II DEFINITIONS Art as described in this policy is art intended to enrich the public environment for both residents and visitors. Art shall include, but not be limited to, sculptures, murals, paintings, graphic arts, mosaics, photography, crafts, mixed media, and environmental works. It shall include all artwork that is to be displayed for an extended period of time in a City- owned or leased facility or park, or a City- owned or leased open space. In this policy, Appropriate Commission refers to the City Commission whose sphere of influence is most closely associated with the facility or site in question. For example, the Parks & Recreation Commission will review applications for placement at park facilities or recreational buildings; the Library Board will review applications for placement at Library property; and the Beautification Commission will review applications for other City property. III SELECTION / ACCEPTANCE PROCESS When reviewing works of art for loan or gift to the collection, the Council, appropriate commission, and responsible department(s) shall consider whether: A The artwork l. is thought-provoking, memorable or enduring and shall reflect the diverse social, cultural, or historic values of the City A B C D 1Administrative Procedures 2. 1 8 JuJy 23,2007 2. is appropriate in terms of scale, form, content, and the environment 3. is durable relative to theft, vandalism and the environment 2Administrative Procedures 2. 1 8 July 23,2007 4. acknowledges and is sensitive to the importance of the contributions bylocal and regional artists to the City of Burlingame's art program 5. can be displayed on City property under the Federal and State Constitutions 6. meets the City of Burlingame's general library collection standards for appropriateness, and no depiction of specified sexual activities as defined in Chapter 10.58 of the Burlingame Municipal Codenoranyadvocacyofracism nor depiction of graphic violence shall be allowed. The City already owns sufficient examples or better examples of this type of object or the objects by a particular artist in a particular style The City has the facilities and resources necessary to properly care for and safe keep the object. The City has limited facilities and must consider the cost of processing, insuring, and maintaining the new artwork. Whether the artist or donor is prepared to execute a contract or other document which, in the estimation of the City Attomey and City Manager, protects and serves the fiscal and other interests of the City in connection with the acquisition or donation of the artwork proposed for display in a public area. IV SITE SELECTION When selecting sites for works of art for loan or gift to the collection, the Council, the appropriate commission, and responsible department(s) shall consider: A Whetherthe artwork can be properly installed, placed to be seen, and displayed with patron safety in mind B Compatibility of design and location within unified design character or historical character ofsite, preservation and integration ofnatural features ofthe project C Site design including landscaping, drainage, grading, lighting and seating considerations D Environmental impacts such as noise, sound and light E Public accessibility to the artwork, particularly handicapped areas F Impact on adjacent property owner's views G Impact on operational functions of the City After consideration of the above, final selection of site location is the decision of the City Council V FORM OF RECOMMENDATION TO COUNCIL Applications to donate artwork to the City will be made to the City Manager's office and will be routed to the Appropriate Commission. The Appropriate Commission will consider the staff s recommendation or comments, the criteria above, including written documentation, and, after a 30- day review period, will conduct a public hearing before making a recommendation to the City Council. The notice of the proposed public art will be published in the local newspaper at least fifteen (15) days before the end of the review period and will be delivered to property owners who live within 300' and are in view of the artwork. The documentation of the proposed public art will be available for review at the City Clerk's office during this period. B C D JAdministrative Procedures 2. 1 8 July 23,2007 Three members of the City Council must vote affirmatively in order to approve the decision. The City Manager will notifu donors of the City Council's decision. The notification, if the donation is approved, will include a description of the location where the art will be placed. The donation offer may be withdrawn al any time up until execution of an agreement between the City and the donor(s). VI MAINTENANCE OF IN PUBI,IC PLACES: The City Clerk shall maintain detailed records of all artworks acquired. The records shall include all items outlined in the application attached to this policy. The work of art will be maintained with the same care as the City does in keeping and maintaining other similar City property. Upon receipt of the work of art pursuant to this policy, the City will be responsible for insuring the work of art as it determines appropriate in its sole discretion; however, nothing in this policy shall imply that the City has any obligation to purchase or obtain any insurance regarding the work of art of any kind. Staff will take into account the donor's or artist's recommendations for the appropriate method and frequency of maintenance for each work of art. It shall be the responsibility of the City to: A Provide for the regular inspection of public artworks B Ensure that all maintenance of public artworks is completed with the highest standards of professional conservation C Report on the location and condition of each artwork to the City Council each year in time forbudget preparation, including recommendations forthe restoration, repair, or maintenance of artworks, and estimated costs ln the event repair, alteration, or refinishing of the artwork is required, the City shall first give the artist the opportunity to do the work for a reasonable fee if possible. However, it is recognized that the insurer of the artwork may require the repair, alteration, or refinishing to be done by the insurer's contractors. In the event the artist is unable or refuses to do the work for such a fee, the City may proceed to contract for the work with another qualified artist. VII REMOVINGOEACCESSIONING)ARTWORK Artwork may be removed from the City of Burlingame's art collection following review by the Appropriate Commission if: A The artwork's physical or structural condition poses a threat to public safety. B The artwork requires excessive maintenance, has faulty design or workmanship, and repair or remedy is impractical or unfeasible. C The artwork has been damaged and repair or remedy is impractical or unfeasible. D The condition or security of the artwork cannot be reasonably guaranteed. E Significant changes in the use, character or design of the site have occurred which affects the integrity of the artwork. 4Administrative Procedures 2. 1 8 July 23,2007 F Significant, adverse public reaction has continued unabated over an extended period of time G Removal is requested by the artist or donor. Removal should be a seldom-employed action that operates with a strong presumption against removing works from the collection. Removal will be undertaken only in extreme circumstances, and primarily when the condition of the artwork makes conservation impossible for technical or financial reason. Removal Procedures Prior to removing artwork, the Appropriate Commission shall prepare a written report for each object it recommends to be removed. The report shall include: A Title, artist medium, dimensions, and present location of the artwork B The origin/source of the artwork C Slide(s) and/or photograph(s) of the artwork D Report on the condition of the artwork E Estimated value of the artwork F Justification for disposal of the artwork G Recommendation for method of disposal of the artwork A copy of this report shall be distributed to each member of the Appropriate Commission for review at least one month prior to the meeting at which the removal of the work will be considered. Each member of the Appropriate Commission shall physically inspect the work and the Commission shall conduct a public hearing before voting on whether or not to remove the artwork. Prior to the Commission meeting, staff shall make a reasonable effort to locate the donor or hislher heirs to advise them of the City's consideration to remove the artwork and reasons for the decision. A report of the decision to remove the artwork will be given to the City Council. The decision ofthe Appropriate Commission will be deemed final, unless called up by a member of the City Council for Council approval. Disposition of artwork shall be handled in accordance with the requirements of Civil Code sections 987 and following and City procedures for disposition of surplus property. VIII ON-LOAN POLICIES The City Council may wish to accept donated artwork to the City for display on a temporary basis. Policies in addition to those listed in this document should be developed prior to the acceptance of artwork on a temporary basis. IX FUNDING FOR ART IN PUBLIC PLACES The City of Burlingame shall establish a special reserve account designated as the Art in Public Places Fund. This reserve account shall be credited annually, with funds allocated by the City through the budgetary process and monies received through donations or grants or otherwise obtained. The fund is to be maintained and administered by the City's Finance Director. 5Administrative Procedures 2. 1 8 July 23,2007 This account shall be used for the maintenance of public art. Expenditures of funds may include, but are not limited to, the following uses: costs associated with the transportation, installation, insurance, maintenance, repair, or restoration of artwork, and any costs to administer the art in Public Places program or purchase objects necessary for the proper presentation ofthe artwork. If individuals, entities, or groups donate undesignated funds to the Art in Public Places Program, the funds shall be deposited into the Art in Public Places Fund. The City Manager shall direct an Appropriate Commission to designate the funds for either the maintenance or purchase of arlwork. X PUBLIC ART PROPOSAL Anyperson wishing to donate artwork to the City of Burlingame must complete a Donation ofPublic Art Application, available in the City Manager's office. The application and accompanying materials shall include the following: A Photo, plans, model or other representation of proposed artwork B Proposed location of the artwork C Statement of reason for donation D Description of the artwork, including dimensions, weight, finish, and color, and system for mounting or displaying the artwork E Any special maintenance, mounting or display requirements F Artist biography G Statement of the approximate value of the proposed donation H Signage proposed for the artwork, including size, lettering and material (Note: signage shall be limited to the artist's name, title, and date of work, and where appropriate, a dedication. The name of the donor or lender may be part of the installation) James Nantell City Manager 6Administrative Procedures 2. 1 8 July 23,2007 City of Burlingame's Donation of Public Art Application (Please complete this application as.full:t as possiblel Date:_ Project Name Proposed Location/Address Proposed by Email Address City zip Reason for donation Artist Name Phone Address City Description of Artwork (Include finish and color) Email zip Approximate Weight Approximate Dimensions System for Mounting of Displaying Artwork Maintenance, Mounting or Display Requirements Approximate Value: $Approximate Annual Maintenance Costs: $ Please attach o Photo, plans, model or other representation ofproposed artwork o Artist biography . Signage proposed for the artwork, including size, lettering and material 7Administrative Procedures 2. 1 8 July 23,2007 Phone (Please contplete this aoplication as -fulht as possible) City of Burlingame's Donation of Public Art Application Exhibit D ,u,". January 9, 2018 Project Name Anson Burlingame Bust proposed Location/Address Burling ame lMain Library 1st Floor Proposed City of Burlingame Phone 558-7307 Ema, mg lomstad @bu rl i ngame. org Aaaress850 Burlingame Ave Burlingame 9401 0 Reason for donation To honor Anson Burlingame ArtistName Zhou Limin Phone Email Address Description of Artwork (Include finish and color) Fiberglass (may be bronze depending on donation of funds) bust of Anson Burlingame. Bronze in color. See attached picture. Approximate Weigh t 44 lbs.App roximate Dimensions 29" x 14" x26" System for Mounting of Displaying Artwork It will sit on the bookcase with two frames attached to the wall on either side of the bust. Maintenance, Mounting or Display Requirements Periodic dusting. Approximate Value: $App roximate Annual Maintenance Costs: $ N/A Please attach. Photo, plans, model or other representation of proposed artwork . Artist biography. Signage proposed for the artwork, including size, lettering and material [rv Cifv STAFF REPORT AGENDA NO: 9b MEETING DATE: March 5,2018 To:Honorable Mayor and Gity Council Date: March 5, 2018 From: Kathleen Kane - (650) 558'7204 Syed Murtuza- (650) 558'7234 Subject: lntroduction of an Ordinance Amending Chapter 13.52 of the Burlingame Municipal Cod e Regarding Reg ulation of Bicycles RECOMMENDATION Staff recommends that the City Council consider the introduction of an ordinance amending Chapter 13.52 of the Burlingame Municipal Code to eliminate the requirement for locally issued bicycle licenses and update the Code to reflect current state law and best practices regarding the regulation of bicycles within the city. ln order to do so, the Council should: A. Receive the staff report and ask any questions of staff' B. Request that the City Clerk read the title of the proposed ordinance. c. By motion, waive further reading and introduce the ordinance. D. Conduct a Public hearing. E. Following the public hearing, discuss the ordinance and determine whether to bring it back for second reading and adoption. lf the Council is in favor of the ordinance, direct the City Clerk to publish a summary of the ordinance at least five days before its proposed adoption. BACKGROUND City staff, the Traffic, Safety and Parking Commission (TSPC), and the Parks and Recreation Commission have recenly reviewed Burlingame Municipal Code Chapter 13.52. That chapter was determined to be in need of updating in light of current state law and best practices for regional cities. The current regulations require bicyclists to register their bikes with the Police Department, although the Department no longer receives requests for licenses. The regulations also prohibit riding bicycles in parks, including by children learning to ride, and further prohibit baby and child seats. The regulations have also become inconsistent in certain areas with state codes regarding how to ride bicycles on streets and roads. The TSPC and Parks and Recreation Commission reviewed the existing and proposed ordinances, and their recommendations are incorporated in the attached draft. Staff notes that the parks and Recreation's proposed language is incorporated as it pertains to parks, rather than 1 Ordinance Amending Bicycle Regulations March 5, 2018 the language discussed at the TSPC, since the regulation of activities within parks is in the former commission's more direct authority. DISCUSSION Several portions of the existing Chapter 13.52 are recommended for removal. All requirements for a local City license would be deleted under the recommended amendment (Sections 13.52.010, 13.52.020, 13.52.030, 13.52.080, and a portion of 13.52.160). Other portions of the code would be removed or significantly modified, such as those relating to transfer of ownership (13.52.040, 13.52.050) and lost or stolen bikes (13.52.060). The code would be updated to include the standards for safe bicycle riding set forth in the California Vehicle Code. Further, baby and child seats would be permitted, as would riding bicycles in parks with the requirement that cyclists yield to pedestrians. Staff strongly recommends removal of the license requirement (with its related provisions) and bringing the code into conformance with the relevant California Vehicle Code provisions. Council's input on the other policy decisions embedded in the attached proposed amendment is welcome, and the ordinance can be re-introduced if any further revisions are deemed necessary. FISCAL IMPACT None. The City currently does not collect licensing fees from bicyclists; the other suggested revisions are to regulations that do not affect revenue' Exhibit: o Proposed Ordinance 2 oRDtNANCE NO._ AN ORDINANCE OF THE CITY OF BURLINGAME AMENDING CHAPTER 13.52 OF THE BURLINGAME MUNICIPAL CODE WHEREAS, the City has received requests to amend portions of Chapter 13.52 to better reflect current conditions; and WHEREAS, the City's bicycle regulations were adopted over eighty years ago and last substantively amended in 1975; and WHEREAS, subsequent changes in both state law and recognized best practices relating to bicycle use necessitate revision of the City's bicycle regulations; and WHEREAS, the amendments to the bicycle ordinance have been reviewed by City staff, interested members of the public, and both the Traffic Safety and Parking Commission and the Parks and Recreation Commission; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BURLINGAME DOES ORDAIN AS FOLLOWS: Section 1 : Burlingame lvlunicipal Code Chapter 13.52 Bicycles is hereby amended as follows (deletions denoted as strikethrough text and additions as underlined text): lS-H{€+i€ense-reqsirea nranallazl hrr hr rman nmuar thrar rah a cvcf6m ^f h6llc ^h.inc whelly er in part by museular pewerupen any ef the streets' alleys er i€e .l^h-r+m^^+ - li^^^6^+^.t^6^ l1OA1 l aAaR4AA-7 nrA 1n,4a R 4 14O78\\ 'l 3.52.01 5 Police exempt. The provisions of this chapter shall not apply to a member of the police department while operating a bicycle in the course and scope of his or her duties. DIVISION 1: 13-52-020 lssuanee and term ef lieense, Upen written applieatien and payment ef the lieense fee speeified' the ieense te the applieant, whieh lieense when issued shall entitle the lieensee fer a perieO et three €) the bieyele fer whieh the lieense was ebtained upen the streets, alleys 13,52-030 tieense plates and registratien eards ReeerCs, The eity shall previde sueh lieense indieia as may be supplied by the State Department ef Meter Vehieles whieh lieense indieia shall bear a unique lieense number, lt shall be the duty ef the peliee department te +eensee e+a bieyele ne lenger is te be eperated, (19 l1 Cede S 1469' Ord, 494' (1950); W ie It shall be the duty ef every persen whe sells er transfers ewnership ef the name and address ef the persen te whem sseh bieyele was seld er transferred, lt shall be the duty ef the purehaser er transferee te apply te the peliee department fer a transfer ef the registratien ef sueh bieyele within ten (10) days after sueh sale er transfer, (1911 Cede S 1 170; Ord, {€4€#4e75)) 13-52,050 Repert ef purehases and sales by bieyele dealers- It shall be the duty ef all persens, firms er eerperatiens engaged in the ease ef new bieyeles seld; the repert shall eentain the name and address ef the purehaser and a deseriptien and frame number ef the bieyele, The feregeing reperts shall be made te the peliee department within twenty feur (2 l) heurs after sueh purehase er sale, (19 l1 Cede S 1 171) 13-52,060 Netiee ef lest er stelen bieyeles, ln ease any bieyele is lest er stelen; the ewner er persen in eentrel thereef shatt immediately netify the peliee department, (1911 eede S 1474 13,52,080 Remeving er mutilating lieenses, It i+unlawful fer any persen te willfully er malieieusly remeve; defaee' mutilate er alter any bieyele lieense indieia' plate' seal, registratien 6ard er the number thereen, during the time in whieh the same is eperative; i ({€75) 13,52-090 tieense fee Fee fer replaeing lest lieense indieia. The lieense fee fer the registratien ef eaeh bieyele shall be ene dellar whieh shall be fer a peried ef three (3) years; exeept that a fee ef fifty ieia whieh has been lest, (1911 Cede 51475; Ord,495; (1950)lOrd 1018 S 7-(-1€75) Every persen riding er eperating a bieyele en any publie street; alley er puUtie pla6e in the e unlawful fer any persen te ride er eperate a bieyele en the sidewalk-in any ef the business distriets ef the eity, and ne bieyele shall be eperated en 13.52.100 Keeping to right-Two abreast-Riding on sidewalks. the sidewa+k ir any ef the residential distriets \vhen and wher€ the a An erson o atin the normal speed of traffic movinq in the same direction at that time shall ride as close as practicable to the riqht-hand curb or edqe of the roadway exceot under anv of t he followino situations (1) When overtakinq and passinq another bicycle or vehicle Droceedinq in the same direction. rn at an intersection or into a private road or drivewav. (3) When reasonably necessary to avoid conditions (includinq, but not limited to fixed or movin o ob ects vehicles lesbicvc pedestrians, animals, surface hazards, or substandard width lanes) that make it unsafe to continue alonq the riqht-hand curb or edoe. subiect to the orovisions California Veh cle Code Section 21656. For purposes of this section, a "substandard width lane" is h n hinnrbi b side by side within the lane. (4) When approachinq a place where a rioht turn is authorized An rson o ratin ab ofahaa hiqhwav carries traffic in one direction only and has hvo or more marked traffic lanes, may ride as near the left-hand curb or edqe of that roadway as practicable. (e) lf anv of the above provisions of his section become inconsistent with the California Vehicle Code due to subsequent amendments to that Code, the state law provisions then in effect shall supersede the inconsistent provisions of this section 13.52.110 One person on lyj_@Slgls. Bicycles designed and constructed to carry only one person shall not be used to carry any additional person or persons either on the handlebars thereof or elsewhere thereon. unless equipment that has been desioned (c) lt is unlawful for two (2) or more bicvcles to travel abreast when motorized vehicle traffic is present. (d) lt is unlaMul for anv person to ride or operate a bicvcle on the sidewalk in anv of the business districts of the citv. and no bicvcle shall be operated on the sidewalk in anv of the residential districts when and where the sidewalk is beinq used bv pedestrians. and manufactured for transportation of additional passenqers in a safe manner has been properlv affixed to the bicvcle and is used as desioned 13.52.120 Pulling other vehicle. Bicvcles shall onlv be allowed to oull another vehicle/trailer that has been manufactured and desioned for t ransoortation of additional rS I ui ment. ln order to com with this rovston an vehicleitrailer must be properly a nd safelv affixed to the bicvcle in a manner that is consistent with the manufacturer's instructions. Ne persen while riding any bieyele shall held en te er pull anether meving trcAitla l4OA4 t"nrla A 1./7a\ "-,-,9,9.\.:- 13.52.130 Obedience to traffic signs and signals-Signaling intention to turn. Every person riding and operating a bicycle shall obey all traffic signals and signs, and before making turns shall give the same signals as required of the operators of motor vehicles. 13.52.140 Lights at night. No rider of a bicycle shall ride the same at night without an adequate white headlight on the front thereof and a red light or red reflector on the rear, as required by the Vehicle Code of the state of California. 13.52.1 50 Parking in racks-lmpounding bicycles lying sidewalks. on The Citv p€li€e-depaHmen{ shall provide and set up suitable racks adjacent to the curb or gutter at such places in the business districts of the city as may be deemed advisable for the parking of bicycles by persons who have occasion to stop temporarily in such districts. All bicycles found lying on the sidewalk may be taken up and impounded by the police department, from whence they may be recovered by proving property and obtaining an order from the chief of police or his or her desiqnee. 13.52.160 lmpoundment of bicycles and suspension of license for violations. ln addition to or in lieu of any other penalty to be imposed for the violation of any of the provisions of this chapter, the court may prohibit the operation upon the streets, alleys and public places of the city for a period of not to exceed thirty (30) days, of the bicycle used in such violation, in which event the bicycle so used shall be impounded with the police department and retained there for the prohibited period. l+ sueh ease-{}e ewner's lieense shall be suspended and his er her Gard held fsr ihe peried rlr rrinn rrrhiah tha nnaratinn ^f fha h;^r,^l^ ic nrahihitarl l4OA4 l aAa I l'1OA'l a^A6 R 4)rr'). .)rA AAL 148B) 13.52.180 Riding on park or playground Bicycles operated on anv path in anv public park or playqround within the city shall vield riqht of wav when and where the path is beinq used by pedestrians. Bicvclists shall obev all posted park rules and speed limits. and may be cited for failure to do so. lt is unlawful for an y person to rlde, drive or operate a bieyelq motorcycle or motor scooter in or on any public park or playground within the city \,--,vggvl es4s) lf any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance. The Council declares that it would have adopted the Ordinance and each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid. This Ordinance shall be published in a newspaper of general circulation in accordance with California Government Code Section 36933, published, and circulated in the City of Burlingame, and shall be in full force and effect thirty (30) days after its final passage. Michael Brownrigg, Ivlayor l, Meaghan Hassel-Shearer, City Clerk of the City of Burlingame, do hereby certify that the foregoing ordinance was introduced at a public hearing at a regular DIVISION 2: DIVISION 3: meeting of the City Council held on the 5th day of March, 2018, and adopted thereafter at a regular meeting of the City Council held on the _ day of the following vote: 2018, by AYES: NOES: ABSENT: Councilmembers: Councilmembers: Councilmembers: Meaghan Hassel-Shearer, City Clerk STAFF REPORT AGENDANO: 10a MEETING DATE: March 5, 2018 To:Honorable Mayor and City Council Date: March 5,2018 From: Syed Murtuza, Director of Public Works - (650) 558-7230 Subject: City Counci! Policy Direction Regarding Placement of Wireless Cell Antennas on City-Owned Utility Poles RECOMMENDATION Staff recommends that the City Council review information pertaining to the placement of wireless cell antennas and related equipment on City-owned utility poles, and provide direction to staff. BACKGROUND ln recent years, wireless telecommunication service providers such as AT&T, Verizon, T-Mobile, and others have said that they are experiencing increased customer demand, particularly with respect to data capacity and wireless broadband speed. As a result, they wish to deploy new wireless communication antenna and related equipment in the city to meet not only the current data demands but to prepare for 5G (Sth Generation) technology. The providers believe that the deployment of wireless small cell antennas on street light poles will enhance wireless broadband services and benefit Burlingame's residents, businesses, visitors, first responders, and emergency communication. ln the last few years, the City has received multiple inquiries from wireless service providers regarding their interest in placing small cell wireless antennas and related equipment within the public right-of-way on City-owned street lights and traffic signals and on PG&E-owned wooden poles. Typically, small cell antennas are placed in densely populated areas that need additional network capacity, such as downtowns, heavily used traffic corridors or areas that cannot be effectively served by traditional macro cells. These small cell wireless antennas are not intended to replace macro cell sites, but to fill in areas that do not have sufficient capacity. lllustrations of typical small cell wireless antennas and equipment are shown in the attached Exhibit A. Wireless telecommunications facilities are licensed and regulated by the California Public Utilities Commission and the Federal Telecommunications Act of 1996. A city can, within reasonable limits, control the time, place, and manner of installation, provided the local restrictions do not impede the provision of service. Recognizing that the City must act thoughtfully and carefully in a field with rapidly evolving technology, the City has established policy, standards, and procedures related to such proposals. ln 2012, the City Council adopted Ordinance No. 1870 entitled "Wireless Communications 1 City Council Policy Direction Regarding Placement of Wireless Cell Antennas on City Owned Utility Poles March 5,2018 Facilities" to guide and facilitate modernization of Burlingame's communications infrastructure. The purpose of the ordinance is to provide a process to regulate and control the placement of wireless communications facilities from the perspective of time, place, and manner in compliance with State and Federal regulations. DISGUSSION On February 1,2018, the City received a letterfrom Wireless Policy Group, LLC, on behalf of AT&T, requesting the City's approvalto install small cell wireless antennas and related equipment on eight City-owned street light poles (see attached Exhibit 8.1 and 8.2). (Other providers have also contacted the City in the past but have not submitted formal requests.) Additionally, staff is in the midst of processing Conditional Use Permit applications from AT&T to install seven other small cell antennas on PG&E-owned wooden poles. The total number of antennas and pole counts will very likely increase as network traffic demand continues to grow. The City currently has a total of approximately 1,990 street lights; 900 of these are on wooden poles owned and operated by PG&E, while the remaining 1,090 are on metal/concrete poles owned and operated by the City, located in streets, City parking lots, and parks. ln addition, the City owns and operates approximately 40 traffic signal poles. Under the current regulations, it is within the City's discretion to allow leasing of City-owned utility poles for the placement of wireless telecommunications facilities. Should the City Council be amenable to allowing the placement of these antennas and related equipment on City-owned facilities, then prior to allowing such installations, staff recommends the development of comprehensive and well thought-out policies and guidelines in order to properly and consistently review and process applications. Policies and guidelines should, at a minimum, address the following: . Preservation and maintenance of local aesthetics; o Minimizing cluttering of public right-of-way associated with the installation of freestanding equipment cabinets and sidewalk compliance with ADA requirements; o Compliance with Federal Communications Commission allowable safety limits for RF (radio frequency) exposure, including exposure levels to City staff maintaining street lights; o Minimizing obstruction and limiting of City's use of poles, such as signage for street name, parking, traffic, and community event banners; . Avoiding conflicts with existing and planned City-owned utilities; . Limiting placement on City-owned street poles to acceptable districts; . Limiting number of wireless facilities allowed within specific distance from each other; . Provisions for standard Master Lease Agreement, including but not limited to maintenance, liability, repair, and abandonment; and o Administration fees, deposits, and leasing fee schedule. 2 March 5, 2018 Additionally, under the current Wireless Communications Facilities Ordinance, applicants are required to demonstrate their best efforts to comply with the location preference order when determining the location installation. Per the ordinance, placement on existing utility distribution poles and streetlights is low in preference, if not the lowest in certain areas. The attached Community Development Department Memorandum provides additional information on the location preference (see attached Exhibit C). Staff surveyed several local agencies to find out how they are dealing with these types of requests. Staff finds that most agencies surveyed have been approached by wireless service providers requesting installation of wireless communication facilities on City-owned utility poles. Many agencies have in place, or are in the process of developing, policies and guidelines to process such requests. Agencies that have approved installations have established some form of lease agreement with fee mechanism. Typical annual lease rate ranges from $1,200 to $2,000 per pole with built-in escalators. A summary of the survey is attached as Exhibit D. Additional information and definitions regarding wireless antennas is contained in the FAQs document (Exhibit E). F!SCAL IMPACT Should the City Council elect not to allow placement of wireless communications facilities on City- owned street lights poles and traffic signal poles, there is no fiscal impact. However, if the City Council wishes to allow placement of cell antennas and related equipment on City-owned street lights and traffic signal poles, a comprehensive policy needs to be developed, which would require the commitment of significant staff time and resources to the project. This would entail taking staff time and resources away from existing and planned projects, and will also require help from outside experts for legal and technical guidance to properly develop policies, perform public outreach, and amend the existing City ordinance. Once the policies are in place, however, lease revenues from the installations could offset or exceed the costs of that initial work. At this time it is difficult to assess the fiscal impact of undertaking this effort. Exhibits: o Exhibit A - lllustration of Typical Small Cell Wireless Antenna and Equipment o Exhibit 8.1 - AT&T Letter o Exhibit 8.2 - List of City-owned Street Light Poles Proposed for Placement of Antenna . Exhibit C - Community Development Department Memorandum . Exhibit D - Survey of Local Agencies r Exhibit E - FAQs Regarding Wireless CellAntennas 3 City Council Policy Direction Regarding Placement of Wireless Cell Antennas on City Owned Utility Poles Exhibit A Illustration of Typical Small Cell Wireless Antennas and Equipment Rendering of proposed cell antenna and related equipment submitted as attachment to AT&T letter. This City-owned street light pole is located at the southwest corner of Old Bayshore Highway and Malcolm Road :21.1-z j/.:7.:2...;ll2Zl:..Q': v* ?.v w Existing facilities at Bay Street and North View Court in the Russian Hill neighborhood of San Francisco. According to SF Planning Department, staff worked with the carrier to place the existing road signs in front of the two equipment enclosures. lt4"/ o .oco =(-) 0)cF.iv =N =a Go) ii (L The antenna enclosure (top) and power amplifier (two boxes on side of pole) for a small cell is seen on a light pole on February 2,2017, in San Francisco. I) , , ) / 4*..t II *, II 4>.-4 :-' l Ir :;.: I@ * t The Bureau of Street Lighting, Los Angeles, installed SmartPole streetlights, which houses 4G LTE wireless technology and equipment within the pole. |a' I 2, -< -t z I* ;' I l' t' at&t January 30, 20L8 Lisa Goldman City Manager City of Burlingame 501 Primrose Road Burlingame, CA 94010 RE:City of Burlingame - Proposed Master Attachment Agreement for AT&T Sma!! Ce!! Use of City Owned Light Poles Dear Lisa, I am writing this letter on behalf of AT&T Mobility in Northern California ("AT&T"). AT&T is requesting approval for small cell installations on City owned light poles. AT&T understands that there is no agreement or guidelines in place regulating such installations in Burlingame and proposes to use the AT&T template agreement enclosed with this letter and previously provided to staff. We've also attached a couple of small cell sample designs showing antenna and equipment located on City owned light poles. Additional specifications and potential location details can be provided to the City as needed throughout the process although this information should be considered as potential and not firm until permit applications are submitted or a pole reservation process commits them to AT&T. AT&T believe that Burlingame, like many bay area cities, would like to be a leader in the deployment of small cells, wireless broadband services, and 5G technology for the benefit of its residents, businesses, visitors, and first responders/emergency services personnel. AT&T shares this goal, and is prepared to invest significantly in small cell technology throughout the City to enhance its network capabilities. AT&T currently has planned use of eight (8) City owned light poles, although this count may change once the actual poles go thru structural and other engineering processes. lt is important to understand that the actual pole counts for AT&T and other carriers will fluctuate and very likely increase as network traffic continues to grow. We request that the City consider the following as it approaches small cell pole attachment agreements Skyrocketing demand for wireless technology: AT&T and other carriers are responding to a significant increase in demand for wireless services. For example: o Since 2007, AT&T has seen data usage on its network increase by 250,000 percent.l o Over half (50.8%) of American homes no longer use traditional landline telephone service and instead choose to use wireless only.2 t http ://a bout.att.com/story/att-details-5g-evolution.html 2 CDC Wireless Substitution: Early Release of Estimates from the National Health lnterview Survey, July-December 201.6 (released May 20L7). More than two-thirds of American adults aged 25-29 (72.7%l and aged 30-34 (77%\ live in households with only wireless telephones.3 To meet the skyrocketing demand in residential areas, better serve businesses, and enhance public safety, carriers need viable options for siting new facilities in a way that will provide meaningful coverage and capacity and high-quality service. Small cell facilities can add much-needed capacity, and in some cases coverage, to targeted areas with mlnimal impacts to the community. Unique benefits for first responders and the public safety community: Furthermore, mobile communications are a critical tool for first responders in emergency situations. According to the Federal Communications Commission ("FCC"), nearly 70 percent of 91L calls are made from wireless phones and that percentage is expected to continue to grow.a The increased wireless data speeds and improved call quality that small cells provide could complement next- generation 9-1-1 and emergency response services to improve public safety. We ask that the City consider the important public safety benefits that increased network capacity can provide, particularly in dense urban areas. AT&T and it's consultant, Mr. Cliff Fitterer of the Wireless Policy Group, LLC, looks forward to working with you on next steps to initate the appropriate agreement a nd processes for a llowing these small cell attachments. We look forward to developing our partnership with the City of Burlingame. Please let either Cliff or I know if you have any questions. Very truly yours, kr*..Wo,Rengt Rick Workmon Senior Program Manager - Cell Site Real Estate AT&T Mobility - Northern California 2600 Camino Ramon San Ramon, CA 94583 92s-277 -6323 lFax 866-789-4395) (fw1440@att.com) Enclosure: AT&T Agreement Template Cc: Mr. Cliff Fitterer, Senior Vice President - Network Development, Wireless Policy Group, LLC (cl iff .fitterer@wi relesspolicy.com], 475.27 2.67 74 t td. 4 FCC all Wireless Services Consumer Guide httpsi//www.fcc.gov/consumers/guides/911-wireless-services ,t€at&E:l a SAMPTE 1- SMALL CELL DESIGN SAMPLE 2 - SMALT CEIL DESIGN 96191 w EXHIBIT 8.2 LIST OF CITY OWNED STREET LIGHT POLES PROPOSED FOR PLACEMENT OF ANTENNAS LOCATION EX!STING COND!T!ON Fronting 321 Primrose Road This location is within Downtown Burlingame Avenue Area. Proposed antenna and related cabinets on the pole may restrict the City's continual use of placing downtown banners City events and parking signs. LOzL Burlingame Avenue (at East Lane) Steel pole with parking signs. There are PG&E poles within 100-ft of this City own street light. Proposed antenna and related cabinets on the pole may restrict the City's continual use of placing parking signs. 1333 otd Bayshore Hwy (in front of Hyatt Regency) Steel poles with advance pedestrian crossing warning sign. Proposed antenna and related cabinets on the pole may restrict the City's continual use of placing advance warning signs. I t. 'a , +.B r- gt LOCATION EXIST!NG CONDITION 1500 0ld Bayshore Hwy (at Hinckley) Steel poles with traffic control and parking signs. Proposed antenna and related cabinets on the pole may restrict the city's continual use of placing signs.ru mw t\ II 3 il -. -l '.'Ad :. :.I "7 *€ *a , 1699 0ld Bayshore Hwy (Malcolm Road) Steel pole with street name sign. Proposed antenna and related cabinets on the pole may restrict the City's continual use of placing signs. Across from 1849 Old Bayshore (near El Portal Channel) Steel pole with traffic control signs. Proposed antenna and related cabinets on the pole may restrict the City's continual use of placing signs. '': :a s. E ..- I z a :..rII I a , : 7-i 2 a '*z=I t S.--, a LOCATION EXISTING CONDITION 1524 Rollins Road (at Davis Road) Steel pole. Proposed antenna and related cabinets on the pole may restrict the City's use of placing signs. 1730 Rollins Road (between Guittard Rd and lngold Rd) Steel pole. Proposed antenna and related cabinets on the pole may restrict the City's use of placing signs. CITY OF BURLINGAME Com m u n ity D evelopm ent De partme nt MEMORANDUM &ttruth/ DATE: TO: FROM: SUBJECT February 14,2018 Lisha Mai, Associate Engineer Ruben Hurin, Senior Planner Proposalto lnstall Small Cell lnfrastructure on City-Owned Light poles Completely enclosed within existing, permitted buildings. Located on electric power transmission towers. Co-located on existing wireless communications facilities. The roof of existing structures (buildings, water tanks, etc), designed to blend in with the building, camouflaged or screened from the public right-of-way which constitutes a pedestrian travel corridor. The side of existing structures (buildings, water tanks, etc.), designed to blend in with the building, camouflaged or screened from the public right-of-way which constitutes a pedestrian travel corridor. Camouflaged stealth structure (a false tree, building, artifice, etc). Existing utility poles, with all ancillary equipment placed underground if feasible, camouflaged or screened. Existing utility distribution poles and street lights. Slim line monopole, with antennas in a canister at the same diameter as the pole. standard monopole with attached flush-mounted (not extending more than twenty-four (24) inches from the pole) antenna elements. The Community Development Department - Planning Division has the following comments on the proposalto install small cell infrastructure on City-owned light poles: 1. Underthe current Wireless Communications Facilities Ordinance, the proposed installations will require an application for a Conditional Use Permit for each location. Each proposed installation will be reviewed by the Planning Commission during public hearings pursuant toBurlingame Municipal Chapter 25.77 (Wireless Communications Facilities). Recommendations are not provided by Planning Division staff. 2. The Wireless Communications Facilities Ordinance requires that in determining the location of proposed wireless communication facilities, applicants should use best efforts to comply with the location preference order listed below. lf applicable, the applicant will be required to include an explanation of the reason that the proposed facilities cannot be deployed at a higher-preference location. Wireless communication facilities must be located where feasible in the following locations by descending priority: (1) Locations within Non-Residential Zoning Districts, which are more than five hundred (500) feet from Residential Zoning Districts or the Burlingame Downtown Districts and which are not within the Burlingame Downtown Districts: (A) (B) (c) (D) (E) (F) (G) (H) (t) (J) Community Development Department [Vlemorandum February 15,2018 Page 2 (2) Non-Residential Zoning Districts within five hundred (500) feet of Residential Zoning Districts or the Burlingame Downtown Districts, and the Burlingame Downtown Districts. (A) lntegrated into non-residential uses (libraries, churches, temples, etc.) designed to blend in with open space (playing fields, parking lots, parks, etc.); hidden from pedestrian view by means of stealth design, stealth structures, architectural integration or screening.(B) Co-located on existing wireless communications facilities which are in compliance with the provision of this chapter.(C) ln public right-of-way, within new light poles with interior stealth installations of cabling and antenna, and to the extent feasible, control equipment.(D) ln public right-of-way, on existing utility or light poles, with all ancillary equipment either underground, if feasible, camouflaged, screened or painted to blend into the surrounding structure. (3) Residential Zoning Districts. (A) lntegrated into non-residential uses (libraries, churches, temples, etc.) or designed to blend in with open space (playing fields, parking lots, parks, etc.); hidden from view by means of stealth design, stealth structures, architectural integration or screening.(B) Co-located in existing wireless communications facilities which are in compliance with the provisions of this chapter.(C) ln public right-of-way, within new light poles with interior stealth installations of cabling and antennae, and to the extent feasible, control equipment.(D) ln public right-of-way, on existing utility or light poles, with all ancillary equipment either underground, if feasible, camouflaged, screened or painted to blend into the surrounding structure. Exhibit D - Survey of LocalAgencies Agency Are Antennas Allowed on City-owned Utility Poles? (Y/N) Has the City Approved lnstallation? (Y/N) Does the City have Policies and Procedures? (Y/N) Leasing Arrangement Alameda Considering N Developing Considering $1,200 per pole per year Antioch Considering N Considering $2000 per pole per year, adjusted annually at 3o/o lor 10 year period; one-time Master License Admin Fee $8,000; $500 Pole License Admin Fee for each additional sites. Belmont N Under consideration Citrus Heights Considering N $4,000 deposit admin fee $2,000 review fee $1,500-$3,000 Design Review Leasing amount TBD Cupertino Processing Developing $1,500 per pole per year Dublin Considering N Developing $1,000 License Fee, 10 yr term $4,000 processing deposit $2,000 admin deposit Fremont Considering N Developing Negotiated on case by case basis Lake Forest Considering N Developing Considerang $2,000 per pole per year, for 100 poles. Lemoore N N lnstallation on City owned poles not permitted at thi- time Millbrae Processing Under consideration Marin $15,000 one{ime agreement admin $500 per pole processing $1,200 per pole per year Palo Alto Developing Piedmont Approved 3 Denied 5 $ 1 ,500 per pole per year Pleasanton $100 per pole per MONTH for up to 100 poles Redwood City Considering N Developing Under consideration San Carlos N N Developing Under consideration San Francsico $4,000 per pole per year San Juan Capistrano Considering N Developing Under consideration San Mateo Y N Considering $1,500 per pole per year Sanger N N Developing lnstallation on City owned poles not permitted at this time Stockton $1 500 to $2000 per pole per year Watsonville Considering N Developing Under consideration The City of Burlingame PUBLIC WORKS DEPARTMENT Frequentlv Asked Questions about reless Telecommunications Facilities CORPORATION YARD TEL: (650) 558-7670 FAx: (650) 696-1 598 TEL: Fax: (6s0) (650) 558-7230 685-931 0 Common Terms associated with Wireless Telecommunications Facilities DAS - Acronym for a Distributed Antenna System. A network of antennas and equipment enclosures usually attached to poles in the public right-of-way. "Macro" Wireless Telecommunication Services (WTS) Facility - Typically three to sixteen panel antennas mounted on the roof of a building or on a cell tower, along with multiple equipment cabinets. "Micro" Wireless Telecommunications Services (WTS) Facility - Typically one or two antennas mounted on the roof of a building Public Right of Way (PROW) - Typically refers to public streets, sidewalks and easements, where light and utility poles are placed. Small Cells - Are similar to DAS, though they have a different communications network architecture 1. What are small cellfacilities? Small cells are single small antenna placed on existing utility poles or street light poles along with small pole mounted radios and other accessory equipment. Small cells on utility poles are typically consist of one 4-foot tall by14-inch diameterantenna mounted on top of the pole and a numberof smallboxes consisting of radios, electric meter, a disconnect switch and a fiber box placed further down the pole. Other related equipment such as a standalone cabinet or equipment pedestal in the sidewalk may be required. 2. Why are these facilities being requested for installation now? Small cells are the most recent progression of wireless radio technology and are part of the strategy by wireless services providers to increase their network capacity and improve their coverage, allowing wireless providers to support more user and faster mobile broadband speeds. lt is expected that over the next few years, the roll-out of next-generation 5G wireless will require the deployment of many more antennas. 3. What is the range of these systems? On average, small cell and DAS have an approximate range of 150 to 500 feet. The wide range is a result of factors such as mounting height, different power output (either 66, 100, or L74 watts), and objects that can potentially block the signal such as trees or buildings. For comparison purposes, a typical rooftop-mounted "macto" facility, with higher power usage (e.g. 10,000+ watts), and a higher mounting location; can have a range of between a mile in a rural area, or down to a quarter mile in a more urban area. CITY HALL - 501 PRIMROSE ROAD BURLINGAME, CALIFORNIA 9401 0.3997 TEL: (650) 5s8-7200 FAX: (650) 696-'1598 4. Can more than one wireless carrier be placed on a single pole? While it is possible for more than one wireless carrier to "share" a single antenna, wireless carriers typically seek separate equipment enclosures for each system. The cumulative effect of multiple equipment enclosures may result a cluttered design that would not be viable or aesthetically pleasing. 5. What about safety from radio frequency (RF) emissions? The Federal Communications Commission (FCC), in consultation with numerous other federal agencies, including the Environmental Protection Agency, the Food and Drug Administration, and the Occupational Safety and Health Administration, has developed safety standards. According to the FCC, the standards were developed by expert scientists and engineers after extensive reviews of the scientific literature related to RF and biological effects. The FCC explains that its standards "incorporate prudent margins of safety." lt explains further that "radio frequency emissions from antennas used for cellular and PCS transmissions result in exposure levels on the ground that are typically thousands of times below safety limits." The FCC provides information about the safety of wireless facilities and safety of RF emissions from cellular base stations on its website: . http://www.fcc.gov/oet/rfsafety/rf-faqs.html ' https://www.fcc.gov/genera l/tower-a nd-a nte n n a-siting Additional information can be obtained from the American Cancer Society at: https://www. ca ncer.org/ca ncer/ca ncer-ca uses/ra d iation-exposu re/cellu la r-phone-towers. htm l, Under federal law (1995 Telecommunications Act), the City is prohibited from denying a permit to construct a wireless facility based on health concerns over RF emissions, provided that the emissions from the facility comply with standards set by the FCC. To assure compliance with FCC standards, the City can require field testing for each facility or each time a modification is proposed and implement additional measures to ensure the facility meets FCC standards. STAFF REPORT AGENDANO: 10b To: Date: From: Subject: MEETING DATE: March 5,2018 Honorable Mayor and City Council March 5,2018 Meaghan Hassel-Shearer, Gity Clerk - (650) 558'7203 City Council Direction on Request to Allocate Funds for the Operation Easle Visit - Homecominq 50 Years Celebration RECOMMENDATION Staff requests direction from the City Council concerning San Mateo's request for contributions to the Operation Eagle Visit - Homecoming 50 Years Celebration. BAC UND ln March 1968, the City of San Mateo adopted A Company of the 101't Airborne (Air Assault)first brigade, 327th regiment. The City of Burlingame adopted its unit (11327 B Company, 101't Airborne, Air Assault) in 2004. ln 2012, the Cities of San Mateo, Burlingame, and Hillsborough welcomed soldiers from their adopted units to the area for celebrations. Since that time, six other Peninsula cities have adopted units in this brigade. The City of San ltlateo is now spearheading a 50th Anniversary celebration scheduled for the evening of March 22 through mid-day on March 25. The celebration includes several group events throughout the weekend as well as an opportunity for the representatives of each unit to visit their city for about five hours on Friday, N4arch 23. Central County Fire Department Captain Ryan Klarich served as the City's liaison to the unit in 2012 and has volunteered to assist with this year's celebration. lnitially, Captain Klarich and City staff were planning a lunchtime barbecue in Washington Park. More recently, Captain Klarich and the liaisons from the Town of Hillsborough and the City of Millbrae decided to partner together to host the following events for the soldiers from the three communities: 11:30 a.m. - 12:00 p.m. Thank you event for all three cities at Mills High School, including a performance by tr/illbrae students and the presentation of a book of thank you letters from Burlingame Elementary School students. City representatives can say a quick thank you to the soldiers if they are so inclined. 12:00 p.m. - 5:30 p.m.: Bus tour of San Francisco with soldiers from all three cities; interested elected officials are invited to join the tour. 1 Operation Eagle Visit March 5,2018 DISCUSSION San Mateo's City Clerk recently fonruarded a request from San Mateo Councilmember Maureen Freschet that all participating cities help fund the Operation Eagle weekend of events. The City of San Mateo is hoping to raise $125,000 but was $50,000 short of that goal as of February 23, 2018. The request noted that San Mateo is undenvriting all the fundraising administrative costs associated with the weekend and absorbing staffing and direct costs for the various public events. The City of San Carlos has agreed to contribute $10,000 to undenrurite the events. The City of Belmont has decided to allocate $10,000 to defray costs associated with the events, potentially including the costs of their community events and banquet tickets. Additionally, the City of Millbrae is considering making a contribution to the events. Staff is asking City Council for direction on the following questions: 1. Should additional funds, beyond the $5,000 requested in the February 5,2018 staff report, be allocated for these events; 2. lf the City Council decides that funds should be allocated, what amount; and 3. Should all of the additional funds be given to San Mateo to help underurrite the events or should the funds be used, like Belmont, to defray costs associated with the events. FISCAL IMPACT Should the City Council choose to contribute funds, there are sufficient monies available in the City Manager's Office contingency budget for this purpose. No additional appropriation is required. 2 AGENDANO: 11a Memorandum To:City Council Date: March 5,2018 From: Vice Mayor Donna Colson Subject: CommitteeReport School/City Liaison Meeting February 26.2018 Summary Detailed 1. Hoover Conversation - Nothing much on Easton, Summit received a grant and construction will start summ er 2109.lt is going to bid to do this work and if we get high bids we should be fine. Has to be finished in the summer. Scope of the project - sidewalk from Hillside Circle to Hoover to replace south side of sidewalks, some reconstruct of bridge and existing gutter that will require work because of change grades. Four residents will be impacted. Started with Summit as the primary access due to districting and student travel patterns. Easton is more complex because we share with Hillsborough and the loss of parking is a problem. Our counts are that more are from Summit. But MI mentioned that people park on Easton and then walk, so that is for PTA meetings. MM mentions the newer students and parents showing up for event. Some also think there is somewhere that parents want to park on Easton and then walk their kids to school. Art mentioned that there will be more parking on Summit when the work is done. 2. Traffic around Hoover - Complaint about Summit queuing - sent a picture to show that they are getting stuck in their driveway. We will send staff out and evaluate the a a a a 1 Hoover sidewalk work will focus on Summit side and start/complete in summer of 2019.lncludes a sidewalk and ADA upgrades. Traffic Around Hoover - queuing and driving wrong way has been problem. Lisa indicated she would direct increased PD to monitor. Housing - Reviewed the housing legislation from 2077 and how it might impact us. Discussion around how we might jointly lobby around housing issues including making sure we are able to fund new schools to accommodate growth. Consider a working group. Turf Fields are done and with the exception of needing to increase drainage at Franklin. Margaret is working to take care of any issues for Murray that we learned from these other two fields. Enrichment programs - Running well, and making sure that we have communications set up between sites and PR. Colson Committee Report March 5, 2018 issue. MI - the signage from Easton corridor and people do not obey. The issue is there a way to do a sign that is more prominent. Is there a chance to put a light - there is a blinking light set for the hours of closure at this time. So there is something there that brings attention - yellow is the blinking. Can we switch light to red? 3. Housing - General Plan, last year's housing and next year's housing. General Plan - we are working on the EIR and there is a short holdup on the traffic modeling with the local and the regional. EIR will allow us to look at alternatives including considering different changes in the community. Include or do not include RR in housing, density on North ECR or not. There are some state mandates and then policy including the RHNA numbers as the baseline. To the degree that the city can exceed to address regional issues with housing allows us to look at alternatives. Hope this to be done in April and hearings in May. Planning Commission and City Council hearings. Planning Commission will make a recommendation and the City Council will make the decision. There is a 45 day comment period with formal notification. Within that period is a public hearing to make oral or written comments - this is about mid-way so people can comment and then can send a letter and both are allowed. 4. City is being forced from the State and above to increase affordable housing mandates - Housing Accountability Act - we cannot deny or reduce number of units other than objective housing standards. Add on the potential to increase building heights and density heights. One upside is that as ECR is narrower then the rest of the highway so 45 feet wide. Also Weiner wants to double the RHNA numbers - 863 has to find enough sites and in theory we can find and we are obligated to fit the zoning. If we now have to show 2x as much, but on paper 5. Update on Turf Fields - Five year agreement with one year terms and then extension. Field Turf maintains the fields but having some drainage problems around Franklin field at the edge of the field. Brock pad is what is draining the water off so quickly. First Tuesday and first Wednesday are the maintenance days. The users really enjoy the new field and fewer complaints about the cork remnants. About $18K per year of cost. 6. Location for LimeBike drop offs. Working to set up an off campus designated location. Meaghan Culford is the LimeBike regional GM. 7. Sigalle met with the school about PCE, LimeBike and EV chargers. 8. Enrichment Sports Program - Supervision conversation has to do with whoever is the last coach or teacher, they cannot leave the kids unattended. Early release time at one site that we may need to adjust. Working with Tim to let him know that they are modernizing the gyms and they may not be available for rentals. $25,000 per site, five sites for installation and $40,000 for the engineering. 9. Items for Good of 0rder - State mandated water testing for schools on site and we now have a sample plan and proposed dates to do that test. Non-detect everywhere and had one BIS under, but still showing and so we took it out of commission. BIS also getting asbestos and worried that some of this gym is getting friable and so looking into this as well. 2 Memorandum To City Council Date: March 5,2018 From: Councilmember Emily Beach Subject: GommitteeReport 2/B: Attended Burlingame BPAC (Bike Pedestrian Advisory Committee) meeting. Discussed: o Ways BPAC can be most effective o Importance of Burlingame Bike/Ped Plan update (2004 document) . Opportunities for BPAC visibility within the community o Ways to support future grant applications 2/B: Metwith developer representatives from Burlingame Point (at their request.) Connected them with staff regarding questions. 2/1.0: Attended Home for All Community Meeting 2/72: Measure I Oversight Committee interviews AGENDA NO: 11b Federal Lobbyist Meeting I was introduced to a group from Washington D.C. who represents other jurisdictions within San Mateo County in Washington. I learned how Federal Lobbyists help navigate the maze of agencies and decision-makers in charge of federal discretionary funding. This might be something Burlingame may want to consider as we cobble together the unprecedented amount of funding required for Broadway Grade Separation [$25OM+J. We'll need a pro-active approach, particularly with only L2 years (2030) until we anticipate 128 more trains per day passing through Burlingame. Federal funding will be important, and the landscape is becoming more complicated and competitive. I discussed my take-away's with our City Manager. El Camino Real Task Force conference call in preparation for 2 /26 meeting. 2/L3: a 2/L3: Z/1.4 &2/L5: Spoke with two staff members from California Housing Partnership Corporation and Community Economics (both experts in affordable housing financing and policyJ to learn more about affordable housing financing. Z/1,5: Commute.org Board of Directors Meeting o Caltrain mobile app launched o SamTrans mobile app coming fall 2018 1 Beach Committee Report March 5,2018 Proterra (of BurlingameJ electric buses will be delivered to SamTrans fleet later this year Received presentation on RM3 (ballot measure fune 2018J which proposes a phased- in toll increase of $L increments in 20t9,2022,2025 to fund highway and transit improvements Commute.org will host their annual luncheon on 3/15 from 10-1pm. This year's theme, "Commuterland" will feature local recipients of the Best Workplaces for Commuters (BWCJ program to help employers to learn ways they can improve their employees' commutes and quality of life. Register and learn more at https : //co mmute.org/commuterland Economic Development Subcommittee Meeting with Auto Dealers. a a a 2/ts 2/L5: League of California Cities Executive Committee Meeting. 2/22: Caltrain Modernization Local Policy Maker's Group o High Speed Rail Authority hosted the meeting. o HSR will publish their Business Plan (updated every 2 years) on3/9; available for 60- day public comment. This is a high-level document that captures where they've been and where they are going. Unfortunately, it does not address issues like grade separation funding. o However, HSR's draft EIR (environmental impact report) for the Peninsula section of the project is underway will be published and open for public comment by the end of 2019. This will be an important window for all cities to comment on impacts and mitigation measures. Burlingame should schedule a community meeting/presentation at this time. o EIR will evaluate all crossings for safety and impact from trains passing at 110 MPH o According to federal law, only train speeds 125 MPH or faster REQUIRE grade separation o HSR anticipates installing 4-quadrant gates at non-grade separated intersections as part of their mitigation effort o Anticipate final EIR document for the Peninsula section complete by end of 2020. . All environmental documents must be cleared/completedby 2022 (required by Federal Funding) 2/26: C/CAG Congestion Management and Environmental Quality Committee Meeting o Received overview of near-term policy considerations for toll operator options for US 101 Managed Lane Project (i.e. which entity (ies) may hold various authority - operations, policy, revenue.l These will be important decisions in the months ahead. 2/27: Published Op-Ed in San Mateo Daily |ournal entitled Sustainable Transportation Solutions. 2 AGENDANO: 11c Memorandum To:City Counci! Date: March 5,2018 From: Councilmember Ann Keighran Subject: CommitteeReport Thursday February 22. 2018 I attended the Learning Network Meeting sponsored by Home for All. A few cities shared what they are doing to provide additional affordable housing in their community. Burlingame was the spotlight city discussed during this meeting. Kevin Gardiner and I talked about the highlights of the community meeting that was held on the 1Oth of February. The consultants then provided the opportunity for attendees to practice and listen to people identify interests and values they have regarding housing. The participants then tried to respond to concerns people may have regarding housing concerns in a thoughtful framework. The framework would entail a cause, links to the cause, consequences and a potential solution. For Example: Cause: Jobs housing gap has led to a shortage of housing Link 1: The difference between the number of jobs and the number of housing units has led to a shortage of affordable quality rental and for sale housing units. Link 2: Because of the shortage, the cost of housing has increased at all levels, making it difficult for residents to afford housing Consequence: the quality of life in San Mateo County and in our city has been negatively impacted because more residents have to move away from the bay area to afford quality housing. Solution: Increase the number of housing units available to San Mateo County workers using a variety of approaches including higher density, ADU's, transit oriented development and funding more affordable housing This exercise gave people the opportunity to really frame their messages regarding the shortage of housing when they talk with their community. Wednesday February 21. 2018 Home For All: The meeting focused on Home for All Outreach and Education Accomplishments in 2017 1 Ke i g h ran C o m m ittee Re port March 5, 2018 Some of those accomplishments include: o Designing and implementing the Community Engagement Pilot Program which includes the cities of Burlingame, Half Moon Bay, Portola Valley and Redwood City o Implementing the Learning Network as part of the Community Engagement Pilot Program. Three meetings were held in 20L7 and four are planned for 2018 o Developed and implemented the Communication and Marketing Plan. This has been accomplished by utilizing social media including Twitter and Instagram o Updated Home for AII materials including brochure and website o Partnered with San Mateo County Libraries Community Conversations: Eleven library Presentations and community discussions hosted around housing We also reviewed our Work Plan for FY Z0L7-2018. Some of the projects the group has worked on this past year include: o Developing and Implementing communications and marketing plan o Developing community partners support for Home for All ( 16 cities published resolutions including Burlingame o Community Engagement Pilot Projects: Burlingame being one of the cities o Home for All Champions Speakers Bureau I Launched in January 2018) . Showcase smart growth and profiles and personal stories This group has been quite busy this past year and plans on doing a lot of outreach again this year. The mission of this group is to establish a climate where a diversity of housing is produced and preserved, The overall goal is to achieve a steadily declining ration of New Jobs vs. New Housing 2