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HomeMy WebLinkAboutAgenda Packet - CC - 2015.12.07Monday, December 7, 2015 City of Burlingame Meeting Agenda - Final City Council 7:00 PM BURLINGAME CITY HALL 501 PRIMROSE ROAD BURLINGAME, CA 94010 Council Chambers Note: Public comment is permitted on all action items as noted on the agenda below and in the non -agenda public comment provided for in item 7. Speakers are asked to fill out a "request to speak" card located on the table by the door and hand it to staff, although the provision of a name, address or other identifying information is optional. Speakers are limited to three minutes each; the Mayor may adjust the time limit in light of the number of anticipated speakers. All votes are unanimous unless separately noted for the record. 1. CALL TO ORDER - 7:00 p.m. - Council Chambers 2. PLEDGE OF ALLEGIANCE TO THE FLAG 3. ROLL CALL 4. REPORT OUT FROM CLOSED SESSION 5. UPCOMING EVENTS 6. PRESENTATIONS 7. PUBLIC COMMENTS, NON -AGENDA Members of the public may speak about any item not on the agenda. Members of the public wishing to suggest an item for a future Council agenda may do so during this public comment period. The Ralph M. Brown Act (the State local agency open meeting law) prohibits the City Council from acting on any matter that is not on the agenda. 8. APPROVAL OF CONSENT CALENDAR Consent calendar items are usually approved in a single motion, unless pulled for separate discussion. Any member of the public wishing to comment on an item listed here may do so by submitting a speaker slip for that item in advance of the Council's consideration of the consent calendar. a. Approve City Council Meeting Minutes of November 16 2015 Attachments: 11-16-15mi n.doc City o/Burlingame Page 1 Printed on 121312015 City Council Meeting Agenda - Final December 7, 2015 b. Adoption of the 2016 City Council Calendar Attachments: Staff Report 2016 Council Calendar C. Open Nomination Period to Fill Vacancy on the San Mateo County Mosquito & Vector Control District Board of Trustees Attachments: Staff Report d. Adoption of a Resolution Authorizing the Reclassification of a Parks Maintenance Worker Position to a Tree Worker Position Attachments: Staff Report Resolution e. Adoption of a Resolution Approving Changes to the Part-time Salary and Benefit Resolution and Authorizing the City Manager to Execute the Part-time Salary and Benefit Plan Attachments: Staff Report Resolution Part-time Salary & Benefit Revised Resolution Part-time Salary Schedule Adoption of a Resolution Authorizing the City Manager to Execute the Agreement for Subsurface Sewer Easement at 1209 Mills Avenue Attachments: Staff Report Resolution Agreement for Subsurface Sewer Easement Exhibit 1 —1209 Mills Avenue sewer replacement diagram 9- Adoption of a Resolution Declaring the Results of the General Municipal Election Held on November 3, 2015 Attachments: Staff Report Resolution Exhibit A 9. PUBLIC HEARINGS (Public Comment) 10. STAFF REPORTS AND COMMUNICATIONS (Public Comment) 11. COUNCIL COMMITTEE AND ACTIVITIES REPORTS AND ANNOUNCEMENTS Council Members report on committees and activities and make announcements. City of Burlingame Page 2 Printed on 121312015 City Council 12. FUTURE AGENDA ITEMS 13. ACKNOWLEDGMENTS Meeting Agenda - Final December 7, 2015 a. Commission Minutes: Traffic Safety and Parking October 8 2015 and Library Board of Trustees. October 20, 2015 14. CEREMONIAL a. Installation and Rotation of Councilmembers 15. ADJOURNMENT Notice: Any attendees wishing accommodations for disabilities please contact the City Clerk at (650)558-7203 at least 24 hours before the meeting. A copy of the Agenda Packet is available for public review at the City Clerk's office, City Hall, 501 Primrose Road, from 8:00 a.m. to 5:00 p.m. before the meeting and at the meeting. Visit the City's website at www.burlingame.org. Agendas and minutes are available at this site. NEXT CITY COUNCIL MEETING -CANCELLED -Monday, December 21, 2015 City Council Meeting Next regular City Council Meeting - Monday, January 4, 2016 VIEW REGULAR COUNCIL MEETING ONLINE AT WWW.BURLINGAME.ORG - GO TO "CITY COUNCIL VIDEOS" Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection at the Water Office counter at City Hall at 501 Primrose Road during normal business hours. City of Burlingame Page 3 Printed on 12/3/2015 Agenda Item 8a Meeting Date: 12/07/15 �a� CITY Off, BURLINGAME �Rnrzo+u BURLINGAME CITY COUNCIL Unapproved Minutes Regular Meeting of November 16, 2015 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 Kathy Baylock. 3. ROLL CALL MEMBERS PRESENT: Brownrigg, Keighran, Nagel, Ortiz, Root MEMBERS ABSENT: None 4. REPORT OUT FROM CLOSED SESSION There was no closed session. 5. UPCOMING EVENTS Mayor Nagel reviewed the upcoming events taking place in the City. 6. PRESENTATIONS a. PROCLAMATION AGAINST HUMAN TRAFFICKING Mayor Nagel introduced this presentation by briefly explaining human trafficking and its presence in the Bay Area. She stated that human trafficking is the fastest growing criminal enterprise and it is estimated that it is a 32 billion dollar industry. As a result of growing concerns over human trafficking the California Attorney General Kamala Harris has made it a priority. Mayor Nagel explained that Burlingame is part of San Mateo County's countywide sex -trafficking and arrest team, which investigates cases and organizes sting operations throughout the county. Mike Brosnan, the Human Trafficking Program Coordinator at the San Mateo County Sherriff s Office spoke about human trafficking. He thanked the City of Burlingame for joining with the other municipalities in the county to take a stand against human trafficking. He also stated that recently over 180 individuals, Burlingame City Council November 16, 2015 Unapproved Minutes Agenda Item 8a Meeting Date: 12/07/15 including hotel representatives, local businesses and municipalities took part in human trafficking training in San Mateo County. He thanked all that participated. PUBLIC COMMENTS Elaine Breeze discussed this year's Turkey Trot in Silicon Valley and encouraged all to participate. Burlingame Resident Cynthia Cornell thanked Mayor Nagel for her years of commitment to the City of Burlingame and for assisting renters in the community. Mike Noce, Burlingame's Recreation Coordinator invited the community to attend this year's Tree Lighting Ceremony on December 4u` at 5 p.m., outside of City Hall. Mike noted that the event will feature Christmas carols and Santa and that the Christmas parade will begin shortly thereafter at 6 p.m. 8. CONSENT CALENDAR Mayor Nagel asked the Councihnembers and the public if they wished to remove any items from the Consent Calendar, none were pulled. Vice Mayor Keighran adopted the Consent Calendar; seconded by Councilmember Root. The motion was approved unanimously by voice vote, 5-0. a. APPROVE THE CITY COUNCIL MEETING MINUTES OF NOVEMBER 2, 2015 CC Hassel -Shearer requested Council approve the City Council Meetings of November 2, 2015 b. ADOPTION OF A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE THE UTILITY FUNDING AGREEMENT BETWEEN THE CITY OF BURLINGAME AND THE SAN MATEO COUNTY TRANSPORTATION AUTHORITY (SMCTA) FOR THE REHABILITATION OF CITY -OWNED SANITARY SEWER FACILITIES IN THE US 101/BROADWAY DPW Murtuza requested Council approve Resolution Number 98-2015. c. ADOPTION OF A RESOLUTION ACCEPTING TWO CALIFORNIA STATE LIBRARY SERVICES TECHNOLOGY ACT GRANTS IN THE AMOUNTS OF $4,998 AND $6,900 City Librarian McCulley requested Council approve Resolution Number 99-2015 9. PUBLIC HEARINGS a. EXTENSION OF AN URGENCY MORATORIUM ON NEW APPLICATIONS FOR MARIJUANA DISPENSARIES, COLLECTIVES, GROWING OPERATIONS, AND RELATED USES City Attorney Kane reviewed the staff report requesting an extension for the moratorium on new applications for marijuana dispensaries, collectives, growing operations, and related uses for another year. She stated that 2 Burlingame City Council November 16, 2015 Unapproved Minutes Agenda Item 8a Meeting Date: 12/07/15 Burlingame is currently undertaking a major revision to its General Plan. Accordingly, by extending the moratorium for a year, the City would be able to bring marijuana regulations in line with the revised General Plan. As well, recent state legislation (Assembly Bills 243 and 266, and Senate Bill 643, collectively known as the "Medical Marijuana Regulation & Safety Act,") clarify that local jurisdictions can regulate and/or ban marijuana -related establishments. However, local jurisdictions must also impose additional mandates. Accordingly, City Attorney Kane advised the Council that the additional year on the moratorium would allow the City time to research the mandates and review other municipalities' responses. City Attorney asked Council to open the discussion up to a public hearing. She also explained that in order for the moratorium to be extended, the Ordinance would need to pass with at least 4 affirmative votes. Mayor Nagel requested that the City Clerk read the proposed Ordinance. Councilmember Brownrigg moved to waive further reading and introduce the Ordinance; seconded by Councilmember Ortiz. The motion was approved unanimously by voice vote, 5-0. Mayor Nagel opened the public hearing for comments. There were no comments from the floor, and the hearing was closed. Councilmember Brownrigg made a motion to approve Ordinance Number 1923; seconded by Vice Mayor Keighran. The motion was approved unanimously by rollcall vote, 5-0. 10. STAFF REPORTS AND COMMUNICATIONS a. CONSIDERATION OF APPOINTMENTS TO THE BEAUTIFICATION COMMISSION Mayor Nagel noted that the Council had interviewed excellent candidates for all three Commissions. She stated that the Councilmembers would be voting by ballot on each commission. Mayor Nagel stated that the Council would be voting to appoint four members to the Beautification Commission (three for three year terms and one for a one year term). Mayor Nagel opened the item for public comment, no one spoke. CC Hassel -Shearer gave each Councilmember a ballot to vote for three candidates for three year terms and one candidate for a one year term. After the ballots were tallied, Mary Hunt, Mary Ellen Kearney and Richard Kirchner were appointed for three year terms, ending November 6, 2018. Leslie McQuaide was appointed for a one year term, ending November 6, 2016. Mayor Nagel thanked all candidates and congratulated the four appointees. b. CONSIDERATION OF APPOINTMENTS TO THE PARKS AND RECREATION COMMISSION Mayor Nagel stated that the Council would be voting to appoint two members to the Parks and Recreation Commission. Mayor Nagel opened the item for public comment, no one spoke. Burlingame City Council November 16, 2015 Unapproved Minutes Agenda Item 8a Meeting Date: 12/07/15 ( CC Hassel -Shearer gave each Councilmember a ballot to vote for two candidates for three year terms. After l the ballots were tallied, Claire Schissler and Karen Malekos Smith were appointed for three year terms, ending November 6, 2018. Mayor Nagel thanked all candidates and congratulated the two appointees. c. CONSIDERATION OF APPOINTMENTS TO THE TRAFFIC. SAFETY AND PARKING COMMISSION Mayor Nagel stated that the Council would be voting to appoint two members to Traffic, Safety and Parking Commission. City Attorney Kane stated that Laurie Simonson had withdrawn her application for the commission for personal reasons. Mayor Nagel opened the item for public comment, no one spoke. CC Hassel -Shearer gave each Councilmember a ballot to vote for two candidates for three year terms. After the ballots were tallied, Christopher Bush and Howard Wettan were appointed for three year terms, ending November 6, 2018. Mayor Nagel thanked all candidates and congratulated the two appointees. Councilmember Brownrigg stated that the City was indebted to the service of Laurie Simonson. He explained that during the Commission interviews, Council learned that the Bicycle Pedestrian Advisory Committee (BPAC) needed structure. Accordingly, Councilmember Brownrigg suggested that a committee be formed to advise the Council on how to provide structure and obtain grants for BPAC. He suggested that Laurie Simonson be on this committee as she had stated her willingness to help with BPAC. t City Attorney Kane responded by stating if Council wished to take action on Councilmember Brownrigg's request, the Mayor has the authority to appoint ad hoc committees on particular items. However, she advised that the item would need to be placed on the agenda. DPW Murtuza added that he is preparing a staff report on how to structure the BPAC. d. ANNUAL REPORT OF SUSTAINABILITY ACTIVITIES Sustainability Coordinator Sigalle Michele discussed the sustainability activities that the City undertook this past year. She stated that when the City Council held their goals session in January, one of the goals was "strive to promote more environmentally sustainable polices and outcomes" with five supplemental goals: (1) make progress on climate action plan; (2) make city facilities, practices, and emissions more sustainable; (3) establish Burlingame as a green and clean business mecca; (4) understand the threat of sea level rise on the City; and (5) enhance recycling efforts. She explained the City's progress regarding renewable energy and energy efficiency, including adopting 4 Property Assessed Clean Energy (PACE) programs. PACE is a way for citizens to finance energy efficiency and renewable energy by attaching the cost of the project to the property's annual tax payments. As well, Sigalle Michele explained the city has promoted Peninsula Sunshares as a way for citizens to get discounted solar panels. Lastly, she stated for energy efficiency the City received a grant from the California Energy Commission to conduct an energy audit at five government facilities. Burlingame City Council November 16, 2015 Unapproved Minutes Agenda Item 8a Meeting Date: 12/07/15 Next she discussed the work the City accomplished this past year in terms of: 1. Recycling and Waste — the City completed a waste audit with Recology to identify ways the City can reduce waste and improve recycling in City buildings. As well, Recology awarded Burlingame a grant to install recycling bins on Burlingame Avenue. 2. Water Conservation — Sigalle explained that the City launched a free sprinkler nozzle program that allows citizens to receive up to 25 free water -efficient sprinkler nozzles. 3. Alternative Transportation — Sigalle highlighted the electric vehicle charging stations that were installed at the Burlingame Caltrain Station. As well, the City participated in the Bike to Work and Bike to Shop days to promote bike riding for commuting. Sigalle briefly explained her work on both the Climate Action Plan and the City's Sustainability Action Plan stating that these would be her main focus in the coming year. She also stated that she would be working on a renewable energy project and expanding bicycle and electric vehicle use in Burlingame. Councilmember Brownrigg thanked Sigalle Michele for her hardwork, especially in light of the additional mandates that have come down from the State and the drought. He also discussed the City's hope for a more robust shuttle service that would decrease emissions and traffic. Vice Mayor Keighran asked about the County of San Mateo Energy Watch Program's campaign for small local businesses. She stated that while the Mayor of Burlingame sent over 700 letters to businesses for free energy audits only 8 signed up. Accordingly, she asked if there were ways Sigalle could follow up with local businesses. Sigalle replied that she would look for additional methods to reach local businesses including working with the City's economic development specialist. Vice Mayor Keighran ended by commending Sigalle on her hardwork. Councilmember Root thanked Sigalle for her efforts and contributions to the community. e. UPDATE REGARDING RAILROAD SAFETY IMPROVEMENTS AT BROADWAY AND BAYSWATER AVENUE CROSSINGS DPW Murtuza reviewed his staff report which was an update regarding safety improvements at the Broadway and Bayswater Avenue crossing. The Director of Engineering and Construction for Caltrain, Liria Larano spoke to address what Caltrain was doing in order to increase safety at these intersections. She stated that Caltrain immediately increased the presence of transit police for enforcement and education of drivers. As well, she explained that Caltrain is painting markings on the pavement at the intersections to identify the areas where cars should not stop. Liria Larano discussed the feasibility of "quad gates" at the Broadway and Bayswater intersections. She explained that the purpose of "quad gates" is to prevent vehicles from going around the gates when the gate is down. Therefore, this would not have prevented the accidents that occurred at these two intersections as they were caused not by cars moving around the gates but by cars stopping too close to the tracks. DPW Murtuza added that signs were installed at the intersections warning individuals not to stop on the tracks. Liria Larano stated that the long term goal of Caltrain was that by working with the City and Caltrans, southbound traffic would be diverted away from Broadway to minimize congestion. She also discussed the City's efforts to obtain grade separation as a permanent solution. Burlingame City Council November 16, 2015 Unapproved Minutes Agenda Item 8a Meeting Date: 12/07/15 (_ l Councilmember Brownrigg asked about "quad gates." He stated that he had brought this idea up at the October 7`h meeting and that the reason was not because cars are going around the gate but rather because it is the back end of the car that is getting struck by the train. Accordingly, his idea with the "quad gate" is that it would act as an immediate recognition to vehicles that they are in danger if the gates come down around them. Liria Larano stated that the second gate wouldn't come down if the car is on the tracks because it is a safety precaution so as to not trap the car on the rails. Vice Mayor Keighran asked Police Chief Wollman what was the general reason individuals gave for being inside the do not enter zone at railroad intersections. Police Chief Wollman stated he felt that people just weren't paying attention to the space they were in and misjudged the lights. He stated that by putting the reader board up at these intersections it might help to deter individuals from stopping too close to the tracks. Councilmember Root asked who was in charge of these intersections and the safety. DPW Murtuza stated that the safety improvements are done in concurrence with the approval of CPUC. Councilmember Ortiz stated that he was happy with the solutions that were being offered up, however he understood that the only permanent solution was grade separation and wanted to know where the City was with regards to that project. DPW Murtuza responded by stating a staff report would be ready for the Council in January. Councilmember Ortiz reminded the community that this meeting would be incredibly important, as grade separation would change the appearance of that section of the City and therefore he encouraged all to come and participate in the discussion. Mayor Nagel opened the discussion up to the public Burlingame resident Lou Schaffer stated the Broadway intersection was part of his normal commute and that he hoped to see a police presence at that intersection to ensure the safety of citizens in the community. Burlingame resident Lisa Lang stated that she used the Broadway intersection multiple times a day and she voiced her concern over people changing lanes on the tracks. 11. COUNCIL COMMITTEE AND ACTIVITIES REPORTS AND ANNOUNCEMENTS Council reported on various events and committee meetings they each attended on behalf of the City. 12. FUTURE AGENDA ITEMS Vice Mayor Keighran asked if the City could look into whether realtors disclose protected trees on property and if the City could enforce realtors to make this disclosure. Councilmember Brownrigg seconded this request. 13. ACKNOWLEDGMENTS October permit activity. Burlingame City Council November 16, 2015 Unapproved Minutes Agenda Item 8a Meeting Date: 12/07/15 14. CEREMONIAL a. RECOGNITION OF COUNCILMEMBER JOHN ROOT Mayor Nagel began by acknowledging her long working relationship with John Root. She stated that he's been in elected office for longer than any other Burlingame City Councilmember. He served two terms as a governing board member for the Burlingame School District, and two terms as a governing board member for the San Mateo County Board of Education. Mayor Nagel continued by discussing his longstanding desire to volunteer and give to the community of Burlingame. She stated that the reason that the Council chose John Root to finish out Jerry Deal's term was because he came to every meeting, offered his help and was always willing to work hard. Councilmember Root commended Mayor Nagel on her hardwork and dedication to the community and called her a true public servant. He continued by thanking the Council for teaching him the ropes and helping him get up to speed on the issues in Burlingame. He discussed the spirit of collegiality and how the Council was able to get along while still stating their differing opinions in order to come to a decision that was best for the community. Councilmember Root stated that the City was fortunate to have City Manager Goldman as she had established a good team around her and was able to assist the Council in making tough decisions. He also thanked the staff and department heads in Burlingame for their hardwork. Mayor Nagel next presented Councilmember Root with a proclamation for his service to the City. 1, b. RECOGNITION OF MAYOR TERRY NAGEL Vice Mayor Keighran congratulated Mayor Nagel for her many years of dedication to the community, stating it started prior to her time on the Council with her assistance on the definition of floor area ratio. As a City Councilmember, Mayor Nagel was mayor three times and on the Council for 12 years. Vice Mayor Keighran commended Mayor Nagel on her expertise in many areas including; the Burlingame neighborhoods, disaster planning and transportation. She stated that Mayor Nagel was one of the most dedicated Councilmembers she had ever met and thanked her for her service. Vice Mayor Keighran presented Mayor Nagel with a proclamation discussing Mayor Nagel's work as a staff reporter and editor for a variety of esteemed publications. As well, Mayor Nagel's work to organize individuals in the community to demand better power service from PG&E, also known as `BULB". Mayor Nagel spoke stating that she was honored to have served the City of Burlingame for the past twelve years. She highlighted some of the City's achievements in the past years; paying down unfunded liabilities, increasing property values, streetscape on Burlingame Avenue, the library renovations and many other accomplishments in public works, fire, safety and infrastructure. Mayor Nagel thanked the city employees and department heads for their dedication to the City of Burlingame. As well, she thanked the citizens of Burlingame for their work in the City from funding the library renovations to giving their time and volunteering for different projects. She also urged the City to Find ways to help the renters, ease the housing crisis in Burlingame, create safer intersections and move forward with grade separation. Burlingame City Council November 16, 2015 Unapproved Minutes Agenda Item 8a Meeting Date: 12/07/15 Brian Perkins from Representative Speier's Office spoke presenting Mayor Nagel with a proclamation C thanking her for her dedication to the community. Burlingame residents Stan Moore and Nirmala Bandrapalli and former Hillsborough City Councilmember Christine Krolik thanked Mayor Nagel for her service. Councilmember Brownrigg thanked Councilmember Root for his "graciousness" and Mayor Nagel for her "tirelessness". Councilmember Ortiz discussed how Mayor Nagel was the hardest working Councilmember and Councilmember Root's dedication to the community. 15. ADJOURNMENT Mayor Nagel adjourned the meeting at 9:56 p.m. in memory of Vince Quintana. Respectfully submitted, Meaghan Hassel -Shearer City Clerk Burlingame City Council November 16, 2015 Unapproved Minutes STAFF REPORT AGENDANO: 8b a MEETING DATE. December 7, 2015 To: Honorable Mayor and City Council Date: December 7, 2015 From: Meaghan Hassel -Shearer, City Clerk — (650) 558-7203 Subject: Recommendation to Adopt 2016 City Council Calendar RECOMMENDATION To review, make changes if necessary, and approve the Burlingame City Council Calendar for 2016. Calendar reflects the cancelation of the July 18 and August 1, 2016 City Council meetings. BACKGROUND In 2015 Council agreed to cancel the second meeting in July and the first meeting in August to give Councilmembers a long break between meetings. Exhibit: • 2016 Council Calendar 1 2016 BURLINGAME CITY COUNCIL CALENDAR City Council meetings are held on the first and third Monday of each month. When Monday is a holiday, the meeting is usually held on Tuesday or Wednesday. Study meetings are held as scheduled. Meetings begin at 7:00 p.m. at City Hall, 501 Primrose Road, and are open to the public. Regular Council meetings are televised live via Burlingame's Cable Channel 26 for Astound subscribers and Channel 27 for Comcast subscribers. Also the meetings are live online on the City's website at www.burlingame.ore. For more information, please view the City's website or call the City Clerk at 650-558-7203. REGULAR MEETINGS Monday, January 4 Tuesday, July 5 Tuesday, January 19 Monday, July 18 (canceled) Monday, February 1 Monday, August 1 (canceled) Tuesday, February 16 Monday, August 15 Monday, March 7 Tuesday, September 6 Monday, March 21 Monday, September 19 Monday, April 4 Monday, October 3 Monday, April 18 Monday, October 17 Monday, May 2 Monday, November 7 Monday, May 16 Monday, November 21 Monday, June 6 Monday, December 5 Monday, June 20 Monday, December 19 (tentative) STUDY MEETINGS AND OTHER DATES Saturday, January 30 Friday, March 11 Wednesday, March 16 Saturday, March 19 Monday, April 4 Wednesday, May 11 Wednesday, June 8 Wednesday, December 7 Ii01%,10NIVAK&A9V 2015/16 Goals Session, 9 a.m., Lane Room Commissioners Dinner 2015-16 Mid -Year Budget Session 6:30p.m. Council Chambers Joint Council and Planning Commission Meeting 9 a.m., Lane Room, Main Library City Attorney's Annual Evaluation, 6 p.m. 2015-16 Budget Study Session, 6:30 p.m., Council Chambers City Manager's Semi -Annual Performance Evaluation, 6 p.m. City Manager's Annual Performance Evaluation, 6 p.m. a�R� STAFF REPORT AGENDA NO: 8c MEETING DATE: December 7, 2015 To: Honorable Mayor and City Council Date: December 7, 2015 From: Ana Maria Silva, Executive Assistant — (650) 558-7204 Subject: Open Nomination Period to Fill Vacancy on the San Mateo County Mosquito & Vector Control District Board of Trustees RECOMMENDATION It is recommended that Council call for applications to fill one impending vacancy on the Mosquito and Vector Control District Board. The term for the current Burlingame representative is due to expire in February 2016. The recommended due date is February 12, 2016. This will allow applicants two opportunities (January 13, 2016 and February 10, 2016) to attend a Mosquito and Vector Control District Board meeting. The regular board meetings are held on the second Wednesday of each month, beginning at 6:00 p.m. at the District Office, 1351 Rollins Road, Burlingame. No meetings are held in December. BACKGROUND The City's current commissioner appointment procedure calls for any Commissioner desiring reappointment to apply in the same manner as all other candidates. The current Burlingame representative will be invited to reapply if he wishes to serve again. In addition, all past applicants on the two-year waitlist will be informed of the vacancy. a STAFF REPORT AGENDA NO: 8d MEETING DATE: December 7, 2015 To: Honorable Mayor and City Council Date: December 7, 2015 From: Leslie Loomis, Director of Human Resources — (650) 558-7209 Subject: Adoption of a Resolution Authorizing the Reclassification of a Parks Maintenance Worker Position to a Tree Worker Position RECOMMENDATION Staff recommends that the City Council adopt the attached resolution authorizing the reclassification of an existing Parks Maintenance Worker position to a Tree Worker position in the Parks and Recreation Department. BACKGROUND The adopted FY 2015-16 budget includes funding for several Parks Maintenance Worker positions. One of those positions became vacant in July 2015 and has been vacant ever since. Due to changing priorities associated with the City's tree maintenance program, staff recommends the City hire a Tree Worker rather than a Parks Maintenance worker when it fills the vacant position. DISCUSSION Until March 2015, the Parks and Recreation Department had funding for one Lead Tree Worker and two Tree Workers. Following the retirement of the Lead Tree Worker in March 2015, the City reclassified the Lead Tree Worker position to a Parks Assistant Supervisor. As a result, the Parks Division lost a full-time person in the Tree Division. Staff has found that extracting the position has had a negative impact on tree program operations and that the remaining two Tree Workers cannot meet the increasing demands of managing the City's Tree Program. During the vacancy, the Parks maintenance program has managed to keep up with the operational demands and recommends that the funding of this position be moved to the Tree Program. FISCAL IMPACT The top monthly top step for a Parks Maintenance Worker is $5397/month, and the top step for a Tree Worker is $5976/month. If the reclassification is approved, the salary/wages impact to the Parks and Recreation Department is an additional $8,800 a year to cover the higher salary and the benefit roll -up costs. The Department has the money to cover the additional $4,400 remaining in the FY 2015-16 Budget due to the current Parks Maintenance Worker vacancy. Exhibit: 0 Resolution RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME AUTHORIZING THE RECLASSIFICATION OF A PARKS MAINTENANCE WORKER POSITION TO A TREE WORKER POSITION WHEREAS, the FY 2015-16 Parks and Recreation Department Budget includes funding for several Parks Maintenance Worker positions; and WHEREAS, one of these positions became vacant in July 2015; and WHEREAS, due to the increasing demands of keeping up with the City's Tree Program, staff recommends the City hire a Tree Worker, rather than a Parks Maintenance Worker, when it fills the vacant position; and WHEREAS, the Parks and Recreation Department has the funds to pay for the higher salary/wages in the current fiscal year due to the year-to-date vacancy in the position; and WHEREAS, a Tree Worker will have the experience in tree maintenance that the Parks Division needs to meet current and anticipated work demands; and WHERAS, City Council authorization is required to reclassify one Parks Maintenance Worker position to a Tree Worker position. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Burlingame does hereby reclassify one Parks Maintenance Worker position to a Tree Worker position. Terry Nagel, Mayor I, Meaghan Hassel Shearer, City Clerk of the City of Burlingame, do hereby certify that the foregoing resolution was introduced at a regular meeting of the City Council held on the 7th day of December 2015, and was adopted thereafter by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Meaghan Hassel Shearer, City Clerk I aSTAFF REPORT AGENDANO: 8e MEETING DATE: December 7, 2015 To: Honorable Mayor and City Council Date: December 7, 2015 From: Leslie Loomis, Human Resources Director— (650) 558-7209 Subject: Adoption of a Resolution Approving Changes to the Part-time Salary and Benefit Resolution and Authorizing the City Manager to Execute the Part- time Salary and Benefit Plan RECOMMENDATION Staff recommends that the City Council adopt the attached resolution approving changes to the Part-time Salary and Benefit Resolution, and authorizing the City Manager to execute the Part- time Salary and Benefit Plan. BACKGROUND In June 2015, the City Council adopted a resolution authorizing the first Part-time Salary and Benefit Resolution. This Resolution established the processes for providing State -mandated sick leave and health insurance benefits, for defining part-time job classifications, and for providing structure to the salary and benefit compensation plan for part-time employees. Prior to the adoption of this resolution, the City did not have a formal process for providing salary increases or benefits to non -represented part-time employees. The responsibility for ensuring part-time salary expenditures were within Council authorization was managed through the budget process. Department heads were responsible for keeping their part-time staff expenses within budget allocations. The new Part-time Salary and Benefit Resolution not only establishes the process for the management of part-time staff salaries and benefits, it also provides a systematic approach to filling vacant positions. After working closely with the Department Heads, Human Resources staff was able to significantly reduce the number of part-time job classifications and to write brief job descriptions for each part-time classification. Staff throughout the organization will be required to fill part-time positions with one of the approved classifications and within the approved salary range. Some positions have more than 5% between the steps to provide staff with the flexibility to hire and pay at the appropriate level, based on the City's need and the incumbent's knowledge and experience. The unrepresented part-time employees received a 2% increase in 2008 and a 2% increase in 2012. (Junior Recreation Leaders and Library Pages received increases effective July 1, 2015 to meet the State's minimum wage requirements.) Staff met with the City Council in a study session on October 19, 2015 to discuss salary and benefits changes for the part-time employees covered U Part -Time Salary 8 Benefit Resolution December 7, 2015 4 by this resolution. Because part-time pay increases have lagged those granted to full-time employees and have not kept up with the market, the Council provided direction to increase the salaries by 4% effective January 1, 2016, 3% effective January 1, 2017, and 3% effective January 1 1, 2018. The Council also provided direction to staff to tie future salary increases to the AFSCME Local 829 and 2190 salary increases. The part-time salary increases will be issued on the first pay period in January (which differs from the effective date of the AFSCME increases, which typically go into effective on the first pay period in July). Staff also sought authority to provide a leave benefit to recognize the part-time employees who have worked for the City for a specified period of time. The Council agreed that a pro -rated leave benefit is appropriate. The revised Part-time Salary and Benefit Plan is for three years and is attached to this report. DISCUSSION Part-time employees serve a vital role in providing City services. Without part-time employees, the City would not be able to function in the manner it does, as part-time employees are hired to fill a job duty that is either not needed on a full-time basis or is temporary in nature. Many of the City's part-time employees have worked for the City for over ten years providing high quality service to Burlingame's citizens. Effective July 1, 2015, the City complied with the Healthy Workplaces/Healthy Families Act of 2014 (California Labor Code 245) which requires employers to provide three days, or 24 hours, of paid sick time to part-time employees who work for 30 or more days within a 12 month period. In recognition of the vital role these employees play in serving the needs of the City, staff recommends that employees who meet the eligibility requirements of California Labor Code 245 also accrue up to 16 hours of vacation leave per year. Based on Council authorization, the attached resolution includes a 4% increase effective January 1, 2016, a 3% increase effective January 1, 2017, and a 3% increase effective January 1, 2018. Staff also recommends the Council authorize an additional 6% increase to the positions that are impacted by the January 1, 2016 minimum wage increase to $10.00 per hour. Two part-time positions will be affected by this increase, the Summer Crew and Junior Recreation Leader positions. The salaries for the Summer Crew Leader, Recreation Leader and Senior Recreation Leader positions are tied to the entry level Summer Crew and Junior Recreation positions, so they also need to be adjusted by the same percentage to avoid reverse compaction. Staff recommends that the Pre -School Music Specialist position not receive the salary increases for the next three years. This position is paid $60.00 per hour, which is well within the appropriate pay level. FISCAL IMPACT Based on current expenditures for part-time employees, the cost of a 4% increase effective January 1, 2016, including the roll -up costs, is $62,500 per year; the cost of a 3% increase 2 Part -Time Salary & Benefit Resolution December 7, 2015 effective January 1, 2017 is $48,750; and the cost of a 3% increase effective January 1, 2018 is $50,212. Staff will propose a mid -year budget adjustment to cover the recommended increase for FY 2015-16. The cost of the vacation proposal is minimal due to the fact that most employees will take the hours off, and backfilling a part-time position is not required. Exhibits: • Resolution • Revised Part-time Salary and Benefit Resolution • Part-time Salary Schedule 3 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME APPROVING CHANGES TO THE PART-TIME SALARY AND BENEFIT RESOLUTION AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE PART-TIME SALARY AND BENEFIT PLAN WHEREAS, the City Council adopted a resolution authorizing a Part-time Salary and Benefit Resolution in June 2015; and WHEREAS, this resolution established the processes for providing State - mandated benefits, for defining part-time job classifications, and for providing structure to the salary and benefit compensation plan for part-time employees; and WHEREAS, part-time employees serve a vital role in providing City services and many of the part-time employees have worked for the City for over 10 years and have not received any pro -rated benefits and; WHEREAS, unrepresented part-time employees received a 2% increase in 2008 and a 2% increase in 2012, and staff met with the City Council in a study session in October 2015 to discuss salary and benefit changes for the unrepresented part-time employees covered by this resolution; and WHEREAS, in recognition of the fact that part-time salaries historically have not been increased in a manner that would match increases for the City's represented employees or the market, the Council authorized a 4% increase effective January 1, 2016, a 3% increase effective January 1, 2017, and a 3% increase effective January 1, 2018 and prorated vacation of up to 16 hours per year for those employees who meet the eligibility requirements for qualifying for the Healthy Workplace/Healthy Families Act of 2014; and WHEREAS, certain positions must be adjusted by more than 4% to meet the January 2016 minimum wage requirement, and those adjustments are included in the attached Salary Schedule; and WHEREAS, Council directed staff to tie salary increases starting in January 2018 to AFSCME 829 and 2190 wage increases; and WHEREAS, City Council authorization is required to approve the salary and benefit increases for the unrepresented part-time positions. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Burlingame does hereby approve changes to the Part-time Salary and Benefit Resolution and authorize the City Manager to execute the Part-time Salary and Benefit Plan and increase the salary ranges as attached to the report effective the first pay period following January 1, 2016. Terry Nagel, Mayor I, MEAGHAN HASSEL-SHEARER, City Clerk of the City of Burlingame, do hereby certify that the foregoing resolution was introduced at a regular meeting of the City Council held on the 7th day of December 2015, and was adopted thereafter by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Meaghan Hassel -Shearer, City Clerk City of Burlingame Part -Time Employee Salary & Benefit Resolution Purpose of Resolution This resolution sets forth the procedures for conforming with the Healthy Workplaces/Healthy Families Act of 2014 and the Affordable Health Care Act, both of which went into effect July 01, 2015. In addition, this resolution clarifies definitions and categories of part-time employment and related applicable benefit structure. 1. CATEGORIES: The City has four categories of Part-time employees: Regular Part -Time, Casual Part -Time, Casual Part -Time CalPERS Membership Eligible and Casual Part -Time Medical Plan Eligible. Regular Part -Time Employees: are defined as those employees who are represented by a collective bargaining agreement and work 30 hours or more a week and covered by the provisions/benefits of their respective Memorandum of Understandings. Casual Part -Time Employees: are defined as those employees who work on a per diem, seasonal or temporary basis, and do not work the sufficient hours to meet the mandated CaIPERS benefits criteria. They are further defined as employees working "at will" and not part of a collective bargaining unit nor on a full-time basis. An "at will" employee is defined as an employee who is not in the competitive service, works at the will of the City and may be dismissed at any time with or without cause. Casual employees receive paid sick leave as described in Section 4(B), but are not eligible for benefits under any other portion of Section 4. Casual Part -Time CalPERS Membership Eligible Employees: are defined as employees who qualify for CalPERS membership defined by the Public Employees' Retirement Law (PERL) and participate in the City's CalPERS defined benefit retirement plan. These are employees who are enrolled in the CalPERS retirement system at the time of hire with the City of Burlingame. Eligibility is defined in Section 4(C). They are further defined as employees working less than 30 hours a week, "at will" and not part of a collective bargaining unit nor on a full-time basis. Casual Part -Time Medical Plan Eligible Employees: are defined as employees who qualify for medical plan enrollment as defined by the PERL or the Affordable Care Act (ACA). Eligibility is defined in Section 4(A). They are further defined as employees working less than 30 hours a week, "at will" and not part of a collective bargaining unit nor on a full- time basis. 2. SALARY AND CLASSIFICATION A. Starting Salary New Part -Time employees are normally hired at Step A of the salary range unless they are exceptionally qualified and a higher starting salary is recommended and approved by the Department Head. B. Salary Step and Merit Increases A step increase is based upon a review and evaluation of the employee's job performance after a specified period of time has elapsed. Employees must receive at least a satisfactory rating, as indicated on their most recent Performance Evaluation Form, in order to be considered for a step increase. Part-time employees who regularly work 25 hours or more per week are to be given a performance evaluation six months after the date of hire and annually thereafter. Seasonal Part-time employees are evaluated at the end of each seasonal appointment prior to the last day of the assignment. Additional evaluations may be conducted at the supervisor's discretion. Supervisors who work with all other Casual employees are encouraged to evaluate performance informally on an as -needed basis. Each Department is responsible for tracking part-time hours to meet the salary increase and evaluation timelines described above. Seasonal employees must receive an evaluation rating of "above average' or higher during the last seasonal appointment to receive a step increase upon re-employment to the same seasonal classification. When seasonal part- time employees are re -hired to fill a seasonal position in a classification previously held, step increases are not automatic. Upon written justification and departmental and Human Resources Department approval, an individual who demonstrates EXCEPTIONAL leadership ability and job performance may be given a merit raise before meeting time requirements, if he/she displays outstanding job performance. Merit increases are determined by the Supervisor based on the above criteria and are dependent upon continued improvement and efficient and effective service. All changes in compensation will become effective on the first payroll following the effective date of the compensation change. 3. OVERTIME PAY Part -Time employees are eligible for overtime pay at time and one-half their regular rate of pay when required to work more than a standard 40 -hour week. All overtime work must be pre -approved by a supervisor or the Department Head. A Part -Time employee's workweek shall begin at 12:01 am Sunday and end at 11:59 pm the following Saturday, unless otherwise designated by the Department Head. 4. MEDICAL AND RETIREMENT ELIGIBILITY A. Medical Plan Eligibility and Benefits 1. CalPERS medical plan eligibility: on the tenure and time base of an employee's qualifying appointment (single classification). The employee's classification or title is not used to determine eligibility. Only employees with appointments that are more than six months (tenure) and half time or greater (time base) are eligible to enroll. 2. Affordable Care Act (ACA) Eligibility: Employees who have worked an average of 130 hours per month during their measurement period are eligible for an offer of medical insurance coverage. 3. The City will contribute on behalf of part-time employees who participate in City -sponsored medical insurance an employer contribution towards that benefit in an amount equal to the minimum contribution required under the Public Employees' Medical and Hospital Care Act (PEMHCA). B. California Paid Sick Leave (pursuant to AB 1522) All Part-time employees (*except retired annuitants) are covered by this Resolution and are eligible to accrue and use paid sick leave as described below. *Per AB 304, Chapter 37, retired annuitants are not eligible for sick leave under the AB1522 provision. 1. ACCRUAL— Effective July 1, 2015, an employee who works 30 or more days within a year from the beginning of employment may accrue paid sick leave at a rate of one (1) hour for every thirty (30) hours worked. The sick leave bank will roll over from year to year but cannot exceed the maximum accrual cap of 48 hours. 2. USE — On the 90th day of employment and after, an employee may begin using accrued sick leave. The maximum use of paid sick leave is 24 hours in a one-year period. The employee shall request the use of sick leave and provide reasonable advanced notice when the sick leave is foreseeable or as soon as practicable when the leave is unforeseeable. The sick leave may be used as follows: L For the employee or family member for the diagnosis, care or treatment of an existing health condition or preventive care; ii. For an employee who is the victim of domestic violence, sexual assault or stalking. 3. NO CASH OUT— unused but accrued sick leave will not be cashed out at any time, and has no cash out value upon the end of the employment relationship. However, former employees who are rehired within one year regain their previously accrued and unused sick leave bank. C. CaIPERS Retirement Eligibility and Benefits The benefits provided in this section 4C are available to those employees who qualify as Part -Time CalPERS Eligible Employees as Defined in Section 1 above Part -Time CalPERS Eligible employees as defined in Government Code § 20305, including: 1) Employees who are already members of CalPERS 2) Employees whose appointment fixes a term of full-time, continuous service in excess of six months or the position requires regular service for at least an average of 20 hours per week for one year or longer, or requires service that is equivalent to at least an average of 20 hours per week for one year or longer. 3) An employee who meets one of the following conditions as monitored: No length of appointment is specified, but full-time employment continues longer than six months. ii. Person works more than 125 days or more in a fiscal year if paid on a "per diem" basis, iii. Person works 1,000 hours or more in a fiscal year if paid on other than per diem basis. Any overtime hours worked are counted as qualifying time. Employees hired on or before December 31, 2012 and have not had a break in CalPERS service of six months or more are consider "classic" members, and therefore are eligible for the 2.5% @ 55 retirement benefit formula. Miscellaneous employees hired after January 1, 2013, fall under the 2013 Public Employees Pension Reform Act (PEPRA) guidelines. Therefore they are eligible for the 2% @ 62 retirement benefit with final pension calculated on the average highest annual compensation over a consecutive 36 -month period. 5. BENEFITS: Vacation Accrual: Effective January 01, 2016, Unrepresented Part-time employees who work 30 or more days within a year from the beginning of employment with the City of Burlingame accrue vacation pay at the rate of one (1) hour for every 52 hours worked. The maximum annual vacation accrual is 16 hours per year. No employee shall be allowed to have an accumulation of more than two (2) years' worth of vacation accrual to his/her credit at any one time. Vacation accrued in excess of the maximum allowed will be liquidated by monetary payment during the month of December. 6. EMPLOYMENT RECORDS: On or about January 1 of each year, employment records for part-time employees are audited. Part-time employees who have not worked during the preceding calendar year will be automatically separated from service unless a prior exception has been recommended by the Department. Proposed Salary Schedule for Casual Part -Time, Seasonal, Per Diem and Temporary Employees (effective first pay period after January 1, 2016) Position Title Step A Step B Step C Step D Step E Step F Administrative Support $29.74 $31.23 $32.79 $34.43 $36.15 Building Maintenance Worker $25.45 $26.72 $28.06 $29.46 $30.93 Custodian $20.48 $21.50 $22.58 $23.71 $24.89 Office Assistant I $19.86 $20.85 $21.90 $22.99 $24.14 Police Service Aide $12.56 $13.19 $13.85 $14.54 $15.27 Parking Enforcement Technician $22.23 $23.34 $24.51 $25.73 $27.02 Parks & Tree Worker $25.18 1 $26.44 $27.76 1 $29.15 $30.61 Assistant to City Manager $47.45 $49.82 $52.31 $54.93 $57.68 Deputy/Assistant City Attorney $35.00 $75.00 Intern $14.04 $14.74 $15.48 $16.25 $17.07 Intern II $25.00 $30.00 $35.00 $40.00 $45.00 Automotive Technician $23.04 $24.19 $25.40 $26.67 $28.01 Facilities Project Manager $46.91 Laborer $23.64 $24.82 1 $26.06 $27.37 1 $28.73 Sidewalk Program Coordinator $30.53 $32.06 $33.66 $35.34 $37.11 Management Analst $39.81 $41.80 $43.89 $46.09 $48.39 Pro am Manager $47.45 $49.82 $52.31 $54.93 $57.68 $60.56 Engineering Technician II $29.30 $30.77 $32.30 $33.92 $35.61 Summer Crew $10.40 $10.92 $11.47 $12.04 $12.64 Summer Crew Supervisor $13.27 $13.94 $14.63 $15.37 $16.13 Junior Recreation Leader $10.40 $10.92 $11.47 Recreation Leader $12.04 $12.64 $13.27 Park and Recreation Field Monitor $20.80 $21.84 1 $22.94 $24.09 $25.29 Senior Recreation Leader $13.94 $14.63 $15.37 $16.13 $16.94 Building Attendant $16.66 $17.49 $18.37 $19.29 $20.25 Recreation Specialist $15.69 $16.47 $17.30 $18.16 $19.07 Pre -School Site Coordinator $18.25 $19.16 $20.12 $21.13 $22.18 Pre -School Music Specialist $60.00 Program Outreach Specialist $25.00 $26.25 $27.56 $28.94 1 $30.39 Preschool Teacher $17.06 $17.91 $18.81 $19.75 $20.74 Libra Aide $11.85 $12.44 $13.06 $13.72 $14.40 Libra Assistant II $22.63 $23.76 $24.95 $26.20 $27.51 Libra Assistant $20.28 $21.29 $22.36 $23.48 $24.65 $25.88 Librarian lI $29.15 $30.61 $32.14 $33.74 $35.43 Librarian I $26.46 $27.78 $29.17 $30.63 $32.16 Per Diem Comm Dispatcher $16.39 $17.21 $18.07 $18.97 SustainabilityCoordinator $39.15 $41.11 $43.16 $45.32 $47.59 STAFF REPORT AGENDA NO: 8f a MEETING DATE: December7,2015 To: Honorable Mayor and City Council Date: December 7, 2015 From: Syed Murtuza, Director of Public Works — (650) 558-7230 Subject: Adoption of a Resolution Authorizing the City Manager to Execute an Agreement for Subsurface Sewer Easement at 1209 Mills Avenue RECOMMENDATION Staff recommends that the City Council adopt the attached resolution authorizing the City Manager to execute an Agreement for Subsurface Sewer Easement at 1209 Mills Avenue. BACKGROUND In October 2014, the property owners of 1209 Mills Avenue in the Burlingame Grove Subdivision submitted a planning application to remodel and construct a 2nd story addition to their single family house. Upon review of the planning application, staff discovered that an existing 8 -inch sanitary sewer main in an unrecorded easement was located under the house. The 8 -inch sewer main services 20 single family homes in the rear of the property and connects to the sewer main on Mills Avenue. The existing sewer main under the property was inspected, and a sag in the pipe was discovered. Staff was concerned that the additional weight from the remodel of the property would further exacerbate the deterioration of the pipeline. Staff determined that the best solution to address the problem is to relocate the sewer main from underneath the house and realign it along the property line as shown in the attached Exhibit 1. The property owners are agreeable to the realignment of the sewer main that would run parallel to the new detached garage and under the drive aisle. DISCUSSION In order to construct and allow for future servicing and maintenance of the new sewer main, staff developed the attached agreement for subsurface sewer easement. The attached easement agreement outlines the use of the easement, restrictions, repair and maintenance notification requirements, legal description, and area of the easement. 1 Resolution Authorizing the City Manager to Execute Subsurface Sewer Easement December 7, 2015 Agreement at 1209 Mills Avenue FISCAL IMPACT There are no costs to the City for executing this agreement. Given the deteriorated state of the existing line, the City would have to repair or replace the line regardless of the homeowners' anticipated construction work. Therefore, no net costs to the City are associated with approval of this easement. The construction of the new sewer main at 1209 Mills Avenue will be included in the FY2016-17 Sanitary Sewer Capital Improvement Program. Exhibits: • Resolution • Agreement for Subsurface Sewer Easement • Exhibit 1 —1209 Mills Avenue sewer replacement diagram 2 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT FOR SUBSURFACE SEWER EASEMENT AT 1209 MILLS AVENUE The City Council of the City of Burlingame, California does resolve as follows: WHEREAS, in October 2014, the property owners of 1209 Mills Avenue submitted a planning application to remodel and construct a 2nd story addition to their single family house; and WHEREAS, upon review staff discovered that an existing 8 -inch sanitary sewer main in an unrecorded easement was located under the house which services 20 single family homes in the rear of the property and connects to the sewer main on Mills Avenue; and WHEREAS, the sewer main under the property was inspected and a sag in the pipe was discovered, and staff was concerned that the remodel of the property would exacerbate the deterioration of the pipeline; and WHEREAS, staff determined that the best solution to address the problem is to relocate the sewer main from underneath the house and realign it along the property line; and WHEREAS, a subsurface sewer easement agreement was developed for the benefit of the property owner and City. NOW, THEREFORE BE IT RESOLVED, DETERMINED AND ORDERED BY THE COUNCIL, AS FOLLOWS: 1. The City Manager be, and is hereby, authorized to execute said agreement for and on behalf of the City of Burlingame. 2. The City Clerk is hereby ordered and instructed to attest such signature. Terry Nagel, Mayor I, MEAGHAN HASSEL-SHEARER, City Clerk of the City of Burlingame, do hereby certify that the foregoing Resolution was introduced at a regular meeting of the City Council held on the 7th day of December, 2015, and was adopted thereafter by the following vote: AYES: Councilmembers: NOES: Councilmembers: ABSENT: Councilmembers: Meaghan Hassel -Shearer, City Clerk RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: Kitisak Larlarb and Kali Taylor 1209 Mills Avenue Burlingame, CA 94010 Documentary transfer tax is$ -0-, agreement for maintenance for no consideration. COUNTY OF SAN MATEO REAL PROPERTY CONVEYANCE TAX -0- NO CONSIDERATION AMOUNT OF TAX DUE: NONE COMPUTED ON TOTAL VALUE OFT] IE CONSIDERATION; NO ENCUMBERANCES; EASEMENT GRANTED TO PUBLIC ENTITY THE UNDERSIGNED DECLARANT'S SIGNATURE AGREEMENT FOR SUBSURFACE SEWER EASEMENT Kitisak Larlarb and Kali Taylor, husband and wife, ("Owners") and the City of Burlingame ("City") enter into this Agreement for Subsurface Sewer Easement (this "Agreement") based on the follow ng: RECITALS A. Owners own the residential real property and improvements commonly known as 1209 Mills Avenue, Burlingame, San Mateo County, California (the "Property"). The legal description of the Property is attached to this Agreement as Exhibit A. B. The City desires to install, construct, and maintain a sanitary sewer main (the "sewer main") beneath the surface of the Property. The sewer main will serve other properties and will connect to a sewer trunk line located beneath Mills Avenue, The sewer main will replace an existing main that is located beneath the house constructed on the Property. C. The City desires to acquire, and Owners desire to grant, a subsurface easement to accommodate the new sewer line, on the terms and conditions set forth herein. Now, therefore, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: AGREEMENT I . Effective Date; This Agreement shall be effective as of the date it is recorded with the San Mateo Recorder. 2. Grant of Easement. Owners hereby grant to City a subsurface sewer easement (the "Easement") under the Property within the area described in Exhibit B (the "Easement Area"). 3. Use of Easement. The Easement shall be for the sole purpose of constructing, maintaining, repairing, and replacing the sewer main. 4. Restrictions on Use of Easement by City. (a) City shall not install any other utilities within the Easement Area including, without limitation, storm sewer mains, water mains, telecommunication or cable television lines, or telephone lines. a. All sewer pipes, equipment, fixtures and improvements shall be located beneath the surface of the Easement Area except that City may install, maintain, repair and replace two service manholes within the Easement Area as outlined in Exhibit B. City shall not install or construct any other improvements, equipment or fixtures at or above the surface of the Easement Area. b. This easement shall not include any mineral rights, oil and gas rights, water rights, or air rights above the surface of the Easement Area. C. City shall not assign any rights under this Agreement. No other public entity or public utility shall have any right to use the Easement or the Easement Area. 5. Use of Easement Area by Owners. a. Except as specifically granted in this Agreement, Owners reserve all rights to use the Easement Area. Owners may construct, maintain, repair and replace structures, equipment, fixtures, and other improvements on the surface of the Easement Area (except at the location of the cleanout) including, without limitation, a patio, fire pit, Jacuzzi, pergola, landscaping, or other hardscape or softscape, provided that such improvements do not prevent access to the service manholes. The support for such improvements may penetrate beneath the surface of the Easement Area provided that they do not conflict with the location of the sewer main or compromise the soil structure or support for such main. In the event that such subsurface penetrations cause damage to the sewer main, Owners shall remove such improvements and repair such damage at their expense, and the indemnity provisions set forth in paragraph 8 of this agreement shall be inapplicable as to costs or damages arising out of such damage to the sewer and related repair work. b. Prior to the installation of the sewer main, Owners shall make improvements to the foundation of the house adjacent to the Easement Area as reasonably required by the City Engineer in order to protect the Easement Area and will relocate their sewer lateral. 6. Scheduling; of Repairs and Maintenance. Except in emergency situations, City shall give a minimum of 48 hours' notice of any maintenance and repairs to be performed within the Easement Area. Inenergency situations, City shall give Owners as much notice as is reasonably practical under the circumstances. All maintenance and repairs shall be performed in a manner that is the least disruptive feasible to Owners and the improvements on the Property, Notice shall be provided by telephone and email. Owners shall provide contact information to City and may provide different or additional contact information to the Director of Public Works for City as necessary. 7. Termination of Easement. This Easement shall run with the land and shall continue until terminated as provided herein. The Easement shall be terminated (a) by mutual agreement or (b) if the sewer main is removed from the Easement Area. 8. Indemnity Obligations. City shall indemnify, defend, and hold Owners hannless from any losses, claims, damage, or loss of use arising from City's use of the Easement and Easement Area, including, but not limited to, damage to improvements or landscaping located on the Property and leaks from the sewer main, unless such losses or damage arose from the negligence of Owners or their agents or the construction of subsurface penetrations within the Easement Area that damage or compromise the structural integrity of the sewer main or the surrounding soils. 9. Enforcement. This Agreement shall be governed by the laws of the State of California. Any action to interpret or enforce the terms of this Agreement or the parties' rights pursuant to the Easement shall be filed in San Mateo Superior Court. The prevailing party shall be entitled to recover its/their attorney fees and costs, including expert fees, in addition to any other recovery. 10. Successors and Assigns. This Agreement and the Easement granted herein shall be binding on and inure to the benefit of each party's successors and assigns. 11. Recordation. Owners shall record this Easement with the San Mateo Recorder and shall provide a copy of the recorded Easement to City. 12. Modifications. This Agreement represents the entire agreement of the parties with respect to its subject matter and supersedes any prior agreements and easements, express, implied, prescriptive, or dedicated. This Agreement may be modified only by a writing signed by all parties and recorded by Owners. SO AGREED: Date: -- Kitisak Larlarb (Owner) Date: Kali Taylor (Owner) CITY OF BURLINGAME Date: Lisa K. Goldman, City Manager APPROVED AS TO FORM: Kathleen Kane, City Attorney ATTEST: Meaghan Hassel -Shearer, City Clerk Exhibit A LEGAL DESCRIPTION Real property in the City of Burlingame, County of San Mateo, State of California, described as follows: LOT 19, BLOCK 3, AS SHOWN ON THAT CERTAIN MAP ENTITLED, "MAP OF BURLINGAME GROVE, SAN MATEO COUNTY, CALIFORNIA (BEING A PART OF BUR] BUR[ RANCHO)", FILED IN THE OFFICE OF THE RECORDER OF THE COUNTY OF SAN MATEO, STATE OF CALIFORNIA, ON JULY 16, 1906, IN BOOK B OF MAPS, AT PAGE(S) 30, AND A COPY ENTERED IN BOOK 4 OF MAPS, AT PAGE 46. JPN: 026-007-073-23A APN: 026-073-230 EXHIBIT "B" ` LEGAL DESCRIPTION SANITARY SEWER EASEMENT THAT REAL PROPERTY LOCATED IN THE CITY OF BURLINGAME, COUNTY OF SAN MATEO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: BEING A SANITARY SEWER EASEMENT, 9.00 FEET WIDE, FOR THE INSTALLATION AND MAINTENANCE OF A SANITARY SEWER SYSTEM, INCLUDING THE RIGHT TO ENTER FOR SAID INSTALLATION AND MAINTENANCE OVER THE FOLLOWING DESCRIBED PROPERTY: BEING A PORTION OF LOT 19, BLOCK 3, AS SHOWN ON THAT CERTAIN MAP ENTITLED "MAP OF BURLINGAME GROVE, SAN MATEO COUNTY, CALIFORNIA (BEING A PART OF BURI BURT RANCHO)", FILED IN THE OFFICE OF THE RECORDER OF THE COUNTY OF SAN MATEO, STATE OF CALIFORNIA, ON JULY 19, 1906, IN BOOK B OF MAPS, AT PAGE 30, AND A COPY ENTERED IN BOOK 4 OF MAPS, AT PAGE 46, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTHEAST LINE OF MILLS AVENUE AT THE SOUTHWEST CORNER OF LOT 19, BLOCK 3, AS SHOWN ON THE SAID MAP OF BURLINGAME GROVE (4 M 46); THENCE SOUTHEASTERLY ALONG THE SOUTHWESTERLY LINE OF LOT 19 SOUTH 53015'00" EAST 73.48 FEET; THENCE LEAVING SAID SOUTHWESTERLY LINE SOUTH 83015'00" EAST 30.40 FEET; THENCE SOUTH 53015'00" EAST 25.19 FEET TO A POINT ON THE SOUTHEASTERLY LINE OF SAID LOT 19; THENCE NORTHEASTERLY ALONG THE SAID SOUTHEASTERLY LINE NORTH 36045'00" EAST 9.00 FEET; THENCE LEAVING SAID SOUTHEASTERLY LINE NORTH 53015'00"" WEST 27.60 FEET; THENCE NORTH 83015'00"" WEST 30.40 FEET; THENCE NORTH 53015'00" WEST 71.07 FEET TO A POINT ON THE NORTHWESTERLY LINE OF LOT 19; THENCE SOUTHWESTERLY ALONG THE SAID NORTHWESTERLY LINE SOUTH 36045'00" WEST 9.00 FEET TO THE POINT OF BEGINNING. CONTAINING 1,162 SQUARE FEET, MORE OR LESS ATTACHED HERETO IS A PLAT ENTITLED EXHIBIT "C" WHICH BY THIS REFERENCE IS MADE A PART HEREOF. PREPARED BY: ARRYLALLEN LEXANDER PLS 5071 LICENSE EXPIRES 6-30-2017 1 "=20' tiv SOT S. � 209 's• 00�� pop 0• yi s .9' \ SSS qo GF G �p� ASO qA 0, S p.. pGlCf s -VIP\ > �094i� qac 00 IS, '5' �S, s• f'F O oGF 00 •. '9S� � N83'15'00,,w _30.40' T -'o , 58315'Op'E— � �j Oo �o 2soo • SS \2s; 6'0\ \ N s ,�ys� 9• o° o � h 4� LEAANDER &AJOB NO.: 15269 550CIATES INC. EXHIBIT "C" FILE NO.: 8X11 EASEMENT AREA DATE: NOV 2015 SURVEYORS - PLANNERS - ENGINEERS 147 OLD RERNAL AVENUE, SUITE 10 C17Y OF BURLINGAME SHEET NUMBER: TOTAL SHEETS: PLEASANTON, CALIFORNIA 925 462-2255 els 462-6092 FAX SAN MATEO COUNTY CALIFORNIA 1 1 6 J SCZI f LZL --_fes- ___ r _a-_-zz-`�--_ s---- -- iby+ q o „z �k � I all 3(1N3Atl P SI -11W nem«%sx ,'13iJ ----- v—=--__ 5 bW ze..$.g_Ya __--_----_—i, lnmoTce �uci— __— v ry of m m a ry c}yz _o �gEe^ a �mm -�m'�Em9 09Zi ZLZL Kz 3 IT 4 �6 �a d w 2,c'3n3 E§:wszEgb o �a g 3m Q W Z �: m • ^� 7 ocam 6 ��esg3oma mW - ��p d i ma yz 1. z m%oo aFm Qgo u 3 oR o, H6is § u3o¢a°o vE Gz J n vF Wpz jWo fox o Sas o�.oaN d8§� ov $�F zN ��m _ ogjm m, zke u -v :o YS �'"3L 'gym „°z u a6� M mozYGx3pm$gE.mm6oso�u s ssinrr.9 -0 go EsaY�Go`Gxs yadNFo yz �mCF�m�."+GE U LL Q wo E�`E.S+ Q oa�5o'§e„_U.a.§3 6 J SCZI f LZL --_fes- ___ r _a-_-zz-`�--_ s---- -- iby+ q o „z �k � I all 3(1N3Atl P SI -11W nem«%sx ,'13iJ ----- v—=--__ 5 bW ze..$.g_Ya __--_----_—i, lnmoTce �uci— __— v ry of m m a ry c}yz _o �gEe^ a �mm -�m'�Em9 09Zi ZLZL Kz 3 IT a STAFF REPORT AGENDA NO: 8g MEETING DATE: December 7, 2015 To: Honorable Mayor and City Council Date: December 7, 2015 From: Meaghan Hassel -Shearer, City Clerk— (650) 558-7203 Subject: Adoption of a Resolution Declaring the Results of the General Municipal Election Held on November 3, 2015 RECOMMENDATION Staff recommends that the City Council adopt the attached resolution declaring the results of the November 3, 2015 General Municipal Election. BACKGROUND The City of Burlingame held an election on November 3, 2015 for two City Council seats. As the first countywide All -Mailed Ballot Election under the AB2028 Pilot Program, the County and Burlingame experienced a 4% increase in voter turnout. In 2013, Burlingame had a 33% voter turnout for the City Council contest, while in 2015 37% of registered voters voted. Moreover, out of the 5,948 ballots cast in the Burlingame City Council contest, only 130 ballots were cast at a Universal Polling Place or a Voting Center. Therefore, 98% of voters chose to vote by mail for the City Council contest. DISCUSSION Council should declare the final results of the election by resolution. The County Clerk's certificate is Exhibit A of the resolution. The final vote for City Council, as of November 24, 2015, the date the County Elections Office certified the General Municipal Election is: Emily Beach (elected) 3,921 Donna Colson (elected) 3,565 Nirmala Bandrapalli 2,297 Eric Storey 631 Therefore, Emily Beach and Donna Colson are elected to the City Council. Exhibit: • Resolution 1 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME DECLARING THE RESULTS OF THE GENERAL MUNICIPAL ELECTION HELD ON NOVEMBER 3, 2015 WHEREAS, a General Municipal Election was held in the City of Burlingame, on Tuesday, the 3rd day of November, 2015; and WHEREAS, the Board of Supervisors of San Mateo County was duly requested and did consent to a consolidated election pursuant to the Elections Code; and WHEREAS, the County Clerk was duly requested to hold the election, notice of the election was duly and regularly given as required by law; voting precincts were duly established, election officers were appointed and voting supplies furnished; in every respect and manner the election was held and conducted, and the votes cast were received within the time and manner prescribed by the law of the State of California controlling elections in general law cities; and WHEREAS, pursuant to Elections Code §§ 10262, 10263, and 10264, the City Council of the City of Burlingame duly convened in the Council Chambers at City Hall on the 7th day of December, 2015, following receipt of the County Clerk's Certificate of Election, to accept the Certificate of the canvass of the returns of the election, to declare the results of the election, and to install the newly elected officers; and WHEREAS, as provided by the canvass, the City Council finds that the number of votes cast, the persons for whom such votes were cast, and all other matters required by law are hereinafter stated; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BURLINGAME DOES RESOLVE AS FOLLOWS: 1. The election held in the City of Burlingame on the 3rd day of November, 2015, was conducted in the time, manner and form required by the laws of the State of California governing elections in general law cities. 2. The number of ballots cast in the election, the names of the persons and offices voted for and the number of votes cast at each precinct and in the City for each candidate, are as set forth in EXHIBIT A, attached hereto and incorporated herein. 3. At this General Municipal Election, the following persons received the highest number of votes cast for and were elected to the office of City Councilmember for a term of four (4) years: Emily Beach Donna Colson 4. The City Clerk is requested to deliver the certificates of election as provided in the Elections Code. Mayor I, MEAGHAN HASSEL-SHEARER, City Clerk of the City of Burlingame, do hereby certify that the foregoing Resolution was introduced at a regular meeting of the City Council held on the 7th day of December, 2015, and was adopted thereafter by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: City Clerk EXHIBIT A CERTIFICATE OF THE CHIEF ELECTIONS OFFICER In the Matter of the CANVASS OF VOTE CAST ) at the CONSOLIDATED MUNICIPAL, SCHOOL ) AND SPECIAL DISTRICT ) ALL -MAILED BALLOT ELECTION ) held on November 3, 2015 ) I, MARK CHURCH, Chief Elections Officer of the County of San Mateo, State of California hereby certify; THAT an election was held within the boundaries of the CITY OF BURLINGAME on Tuesday, November 3, 2015 for the purpose of electing two (2) Council Members for four (4) year terms; and I caused to have processed and recorded the votes from the canvass of all ballots cast at said election within the boundaries of the CITY OF BURLINGAME. I HEREBY FURTHER CERTIFY that the record of votes cast at said election is set forth in Exhibit "A" attached hereto and incorporated herein by reference as though fully set forth at length. IN WITNESS WHEREOF, I hereunto affix my hand and seal this 24th day of November, 2015, and file this date with the City Clerk of the CITY OF BURLINGAME. MARK CHURCH Chief Elections Officer & Assessor -County Clerk -Recorder I COUNTY OF SAN MATEO STATEMENT OF THE VOTE Page 65 of 135 CITY OF BURLINGAME MEMBERS, CITY COUNCIL 14 W J a a z z � O U a m m ¢ p V'a 08 U -0 K w 1001 1995 716 378 426 361 76 351 1003 1,402 443 316 2�, JU 69 224 1001 1,126 514 356 444 194 63 391 1008 2,650 BB9 335 404 3% 129 506 1012 2,357 893 37.9 595 332 9fi 573 1016 1,729 791 457 590 230 56 526 '.1018 1.635 -us 52.2 657 - 43 530 1023 2.2M 723 320 445 2! 99 45 Early Voting Totals15,70 15 B.1 5 s 3 8 Absentee Totals 1570 5,818 37.1 3853 223> fii8 3519 Election Gay Totals 15)0 115 07 fi3 54 10 47 Grand Totals 15,701 5948 3 9 9 31 3565 COUNTY OF SAN MATEO STATEMENT OF THE VOTE Page 66 of 175 Eady Voting Totals CITY OF BURLINGAME MEMBERS, CITY COUNCIL 14 w ¢ a, o z x U z ¢ w O N m ¢ m o o p U .. to o r g v D ¢ U z Z tC tt m H U> W 2 W O 1,ITHCAINGRESSI0NA1-015TRICT 15.702 15 0.1 B 2NDASSEMBLY DISTRICT 15,702 15 D1 6 iSTSUPERMSCRALDISTRICT 15,]02 15 0.1 B 13TH SENATORIAL DISTRICT 15,702 15 0.1 6 BOARD OF EQUALIZATION DISTRICT 15.702 15 CA a CITY OF BURLINGAME 15,]02 15 0.1 JS a CCUPM OF SAN MATEO {5,702 - 15 D1 B HP.LSSOROUGH CITY ELEMENTARY 5001 4 D1 0 SAN MATEO COMMNItt COLLEGE 15,]02 15 Dt a SAN MATEO UNION HIGH SCHOOL 15,]C2 15 Dl 5 Earl Votin Totals15.]0 15 01 0 COUNTY OF SAN MATEO STATEMENT OF THE VOTE Page 67 of 135 Absentee Totals CITY OF BURLINGAME MEMBERS, CITY COUNCIL 14 w a z It z 0 x z w e Q mtvm m< m 0 U LL J U N hOoj 6_ < Q z - o E f U z Z W O 14THCONCRESSIONALDISTRICT 15,702 5,616 37.1 389 M7 616 3510 22 I10ASSEMBLYDISTRICT 15,702 5,818 37.1 -3859 2n7 616 3510 15TSUPERYISORIALDIS7RICT 15,702 5,610 37.1. 309 2237 616 3510 13TH SENATORIAL DISTRICT 13,702 5,810 37.1 3853 2237 518 3510 BOARD OF EQUALIZATION -DISTRICT 15,702 5.818 371 3853 2237 fits 3510 CITY OF SURD NGAME 15,702 5.616 37.1 3853 2237 610 3510 COUMY OF SAN MATEO - - _ 15,702 5.818 '371 3853 2237 616 3510 HII1530ROUGH CRY ELEMENTARY. 5,007 1,729 34.5 1 0 0 SAN MATEO COMMUNITY COLLEGE .15,702 5,818 37.1 389 =7 618 3510 SAN MATEO UNION HIGH SCHOOL 15 ]02 5,818 37.1 3053 2237 616 3510 Absentee Tofale 15,70 58181 37AI 1 38531 22371618 3510 COUNTY OF SAN MATEO STATEMENT OF THE VOTE Page 68 of 135 Grand Totals CITY OF BURLINGAME MEMBERS, CITY COUNCIL 14 w q a p S z z — 2 j o Z } p N m S an p , 5 ° _ O o 0 ¢ y z E j v m 1='0� ¢ O w m F- U�w Z w Q 14THCONGRESSIONALOISTRICT 15,702 5,m 37.9 3921 227 631 3555 2 NDASSEMBLYOISTRICT 15,702 5,943 37.9 - 3921 2297 631 3555 1STSUPEWSORIALOISTRICT 15.702 5,946 37.9 3921 .227 631`3565 13i H SENATORIAL DISTRIOT 15.702 5,946 37.9 _ 3921 2297 631 3565 UOARO OF EO UALIZATION- DISTRICT 15.702 5,945 37.9 3921 2297 631 3565 CITY OF GURU NGAME 15,702 5,946 37.9 3921 2297 631 3565 COUNTY OF SAN MATED - 15.7C2 5,946 37.9 3921 2297 631 3565 HILLSBOROUGH CNY ELEMENTARY 5,007 1,762 35L t C 0 0 SAN MATEO COMMUNITY COLLEGE 15,7[2 5,946 37.9 3921 WR 631 3565 SAN MAT EO UNION HIGH SCHOOL 15.702 5,940 37.9 3921 2297 631 3555 Early Voting Totals 15,70 15 0.1 5 6 3 6 Absentee Totals 15,70 5,616 37.1 3653 2237 616 3510 Election Day Totals 15,70 115 07 63 54 10 47 1 Grand Totals 1570. 5946 379 39211 22971 631 3565