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
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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
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Agenda Item 8a
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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
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Agenda Item 8a
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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.
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Agenda Item 8a
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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
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Agenda Item 8a
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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
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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
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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
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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
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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
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15.702
15
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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
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CITY OF BURLINGAME
15,]02
15
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CCUPM OF SAN MATEO
{5,702
- 15
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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
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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
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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