HomeMy WebLinkAboutAgenda Packet - CC - 2015.04.20City of Burlingame
Meeting Agenda - Final
City Council
BURLINGAME CITY HALL
501 PRIMROSE ROAD
BURLINGAME, CA 94010
Monday, April 20, 2015 7:00 PM Council Chambers
CLOSED SESSION - 5:45 p.m.. - Conference Room A
a. Personnel Matter: Annual Performance Evaluation of City Attorney
Government Code 5 54957(b)
STUDY SESSION - 6:15 p.m. - Conference Room A
a. Joint Meeting with Traffic, Safety & Parking Commission
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
a. Presentation by Youth Advisory Committee
b. Presentation by Pacific Gas & Electric
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City Council Meeting Agenda - Final April 20, 2015
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 April 6, 2015
Attachments: 4-6-15 Unapproved Minutes
b. Adoption of a Resolution Authorizing the City Manager to Amend the Agreement with
All City Management Services (ACMS) for Crossing Guard Services
Attachments: Staff Report
Resolution
C. Approval of a Field Subletting Penalty
Attachments: Staff Report
Youth Field User Organization Validation Application
Field Use Policy
d. Adoption of a Resolution Abandoning an Existing Sanitary Sewer Easement Accepting
a New Sanitary Sewer Easement and Approving an Emergency Access Easement at
2202 Summit Drive
Attachments: Staff Report
Resolution
Plats and Legal Descriptions for Easements
e. Agreement with Turbo Data Systems Inc for Parking Citation Processing and
Adjudication Services
Attachments: Staff Report
Resolution
Agreement
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City Council Meeting Agenda - Final April 20, 2015
f. Adoption of a Resolution of Intention to Renew the Broadway Avenue Business
Improvement District and Levy Assessments for Fiscal Year 2015-16 and Settinq a
Public Hearing for May 18 2015; and Approving the District's Annual Report for
2014-15
Attachments: Staff Report
14-15 Annual Report
Resolution
Notice of Public Hearing
9. PUBLIC HEARINGS (Public Comment)
a. Continuance of a Public Hearing on the Appeal of the Planning Commission's Denial of
an Application for Negative Declaration Design Review and Special Permit for
Declining Height Envelope for a New Two -Story Single Family Dwelling and Detached
Garage, on Property at 1516 Howard Avenue Located Within a Single -Family
Residential (R-1) Zone
Attachments: Staff Report
Letter from Sing Statz
10. STAFF REPORTS AND COMMUNICATIONS (Public Comment)
a. Dog Off -Leash Pilot Program Update
Attachments: Staff Report
Site Map of Off -leash Location Washington Park
Site Mao of Off -leash Location Cuernavaca Park
Remarks from Community Members
b. Update on the State of California Water Shortage Emergency Conditions and Adoption
of a Resolution Implementing Stage 3 of the City of Burlingame Water Shortage
Contingency Pian
attachments: Staff Report
Resolution
Governor's Executive Order dated April 1 2015
SWRCB Resolution 2014-0038
SWRCB Resolution 2015-0013
SWRCB Regulatory Framework dated April 7 2015
Burlingame Municipal Code Chapter 15.06 for Water Shortage Emergencies
City of Burlingame Water Shortage Contingencv Plan Stages of Actions
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City Council Meeting Agenda - Final April 20, 2015
C. Follow up to the City Council's Request to Consider Increasing the Frequency of the
Traffic Safety and Parking Commission Meetings
Attachments: Staff Report
Staff Projects and Ongoing Duties
d. Procedure for Appointment of Community Advisory Committee Members for General
Plan Update
Attachments: Staff Report
MIG Memorandum —General Plan Advisory Committee
11. COUNCIL COMMITTEE AND ACTIVITIES REPORTS AND ANNOUNCEMENTS
Council Members report on committees and activities and make announcements.
12. FUTURE AGENDA ITEMS
13. ACKNOWLEDGMENTS
14. 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 - Next Regular City Council Meeting - Monday, May 4,
2015
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.
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CITY COUNCIL / TRAFFIC SAFETY & PARKING COMMISSION
JOINT MEETING
AGENDA
Monday, April 20, 2015
Conference Room A, 6:15 PM
1. CALL TO ORDER — 6:15 p.m.
2. DISCUSSION/STUDY ITEMS
a. Current and Recent Projects
b. Future Goals
3. 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 viewing at the City Clerk's
office, 501 Primrose Road, from 8:00 a.m. to 5 p.m. before the meeting and at the meeting. Visit the City's website
at www.burlinaame.oro. Agendas and minutes are available at the site.
Any writings or documents provided to a majority of the Traffic Safety and Parking Commission regarding any item
on this agenda will be made available for public inspection during normal business hours at City Hall, 501 Primrose
Road, Public Works - Engineering counter.
BURLINGAME
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BURLINGAME CITY COUNCIL
Unapproved Minutes
Regular Meeting of April 6, 2015
CALL TO ORDER
Agenda Item 8a
Meeting Date: 4/20/15
A duly noticed regular meeting of the Burlingame City Council was held on the above date in the City Hall
Council Chambers. Mayor Nagel called the meeting to order at 7:00 p.m.
2. PLEDGE OF ALLEGIANCE TO THE FLAG
The pledge of allegiance was led by Rudy Horak.
3. ROLL CALL
MEMBERS PRESENT: Browmigg, Keighran, Nagel, Ortiz, Root
MEMBERS ABSENT: None
4. REPORT OUT FROM CLOSED SESSION
CA Kane advised that Council met in Closed Session, direction was given, and there was no reportable
action at this time.
5. UPCOMING EVENTS
Mayor Nagel reviewed the upcoming events taking place in the City.
6. PRESENTATIONS
There were no presentations.
7. PUBLIC COMMENTS
Burlingame residents Cynthia Cornell and Melinda Nichols spoke about spoke about the lack of affordable
housing in Burlingame.
8. CONSENT CALENDAR
Mayor Nagel asked the Councilmembers and the public if they wished to remove any items from the Consent
Calendar, and she removed item 8a. Councilmember Root said he would abstain from voting on item 8c due
to the proximity to his residence, and he removed item 8h.
Burlingame City Council April 6, 2015
Unapproved Minutes
Vice Mayor Keighran made a motion to adopt items 8b, c, d, e, f, g, and i of the Consent Calendar; seconded
by Councilmember Ortiz. The motion was approved unanimously by voice vote, 5-0.
a. APPROVE THE CITY COUNCIL MEETING MINUTES OF MARCH 16 2015
CC Kearney requested Council approve the City Council meeting minutes of March 16, 2015.
Mayor Nagel made a correction to the March 16, 2015 meeting minutes, item l Ob, paragraphs seven and
eight to read as follows:
There was discussion by the Councilmembers concerning hiring a Community Outreach Coordinator for
Central County Fire Department who would help inform residents about training opportunities and involve
them in emergency preparedness efforts in order to build community resilience. The Council requested more
information about the cost and benefits of increasing the hours for the current part-time emergency
preparedness coordinator.
Council also discussed hiring a part-time Public Information Officer (PIO), and not all the Councilmembers
agreed that was a good idea and cautioned about adding positions since the financial impact needs to be
considered. CM Goldman said she wasn't planning on hiring a PIO at this time since she is hoping to handle
those functions internally. CM Goldman advised that there was going to be a study session on May 18, 2015
to discuss these issues.
• Mayor Nagel also changed bullet four of paragraph nine to read: move strategy H4 of goal IV,
facilitation of neighborhood groups, to goal IA
Councilmember Brownrigg made a motion to approve item 8a as amended; seconded by Councilmember
Root. The motion was approved unanimously by voice vote, 5-0
b. ADOPTION OF A RESOLUTION ACCEPTING THE BURLINGAME AVENUE BRODWAY
ADELINE DRIVE, AND PENINSULA AVENUE WATER MAIN IMPROVEMENTS PROJECT
CONSTRUCTED BY D&D PIPELINES, INC.
DPW Murtuza requested Council adopt Resolution No. 26-2015.
c. ADOPTION OF A RESOLUTION APPROVING THE FINAL CONOMINIUM MAP (PM 13-
02) SUBDIVISION OF LOT F, BLOCK 5, MAP OF BURLINGAME LAND COMPANY NO 2
SUBDIVISION AT 1225 FLORIBUNDA AVENUE
DPW Murluza requested Council adopt Resolution No. 27-2015.
d. OPEN NOMINATION PERIOD TO FILL ONE VACANCY ON THE LIBRARY BOARD OF
TRUSTEES
CM Goldman requested Council call for applications to the Library Board of Trustees by June 19, 2015.
Burlingame City Council April 6, 2015
Unapproved Minutes
e. APPROVAL OF PLANNING MANAGER'S ATTENDANCE AT AN OUT-OF-STATE
CONFERENCE (NATIONAL ADAPTATION FORUM)
CDD Meeker requested Council approve Planning Manager Kevin Gardiner's attendance at National
Adaptation Forum in St. Louis, Missouri from May 12-14, 2015.
f. ADOPTION OF A RESOLUTION OF INTENT TO AMEND THE CITY OF BURLINGAME
MASTER FEE SCHEDULE EFFECTIVE JULY 3.2015, AND SET THE PUBLIC HEARING
FOR SUCH AMENDMENT FOR MAY 4, 2015
FinDir Augustine requested Council adopt Resolution No.28-2015 amending the City of Burlingame Master
Fee Schedule and setting the public hearing for such amendment for Monday, May 4, 2015.
g. SCHEDULE A PUBLIC HEARING TO CONSIDER AN APPEAL OF THE PLANNING
COMMISSION'S MARCH 23, 2015 DENIAL OF REQUESTS FOR ADOPTION OF A
NEGATIVE DECLARATION AND APPROVAL OF APPLICATIONS FOR DESIGN REVIEW
AND A SPECIAL PERMIT FOR AN INTRUSTION INTO THE DECELING HEIGHT
ENVELOPE RELATED TO CONSTRUCTION OF A NEW SINGLE-FAMILY DWELLING AT
1516 HOWARD AVENUE
CDD Meeker requested Council schedule a public hearing at the April 20, 2015 City Council meeting to
consider the appeal.
h. ADOPTION OF A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AGREEMENT WITH THE COUNTY OF SAN MATEO FOR CONTINUED PROVISION OF
ANIMAL CONTROL SERVICES FOR A FIVE-YEAR TERM BEGINNING JULY 1 2015
Councilmember Root requested additional information concerning the agreement and CM Goldman advised
that since 1952, San Mateo County has contracted with the Peninsula Humane Society (PHS) for animal
control field and sheltering service. Ms. Goldman said all 20 cities in the County have in turn contracted
with the County for these services.
CM Goldman further advised that the mandated animal control services are provided by PHS at 12 Airport
Boulevard in San Mateo, however, that facility is in need of significant repairs and Burlingame, along with
all cities in the County, approved funding the construction of a new animal care facility at that location. CM
Goldman said that this new facility is so important to the region strategically, and the timing of this contract
extension (five years) will give the County and cities time to weigh options.
There was brief Council discussion and CM Goldman explained that some cities have had issues with PHS
but she said she has never known that to be the case in Burlingame. Council agreed that the City has always
had very good relationship with PHS.
Councilmember Root made a motion to adopt Resolution No.29 -2015; seconded by Councilmember Ortiz.
The motion was approved unanimously by voice vote, 5-0.
i. REPORT CONFUUMNG SALARY SCHEDULE FOR APPOINTED CITY CLERK
HRD Loomis requested Council approve the salary schedule for the City Clerk as shown in the staff report.
Burlingame City Council April 6, 2015
Unapproved Minutes
9. PUBLIC HEARINGS
a. CITY COUNCIL REVIEW OF THE PLANNING COMMISSION'S DENIAL OF AN
APPLICATION FOR A CONDITIONAL USE PERMIT FOR FENCED VEHICLE STORAGE
ON PROPERTY LOCATED AT THE NORTHEAST CORNER OF BROADWAY AND
CALIFORNIA DRIVE (1260 CALIFORNIA DRIVE)
CDD Meeker reviewed the staff report and advised that the applicant, E. James Hannay of Rector Motor Car
Company, is requesting a Conditional Use Permit for car storage for approximately 80 vehicles in the
parking lot on the northeast corner of Broadway and California Drive (1260 California Drive). Mr. Meeker
said the cars to be stored at this location would include new inventory in addition to cars awaiting repairs
from the main dealership located at 1010 Cadillac Way.
CDD Meeker said the application was originally considered by the Planning Commission on February 9,
2015 and continued to the February 23, 2015 Planning Commission meeting with direction to the applicant
to provide additional information. The matter was again considered by the Commission at its February 23,
2015 meeting. Ultimately the application was denied as a result of a tied vote (3 ayes, 3 nays, 1 absent) of the
Commission. Subsequent to the Planning Commission's action, Councilmember Brownrigg called the item
up for review by the City Council.
Mayor Nagel requested the applicant come forward and Mr. Hannay spoke and expressed his dismay with
the Planning Commission's decision since the Rector Motor Car Company has been a good neighbor and
good stewards of their property in the City for 64 years. Mr. Hannay said he feels the City would be
enhanced by them taking over this parking lot since it will be kept clean and maintained equally as well as
their existing property.
Vice Mayor Keighran asked if the lot would be used for employee parking and Mr. Hannay said no. Mayor
Nagel requested clarification of the hours and Mr. Hannay said there would be no movement of cars from
7:00 a.m. to 9:00 a.m. and 4:00 to 7:00 p.m.
Councilmember Brownrigg asked when this was first brought to the Council and Mr. Hannay advised that it
was July 2014. Mr. Brownrigg said at that time the Council was willing to help due to the good relationship
with Rector Motor Car Company, and the fact that the City derives significant benefit from the auto dealers.
Councilmember Brownrigg said that is why he thought it was a good idea to bring this matter before the City
Council, and that while the Planning Commission raised some reasonable issues, he thought they might be
missing the bigger picture and there were elements that the Council would consider that were not really part
of the Planning Commission's purview.
Councilmember Brownrigg requested a "sit down to talk" clause be included in the Conditional Use Permit
stating that if at some future time the City was to see a better use for the property, that a mutual termination
agreement could be imposed, and Mr. Hannay agreed to that condition.
CA Kane suggested that the wording of that condition could be "that the applicant agrees to meet with
representatives of the City and discuss any proposed alternative uses for the subject area identified pursuant
to City planning efforts" and Mr. Hannay agreed to that wording.
Mayor Nagel opened the public hearing and Burlingame resident Rudy Horak spoke about having a Fire
Department lock box placed in the parking lot, and that there be fence enhancements so that a child is unable
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Burlingame City Council April 6, 2015
Unapproved Minutes
to put their head between the pickets. Mr. Hannay spoke and said that the fence contractor is in complete
compliance with all safety issues.
CDD Meeker spoke and said they would add a condition "that a Fire Department lock box (Knox Box) shall
be provided if deemed necessary by the Central Council Fire Department's Fire Marshal." Mr. Hannay
agreed to that condition being added
Mayor Nagel closed the public hearing.
Councilmember Brownrigg spoke and said the Council was most appreciative of the time and effort that the
Planning Commission put into this issue.
Councilmember Brownrigg made a motion to overturn the Planning Commission's denial of the project with
the additional conditions of a mutual agreement and the Fire Department lock box; seconded by Vice Mayor
Keighran. The motion was approved unanimously by voice vote, 5-0.
b. PUBLIC HEARING AND ADOPTION OF A RESOLUTION ADJUSTING THE STORM
DRAIN FEE FOR FISCAL YEAR 2015-16 BY 2.0% BASED ON THE CPI FOR THE SAN
FRANCISCO -OAKLAND -SAN JOSE, CA AREA AS PUBLISHED MARCH 24 2015
FinDir Augustine reviewed the staff report and requested the City Council hold a public hearing to adopt the
Resolution. FinDir Augustine said this fee was established in 2009-10. Mayor Nagel asked what the
average annual fee will be, and DPW Murtuza said it would be approximately $160.00 per year.
Mayor Nagel opened the public hearing and Melinda Nichols spoke. There were no further comments from
the floor, and the hearing was closed.
Councilmember Brownrigg made a motion to adopt Resolution No. 31-2015 adjusting the storm drainage fee
for Fiscal Year 2015-16 by 2% based on the Consumer Price Index for the San Francisco -Oakland -San Jose,
CA area as published on March 24, 2015, and thanked Rudy Horak for his service on the Storm Drain
Oversight Committee for the past several years; seconded by Vice Mayor Keighran. The motion was
approved unanimously by voice vote, 5-0.
c. INTRODUCTION AND ADOPTION OF AN URGENCY ORDINANCE GOVERNING
WIRELESS FACILITY MODIFICATIONS UNDER 47 U.S.C. & 1455
CA Kane reviewed the staff report and advised that Section 6409 of the Middle Class Tax Relief and Job
Creation Act of 2012 restricted the regulatory authority that local jurisdictions may exercise over
modifications to existing wireless facilities. Ms. Kane further reviewed the Federal Communications
Commission's regulations implementing those provisions and the restrictions on local jurisdiction, and the
impact on the City.
Council asked if this was just for existing facilities and, if so, how many. CA Kane advised that she did not
have an exact number, but it was under five.
Mayor Nagel requested that the City Clerk read the proposed ordinance. Vice Mayor Keighran made a
motion to waive further reading and introduce the Ordinance; seconded by Councilmember Brownrigg. The
motion was approved unanimously by voice vote, 5-0. Mayor Nagel directed the City Clerk to publish a
summary of the proposed Ordinance.
Burlingame City Council April 6, 2015
Unapproved Minutes
Mayor Nagel opened the public hearing and no one spoke.
Councilmember Brownrigg made a motion to adopt the Ordinance, and include the findings as outlined in
the staff report; seconded by Councilmember Ortiz. The Mayor called for a roll call vote, and the motion was
approved unanimously 5-0.
10. STAFF REPORTS AND COMMUNICATIONS
a. CONSIDERATION OF APPOINTMENT TO THE PLANNING COMMISSION
Mayor Nagel commented that the Council had interviewed three excellent candidates who applied for the
one opening on the Planning Commission.
Mayor Nagel opened the item for public comment, and there were no comments.
CC Kearney gave each Councilmember a ballot to vote for one of the three candidates The ballot
submissions resulted in Michael Gaul being appointed to the Planning Commission for a four-year term,
ending April 7, 2019.
b. ADOPTION OF RESOLUTIONS AUTHORIZING THE INCLUSION OF PROPERTIES
WITHIN THE CITY'S JURISDICTION IN THE CALIFORNIA HERO PROGRAM
FIGTREE, PACE PROGRAM, AND CSCDA OPEN PACE PROGRAM
Sustainability Coordinator Sigalle Michael reviewed the staff report and advised that the HERO, Figtree, and
CSCDA Open Pace programs offer property owners the opportunity to finance renewable energy, energy and
water efficiency improvements, and electric charging infrastructure on their property.
Council discussion followed concerning the financial impact and the various features of the three programs.
CM Goldman advised that the City will have information and collateral materials available for the residents
and the City will publicize that information in the City's newsletter.
Mayor Nagel opened the item for public comment and John Law of the HERO Program spoke and provided
information on the interest rates for the programs. Councilmember Ortiz asked if there was any regulation
that controls the interest rate, and Mr. Law said there was not any regulation.
Vice Mayor Keighran made a motion to adopt Resolution No. 32-2015, Resolution No. 33-2015, and
Resolution No.34-2015; seconded by Councilmember Ortiz. The motion was approved unanimously by
voice vote, 5-0.
c. UPDATE ON BROADWAY COMMERCIAL AREA TRAFFIC, SAFETY SIGNAGE AND
PARKING IMPROVEMENTS
DPW Murtuza reviewed the staff report and addressed the key concerns that resulted from the neighborhood
meeting with the Broadway area residents and businesses.
Council discussion followed concerning signage for parking, street lighting, pedestrian safety, truck traffic
on Broadway, and cleaning of the sidewalks.
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Burlingame City Council April 6, 2015
Unapproved Minutes
Mayor Nagel opened the item for public comment and Burlingame business owner and President of the
Broadway Improvement District John Kevranian spoke and requested that the parking duration be noted on
the parking lot signs, and there be better signage on the 24 minute spots. Mr. Kevranian also asked for better
lighting.
DPW Murtuza advised that the parking signs are scheduled to be completed by the end of May and staff has
replaced all faded signs but the posting of the hours on the parking lot signs will not take place until later this
summer.
DPW Murtuza said the LED lights were installed in 2012, when grant funding paid for implementing better
lamp technology on Broadway and Burlingame Avenue, which satisfies the requirements for adequate street
lighting. Mr. Murtuza said the sidewalks are power washed once a month and that is the best method since
they are concrete.
Mr. Murtuza said The Police Department has stepped up their presence in the area and the City will install a
new crosswalk lighting system by the end of June that will increase pedestrian safety. DPW Murtuza said
staff is not recommending eliminating truck traffic on Broadway at this time.
The Council thanked City staff for all their efforts and was very appreciative of the progress that has been
made to improve the Broadway area.
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
Mayor Nagel requested a report on what water conservation measures the City would be imposing.
13. ACKNOWLEDGMENTS
There were no reports to acknowledge.
14. ADJOURNMENT
Mayor Nagel adjourned the meeting at 9:35 p.m. in memory of Burlingame resident and long-time City
Commissioner Jeffery Griffith.
Respectfully submitted,
Mary Ellen Kearney
City Clerk
Burlingame City Council April 6, 2015
Unapproved Minutes
BURL,INGAME STAFF REPORT
To: Honorable Mayor and City Council
Date: April 20, 2015
From: Eric Wollman, Police Chief— (650) 777-4123
Subject: Adoption of a
Agreement with
Services
AGENDA NO: 8b
MEETING DATE: April 20, 2015
Resolution Authorizing the City Manager to Amend the
All City Management Services (ACMS) for Crossing Guard
Staff recommends that the City Council adopt the attached resolution authorizing the City
Manager to amend the agreement with All City Management Services to provide crossing guard
services to local schools for the 2015-16 fiscal year at a cost of $110,039.
BACKGROUND
The City of Burlingame has contracted with All City Management Services since 1996 to provide
crossing guard services at local schools. The annual cost of the service has always been under
$100,000. The FY 2014-15 costs were $84,766.
DISCUSSION
In 2014 and 2015, two additional crossings were added to the scope of this agreement per the
City Council's request (Cortez Ave at Hillside Drive and Rosedale Ave/Ray Drive at EI Camino
Real). In addition, All City Management Services has raised their hourly rate of pay for crossing
guards from $15.91 an hour to $17.10 an hour. Based on the additional crossings and increase
in crossing guard wages, the FY 2015-16 quote from All City Management Services to provide
crossing guard services is $110,039.
FISCAL IMPACT
The total cost to the City for FY 2015-16 is approximately $100,000 for Fiscal Year 2015-16. The
Burlingame School District and Our Lady of Angels pay the remainder of the contract cost.
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME
AUTHORIZING THE CITY MANAGER TO AMEND THE CONTRACT
WITH ALL CITY MANAGEMENT SERVICES (ACMS) FOR CROSSING GUARD
SERVICES FOR FISCAL YEAR 2015-16
WHEREAS, the City Council has previously emphasized the desire to ensure the safety
of Burlingame students through the partial funding of crossing guard services at local schools;
and
WHEREAS, All City Management Services (ACMS) is the current provider of such
services; and
WHEREAS, the City has recently increased the number of hours needed to ensure
these services are provided at additional crossings near certain schools; and
WHEREAS, the hourly rate of pay for the crossing guards has increased from $15.91 an
hour in previous years to $17.10 an hour as of July 1, 2015; and
WHEREAS, all other terms and conditions of the original Agreement and Amendments
to the existing agreement with All City Management Services entered into on August 1, 1996
remain the same.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BURLINGAME DOES
HEREBY RESOLVE AND ORDER AS FOLLOWS:
The City Manager is hereby authorized to execute an amendment to the agreement with
All City Management Services, which provides for a cost of $110,039, for crossing guard
services for the 2015-16 fiscal year.
Terry Nagel, Mayor
I, Mary Ellen Kearney, City Clerk of the City of Burlingame, do hereby certify that the
foregoing Resolution was introduced at a regular meeting of the Burlingame City Council held
on the 20th day of April, 2015, and was adopted thereafter by the following vote:
AYES:
Councilmembers:
NOES:
Councilmembers:
ABSENT:
Councilmembers:
Mary Ellen Kearney, City Clerk
n
STAFF REPORT AGENDA No: 8c
MEETING DATE: April 20, 2015
To: Honorable Mayor and City Council
Date: April 20, 2015
From: Margaret Glomstad, Parks and Recreation Director— (650) 558-7307
Subject: Approval of a Field Subletting Penalty
RECOMMENDATION
Staff recommends that the City Council approve an administrative field subletting penalty for user
organizations that violate the City's prohibition on subletting of City fields.
In February 2015, the Parks and Recreation Commission began reviewing revisions to the Field
Use Policy. One of the revisions was necessitated by the practice of some user organizations
subletting their allocated field time either to other organizations or to players who are not
accounted for as part of that user organization. (Subletting in this context is defined as "any
organization found to be transferring, giving away, sharing and/or reserving field space for
another organization without written approval/permission from the Parks and Recreation staff.")
Subletting creates several problems for the City and the Burlingame School District (BSD). The
Parks and Recreation Department schedules all City fields (and BSD fields on behalf of the
District), and field space is allocated based on the percentage of residents within an organization.
When organizations sublet the fields, the Parks and Recreation Department doesn't know who is
on the fields and covered by insurance, the City and BSD may not receive their appropriate fees,
which are used to maintain the fields; and subletting circumvents the fair and equitable process of
ensuring that all validated user groups get the time needed on the fields for their organization.
The problem with user organizations subletting the City's fields was noticed by staff as well as
brought to the attention of staff by some user groups. The existing Field Use Policy provided
neither feasible direction nor penalties to curb this practice.
The Parks and Recreation Commission reviewed this matter at the February 19 and March 19
Commission meetings. After abundant discussions among staff, the user organizations, and the
Commission, a proposed solution was presented to the Commission. At the March 19, 2015
meeting, the Commission approved the following penalties for violations of the prohibition on
subletting:
1. First offense: a written warning and a hearing before the Commission.
2. Second offense: issuance of a $1,000 penalty, hearing before Commission and
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Field Subletting Penalty
April 20, 2095
probationary status of the organization.
3. Third offense: issuance of a $2,500 fee, hearing before Commission and loss of field
time for the upcoming season.
This policy will be added to the Field Use Group Application form that is completed by each user
organization.
Staff doesn't anticipate this will be a common occurrence since the awareness has been raised
among the user organizations through this process.
FISCAL IMPACT
The fiscal impact of this action is likely to be negligible.
Exhibits:
• Youth Field User Organization Validation Application Form
• Field Use Policy
2
City of Burlingame - Parks & Recreation
a
850 Burlingame Ave., Burlingame, CA 94010
phone: (650) 558-7300 • fax: (650) 696-7216
recreation(a,burlin ame.org
Youth Field User Organization Validation Application
"Youth Field User Organizations" (user organizations) and the scope of the support to be offered by the City are
defined in the Field Use Policy. Such support may be defined in allocation of field space, opportunities to conduct
tournaments or sell snacks, and use of indoor meeting space or other. The policy covers existing organizations as
well as programs that offer new opportunities for the community (including existing opportunities for a different
section of the community). Organizations offering programs competitive with City offerings may be prohibited.
Applications must be received by the Parks & Recreation Department at least three weeks prior to a Commission
meeting, generally held on the third Thursday of each month. Commission will review and discuss the information
at the meeting and hold a public hearing at the subsequent meeting, before validation is approved. User
organizations are required to attend the public hearing before the Parks & Recreation Commission.
The following Field User Organization Application checklist must be completely submitted to staff prior to being
placed on the Commission agenda.
Written organization rules and guidelines
Annual schedule including practices & games, tournament, and any special events
List of board members with contact information
Seasonal rosters of league participants showing residency status & age groups
Description of user organization's activities and how the field(s) will be utilized
Proof of Non-profit 501(c)3 status
Current certificate of insurance
Name of Organization
Contact Person
Alt. Phone
Field Use/Type of Sport
501(c)3 #
Cell Phone
# of Members in Organization # who live in Burlingame
Conditions of approval of validated User Organizations include:
1. Adherence to all provisions within the Field Use Policy, including the subletting penalty.
2. Work collaboratively with City staff and other user organizations to resolve issues and to fairly and
equitably assign field allocations.
3. Provide seasonal rosters of league participants that adequately verify residency numbers.
As the authorized representative of the organization, I have reviewed and agree that my organization will follow all
of the City of Burlingame Field Use Policies. I agree to communicate all of the policies to all the members of the
organization.
Signature of Organization Representative
Date
Violation of the Field Use Policies may result in validated user organization status being suspended or revoked.
Admin Use Only
Application Submittal Date Staff Reviewed Date
P & R Commission Meeting Approval Date
P
BURLINGAME The City of Burlingame Field Use Policy
Introduction
The City of Burlingame Parks and Recreation Department Field Use Policy has been established to
ensure city -owned, maintained and managed park and athletic field facilities, including the fields
owned by the Burlingame Elementary School District, are utilized to their maximum capacity for
recreational, athletic, cultural, educational, social and community service functions that meet the
needs and interests of the community, and that permitted users are fully informed as to the City's
guidelines that govern their use of the park and athletic field facilities to preserve the fields in a good
condition for all residents and future users.
It is the responsibility of each user organization to assist the City of Burlingame in the process
of ensuring fields are allocated in a fair and equitable manner. In order to do this, each user
organization needs to commit to the process and be flexible and able to modify their requests as
needed to maximize field usage.
Purpose
• To strive to provide all Burlingame residents with an opportunity to participate in their
activity of choice.
• To establish policies and procedures governing the use of city parks and fields and
Burlingame School District playing fields managed by the City of Burlingame.
• To ensure Burlingame residents have priority access to parks and playing fields.
• To provide for a variety of activities reflecting the athletic preferences of Burlingame
residents.
• To collect fees for the use of fields, in support of their ongoing maintance.
• To ensure that decisions regarding the use of City parks and athletic complexes and district
sites are used in the best interests of the neighborhoods, sports organizations and residents of
Burlingame.
• To ensure that appropriate sports are permitted on appropriate fields.
• To conduct an annual user group meeting to discuss all field issues. To be held in November
each year.
The Role of Parks and Recreation Department is to monitor the use of the fields and ensure that all
user organizations adhere to the requirements of the City of Burlingame. The city has the
need/responsibility to offer programs and realize revenues to offset administrative and parks
maintenance costs. The City reserves the right to alter and or expand its program offerings during the
year.
Seasonal Use Dates Defined
Fall: The first day of school (mid-August) through December 31
Winter/Spring: January 1 through the last day of school (mid-June)
Summer: Mid June through mid-August
1
Validated User Organization
1. User organizations, once validated by the Park and Recreation Commission, can request field
space for seasonal sports leagues and tournaments.
2. In order to be a validated user organization, the following criteria must be met:
a. Bea registered 501(c)3 non-profit organization.
b. Include a minimum of 30 Burlingame residents ("emerging" sports can petition the
Commission to be included in the allocation process).
c. Offer teams for a variety of age groups and open to all residents.
d. Complete a Youth Field User Organization Validation Application and approval from the
Parks and Recreation Commission. Organizations with more than 75% Burlingame residents
must apply every three years. Organizations with less than 75% Burlingame resident must
apply every year.
e. Have a governing board with at least 50% residents.
The Process
1. Field Use Allocation Forms will be available at the City Ree Department.
2. Forms are required to be submitted by the deadline as set by City staff for the upcoming season.
Proof of Insurance is required at this time.
3. Following the deadline, individual meetings will be set up with each organization's field
coordinator.
a. Failure to submit field request by deadline may lead to an organization not receiving field
time for the upcoming season.
4. Once all one-on-one meeting are completed, the City will conduct a joint user organization
meeting to discuss field allocation and issues common to the user organization.
5. Approximately one month after initial field allocation, youth use groups will have a follow up
meeting to present their detailed practice/game schedule so organization can work together to
maximize the use of all fields.
6. All user organizations will submit a detailed practice/game schedule, including team name, age
group and gender, to the parks and recreation department prior to start of practices to help staff
monitor the use of fields.
a. Any organization found to be reserving field use for any time period for another organization
that has not paid the proper fees will be penalized by the revocation of its permit for the
season for which the permit is issued.
b. If any organization or team transfers or sublets field space without informing City staff their
current permit maybe subject to cancellation or reduced.
7. Field Permits will be issued to each user organization with approved allocation times. Permits
will be on file in Parks and Recreation Department Office.
Allocation Priority
1. Burlingame Parks and Recreation Department
2. All programs and activities offered/sponsored by a school district that has a joint use agreement
with the City of Burlingame.
3. All validated user organizations with preference been given to in season sports as determined by
the City of Burlingame's prevailing practice.
a. Allocation will be based on the percentage of each organization's residents from the previous
year of the total residents applying for field use for the upcoming season.
4. Adult non-profit organizations.
5. For-profit groups or outside field rentals.
NOTE:
Due to initial field allocations taking place prior to organization's finalized overall participant
numbers, an organization's field allocation may be changed if their overall residency numbers
is significantly changed.
Residency
A resident shall be defined as anyone who has a permanent residential address within Burlingame.
Any person owning and paying taxes on real property in Burlingame, but who is not living in the
City, and any person having only a Burlingame business address are NOT considered a resident for
field use application purposes. Mercy High School is considered a resident non-profit organization.
The City may require identification or documentation of proof of residency (i.e. current PG&E or
home phone).
Fees 2014-2015
The fees and charges set forth here are not negotiable and set by City Council; City staff does
not have the authority to waive or reduce fees. All fees are approved through the City master
fee schedule annually.
As part of the youth non-profit allocation process all user groups are required to pay the per
player/per hour fee for all participants in their organization.
1. Burlingame Parks and Recreation Department
a. No Charge
2. All programs and activities offered/sponsored by a school district that has a joint use
agreement with the City of Burlingame.
a. No Charge
3. Validated user organizations who have 51% or more Burlingame Residents.
a. $16/player/season for residents; $85/player/season/nonresidents plus a $3.00 per hour
use of field time.
4. Validated user organizations who have fewer than 51% Burlingame Residents.
a. $16/player/season for residents; $85/player/season/nonresidents plus a $9.00 per hour
use of field time.
5. Outside field rentals.
a. Refer to Facility Rental Schedule
6. Deposits
a. A refundable deposit of $500.00 is required for all validated user organizations. The
deposit will remain with the City until the organization is no longer a part of the
Burlingame youth user organizations.
b. The City reserves the right to deduct from the deposit all additional charges relating to,
but not limited to, janitorial services, maintenance/repair services, staff time, or
emergency services that were required as a result of your use.
c. Refunds of deposit may be fully or partially withheld for any of the following reasons:
i. Damage to or misuse of the facility.
ii. Inadequate cleanup by organization, requiring additional staff time after your
use.
iii. If additional fees due exceed the amount of the deposit, organization will be
billed for the balance.
7. Other Fees and Penalties
a. The violation for subletting is as follows
1. ls` offense is a written warning and hearing before Commission.
2 tad offense is $1,000 fee, hearing before Commission and probationary
status of the organization.
3. 3'd offense is $2,500 fee, hearing before Commission and loss of field
time for the upcoming season.
Validated user organizations per player final numbers are due March 1" for the Spring Season and
October ls` for Fall Season. User organizations will be invoiced by the city after those final numbers
are submitted. User organizations per hour fees and lights fees will be invoiced monthly by city staff.
Two or More Equally Eligible Organizations Requesting the Same Field
In the event that two or more field requests with equivalent residency overlap, the organizations shall
first work together to resolve the issue through compromise. If the issue cannot be resolved by the
organizations, the City's Field Coordinator will use good judgment in determining the field allocation
for the season.
Additional Considerations
1. The City reserves the right to cancel an allocation to accommodate the needs of any City
sponsored/co-sponsored tournaments and/or special events.
2. All field users must have a copy of their Field Use Permit available for inspection.
3. Requests for additional use, programs or facilities not covered by the Field Use Policy should be
addressed in writing to the city.
Cancellation Policy
All permit cancellations or changes must be submitted in writing by the first of each month. Permit
modifications will only be accepted by the main or alternate contact listed on the application for Field
Use Policy. If you are not using time you have been allocated please inform the City Field Use
Coordinator so it can reallocated to other groups.
Insurance
General liability insurance coverage, in the amount of $2 million that covers the participant, must be
acquired in order to receive a permit. The City of Burlingame requires all certificates of insurance to
be submitted on a standard ACORD form, or on the insurance company's letterhead. The City of
Burlingame must be listed as the certificate holder as well as an additional insured with respects to
General Liability. An endorsement naming the "City of Burlingame", its officials, agents, employees
and volunteers must accompany the certificate of insurance.
If an organization is using any school district facility they must also be listed as additional insured
with respects to General Liability.
Field Use Guidelines
The City Field Use Coordinator will use the following guidelines and field density matrix (Appendix
B) to ensure that the available fields are used to their maximum capacity without causing overuse in
order to guarantee good field quality and safe conditions.
0
Field Status Line
The City reserves the right to close any field for safety reasons. Factors such as the moisture content
of soil, potential for inclement weather, safe use and avoidance of injuries, as well as damage to the
field if played upon are all taken into consideration in determining the status of play. In the event of
such a closure the department will update the Field Condition Hotline at 650.558-7319. This line is
updated daily after 2:OOpm for the current field conditions. There is no charge to the permitted
organizations if the City closes fields for safety concerns.
Field Closure
An annual rest and renovation period is scheduled at all sites to maintain field sustainability. The City
makes every effort to accommodate organizations, however, the health and safety of the user and the
condition and playability of the fields takes precedence. During this time the City will work on park
improvements, including fertilizing, aerating, over seeding and general rest.
Any coach, team or league that uses a closed field may be subject to a reduction or cancellation of
their current permit.
Tournaments
Applicants must complete a tournament request form for all tournaments. These applications must be
completed and submitted with your season field request. Cancellation of a tournament request can be
subject to fees if City is given less than 30 days notice. Final tournament schedules are due two
weeks before the tournament.
Youth
Baseball/
Youth
Baseball/
Youth
Youth
Youth
Youth
Adult
Adult
Softball
Softball
Soccer
Soccer
Lacrosse
Lacrosse
Soccer
Soccer
Practice
Game
practice
Game
Practice
Game
Game
Practice
Bayside Fields
1125 Airport Blvd
Diamond 41 & #2
X
X
X
X
X
Diamond #3, #4 & #5
X
X
Diamond #3 & #4
X
X
X
X
X
X
Murray Field
250 Anza Blvd
X
X
X
X
X
X
Washington Park
850 Burlingame Ave
Main Diamond
X
X
X
X
Small Diamond
X
X
X
X
Franklin Field
X
X
X
X
X
X
2385 Trousdale Dr.
Osberg Field
X
X
X
X
X
X
1715 Quesada Way
Cuernavaca Park
X
X
X
X
3075 Hunt Alcazar
Ray Park
X
X
X
X
1525 Balboa Ave
Village Park
X
X
X
1535 California Dr.
Field Status Line
The City reserves the right to close any field for safety reasons. Factors such as the moisture content
of soil, potential for inclement weather, safe use and avoidance of injuries, as well as damage to the
field if played upon are all taken into consideration in determining the status of play. In the event of
such a closure the department will update the Field Condition Hotline at 650.558-7319. This line is
updated daily after 2:OOpm for the current field conditions. There is no charge to the permitted
organizations if the City closes fields for safety concerns.
Field Closure
An annual rest and renovation period is scheduled at all sites to maintain field sustainability. The City
makes every effort to accommodate organizations, however, the health and safety of the user and the
condition and playability of the fields takes precedence. During this time the City will work on park
improvements, including fertilizing, aerating, over seeding and general rest.
Any coach, team or league that uses a closed field may be subject to a reduction or cancellation of
their current permit.
Tournaments
Applicants must complete a tournament request form for all tournaments. These applications must be
completed and submitted with your season field request. Cancellation of a tournament request can be
subject to fees if City is given less than 30 days notice. Final tournament schedules are due two
weeks before the tournament.
Field Rules & Regulations
1. No two non-resident teams may use Burlingame fields during league season without prior
approval of the Parks and Recreation Department.
2. Park hours are from sunrise to one-half hour after sunset. Lighted fields are until 10:30pm. No
person shall remain in a City park during non-operating hours. This schedule also applies to
any/all school fields allocated by the city.
3. The City of Burlingame has an agreement with the Burlingame Elementary School District which
allows the city to schedules all athletic events on Franklin and Osberg. These turf fields have
specific rules that must be followed at all times. The rules are posted at the end of this document
as Attachment A.
4. Games and practices are not to start before 8:OOam or extend past 10:30pm (unless otherwise
stated). Organizations are responsible for making necessary changes/alterations to their rules and
regulations regarding game times to reflect park/school hours.
5. It is the responsibility of the organization's president and the individual in charge of the permit to
enforce the rules and regulations regarding the conduct of the group while on permitted facilities.
They are also responsible for ensuring that coaches receive and understand that a permit must be
on site during field use.
6. Fields must not be used when wet; permits are invalid on rainy days or after the ground is
considered too saturated for play. In the event of closure, the Department will attempt to contact
each user organizations and will post a notice on the Field Condition Line: 650-558-7319.
7. Practices and games must be suspended in the event of thunder and/or lightning is observed or
heard.
8. No alcoholic beverages are allowed; violation will result in forfeiture of the permit and no fees
will be returned.
9. No smoking is allowed any City parks.
10. No organization shall enter an area posted as "closed to the public" or "field closed". No persons
shall remove or alter such postings.
11. Selling food or other items is not allowed without City approval and must be noted on the permit.
If approved by the City to sell food through a concession stand an organization must have a valid
health permit for the County of San Mateo. For more information on food service requirements
please contact the San Mateo County Health Department at 650-372-6200.
12. No organization or individual is permitted to alter a field in any way (i.e. remove or change
pitching rubbers, bases, fences, goals, etc.) without approval from the City of Burlingame Parks
and Recreation Department.
13. No group or individual is permitted to maintain a storage unit (or similar object) on or around a
field without prior approval from the City.
Subletting
Subletting is any organization found to be transferring, giving away, sharing or reserving field space
for another organization without written approval/permission from the parks and recreation staff. If
an organization no longer needs time that is allocated to them, City staff needs to be informed so the
time can be reallocated to another organization or for rental.
Restrooms
Some public parks have public restrooms which may be utilized. If a user organization chooses to use
portable restrooms, arrangements must be made with the City or School District. User organizations
must contact the City of Burlingame at least one week prior to the event for location approval. In
addition, user organizations must arrange for and pay all fees directly with the restroom vendor.
Soccer Goal Policv
To prevent soccer goals from overturning and causing serious injury the City of Burlingame requires
that all soccer goals on natural grass fields must be firmly secured to the ground during a practice or
game. Goals at Franklin and Osberg must be anchored to the turf using sandbags provided by the
district. At the end of youth sports event all goals must be put away and locked to the appropriate
fence. All goals will be locked by combination lock or issued department keys. Failure to secure
goals to their appropriate area can result in the loss of field space for an organization and loss of the
organization's deposit.
Vehicular Access
Motorized vehicles on park property, lawns, turf, restricted roadway, bicycle/pedestrian pathway or
athletic fields are prohibited. Roadways and parking areas are clearly marked and established.
Driving beyond the designated boundaries to load and unload equipment or transport goods is
prohibited. Vehicles will be ticketed and towed at the owner's expense. Golf Carts, scooters, and
Cushman's are allowed on the field and pathways only when the fields are open.
Good Neighbor Policy
The Purpose of this policy is to ensure that decisions regarding the use of City fields, parks and
athletics complexes and District sites are used in the best interests of the neighborhoods, sports
organizations and citizens of Burlingame. The City has established the following rules and
regulations to govern the use of the City's and the District facilities for the safe and pleasant
enjoyment of participants and neighbors. Every person is expected to abide by these rules or be
subject to forfeiture of the privilege of future use of the facilities and/or a fine.
1. All litter and debris that may occur as a result if your event must be picked up and deposited into
trash receptacles, where provided, or removed from the premises.
2. All organizations are responsible for the condition in which they leave the facility. Any excessive
clean-up required by the City or District crews following your use will be cause for forfeiture of
field allocation and/or a fine.
3. No amplified music, use of musical instruments, radios, or Public Address system testing or use
allowed before 9:OOam or after 8:OOpm and is allowed by permit only.
4. Complaints from surrounding neighborhood residents as to noise level, litter and debris, and
disregard for use of parking regulations could result in cancellation of your field permit and
possible denial of future facility requests.
5. No person shall park a motor vehicle in such a place or manner as would block or obstruct
any gate, entrance or exit or resident driveway.
Appeals Process
The Parks and Recreation Department staff will make interpretation of the language in the Field Use
Policy. In the case of a dispute over the meaning, interpretation or intent of any portion of this Field
Use Policy, user organizations may appeal in writing the decisions of the Parks and Recreation
Department to the Parks and Recreation Commission.
7
BURL- iN�nme AGENDA N0: 8d
STAFF REPORT
MEETING DATE: April 20, 2015
To: Honorable Mayor and City Council
Date: April 20, 2015
From: Syed Murtuza, Director of Public Works — (650) 558-7230
Subject: Adoption of a Resolution Abandoning an Existing Sanitary Sewer
Easement, Accepting a New Sanitary Sewer Easement and Approving an
Emergencv Access Easement at 2202 Summit Drive
Staff recommends that the City Council adopt the attached resolution abandoning an existing
sanitary sewer easement, accepting a new sanitary sewer easement and approving an
emergency access easement at 2202 Summit Drive.
On August 18, 2014, City Council approved the Final Parcel Map for a lot split at 2202 Summit
Drive. The existing sanitary sewer easement and emergency access easement were noted in the
map as part of the approval but were not dedicated. During the property survey, the existing
sanitary sewer pipeline was found to be outside of the previously dedicated sanitary sewer
easement. The project proposes to abandon the existing sanitary sewer easement and proposes
a new easement such that the existing sewer line is located within the new sanitary sewer
easement. In addition to realigning the sewer easement, the newly created subdivision will need
to provide necessary emergency vehicular access on the new parcel in order to provide
ingress/egress to the existing parcel in the rear. Staff has reviewed the plats and legal
descriptions for the easements, and recommends acceptance of the sanitary sewer easement
and approval of the emergency access easement.
Exhibits:
• Resolution
• Plats and Legal Descriptions for Easements
1
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME
ABANDONING AN EXISTING SANITARY SEWER EASEMENT, ACCEPTING A NEW
SANITARY SEWER EASEMENT AND APPROVING AN EMERGENCY ACCESS
EASEMENT AT 2202 SUMMIT DRIVE
The City Council of the City of Burlingame does resolve as follows:
WHEREAS, on August 18, 2014, the final parcel map for a lot split was approved by the
City Council; and
WHEREAS, the existing sanitary sewer pipeline was found to be located outside of the
previously dedicated sanitary sewer easement; and
WHEREAS, the project proposes to abandon the existing sanitary sewer easement, and
dedicate a new sanitary sewer easement such that the existing sewer line will be located within
the newly dedicated easement; and
WHEREAS, emergency vehicular access to the existing parcel in the rear is provided
with the dedication of the new emergency access easement.
NOW, THEREFORE BE IT RESOLVED, DETERMINED AND ORDERED BY THE
COUNCIL, AS FOLLOWS:
1. The City Council hereby accepts the newly dedicated sanitary sewer easement
as shown on the approved map at 2202 Summit Drive and abandons the previously dedicated
sanitary sewer easement.
2. The City Council hereby approves the emergency access easement in the newly
created parcel at 2202 Summit Drive.
Mayor
I, MARY ELLEN KEARNEY, 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
201" day of April, 2015, and was adopted thereafter by the following vote:
AYES:
Councilmembers:
NOES:
Councilmembers:
ABSENT:
Councilmembers:
Mary Ellen Kearney, City Clerk
EXHIBIT A
SANITARY SEWER EASEMENT
A 10.00 foot wide strip of land through the lands of Fanning & Gillis as described in Exhibit C in
the Lot Line Adjustment recorded November 12, 2014 as document number 2104-103601 in
Official Records of the County of San Mateo, State of California, the centerline of which strip is
more particularly described as follows:
Commencing at a point in the northeasterly line of the above said lands, also being the
southwesterly lite of Summit Drive, said point being at the southeasterly terminus of the course
designated "S 69°35'57" E, 53.78 feet" in the above said Exhibit C; thence, along said
southwesterly line of Summit Drive, southeasterly on the are of a curve to the right, tangent to
the last said course, having a radius of 236.20 feet, a central angle of 12°20'00", and length of
50.84 feet to the POINT OF BEGINNING; thence, leaving said line of Summit Drive, South
73°48'27" West, 271.36 feet; thence South 33030126" West, 311.80 feet; thence South
56°40'28" West, 177.34 feet to the terminal point of this centerline description, said terminal
point being the same as an angle point in the centerline of an existing 10 foot wide sewer
easement shown on that certain map filed November 30, 1967, in Volume 4 of Parcel Maps at
Page 7, records of San Mateo County, said angle point being at the southeasterly terminus of the
course designated "S 49°01'20" E' 81.13 feet" on said Parcel Map.
n-.NW4895-Msurveylsanhary sewer easement.docx
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INC. 901 WALTERMIRE
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CITY:
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COUNTY: SAN
MATEO COUNTY CALIFORNIA
SCALE:
1" =
80
DATE: 4/1/15
2202 SUMMIT DRIVE
I JOB
N0, 4895-04
DWG N0. 4895-EX-B-SEWER&EASEMENT
EXHIBIT A
EMERGENCY VEHICLE ACCESS EASEMENT
A portion of the lands of Fanning & Gillis as described in Exhibit C in the Lot Line Adjustment
recorded November 12, 2014 as document number 2104-103601 in Official Records of the
County of San Mateo, State of California, said portion being more particularly described as
follows;
Commencing at a point in the northeasterly line of the above said lands, also being the
southwesterly line of Summit Drive, said point being at the southeasterly terminus of the course
designated "S 69°35'57" E, 53.78 feet" in the above said Exhibit C; thence, along said
southwesterly line of Summit Drive, southeasterly on the are of a curve to the right, tangent to
the last said course, having a radius of 236.20 feet, a central angle of 01'30'32", and length of
6.22 feet to the POINT OF BEGINNING; thence, leaving said line of Summit Drive, South
4503311311 West, 70.69 feet; thence South 61141'55" West, 34.70 feet; thence North 42°37'40"
East, 50.53 feet; thence North 58°24'53" East, 54.94 feet to the Point of Beginning.
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SURVEYING,
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901 WALTERMIRE
ST,. BELMONT, CA 94002 (650) 637-1590
CITY:
BURLINGAME
COUNTY: SAN
MATEO COUNTY CALIFORNIA
SCALE:
i" =
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DATE: 4/1/15
2202
SUMMIT DRIVE
JOB
NO. 4895-04
DWG NO. 4895-EX-B-SEWER&EASEMENT
STAFF REPORT AGENDA NO: Be
a MEETING DATE:
To: Honorable Mayor and City Council
Date: April 20, 2015
From: Carol Augustine, Finance Director— (650) 558-7222
April 20, 2015
Subject: Agreement with Turbo Data Systems, Inc. for Parking Citation Processing
and Adjudication Services
Staff recommends that the City Council adopt a resolution authorizing the City Manager to
execute an agreement with Turbo Data Systems, Inc. for the City of Burlingame's parking citation
processing and adjudication services for a five (5) year term expiring June 30, 2020.
In the late 1990's, State law decriminalized parking citations, and shortly thereafter the Superior
Court transferred the responsibility for parking citation processing and collection to local
agencies. Rather than form a joint powers agency, San Mateo County and various cities and
other agencies within the county determined that it would be most efficient to issue a combined
request for proposal (RFP), with the successful vendor entering into individual contracts with each
participating agency. By combining the volume of all ticketing agencies and leveraging
economies of scale, all participating agencies would receive the best processing rates and the
highest levels of service. In 1999, the RFP was issued, and Turbo Data Systems, Inc. was
selected. A subsequent RFP was issued in 2006, and Turbo Data was again the vendor of
choice. The City of Daly City was the lead agency for both RFP processes.
One year ago, it was determined by the San Mateo County agencies that an RFP process should
be performed to ensure competitive pricing and best in industry standards. The County was
selected as the lead agency and hired a consultant to assist in drafting the RFP and evaluating
the responses. All of the agencies, including the City of Burlingame, submitted letters of
commitment to the RFP process, including agreement to reimburse the County for the
consultant's time based on their proportionate share of parking citation volume, provide statistical
data where requested to facilitate RFP development, and execute a one-year contract extension
with Turbo Data in order to allow adequate time to complete the RFP process. The RFP was
issued on October 8, 2014 and advertised on the County's Procurement Website. Seven vendors
expressed interest and ultimately six submitted proposals. A subcommittee with representatives
from the County and the cities of Belmont, Burlingame, Daly City, San Mateo and South San
Francisco was formed to vet the proposals and interview the finalists. The proposals were graded
1
Turbo Data Systems Agreement
April 20, 2015
on five criteria: 1) qualifications and experience, 2) proposed approach, 3) customer service, 4)
thoroughness, and 5) pricing. In addition, all vendors had to demonstrate that they had no
outstanding claims or violations, they were financially sound, and they comply with the County's
contractual requirements. Based on these criteria, the sub -committee advanced three vendors to
the interview process: Data Ticket, Inc., Duncan Solutions, and Turbo Data.
Following the interview process and reference checks, the subcommittee determined that Turbo
Data remained the best option for the County agencies. The subcommittee felt that the online
services, reports and customer service provided by all three vendors were comparable. The
subcommittee rated Turbo Data and Duncan Solutions as the strongest with regard to the
handheld ticket writers, which was a major factor in the final determination by law enforcement. It
is expected that all agencies in the County will save significantly based on the new pricing. For
example, citation processing fees will be reduced from $1.28 to $0.50 per electronic citation,
while hand-written citations will decline from $1.35 to $0.80 each. Overall, agencies are expected
to realize sizable savings approaching 35-40% below current costs.
Services include citation processing and collection by mail, telephone or website; multiple
reminder notices; placing of DMV holds; appeals and administrative adjudication services; and
optional advanced collection efforts. In addition, agencies may opt to use the Turbo Data mobile
ticket writers for parking and moving citations.
The County, as lead agency, prepared a contract template that requires compliance with all
applicable county ordinances and administrative memoranda, including but not limited to
insurance, hold harmless, non-discrimination and equal benefits. The template was revised for
the City's use, with all provisions agreed to by Turbo Data. The City Attorney has reviewed and
approved the resolution and agreement as to form.
FISCAL IMPACT
Burlingame's share of the cost to manage the RFP process is $952.52. Costs for citation
processing are anticipated to decline by approximately 35-40 percent overall while maintaining
the same quality of service. Total fees paid to Turbo Data for citation processing and adjudication
services are expected to be approximately $85,000 for the current fiscal year. With no significant
change in levels of activity, it is anticipated that the City will save approximately $30,000 per year
under the new agreement. The contract term will be for five years, with no increase in fees during
that period other than direct pass-through of any postal rate increases.
Exhibits:
• Resolution
• Agreement Between the City of Burlingame and Turbo Data Systems, Inc.
VA
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME
AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT
WITH TURBO DATA SYSTEMS, INC. FOR PARKING CITATION
PROCESSING AND ADJUDICATION SERVICES FOR A FIVE (5) YEAR
TERM EXPIRING JUNE 30, 2020
WHEREAS, a countywide committee of involved local agencies issued a Request for
Proposals for parking citation processing services; and
WHEREAS, seven vendors expressed interest and ultimately six vendors responded;
and
WHEREAS, a subcommittee of representative local agencies thoroughly reviewed the
six proposals received and determined that Turbo Data Systems, Inc. would best serve the
needs of the local jurisdictions; and
WHEREAS, Turbo Data Systems, Inc (ACMS) is the current provider of such services;
to the City of Burlingame, and
WHEREAS, the terms and conditions of the Agreement with Turbo Data Systems, Inc.
provide for a continuation of these services for a five-year period, at advantageous pricing to the
City.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BURLINGAME DOES
HEREBY RESOLVE AND ORDER AS FOLLOWS:
The City Manager is hereby authorized to execute the agreement with Turbo Data
Systems, Inc, which provides for parking citation processing and adjudication services for a
period of five years, commencing July 1, 2015 until June 30, 2020.
Terry Nagel, Mayor
I, Mary Ellen Kearney, City Clerk of the City of Burlingame, do hereby certify that the
foregoing Resolution was introduced at a regular meeting of the Burlingame City Council held
on the 20th day of April, 2015, and was adopted thereafter by the following vote:
AYES:
Councilmembers:
NOES:
Councilmembers:
ABSENT:
Councilmembers:
Mary Ellen Kearney, City Clerk
AGREEMENT BETWEEN THE CITY OF BURLINGAME AND TURBO DATA
SYSTEMS, INC.
This Agreement is entered into this day of , 20, by and between the City of
Burlingame, a political subdivision of the state of California, hereinafter called "City" or "Customer," and
Turbo Data Systems, Inc., hereinafter called "Contractor."
Whereas, City may contract with independent contractors for the furnishing of specialized services to or
for City; and
Whereas, Contractor has been selected to provide parking citation and adjudication services for
jurisdictions within and including San Mateo County, thereby providing coordinated services at lower cost
than would be available through separately -negotiated agreements; and
Whereas, the City does not have existing resources to provide parking citation processing and
adjudication through its own personnel and it is therefore necessary and desirable that Contractor be
retained for the purpose of parking citation processing and adjudication services.
Now, therefore, it is agreed by the parties to this Agreement as follows:
1. Exhibits and Attachments
The following exhibits and attachments are attached to this Agreement and incorporated into this
Agreement by this reference:
Exhibit A—Services
Exhibit B—Payments and Rates
Attachment 1—§ 504 Compliance
2. Services to be performed by Contractor
In consideration of the payments set forth in this Agreement and in Exhibit B, Contractor shall perform
parking citation and adjudication services for City in accordance with the terms, conditions, and
specifications set forth in this Agreement and in Exhibit A.
3. Payments
In consideration of the services provided by Contractor in accordance with all terms, conditions, and
specifications set forth in this Agreement and in Exhibit A, City shall make payment to Contractor based
on the rates and in the manner specified in Exhibit B. City reserves the right to withhold payment if City
determines that the quantity or quality of the work performed is unacceptable. In no event shall City's
total fiscal obligation under this Agreement exceed FOUR HUNDRED FIFTY THOUSAND DOLLARS
($450,000). In the event that the City makes any advance payments, Contractor agrees to refund any
amounts in excess of the amount owed by the City at the time of contract termination or expiration.
4. Term
Subject to compliance with all terms and conditions, the term of this Agreement shall be from July 1, 2015
through June 30, 2020.
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5. Termination: Availability of Funds
This Agreement may be terminated by Contractor or by the City, acting through its City Manager, Police
Chief, or the Police Chief's designee at any time without a requirement of good cause upon thirty (30)
days' advance written notice to the other party. Subject to availability of funding, Contractor shall be
entitled to receive payment for work/services provided prior to termination of the Agreement. Such
payment shall be that prorated portion of the full payment determined by comparing the work/services
actually completed to the work/services required by the Agreement.
City may terminate this Agreement or a portion of the services referenced in the Attachments and Exhibits
based upon the unavailability of Federal, State, or City funds by providing written notice to Contractor as
soon as is reasonably possible after City learns of said unavailability of funding.
6. Contract Materials
At the end of this Agreement, or in the event of termination, all finished or unfinished documents, data,
studies, maps, photographs, reports, and other written materials (collectively referred to as "contract
materials") prepared by Contractor under this Agreement shall become the property of City and shall be
promptly delivered to City. Upon termination, Contractor may make and retain a copy of such contract
materials if permitted by law.
7. Relationship of Parties
Contractor agrees and understands that the work/services performed under this Agreement are
performed as an independent contractor and not as an employee of City and that neither Contractor nor
its employees acquire any of the rights, privileges, powers, or advantages of City employees.
8. Hold Harmless
a. General Hold Harmless
Contractor shall indemnify and save harmless City and its officers, agents, employees, and servants from
all claims, suits, or actions of every name, kind, and description resulting from this Agreement, the
performance of any work or services required of Contractor under this Agreement, or payments made
pursuant to this Agreement brought for, or on account of, any of the following:
(A) injuries to or death of any person, including Contractor or its employees/officers/agents;
(B) damage to any property arising out of the acts or omissions or property damage by the
contractor, its agents, employees, or subcontractors;
(C) any sanctions, penalties, or claims of damages resulting from Contractor's failure to comply, if
applicable, with the requirements set forth in the Health Insurance Portability and Accountability
Act of 1996 (HIPAA) and all Federal regulations promulgated thereunder, as amended; or
(D) any other loss or cost, including but not limited to that caused by the concurrent active or
passive negligence of City and/or its officers, agents, employees, or servants. However,
Contractor's duty to indemnify and save harmless under this Section shall not apply to injuries or
damage for which City has been found in a court of competent jurisdiction to be solely liable by
reason of its own negligence or willful misconduct.
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The duty of Contractor to indemnify and save harmless as set forth by this Section shall include the duty
to defend as set forth in Section 2778 of the California Civil Code.
b. Intellectual Prooertv Indemnification
Contractor hereby certifies that it owns, controls, or licenses and retains all right, title, and interest in and
to any intellectual property it uses in relation to this Agreement, including the design, look, feel, features,
source code, content, and other technology relating to any part of the services it provides under this
Agreement and including all related patents, inventions, trademarks, and copyrights, all applications
therefor, and all trade names, service marks, know how, and trade secrets (collectively referred to as 1P
Rights') except as otherwise noted by this Agreement. Contractor warrants that the services it provides
under this Agreement do not infringe, violate, trespass, or constitute the unauthorized use or
misappropriation of any IP Rights of any third party. Contractor shall defend, indemnify, and hold
harmless City from and against all liabilities, costs, damages, losses, and expenses (including reasonable
attorney fees) arising out of or related to any claim by a third party that the services provided under this
Agreement infringe or violate any third -party's IP Rights provided any such right is enforceable in the
United States. Contractor's duty to defend, indemnify, and hold harmless under this Section applies only
provided that: (a) City notifies Contractor promptly in writing of any notice of any such third -party claim;
(b) City cooperates with Contractor, at Contractor's expense, in all reasonable respects in connection with
the investigation and defense of any such third -party claim; (c) Contractor retains sole control of the
defense of any action on any such claim and all negotiations for its settlement or compromise (provided
Contractor shall not have the right to settle any criminal action, suit, or proceeding without City's prior
written consent, not to be unreasonably withheld, and provided further that any settlement permitted
under this Section shall not impose any financial or other obligation on City, impair any right of City, or
contain any stipulation, admission, or acknowledgement of wrongdoing on the part of City without City's
prior written consent, not to be unreasonably withheld); and (d) should services under this Agreement
become, or in Contractor's opinion be likely to become, the subject of such a claim, or in the event such a
third party claim or threatened claim causes City's reasonable use of the services under this Agreement
to be seriously endangered or disrupted, Contractor shall, at Contractor's option and expense, either: (i)
procure for City the right to continue using the services without infringement or (ii) replace or modify the
services so that they become non -infringing but remain functionally equivalent.
Notwithstanding anything in this Section to the contrary, Contractor will have no obligation or liability to
City under this Section to the extent any otherwise covered claim is based upon: (a) any aspects of the
services under this Agreement which have been modified by or for City (other than modification
performed by, or at the direction of, Contractor) in such a way as to cause the alleged infringement at
issue; and/or (b) any aspects of the services under this Agreement which have been used by City in a
manner prohibited by this Agreement.
The duty of Contractor to indemnify and save harmless as set forth by this Section shall include the duty
to defend as set forth in Section 2778 of the California Civil Code.
9. Assignability and Subcontractin
Contractor shall not assign this Agreement or any portion of it to a third party or subcontract with a third
party to provide services required by Contractor under this Agreement without the prior written consent of
City. Any such assignment or subcontract without City's prior written consent shall give City the right to
automatically and immediately terminate this Agreement without penalty or advance notice.
Page 3
10. Payment of Permits/Licenses
Contractor bears responsibility to obtain any license, permit, or approval required from any agency for
work/services to be performed under this Agreement at Contractor's own expense prior to
commencement of said work/services. Failure to do so will result in forfeit of any right to compensation
under this Agreement.
11. Insurance
a. General Requirements
Contractor shall not commence work under this Agreement unless and until all insurance required under
this Section has been obtained and such insurance has been approved by the City Attorney of the City of
Burlingame, and Contractor shall use diligence to obtain such insurance and to obtain such approval.
Contractor shall furnish City with certificates of insurance and endorsements evidencing the required
coverage, and there shall be a specific contractual liability endorsement extending Contractor's coverage
to include the contractual liability assumed by Contractor pursuant to this Agreement. These certificates
shall specify or be endorsed to provide that thirty (30) days' notice must be given, in writing, to City of any
pending change in the limits of liability or of any cancellation or modification of the policy.
b. Workers' Compensation and Employer's Liability Insurance
Contractor shall have in effect during the entire term of this Agreement workers' compensation and
employer's liability insurance providing full statutory coverage. In signing this Agreement, Contractor
certifies, as required by Section 1861 of the California Labor Code, that (a) it is aware of the provisions of
Section 3700 of the California Labor Code, which require every employer to be insured against liability for
workers' compensation or to undertake self-insurance in accordance with the provisions of the Labor
Code, and (b) it will comply with such provisions before commencing the performance of work under this
Agreement.
c. Liability Insurance
Contractor shall take out and maintain during the term of this Agreement such bodily injury liability and
property damage liability insurance as shall protect Contractor and all of its employees/officers/agents
while performing work covered by this Agreement from any and all claims for damages for bodily injury,
including accidental death, as well as any and all claims for property damage which may arise from
Contractor's operations under this Agreement, whether such operations be by Contractor, any
subcontractor, anyone directly or indirectly employed by either of them, or an agent of either of them.
Such insurance shall be combined single limit bodily injury and property damage for each occurrence and
shall not be less than the amounts specified below:
X Comprehensive General Liability... $1,000,000
(Applies to all agreements)
® Motor Vehicle Liability Insurance... $1,000,000
(To be checked if motor vehicle used in performing services)
® Professional Liability ................... $1,000,000
(To be checked if Contractor is a licensed professional)
Page 4
City and its officers, agents, employees, and servants shall be named as additional insured on any such
policies of insurance, which shall also contain a provision that (a) the insurance afforded thereby to City
and its officers, agents, employees, and servants shall be primary insurance to the full limits of liability of
the policy, including if such limits are greater than the minimums specified here and (b) if the City or its
officers, agents, employees, and servants have other insurance against the loss covered by such a
policy, such other insurance shall be excess insurance only.
In the event of the breach of any provision of this Section, or in the event any notice is received which
indicates any required insurance coverage will be diminished or canceled, City, at its option, may,
notwithstanding any other provision of this Agreement to the contrary, immediately declare a material
breach of this Agreement and suspend all further work and payment pursuant to this Agreement.
12. Compliance With Laws
All services to be performed by Contractor pursuant to this Agreement shall be performed in accordance
with all applicable Federal, State, County, and municipal laws, ordinances, and regulations, including but
not limited to the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the Federal
Regulations promulgated thereunder, as amended (if applicable), the Business Associate requirements
set forth in Attachment H (if attached), the Americans with Disabilities Act of 1990, as amended, and
Section 504 of the Rehabilitation Act of 1973, which prohibits discrimination on the basis of disability in
programs and activities receiving any Federal or County financial assistance. Such services shall also be
performed in accordance with all applicable ordinances and regulations, including but not limited to
appropriate licensure, certification regulations, provisions pertaining to confidentiality of records, and
applicable quality assurance regulations. In the event of a conflict between the terms of this Agreement
and any applicable State, Federal, County, or municipal law or regulation, the requirements of the
applicable law or regulation will take precedence over the requirements set forth in this Agreement.
Contractor will timely and accurately complete, sign, and submit all necessary documentation of
compliance.
13. Non -Discrimination and Other Requirements
a. General Non-discrimination
No person shall be denied any services provided pursuant to this Agreement (except as limited by the
scope of services) on the grounds of race, color, national origin, ancestry, age, disability (physical or
mental), sex, sexual orientation, gender identity, marital or domestic partner status, religion, political
beliefs or affiliation, familial or parental status (including pregnancy), medical condition, military service, or
genetic information.
b. Equal Employment Opportunity
Contractor shall ensure equal employment opportunity based on objective standards of recruitment,
classification, selection, promotion, compensation, performance evaluation, and management relations
for all employees under this Agreement. Contractor's equal employment policies shall be made available
to City upon request.
c. Section 504 of the Rehabilitation Act of 1973
Contractor shall comply with Section 504 of the Rehabilitation Act of 1973, as amended, which provides
that no otherwise qualified individual with a disability shall, solely by reason of a disability, be excluded
Page 5
from the participation in, be denied the benefits of, or be subjected to discrimination in the performance of
any services this Agreement. This Section applies only to contractors who are providing services to
members of the public under this Agreement.
d. Compliance with San Mateo County's Equal Benefits Ordinance
With respect to the provision of benefits to its employees, Contractor shall comply with Chapter 2.84 of
the County Ordinance Code, which prohibits contractors from discriminating in the provision of employee
benefits between an employee with a domestic partner and an employee with a spouse. In order to meet
the requirements of Chapter 2.84, Contractor must certify which of the following statements is/are
accurate:
M Contractor complies with Chapter 2.84 by offering the same benefits to its employees with spouses
and its employees with domestic partners.
❑ Contractor complies with Chapter 2.84 by offering, in the case where the same benefits are not
offered to its employees with spouses and its employees with domestic partners, a cash payment to
an employee with a domestic partner that is equal to Contractor's cost of providing the benefit to an
employee with a spouse.
❑ Contractor is exempt from having to comply with Chapter 2.84 because it has no employees or does
not provide benefits to employees' spouses.
❑ Contractor does not comply with Chapter 2.84, and a waiver must be sought.
e. Discrimination Against Individuals with Disabilities
The nondiscrimination requirements of 41 C.F.R. 60-741.5(a) are incorporated into this Agreement as if
fully set forth here, and Contractor and any subcontractor shall abide by the requirements of 41 C.F.R.
60-741.5(a). This regulation prohibits discrimination against qualified individuals on the basis of disability
and requires affirmative action by covered prime contractors and subcontractors to employ and advance
in employment qualified individuals with disabilities.
f. History of Discrimination
Contractor must check one of the two following options, and by executing this Agreement, Contractor
certifies that the option selected is accurate:
® No finding of discrimination has been issued in the past 365 days against Contractor by the Equal
Employment Opportunity Commission, Fair Employment and Housing Commission, or any other
investigative entity.
❑ Finding(s) of discrimination have been issued against Contractor within the past 365 days by the
Equal Employment Opportunity Commission, Fair Employment and Housing Commission, or other
investigative entity. If this box is checked, Contractor shall provide City with a written explanation of
the outcome(s) or remedy for the discrimination.
g. Reporting: Violation of Non-discrimination Provisions
Contractor shall report to the City Manager the filing in any court or with any administrative agency of any
complaint or allegation of discrimination on any of the bases prohibited by this Section of the Agreement
Page 6
or Section 12, above. Such duty shall include reporting of the filing of any and all charges with the Equal
Employment Opportunity Commission, the Fair Employment and Housing Commission, or any other entity
charged with the investigation or adjudication of allegations covered by this subsection within 30 days of
such filing, provided that within such 30 days such entity has not notified Contractor that such charges are
dismissed or otherwise unfounded. Such notification shall include a general description of the
circumstances involved and a general description of the kind of discrimination alleged
Violation of the non-discrimination provisions of this Agreement shall be considered a breach of this
Agreement and subject the Contractor to penalties, to be determined by the City Manager, including but
not limited to the following:
i. termination of this Agreement;
ii. disqualification of the Contractor from being considered for or being awarded a City contract for a
period of up to 3 years;
ii. liquidated damages of $2,500 per violation; and/or
iv. imposition of other appropriate contractual and civil remedies and sanctions, as determined by
the City Manager.
To effectuate the provisions of this Section, the City Manager shall have the authority to offset all or any
portion of the amount described in this Section against amounts due to Contractor under this Agreement
or any other agreement between Contractor and City.
14. Retention of Records: Right to Monitor and Audit
(a) Contractor shall maintain all required records relating to services provided under this Agreement for
three (3) years after City makes final payment and all other pending matters are closed, and Contractor
shall be subject to the examination and/or audit by City, a Federal grantor agency, and the State of
California.
(b) Contractor shall comply with all program and fiscal reporting requirements set forth by applicable
Federal, State, and local agencies and as required by City.
(c) Contractor agrees upon reasonable notice to provide to City, to any Federal or State department
having monitoring or review authority, to City's authorized representative, and/or to any of their respective
audit agencies access to and the right to examine all records and documents necessary to determine
compliance with relevant Federal, State, and local statutes, rules, and regulations, to determine
compliance with this Agreement, and to evaluate the quality, appropriateness, and timeliness of services
performed.
15. Meraer Clause: Amendments
This Agreement, including the Exhibits and Attachments attached to this Agreement and incorporated by
reference, constitutes the sole Agreement of the parties to this Agreement and correctly states the rights,
duties, and obligations of each party as of this document's date. In the event that any term, condition,
provision, requirement, or specification set forth in the body of this Agreement conflicts with or is
inconsistent with any term, condition, provision, requirement, or specification in any Exhibit and/or
Attachment to this Agreement, the provisions of the body of the Agreement shall prevail. Any prior
agreement, promises, negotiations, or representations between the parties not expressly stated in this
document are not binding. All subsequent modifications or amendments shall be in writing and signed by
the parties.
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16. Controlling Law: Venue
The validity of this Agreement and of its terms, the rights and duties of the parties under this Agreement,
the interpretation of this Agreement, the performance of this Agreement, and any other dispute of any
nature arising out of this Agreement shall be governed by the laws of the State of California without
regard to its choice of law or conflict of law rules. Any dispute arising out of this Agreement shall be
venued either in the San Mateo City Superior Court or in the United States District Court for the Northern
District of California.
17. Notices
Any notice, request, demand, or other communication required or permitted under this Agreement shall
be deemed to be properly given when both: (1) transmitted via facsimile to the telephone number listed
below or transmitted via email to the email address listed below; and (2) sent to the physical address
listed below by either being deposited in the United States mail, postage prepaid, or deposited for
overnight delivery, charges prepaid, with an established overnight courier that provides a tracking number
showing confirmation of receipt.
In the case of City, to:
Namelritle: Carol Augustine, Finance Director
Address: 501 Primrose Road, Burlingame, CA 94010
Telephone: (650) 558-7222
Facsimile: (650)685-6138
Email: caugustine(dburlinoame.org
With copy to the City Manager, City of Burlingame.
In the case of Contractor, to:
Name/Title: Roberta Rosen, President
Address: 18302 Irvine Blvd, Ste. 200, Tustin, CA 92780-3464
Telephone: 714-573-5757
Facsimile: 714-573-0101
Email: Roberta@turbodata.com
Page 8
In witness of and in agreement with this Agreement's terms, the parties, by their duly authorized
representatives, affix their respective signatures:
CITY OF BURLINGAME
City Manager, City of Burlingame
Date:
Approved as to form:
in
City Attorney, City of Burlingame
ATTEST:
is
City Clerk
Turbo Data Systems, Inc.
Roberta Rosen, President, Turbo Data Systems, Inc.
Date:
Page 9
Exhibit A
In consideration of the payments set forth in Exhibit B, Contractor shall provide the following services:
Parking Citation Processing
A. Basic Processing — Contractor will enter manual citations and citation dispositions into Customer's
database within 2 business days. The basic service includes database maintenance, daily system
backups, toll-free phone number for the public, Interactive Voice Response System (IVRS) with
customized recorded information and citation lookup capability, pticket.com web -based Inquiry
System for the public with customized content, Contractor's Customer Service Representatives
(9:00 am — 5:00 pm, Monday through Friday, excluding holidays) to speak with the public regarding
parking citation issues, ongoing Client support, and documentation and training for use of the
Contractor -provided online system. Contractor will process correction notices and notify each
Customer of citations unable to be entered for any reason, (such as no violation code, unreadable
license, etc.).
B. Hand held Ticket writer Interface - Contractor will provide for automated import of electronic
citations into Customer's database. Batch files will be uploaded immediately upon file transfer.
Contractor will maintain and update the hot sheet or scofflaw files on a daily basis for Customer,
identifying vehicles which have accumulated five (5) or more outstanding citations in the combined
San Mateo City contract area to upload into their handheld ticket writers. Contractor will provide
electronic reports on a monthly basis. Contractor will work with Customer to implement any changes
required for handheld ticket writer equipment.
C. Customer Service and Toll -Free Telephone Number — Contractor will provide a toll-free automated
telephone number for inquiries and credit card payments. The toll-free telephone service will be
available a minimum of 20 hours per day, 7 days per week for the 50 United States and Canada, with
the exception of backup time sometime between the hours of midnight and 4:00 a.m. A customized
recorded voice response system in English and Spanish will be available to provide information for
each payor on how to pay and contest citations, registration violation information, and Customer
address information. The automated telephone system will be capable of receiving a minimum of
20,000 incoming calls per month. Downtime for required maintenance will be between midnight and
4:00 a.m. The automated voice response system will be capable of providing real-time data regarding
the citation issue date, amount due, delinquent date and total amount due for each license plate when
multiple citations are outstanding. The system will provide information about appealed citations and
the results of the appeal. Contractor Customer Service Representatives (CSRs) will be available
Monday through Friday, 9:00 a.m. to 5:00 p.m., excluding Customer recognized holidays. CSRs will be
available to provide instructions and information on general parking policies and procedures, and
administrative adjudication procedures for the Customer. At least one CSR will be available for
Spanish translation during regular business hours Monday through Friday. Calls will be answered in
six rings or less. In order to assist CSRs with non-English speakers, AT&T's Language Line will be
available at all times the CSRs are available and shall be employed to accomplish translations as
required. The telephone system will provide up-to-date information on the status of a citation with the
option to speak with a live representative during normal business hours. CSR's will provide customer
service for the public in resolving parking citation questions of a non judicial nature and research
Page 10
specific citation data when necessary. CSRs will be fully trained in all informational aspects of parking
citation processing and related information specific to the Customer.
D. System and Document Storage — Contractor will retain all citations paid or dismissed on the
computer system for 3 years and then removed. Unpaid citations will be retained on the computer
system for 5 years and then removed. Citation documents will be stored for 2 years from date of issue
and then returned to Customer or shredded. Payment documents will be stored for 2 years from the
date of payment and then returned to Customer or shredded.
E. Online Reporting — Contractor will provide regular daily, weekly and monthly reports in a format as
agreed upon. Additional reports will be provided at no additional cost for operating, production and
audit functions. Reports will be made available online via a secure web page and be available for
Customer access no later than the thirtieth (30th) day of the following month, except when February is
the following month, in which case this information will be available by the last day of February.
F. DMV Interface for Registered Owner Name Retrieval — Contractor will obtain names and addresses
of registered owners of cited vehicles from California DMV using online or manual access to registered
owner information from California DMV when necessary. Upon return of registered owner information
from DMV, Contractor will validate vehicle make. Contractor will also review DMV "No Hit' list to
ensure that license plate and state have been entered correctly.
G. Notice Processing — Contractor will print the required Notice and mail to each registered owner
whose name has been retrieved within 10 to 21 days after the citation has been issued. This includes
second notices mailed for bounced checks, partial payments, and name or address changes.
Contractor is required to send notices to lessees or renters of cited vehicles when provided with
proof of a written lease or rental agreement. All postage, notice forms and envelopes will be provided
by Contractor. All notices and letters will be formatted using custom #10 window envelopes with the
Customer's return address. The interior #9 return envelope will be customized with the Customer's
payment address. Drive Away Notices will be mailed by first class mail to registered owners of vehicles
that drive away from the officer at citation issuance time as required by the California Vehicle Code.
Notices are mailed no later than 15 days from the date of the original citation to the registered owner of
the vehicle. Delinquent Notices generated will be mailed at least once a week by first class mail to
registered owners. Returned check notices will be mailed by first class mail to individuals immediately
upon notification from the Customer that a check has been returned for non-payment. These notices
will state the amount of original penalty, delinquent amount, and the appropriate returned check fee.
Partial Payment Notices will be sent by first class mail to those who do not pay the full penalty amount.
The notice will indicate the amount that was paid and the remainder that is due. The Contractor will
generate Reminder Notices for unpaid accounts at a time frame acceptable to the Customer.
Contractor will communicate with violators in a timely manner by mail in response to correspondence
such as incomplete registration, citation, or payment information.
H. Additional Notices— Contractor will mail Other Correspondence as required for processing.
Adjudication Letters will be mailed as required. DMV Hold Letters shall be mailed to registered owners
on citations remaining open 18 months after a DMV Hold is placed.
I. DMV Interface for Placing Registration Holds — Contractor will transmit a Notice of Delinquency to
the California DMV for vehicles with California license plates after a Notice of Violation has been
mailed to the registered owner and Contractor has not received notification that the citation has
been cleared. This Notice of Delinquency will be transmitted to the California DMV within 2
business days after the date specified by the Customer to be the DMV Date.
Page 11
J. DMV Interface for Releasing Registration Holds — Contractor will transmit a Notice to the
California DMV that a Notice of Delinquency has been cleared within 2 business days after Contractor
has received notification of clearance.
K. DMV Interface for Monthly Payment File — Contractor will receive payment files from DMV as
available (currently monthly) and update DMV transactions into Customer's database, providing
reporting for reconciliation purposes.
L. Delivery Service —Contractor will provide courier services to Customer on a pre -determined schedule
as necessary for pickup and delivery of required documents.
M. Collection and Payment Processing - Contractor will provide the following collection and payment
processing services for Customer:
• Provide P. O. Box where payments, administrative review correspondence and other documents
are mailed within San Mateo County
• Courier pickup from P. O. Box daily
• Open all mail
• Enter and process payments received by mail within one (1) business day, including opening all
mail received, entering suspense date, verifying payment amounts, updating computer system,
and make daily bank deposits directly into an Agency assigned bank account
• Process all correspondence within two (2) business days from the date of receipt
• Sort and batch all correspondence by postmark date: Envelopes shall be kept on file with
correspondence
• Track rebilling on partial payments, non-payment of approved payment plans, checks returned for
insufficient funds, vehicle change of ownership, re-entered citations for payment
• File and store all source documents in an easily retrievable system
• Respond to reasonable non judicial public inquiries by phone or mail
• Return questionable mail to Customer for decision
• Provide reporting of bank deposits made for each Agency within one day following the deposit
• Provide toll-free number for citizen inquiries
• Provide reports for bank statement reconciliation
• Provide monthly Paid Citation Distribution Report for Customer to pay surcharges
N. Out of State Citations - Contractor will process citations for non -California license plates by entering
the citation information into the system database and report them along with all other citations on the
database with the standard reports. If they become delinquent, requests for registered owner
information will be sent to the appropriate out-of-state DMV. The Notice of Intent will be generated to
the registered owner and the fine amount requested. Contractor will incur all costs for out of state
name retrieval, including out-of-state DMV fees and charges. Contractor will receive payment from
Customer based on the amount of revenues collected from out-of-state citations after the Notice of
Intent has been issued.
O. Public On -Line Access — www.pticket.com - Contractor will supply a web site for public use
allowing the receiver of a parking violation to enter the parking citation number or other identifying
information in order to view parking citation data on line in real time. The website incorporates the
highest level of data security and data privacy in the industry. Web -based data traffic, which includes
names, addresses, parking ticket numbers or credit card numbers is encrypted using the highest level
Page 12
of industry standard encryption. Public access will include access to current citation status, including
status of contested citations, due dates, original fine amount, late charges, information on how to
contest a citation, how to show proof of correction for correctable violations, how to submit claims of
indigence prior to a hearing, and addresses for paying in person or by mail.
P. IVR and Web Payment Systems - Payment by Credit Card - Through the Interactive Voice
Response (IVR) System, and through the pticket.com web site, Contractor will accept credit card
payments via Visa, MasterCard and Discover. The systems authorize each transaction while the
caller is on the phone or online. Payees are given an authorization number or email confirmation to
confirm their charge. The IVR system and the pticket.com web payment system both automatically
update the citation database with the payment immediately. Credit Card monies will be paid to a
Contractor bank account and reconciled monthly. Customer will receive a credit card postlog which
shows in detail which citations were paid and for what amount, along with the deposit slip from the
bank or the ACH deposit email showing that these funds have been deposited into the Customer's
account. Should there be any charge backs to a merchant account, the funds are pulled directly
from the Contractor master account and the citation will be reactivated, much like a bounced check.
The violator will be sent a notice and will then proceed to DMV hold. Contractor will provide all
services regarding reconciliation, reactivation of charge backs, etc. The Customer will not be
involved in the daily processing.
Q. Administrative Adjudication Processing - Contractor will provide for the processing of requests
for contesting citations, allowing for Customer processing of administrative reviews, tracking and
monitoring all relevant dates on an automated system, mailing timely notification to respondents
regarding the status of their claims, and scheduling of administrative hearings. All Administrative
Adjudication information entered into the system will be done in real time and linked to existing
database information to ensure proper tracking of relevant dates, mailing names and addresses and
other pertinent information. Administrative Review requests will be entered within 2 business days of
receipt. Adjudication documents will be stored for 2 years from their activity date and then shredded.
Contractor will notify Customer of citations that have been found Not Liable that need refunds, so
the Customer can issue the refund. Contractor will schedule combined San Mateo County Hearings
up to three (3) weeks in advance, according to citizen selection by location and day of week in one
of the San Mateo County locations. Hearings may be scheduled manually if requested. Contractor
will print and mail (by first class mail) customized hearing notification letters to Customer and
respond to inquiries from Customer and the public regarding date of hearing, mailing date, location
of hearing and directions to hearing location. Contractor will provide the capability to use customized
text, such as liable reason codes, in letters for Customer and re -send letters should changes or
reschedules occur. Contractor agrees to provide all information required under the Vehicle Code in a
timely manner at no additional cost to the Customer should an appeal be made to the Superior
Court.
R. Paperless Appeals (eAppealsPRO & Scanning) — Contractor will provide online appeal capability
for the public to appeal their citations online. Contractor will provide the scanning of all mailed -in
appeal documents and electronic storage of those documents. Contractor will provide an online
application to access the appeals, which will be searchable and sortable. Contractor will keep an
electronic history of processed appeals for at least two years.
S. Independent Hearing Examiner Services — Contractor will contract with Independent Third Party
Hearing Examiners to provide fair and impartial hearings for Customer and the public. Contractor
will provide a monthly report of hearing results by citation number. The Independent Third Party
Page 13
Hearing Examiners will meet all training, education and other requirements specified in the
California Vehicle Code which apply to the performance of administrative hearings.
T. Online Inquiry Access and Support for Customers' Staff — Contractor will provide access to the
parking citation database via a web page using a secure log -on procedure. Customer shall be
provided access to their own database and inquiry -only access to databases for the other County
Agencies. This access includes citation inquiry by citation number, license plate number, full or
partial name and VIN (includes citation status, history status, administrative adjudication status,
notes, etc.), the ability to enter and view NOTES, post dismissals/payments, view daily deposits
made at Contractor's facility and view daily file transfers sent from the handheld ticket writer
software and received at Contractor's facility. A "NOTES" feature will allow authorized personnel to
easily enter comments for a particular citation or license plate to be viewed by other inquiry function
users. Contractor's technical staff will provide support during normal business hours. Technical
support will be provided for any communication or logon problems as well as immediate technical
support when problems arise in the uploading, downloading and transferring of files.
U. ICS Collection Service — Special Collections — Contractor will transfer outstanding citations (DMV
No -Holds, DMV Transfer of Ownership Releases, Non -California plates, citations delinquent over 90
days) and any other citations deemed as delinquent citations by Customer into Turbo Data's ICS
(Innovation Collection Service) system on a weekly basis. Up to two collection letters will be mailed
for each ICS account requesting payment. Delinquent accounts will be sent to a credit reporting
agency on a weekly basis. Paid accounts will be reported to the credit reporting agency weekly.
Payments will be processed daily and deposited to the Customer's regular citation processing bank
account. The Contractor's Customer Service Center will handle all ICS related calls through a
special toll-free number dedicated to ICS accounts. Monthly reporting will show all accounts moved
to the ICS system and all payments received due to ICS efforts.
V. Franchise Tax Board Offset Program — Contractor will combine citations by license number for
total amount due, eliminate corporate names, retrieve SSN's by name from a 3rd party, combine
accounts by SSN, mail required FTB letters in advance of placing accounts at FTB, process
payments generated by the FTB process, receive phone calls generated by the FTB process,
provide all systems and operational procedures required for the FTB process, and provide complete
reporting and reconciliation for the FTB process. Customer will be required to complete required
FTB paperwork and forms (with Contractor's assistance), establish a SWIFT account with the FTB,
and provide whatever assistance may be required to work with the FTB regarding the FTB process.
W. Contract Requirements:
• Privacy and Security of Customer Data - Contractor agrees to keep all Customer data private
and secure and will not share, sell, or otherwise access the Customer data for reasons other
than the normal processing of parking citations or as otherwise required by law. Contractor will
employ commercially reasonable best efforts to keep Customer and individual data acquired or
created in the course of performance under this Agreement secure pursuant to this provision.
• System Backups - All systems will be backed up daily to insure safety of data in the event of a
power outage or natural disaster. All backup data should be transferred and stored off-site for
disaster recovery.
• Subcontracting - No portion of the Agreement, other than the independent administrative
hearings, shall be permitted to be subcontracted to another private or public agency without
Page 14
express written approval from the Customer. Contractor must disclose the nature of work being
subcontracted, and the name of the private or public agency which shall perform the work.
• Vehicle Code Compliance - Contractor will comply with all requirements of the California
Vehicle Code in regard to processing and adjudication of citation records sent by the issuing
agency during the entire term of this Agreement, including extensions if any.
• Right to Audit — If Customer requests it, an auditor shall be hired to perform a financial and/or
performance audit. The Customer making such request shall pay the cost of the audit upon the
written approval of auditor's cost.
• Meeting Attendance - Contractor will be available to attend Customer meetings as needed at
Contractor's own expense.
• Transition to Next Contractor - In the event of a future change of vendor, Contractor agrees to
fully cooperate in any transition. This shall include but not be limited to provision of data in an
acceptable electronic format, provision of information as requested by the Customer to facilitate
a future RFP process, and assistance with any and all transition processes necessary to provide
for uninterrupted services to the Customer.
OPTIONAL SERVICES
X. Provision of Hand-held Automated Ticketwriters — ticketPRO Magic - Contractor will provide a
smartphone and a printer for a fixed fee per month per unit, including all software, support, and a 4G
data plan.
Y. Issuance and Processing of Moving Violations — ticketPRO Magic Traffic - Contractor will
provide a smartphone and a printer for a fixed fee per month per unit, including all software, support
and a 4G data plan. Processing of Moving Violations includes getting the moving violation into a
records management system, interfacing with Coplink, and transferring data to the Court.
Z. Provision of Automated and Manual Ticket Media — Contractor will provide paper ticket stock for
electronic and manual citations
Page 15
Exhibit B
In consideration of the services provided by Contractor described in Exhibit A and subject to the terms of
the Agreement, City shall pay Contractor based on the following fee schedule and terms:
1. FEE SCHEDULE
Parking Citation Processing:
Electronic Citation Processing — per ticket
$0.50
Manual Citation Processing — per ticket
$0.80
Notice Processing — per notice
$0.70
Administrative Adjudication - per appeal
$1.50
Adjudication Letters — per letter
$0.70
Administrative Hearings — per hearing
$25
Out of State Processing - % of revenue collected
25%
Collections for Citations delinquent over 90 days (ICS)
25%
Franchise Tax Board process
30% of amount collected
Monthly Hand-held Ticket Writer Lease
$99 per month per unit
Includes printer, 4G data plan, Parking module
Samsung RugbyPRO phone and Datamax O'Neil MF Series (or
equivalent)
Deductible for Lost or Stolen Device
$100/phone, $600 printer
Electronic ticket media - custom (5,000 minimum order)
$0.25 includes citation and
envelope
Hand-written ticket media — custom (5,000 minimum) $0.30 4 part with envelope,
25/book
Moving Violation Processing:
Electronic Citation Processing — per ticket $1.00
Monthly Hand-held Ticket Writer Lease $140 per month per unit
Includes printer, 4G data plan, Traffic module (includes Parking)
Moving violation electronic ticket media (5,000 minimum) $0.20
Samsung S5 Active phone and Datamax O'Neil MF Series (or
equivalent)
Page 16
9DBURL,INGAME STAFF REPORT AGENDA NO: 8f
MEETING DATE: April 20, 2015
To: Honorable Mayor and City Council
Date: April 20, 2015
From: Carol Augustine, Finance Director — (650) 558-7222
Subject: Adoption of a Resolution of Intention to Renew the Broadway Avenue
Business Improvement District and Levy Assessments for Fiscal Year
2015-16 and Setting Public Hearing for May 18, 2015; and Approving the
District's Annual Report for 2014-15
RECOMMENDATION
Staff recommends that the City Council:
(1) Approve the Broadway Avenue Business Improvement District Annual Report for Fiscal Year
2014-15;
(2) Adopt a Resolution of Intention to Reauthorize the Business Improvement District and Levy
Assessments for Fiscal Year 2015-16; and,
(3) Set a public hearing for Monday, May 18, 2015 at 7:00 p.m.
BACKGROUND
The Broadway Avenue Business Improvement District (BABID) submitted a draft of its annual
report on April 10, 2015. A review of its FY 2014-15 budget is included as part of the report.
There are no recommended changes in the boundaries, assessments or classifications of
businesses within the improvement district for the new fiscal year.
The Resolution of Intention to Renew the BABID and Levy Assessments notifies all businesses
within the district of the City Council's intention to renew the BABID by ordinance, levy the
assessments and collect the fees for the district. The public hearing associated with these
actions gives the businesses an opportunity to voice their opinions, comments, suggestions and
concerns directly to the City Council. The date of the hearing is May 18, 2015 at 7:00 p.m.
Since the BABID was first established in the 1990s, the Broadway Avenue Business
Improvement District has operated to promote the businesses in the district and provide for the
area's physical attractiveness. Each year, the BABID files an annual report of the district's
improvements and activities with the City. Upon approval of the annual report and subsequent to
a public hearing on the matter, the City Council then levies assessments on the businesses in the
district for the subsequent fiscal year, and collects the levies with the annual renewal of business
licenses.
1
Broadway Avenue BID
FISCAL IMPACT
Apr1120, 2015
The proposed assessment for fiscal year 2015-16 is $26,400. Once the district is renewed, the
assessments will be collected with the City's annual business license renewal process. The
funds are forwarded to the BABID for expenditures as authorized by the board of directors. The
City will continue to cover the expenses associated with the renewal of the BABID. These
expenses include staff time, postage and supplies.
Exhibits:
• Broadway Business Improvement District Annual Report
• Resolution of the City Council of the City of Burlingame Declaring Its Intention to Renew the
Broadway Area Business Improvement District, to Establish 2015-16 Assessments for the
Broadway Area Business Improvement District, and Approving the 2014-15 Annual Report
• Notice of Proposed Assessments and Public Hearing for the Broadway Area Business
Improvement District for 2015-16
2
�g W?'Y��B LIQ' jNG
BROADWAY
VILLAGE
April 8, 2015
City Manager
City of Burlingame
c/o Broadway Burlingame Business Improvement District
1399 Broadway
Burlingame, CA 94010-3422
Dear City Manager:
RE: BID Annual Report and 2015-2016 Budget
The BID proposes no changes in boundaries or assessments.
Budget outline for fiscal 2015-2016 activities (in percent of total
revenue):
A) Advertising & BID Events 30%
B) Burlingame Shuttle 30%
C) Streetscape Beautification 30%
D) Website Design and Maintenance 10%
Detail of Funds as of February 28 2015 (Funds on Hand)
Income Received
Interest Income $ 29.41
Bid Assessment Collected
Total Income Received
23,984.38
$ 24.013.79
Broadway Business Improvement District 0 1399 Broadway, Burlingame, California 94010
4'g wAY.��.BU�'ING
BROADWAY
VILLAGE
SHOPS
Expenditures
Accounting
$ 865.00
Advertising & Promotion
6,455.00
Shuttle Contribution
7,500.00
Streetscape Beautification
12,282.63
BID Events
1,117.33
Bank Service Fees
60.00
Website Design
2,700.00
Miscellaneous
530.00
Total Expenditures
$ 31 509.96
Status of Funds as of February 28 2015 (Funds on Hand)
Savings Account — US Bank $ 13,882.66
Checking Account— Chase Bank 6,315.44
Savings Account — Chase Bank 18,024.79
Total
$ 38,222.89
If you have any questions, please do not hesitate to contact me at Nuts
for Candy. (650) 676-7301.
Sincerely,
John Kevranian
President, BID
Broadway Business Improvement District 6 1399 Broadway, Buriin9ame, California 94010
To the Board of Directors
Broadway Burlingame Business Improvement District
Burlingame, CA
We have compiled the Statement of Funds — Cash Basis of Broadway
Burlingame Business Improvement District (a not-for-profit corporation) as of
February 28, 2015 and the related Schedule of Income Received and
Expenditures — Cash Basis for the period then ended included in the
accompanying prescribed form in accordance with Statements and Standards for
Accounting and Review Services issued by the American Institute of Certified
Public Accountants. The financial statements have been prepared on the cash
basis of accounting, which is a comprehensive basis of accounting other than
generally accepted accounting principles.
Our compilation was limited to presenting in the form prescribed by the City of
Burlingame information that is the representation of management. We have not
audited or reviewed the financial statements referred to above, and accordingly,
do not express an opinion or any other form of assurance on them.
The Statement of Funds — Cash Basis and related Schedule of Income Received
and Expenditures — Cash Basis which differ from generally accepted accounting
principles. Accordingly, these financial statements are not designed for those
who are not informed about such differences.
We are not independent with respect to this engagement.
GREEN & GREEN, LLP
April 8, 2015
EXKWIT A
TYPES OF IMPROVEMENTS AND ACTIVITIES PROPOSED TO BE FUNDED
BY THE LEVY OF ASSESSMENTS
1) Streetscape Beautification, Seasonal Decorations, and Public Arts Programs
a. Seasonal street plantings of flowers.
b. Seasonal flags and banners.
C Sidewalk enhancement and maintenance.
2) Business Recruitment and Retention
a. Matching funds for storefront improvement incentive
b. Develop strategy to 611 commercial vacancies.
C. Small business assistance workshops.
3) Commercial Marketing, Public Relations, and Advertising
a. Organize special events throughout the year.
4) Shuttle
L•:stablish a people mover system between the area and the hotel district, to be funded on a
cooperative cost sharing- basis.
5) Develop, implement and maintain a website for Broadway Business District.
6) Hire professional photographer to have a portfolio of photos of Broadway Business
District for marketing and advertising.
7) Create a directory brochure for Broadway Business District for the Burlingame Trolley
and hotels.
S) Work with hotels to link Broadway Business District website to hotels website.
9) Create and maintain a Facebook page to promote Broadway Business District.
4
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME
DECLARING ITS INTENTION TO RENEW THE BROADWAY AREA
BUSINESS IMPROVEMENT DISTRICT, TO ESTABLISH 2015-16
ASSESSMENTS FOR THE BROADWAY AREA BUSINESS IMPROVEMENT
DISTRICT, AND APPROVING THE 2014-15 ANNUAL REPORT
WHEREAS, pursuant to California Streets and Highways Code Section 36500 et seq.,
the City Council of the City of Burlingame established the Broadway Area Business
Improvement District (`RABID") in 1992 for the purpose of promoting economic revitalization
and physical maintenance of said business district, and
WHEREAS, the BABID Advisory Board has filed its 2014-15 annual report with the
City Clerk; and
WHEREAS, the BABID has provided important services in enhancing the Broadway
business area, its businesses and properties; and
WHEREAS, at the request of the BABID Advisory Board, the City Council desires to
initiate proceedings to renew and reestablish the BABID and to levy the assessments in
connection with the BABID for Fiscal Year 2015-16.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BURLINGAME
DOES HEREBY RESOLVE, DETERMINE, AND FIND AS FOLLOWS:
1. The City Council accepts and approves the 2014-15 annual report of the Broadway
Area Business Improvement District.
2. The Burlingame City Council hereby declares its intention to renew and reestablish the
BABID. The renewed and reestablished BABID will continue the existing programs and
assessments of the existing BABID and will have the same boundaries as the existing BABID.
These boundaries are set forth in the map attached hereto as Exhibit "C", and incorporated herein
by reference. With that action, the City Council intends to ratify the assessments levied pursuant
to the annual assessment procedures under Streets and Highways Code 36500, et seq. and
provided for in resolutions 40-2013 and 39-2014.
3. The Burlingame City Council further declares its intention to levy an assessment for
the 2015-16 fiscal year on businesses in the BABID to pay for improvements and activities of the
District.
4. The types of improvements and activities proposed to be funded by the levy of
assessments on businesses in the BABID are set forth in Exhibit "A", incorporated herein by
reference; these activities and improvements are without change from those previously
established for the BABID.
5. The method and basis of levying the assessments on the businesses in the BABID and
the amounts of those assessments are set forth in Exhibit B, incorporated herein by reference.
The method, basis and amounts of the BABID assessments, are unchanged from those levied in
the previous fiscal year and are as set forth in Ordinance No. 1461 of the City Council.
6. New businesses shall not be exempt from assessment.
7. A public hearing on the proposed ordinance to renew and reestablish the BABID and
to provide for assessments for 2015-16 is hereby set for May 18, 2015 at 7:00 p.m., in the
Council Chambers, Burlingame City Hall, 501 Primrose Road, Burlingame, California.
8. The City Council will receive testimony and evidence at the public hearing, and
interested persons may submit written comments at the public hearing, or they may be sent by
mail or delivered to the City Clerk prior to the public hearing, at 501 Primrose Road,
Burlingame, CA 94010.
9. At the public hearing, any and all persons may make oral or written protests against the
renewal of the BABID or the proposed assessment. In order for a person's protest to be counted
in the majority protest against the proposed renewal or assessments or programs and services for
2015-16, the individual must submit the protest in writing to the City Clerk at or before the close
of the public hearings on May 18, 2015. A written protest may be withdrawn in writing at any
time before the conclusion of the public hearing. Each written protest shall identify the business
and its address, include a description of the business and state the number of employees of the
business. If the person signing the protest is not shown on the official records of the City of
Burlingame as the owner of the business, then the protest shall contain or be accompanied by
written evidence that the person is the owner of the business. Any written protest as to the
regularity or sufficiency of the proceeding shall be in writing and clearly state the irregularity or
defect to which objection is made.
10. At the conclusion of the public hearing, if the City Council determines that there are
of record written protests by the owners of businesses within the BABID which will pay fifty
percent (50%) or more of the total assessments of the entire BABID, as to the proposed renewal
of the District or to the proposed assessments for 2015-16, the City Council will not renew the
BABID or levy any assessment for 2015-16. At the conclusion of the public hearing, if the City
Council determines that there are of record written protests by the owners of businesses within
the BABID which will pay fifty percent (50%) or more of the total assessments of the entire
District only as to a particular improvement or activity proposed, then that particular
improvement or activity will not be included in the District for the 2015-16 fiscal year.
2
11. If there is not a majority protest pursuant as set forth in Section 10 of this Resolution,
the City Council may, following the public hearing, adopt an ordinance that (i) renews and
reestablishes the BABID and (ii) amends Ordinance No. 1824 to rescind Section 2 (relating to
the sunset of the BABID) of Ordinance 1824. It is the intent of the City Council that the
adoption of said ordinance will (i) recognize the continuous, unbroken, and ongoing existence of
the BABID since the effective date of Ordinance 1824; (ii) permit the future existence of the
BABID unless and until disestablished by the City Council and (iii) ratify all actions taken by the
City Council to levy the annual assessment since the adoption of Ordinance 1824.
12. Further information regarding the proposed renewal and assessments and the
procedures for filing a written protest may be obtained from the City Clerk, Burlingame City
Hall, 501 Primrose Road, Burlingame, California, 650-558-7203.
13. The City Council directs the City Clerk to provide notice of the May 18, 2015 public
hearing by publishing notice as well as this Resolution in a newspaper of general circulation in
the City of Burlingame in accordance with the requirements of the Government and Streets &
Highways Codes and mailing them in accordance with those requirements as applicable.
Terry Nagel, Mayor
I, Mary Ellen Kearney, City Clerk of the City of Burlingame do hereby certify that the
foregoing Resolution was introduced at a regular meeting of the City Council on the 20th day of
April, 2015, and was adopted thereafter by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
Mary Ellen Kearney, City Clerk
EXHIBIT A
TYPES OF IMPROVEMENTS AND ACTIVITIES PROPOSED TO BE FUNDED
BY THE LEVY OF ASSESSMENTS
1) Streetscape Beautification, Seasonal Decorations, and Public Arts Programs
a. Seasonal street plantings of flowers.
b. Seasonal flags and banners.
f. Sidewalk enhancement and maintenance.
2) Business Recruitment and Retention
a. Matching funds for storefront improvement incentive
b. Develop strategy to fill commercial vacancies.
C. Small business assistance workshops.
3) Commercial Marketing, Public Relations, and Advertising
a. Organize special events throughout the year.
4) Shuttle
Establish a people mover system between the area and the hotel district, to be funded on a
cooperative cost sharing basis.
EXHIBIT B
BROADWAY AREA BUSINESS IMPROVEMENT DISTRICT
ASSESSMENT BASIS*
BUSINESS TYPE
RETAIL &
RESTAURANT
SERVICE
PROFESSIONAL
FINANCIAL
NO. OF STAFF ** ANNUAL ASSESSMENT
4+
----------------
$450
---------------------
-----------------------
1-3
1-3
$300
3+
----------------
$250
----------------------
1 -2
$150
3+
----------------
$200
----------------------
1 -2
$150
NA
$500
* ----- Amount shown is annual total
** --- Staff means any persons working (full time or full time
equivalency) including owners, partners, managers,
employees, family members, etc.
Business Definitions (Burlingame Municipal Code § 6.52.010):
Retail ❑ B usinesses thatbuy and rese I I goods. Exam p les are c loth ing stores, shoe
stores, office supplies, etc.
Restaurant ❑ Selling prepared food and drink.
Service ❑ Businesses thatse I I services. E xam p les are beauty and barber shops,
repair shops that do not sell goods, contractors, auto shops, etc.
Professional ❑ Inc ludes eng ineering firm s, architects, atlomeys, dentists, opthm etrists,
physicians, realtors, insurance offices, etc.
Financial ❑ B anks, sav ings and loans, househo Id finance com pan ies, eth.
5
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REAL
LEGEND
ZONE A
r�
ZONE G
NOTICE OF PUBLIC HEARING
TO CONSIDER RENEWAL OF THE BROADWAY AREA
BUSINESS IMPROVEMENT DISTRICT AND PROPOSED
2015-16 ASSESSMENTS FOR THE DISTRICT, AND TO
DETERMINE WHETHER A MAJORITY PROTEST HAS
BEEN MADE
PLEASE TAKE NOTICE that on May 18, 2015 at 7:00 p.m., in the Council
Chambers, Burlingame City Hall, 501 Primrose Road, Burlingame, the City Council of the City
of Burlingame will conduct a public hearing to consider the following:
1. The adoption of a Resolution renewing the Broadway Area Business Improvement by
ordinance and establishing assessments on businesses in the District for the 2015-16
fiscal year, the amounts of those assessments, the types of improvements and
activities proposed to be funded by the assessments, and the method and basis of
levying the assessments.
2. Any and all written protests against said renewal and assessments.
3. Whether there are written protests to the proposed assessments by the owners of
businesses within the Broadway Area Business Improvement District which will pay
fifty percent (50%) or more of the total assessments of the entire District.
4. Whether there are written protests to a particular District improvement or activity by
the owners of businesses within the Broadway Area Business Improvement District
which will pay fifty percent (50%) or more of the total assessments of the entire
District.
The proposed basis for the 2015-16 assessment is the same as that used for the 2014-15 fiscal
year. The purposes, programs and activities to be supported by the proposed assessments are
described in the Resolution of Intention, a copy of which is attached to this notice and is also
available for review at the City Clerk's Office, 501 Primrose Road, Burlingame California.
The public hearing on the proposed Broadway Area Business Improvement District programs
and the assessments for the 2015-16 fiscal year is set for May 18, 2015 at 7:00 p.m., before the
City Council of the City of Burlingame, in the Council's Chambers, Burlingame City Hall, 501
Primrose Road, Burlingame, California. At that time, the Council will hear from any interested
person who wishes to submit written or oral testimony regarding the proposed actions. Oral or
written protests may be made before or at these public hearings, but no later than the close of
each public hearing. See the Resolution of Intention for information on how protests are made
and what effect protests have.
Further information regarding the proposed renewal of the Broadway Area Business
Improvement District and the assessments for fiscal year 2015-16 may be obtained from the City
Clerk at City Hall, 501 Primrose Road, Burlingame, California 94010 (650-558-7203). Written
comments and/or written protests may be directed to the City Council, Burlingame City Hall,
501 Primrose Road, Burlingame, CA 94010.
BURL,INGAME AGENDA NO: 9a
STAFF REPORT
MEETING DATE: April 20, 2015
To: Honorable Mayor and City Council
Date: April 20, 2015
From: William Meeker, Community Development Director — (650) 558-7255
Subject: Continuance of a Public Hearing on the Appeal of the Planning
Commission's Denial of an Application for Negative Declaration, Design
Review and Special Permit for Declining Height Envelope for a New, Two -
Story Single Family Dwelling and Detached Garage, on Property at 1516
Howard Avenue, Located Within a Single -Family Residential (R-1) Zone
RECOMMENDATION
Staff recommends that the City Council continue the public hearing on this matter until the
regular meeting of Monday, May 4, 2015 at the request of the owner of the property at
1516 Howard Avenue (the property subject to the appeal).
BACKGROUND
A timely appeal of the Planning Commission's March 23, 2015 denial of entitlements for
construction of a new single-family dwelling at 1516 Howard Avenue was submitted on March 26,
2015. At its meeting of April 6, 2015 the City Council scheduled the public hearing on the appeal
for its April 20, 2015 agenda. The owner of the property in question has submitted a letter
(attached) requesting that the appeal hearing be continued to permit her more time to prepare to
present her case with legal counsel. She has agreed to a new hearing date of May 4, 2015.
Attachment:
April 15, 2015 Letter from Sing Statz Requesting a Continuance of Appeal Hearing
1
Project: APPEAL TO THE FROM THE PLANNING COMMISION
PROPOSED NEW RESIDENCE
1516 HOWARD AVANUE
BURLINGAME, CA 94010
RE: REQUEST FOR CONTUENCE -INSUFFICIENT NOTICE FOR 4/20/15 MEETING
TO WHOM IT MAY CONCERN:
My name is Sing Statz, and I am the owner/ developer who is proposing to build a
new home at 1516 Howard Avenue.
I received your Notice in the mail over the weekend that our hearing with the City
Council has been scheduled for this coming Monday, April 200. Because of the
extraordinary financial hardship that I will suffer should my project be denied by
the City Council, I feel compelled to seek legal council to represent my interests in
this matter.
I am in the process of consulting with legal counsel and request that I be given
additional time to prepare my appeal.
Thank you for yoj& kind consideration,
Sing Statz
f - '
� AGENDA NO: 10a
BURL,INGAME STAFF REPORT
MEETING DATE: April 20, 2015
To: Burlingame City Council
Date: April 20, 2015
From: Nicole Acquisti, Recreation Supervisor — (650) 558-7337
Subject Dog Off -Leash Pilot Program Update
Staff recommends that the Burlingame City Council review the current Dog Off -Leash Pilot
program, continue the program for another year, and extend the hours to include 6:00am-
7:30am on the ball fields.
In April 2014, after approval from the Parks and Recreation Commission and the City Council,
the Parks and Recreation Department launched the Dog Off -Leash Pilot Program at
Washington Park outfield and Cuernavaca Park outfield. Prior to the pilot program, the City of
Burlingame had two open areas in Cuernavaca Park and Washington Park that were approved
as off -leash areas from 6am-7:30am Monday through Friday year-round. A trial period of off -
leash times from 6pm-7:30pm was voted down by the City Council on March 19, 2012. A Dog
Park Task Force was established to review possible options to improve off -leash opportunities
within Burlingame. In addition, City staff received correspondence from the community
requesting additional times for dogs to be off -leash.
The Dog Park Task Force directed City staff to research how surrounding municipalities
provided dog off -leash areas. With this information, the Dog Park Task Force and City staff
worked to find possible locations. After community outreach, the Parks and Recreation
Commission and the City Council approved the locations at Washington Park and Cuernavaca
Park enclosed ball fields for a one-year trial period. The program allows off -leash opportunities
from 7:30am-2pm Monday through Friday during the months of September through May. Due
to summertime activities on the fields, the program is halted for the summer months.
The Off -Leash Pilot Program was evaluated at two months, six months and ten months and has
now reached the one-year mark. On March 19th, the Parks and Recreation Commission voted
unanimously to extend the program for another year.
1
Dog Off -Leash Pilot Program Update April 20, 2015
DISCUSSION
The Pilot Program began in April 2014. The fields were open for two months, April and May,
and then were closed until September. In June 2014, staff reached out to the public inviting
feedback about the impact of the use of the field for off -leash dogs. Letters were mailed to
residents surrounding Cuernavaca Park, and all the people on the dog contact list were
emailed. Additionally, staff reached out to the current users of both fields (baseball, softball and
soccer organizations). The vast majority of the feedback was overwhelmingly positive.
Residents enjoyed being able to have additional hours to run their dogs, and the field users felt
there was very little impact on their regular afternoon usage.
At the six-month mark, staff again reached out to users for feedback regarding the program.
Per that request, staff received over two dozen emails showing support for the program, and
three with concerns about the program. There were also approximately 20 phone calls with
feedback as well. Much of the feedback related to requesting additional hours and locations
within the city. There were also a few comments about people using the field outside the
designated time frame, and feces being left on the field.
In February 2015, as the one-year pilot was coming to a close, staff sought additional input.
The return correspondence was significantly less (four emails and two calls). Those comments
were also positive and echoed comments made earlier: dog owners are very appreciative of the
additional time; the enclosed grass areas are great for safety and running; people still want
additional hours in the evening and summertime; dog owners were using non -designated areas
with off -leash dogs and/or using the off -leash areas outside the designated time; and the
amount of feces left on the field has been reduced since the Parks Division installed stations for
waste bags.
Staff also reached out to the field users and received no correspondence concerning the impact
to the fields due to the program. The City's Parks Supervisor/City Arborist has not received any
official reports of damage to the fields during the pilot program.
In addition to the requests for feedback, Parks and Recreation staff has been in communication
with users throughout the year and has been able to address any concerns as they arose.
On March 19`h, the matter was brought to the Parks and Recreation Commission for review and
public input. During public comments, seven speakers commented about how the off -leash
areas have created a community among dog owners. One community member who spoke
against the off -leash program provided photos of feces that were not picked up as well as
people using the area outside the designated time with dogs off leash. The Parks and
Recreation Commission voted unanimously to extend the Pilot Program for another year.
At the Commission meeting, discussion arose regarding extending the ball field area hours by
opening at 6am. Currently there are open areas from 6am-7:30am at both Washington Park
and Cuernavaca; however dog owners would also like the option of using the enclosed field as
well. The ball fields are not in use during that time, so extending the time in the enclosed area
would be of minimal impact.
2
Dog Off -Leash Pilot Program Update April 20, 2015
FISCAL IMPACT
There is minimal fiscal impact associated with the off -leash hours. The cost to purchase waste
bags is approximately $1,500 per year.
Exhibits:
• Site Map of Off -leash Location within Washington Park
• Site Map of Off -leash Location within Cuernavaca Park
• Remarks from Community Members
3
City of Burlingame Parks and Recreation Department (650) 558-7300
Dog Off -Leash Area
Pilot Program: Washington Field
7:30am - 2:00pm
Monday - Friday
September - May
1. See map below for designated off -leash area (inside red line).
2. Stay off the infield.
3. All dogs should be licensed and vaccinated.
4. Owners must pickup after their dogs.
5. No more than 2 dogs per owner.
6. Dogs must be on -leash and in owner's control upon entry and
exit of off -leash area.
7. Pilot program can be revoked or modified by the Parks and
Recreation Director.
8. Field may be closed for off -leash use due to field maintenance
or weather conditions. Signage will be posted.
9. Failure to comply with the rules and regulations shall result in
a ticket. Burlingame Municipal Code Title 9.
10.Violations can be reported to the Burlingame Police
Department (650) 777-4100.
.a
1
H
Dear Nicole:
We genuinely consider the off leash privileges at Washington Park one of the most attractive things about
Burlingame. We rely on it every day both to get together with friends and to exercise our dogs. I do not
know what we would do without it, as there is no viable alternative on this side of the freeway. Please,
please continue and even expand the program.
Sean Dennison
(415)595-7751
Hi Nicole,
I am writing to provide my feedback for the Washington Park off -leash area. We are huge supporters of it
and use the privilege every single day. It is an excellent source of community and we have been fortunate
enough to make great friends while our dogs enjoy the field. It would be a major disappointment to us, as
well as many of our friends, if the off -leash hours were reduced.
Thank you very much for giving us the opportunity to share our input. We will continue to respect the
rules that are in place.
Kind Regards,
Conni Dennison
Hi Nicole,
I am a resident of Burlingame Hills and new to the area. Just wanted to say that this program has been a
lifesaver in many respects for myself and dog having moved from a home with 3 acres of land where he
was able to run freely.
Having space for him to do this here has been tremendous and even better for him to socialize with other
dogs. Additionally I have had the good fortune of meeting wonderful people at Cuernavaca and
Washington Parks! I will say that every single person I have met is conscientious of the privilege and
respectful to others, their pets and property by picking up waste.
I hope you have had the same feedback from others with such positive experiences. From talking with
others and how much we all enjoy this we are hoping there is a possibility to extend this somehow year
round. I can't imagine what we will do! When the field was closed for some time due to the heavy rains
my dog just sat at the door waiting forme to let him in:))) I think people are so grateful to have this,
they undoubtedly would do whatever it would take to work together with the community who shares this.
From what we understand, it is ensuring the property is open to the sports teams / camps that use the
property. It would be wonderful if a policy could be drafted and posted that the park is free to the
community but priority given to these programs and the space is available for use unless they are present.
You would have to vacate promptly for them. I don't know if there are other considerations. I wish I
could attend this evening and hope others that I know I have talked to and enjoy this program have
written in to you if they are also not able to attend.
I sincerely hope it continues and even expands and grows as I couldn't imagine our life here in
Burlingame without this!
Thank you,
Susan Tarazi
117 Alturas Drive
Hi Nicole,
I'm writing in favor of continuing the off -leash program at Cuernavaca Park. I have been taking my 1.5
year old golden retriever here over the last 6 months. We visit once or twice a week and at various
times. In my experience, the program is working great. I have never seen poop not picked up, unfriendly
dogs, or damage to the fields.
Because the folks bringing their pets here live in the neighborhood, they care about the park and go above
and beyond to make sure it is clean and that they follow the rules! People seem to come for about 20-30
minutes, just enough time to give your dog time to socialize, chase the ball, sniff, explore, and get out
some energy. It's also been a great social activity for our neighbors, a great way to meet people. It is an
asset to our community and I certainly hope it continues!
It is unfortunate that it will have to be seasonal, but understandably so, with baseball and soccer programs
in the spring and summer. Perhaps in the future, talks about finding space in the park (and at Washington
Park) for a full-time area will be take place. In the meantime, thank you for the program. It is greatly
appreciated!!
Sincerely,
Alicia Hampton
150 Newton Drive
Burlingame, CA
Sent on March 24, 2015: After the Parks and Recreation Commission Meeting
Hi Nicole,
Sending a big THANK YOU to you and all Parks and Recreation Commission. I tried so hard to attend
the City Council meeting but was not able to get out of the office that evening. One of my dog park
colleagues did attend though and relayed the meeting communications. One of the topics that came up is
that you receive more grievances than positive comments about the dog parks. If it is not too late, I am
guilty of having nothing but positive experiences at the off leash pilot Cuernavaca Park and failing to
communicate the appreciation and gratitude I have for the privilege, and I do take it as a privilege, of
being able to use this park for morning dog play.
So, this note is in fact a compliment, a note of appreciation for facilitating the program. I am a regular
there, every morning at 7:00-8:00 a.m. Please know I live in small 400 sq. ft. rental cottage in
Burlingame Hills, my dog is 55 lbs. Quite frankly I don't know what I would do without the benefit of
this dog park. It gives my dog a chance to run and play with other dogs before his daily house lock-up
while I go to work. He has made some great friends at the park and as an unexpected benefit, so have I,
with other Burlingame residents - even helping each other through grief (one dog park colleague is losing
her sister to brain cancer).
We look after each other and we look after each other's dogs, ensuring we alert each other if someone was
chatting and missed their dog doing their business. We pick up trash so that our dogs don't ingest. I am
the one who held my dog's 1 st birthday party at Cuernavaca Park, it was important to me to have it at a
place that is special to him with his dog pals. Wasn't easy having everything setup by 7:00 am. but I
have the pictures from that special day posted in my cubicle, it was all worth it.
Thank you for all you do Nicole, and please pass this message on to your Parks and Recreation
Commission colleagues. I live alone and did not recognize how lonely and isolated I had become; getting
my dog brought me out of my hermit shell. Yes, would appreciate extending the hours starting at 6:00 or
6:30 a.m. for those of us who utilize the park before going to work. To be honest we are usually there
—7:00 a.m. anyway and there is no one using the upper or fields at this time so honestly don't see it would
be a disruption of any kind.
Sincerely,
Vicky Boyd
Resident of Burlingame Hills (Adeline Dr.)
(650)432-1274
3/12/15 -The pilot programs should not be renewed/extended for the following reasons:
The dog owners are not following the rules and regulations; such as, they do not pick up after
their dog waste and by letting their dogs play on the sand. They are damaging the park by letting
their dogs urinate on the batting cage and creating an inconvenience for other people because of
safety and hygienic concerns.
Another concern is that more and more dog owners are present even after the allowed time for
dogs are over, which pushes the kids away who want to play on the field.
Having the hours extended for the pilot program creates an additional liability for the city
because if either someone gets hurt on the park due to a dog related issues, or if a dog gets hurt
due a dog related issue, and will also increase the maintenance cost significantly (land cleanup,
san maintenance, and water cost).
Lin Nay
Update on the State of California
Water Shortage Emergency Conditions
Burlingame's Current Water Use and Conservation
Overview
• Background
• Recent Executive Orders and Regulations
• Requirements on Residents, Businesses, and Agencies
• Burlingame's Current Water Use and Conservation
Efforts
• Fiscal impact associated with new requirements
• Questions
BURV49AME
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4/20/2015
2
Historical Droughts
• California's most significant historical statewide
droughts in the last century were:
• The six-year drought of 1929-34,
• The two-year drought of 1976-77, and
• The six-year event of 1987-92.
• The 2012-15 drought has the driest three-year period of
statewide precipitation
CITY
Executive Orders and
Regulations
Executive Orders from the Governor and associated water use
regulations from the State Water Resources Control Board
Governor's Executive Orders
• January 2014: Proclamation No. 1-17-2014:
proclamation of drought.
• April 2014: Executive Order to Continue
Conservation
• December 2014: Extension of April 2014 Executive
Order through May 2016
• April 2015: Executive Order Mandating Statewide
25% Cutbacks
SWRCB Regulations C
• July 2014: Resolution No. 2014-0038 - Adopt an Emergency
Regulation For Statewide Urban Water Conservation
• March 2015: Resolution No. 2015-0013 - Expanded
Conservation Efforts
• April 7, 2015 - Mandatory Conservation Proposed Regulatory
Framework
• April 18, 2015 - Draft Regulations for Implementing 25%
Reduction
• May 2015 - Anticipated adoption of final regulations in
response to State-wide 25% cutback
SWRCB Regulations
• Prohibits certain types of water use by water customers
and suppliers,
• Increases indoor and outdoor water efficiency standards
for new development,
• Authorizes suppliers to issues fines up to $500 per
violation,
• Authorizes the SWRCB to imposed additional measures
deemed necessary to meet conservation standard, and
• Authorizes SWRCB to fine water suppliers up to $10,000
for non-compliance.
Requirements for Residents
What Burlingame residents are required to do under new SWRCB
Regulations.
Requirements for Residents
• SWRCB regulations have prohibited the following water uses'
in California:
• Applying potable water to any driveway or sidewalk;
• Using potable water to irrigate outdoor landscapes in a
manner that causes runoff to adjacent property, non -irrigated
areas, private and public walkways, roadways, parking lots or
structures;
• Using a hose that dispenses potable water to wash a motor
vehicle, unless the hose is fitted with a shut-off nozzle;
• Using potable water in a fountain or decorative water feature,
unless the water is recirculated; and
• Applying potable water to outdoor landscapes during and
within 48 hours after measurable rainfall.
Requirements_ of Businesses
What Burlingame businesses are required to do under new
SWRCB Regulations.
Requirements for Businesses
In addition to the requirements for residents, businesses
must also perform the following:
• Serving drinking water other than upon request in eating or
drinking establishments, and
• Operators of hotels and motels shall provide guests with
the option of choosing not to have towels and linens
laundered daily.
• No specific water use target for commercial, industrial,
and institutional users served by Burlingame.
C,Ty
v4 �
Requirements for Suppliers
Requirements for Suppliers
• Report monthly water production, including an estimate of
the gallons per capita per day used by residential customers;
• Provide notice to customers when leaks are identified by the
supplier;
• Develop rate structures and other pricing mechanisms,
including but not limited to surcharges, fees, and penalties,
to maximize water conservation;
• Irrigation of turf and ornamental landscape is prohibited on
medians; and
• Irrigation with potable water outside newly constructed
homes and buildings may only use drip or microspray.
Quickly Changing Regulations
• Previous regulations required implementation stage of Water
Shortage Contingency Plan that limited number of days of
irrigation per week
• SWRCB received over 250 comments to Proposed Regulatory
Framework
• Current draft regulations no longer require limiting allowable
number of days of irrigation
• Reporting of the number of allowable days of irrigation is
required
• The regional response to the draft regulations is currently
unclear
Requirements for Suppliers
• Burlingame is in Tier 4 requiring a 16% cutback
• SWRCB may direct non-compliant water suppliers to
implement additional measures or face immediate
enforcement
Measuring Compliance
• Baseline Water Use - Average residential, per -capita
water use between the months of June 2013 through
February 2014;
• Comparison to average residential, per -capita water use
between June 2015 through February 2016;
• Compliance is measured monthly but assessed on a
cumulative basis; and
0 Measurement starts this June 2015.
Burlingame Water Use
June - February 13114 to 14115
Current Conservation Efforts
• Annual rebate programs in conjunction with BAWSCA for replacing
old inefficient toilets;
• Annual rebate programs in conjunction with BAWSCA and PGftE for
replacing old inefficient washing machines;
• Perform commercial water audits for large commercial customers;
• Provide water conservation education materials for schools;
• Provide water efficient landscaping classes to residents through
BAWSCA;
• Provide free high -efficiency fixture giveaways;
• Adopted ordinance establishing indoor water use regulations; and
• Adopted of an ordinance requiring low water use landscaping.
Additional Conservation Efforts
• Water conservation mailer to customers informing them about
the new regulations and offering water saving tips;
• Water conservation information and updates through the eNews,
water bills, garbage bills, Chamber of Commerce newsletter and
other publications;
• Inspection of complaints related to potential water use
violations, follow up with the customers, and provision of
written warnings, door hangers, and issuance of violation
notices;
• Posting of water conservation information in City buildings;
• Placement of message boards with water conservation
information along the major thoroughfares; and
• Tracking and monitoring of overall citywide water consumption
and reporting to the SWRCB.
Potential Future Actions
• Enhance public education regarding new regulations
• Staff will monitor effects on water use from recent
regulations and City's conservation efforts
• Staff will evaluate if additional enforcement in the form of
fines and penalties is necessary to achieve further reductions.
• As stated above, the SWRCB has authorized fines of up to
$500 per violation.
• Staff is not requesting authority from the Council to issues
fines for water use violations.
• Given the level of conservation that has occurred to date,
staff will continue to work with individuals and businesses.
BURLINGAME
Fiscal Impacts to City
Impacts associated with increases in wholesale cost of
and reduced revenue
Fiscal Impacts to City IN
• Staff time to increase public outreach efforts,
inspections, responses to complaints, and reporting to
the SWRCB
• Reduced revenue to the City as water consumption
decreases
• Wholesale water rate increase by San Francisco of 28%
compared to last year
Water waste, flooding, or runoff into the street or gutters is prohibited.
Hoses cannot be used to clean hard surface areas, including but not limited to sidewalks, dnveways, roofs,
and awnings.
Hoses used for vehicle or building washing must have positive shutoff vales.
Irrigation with potable wateris prohibited between the hers of 10 a.m. and 5 pm.
Stage 2 Reduction Methods and the following methods
No irrigation shall be permitted on any day other than Monday and Thursday. This provision does not apply
to hand-held hose watering of vegetation, if the hose is equipped with a positive water shutoff valve, which
is allowed between the hours of 5 p.m. and 10 a.m.
Potable water shall not be used to clean, fill, or maintain levels in outdoor decorative fountains; interior
fountains must recirculate water.
Businesses mhet post notification of water shortage conditions in restrowns.
Hotels mart post notification of water shortage conditions in rooms.
City bmidings mist post notification of water shortage conditions in restrooms and break rooms.
Broken or defective plumbing, sprinklers, or irrigation system which permit the escape or leakage of potable
water msat be repaired within 24 hours of the discovery of the defect or leak.
4/20/2015
13
Requested Action
Declare that a water shortage condition exists per
Section 15.06 of the City of Burlingame Municipal
and
• Given most recent regulations Council can:
• Authorize staff to implement Stage 3 of the Water Shortage
Contingency Plan, including number of allowable irrigation
days,
• Authorize selected provisions of the Water Shortage
Contingency Plan, or
• Postpone the decision until final regulations are adopted by
the SWRCB in May.
Questions?
AGENDA ITEM NO: 10b
STAFF REPORT
MEETING DATE: April 20, 2015
To: Honorable Mayor and City Council
Date: April 20, 2015
From: Syed Murtuza, Director of Public Works — (650) 558-7230
Subject: Update on the State of California Water Shortage Emergency Conditions
and Adoption of a Resolution Implementing Stage 3 of the City of
Burlingame Water Shortage Contingency Plan
RECOMMENDATION
Staff recommends that the City Council review the information presented in this staff report
pertaining to the Governor's declaration of a water shortage emergency. Staff further
recommends that the City Council adopt the attached resolution to comply with the State Water
Resource Control Board's (SWRCB) water use regulations to reduce water use by:
• Declaring that a water shortage condition exists per Section 15.06 of the City of
Burlingame Municipal Code; and
• Adopting water use restrictions consistent with State regulations, the Municipal Code,
and Stage 3 of the City of Burlingame Water Shortage Contingency Plan.
BACKGROUND
California is in the fourth year of a severe drought, with the lowest snow pack on record. Over
the past year, the Governor has taken unprecedented actions to target reduction of water use
within the state. The SWRCB will soon promulgate regulations and restrictions regarding the
methods by which cities and towns are to achieve additional water use reductions as mandated
by the Governor's most recent emergency Executive Order. The following summarizes the
recent Executive Orders that have been issued by the Governor and regulations adopted by the
SWRCB to achieve water use reductions statewide:
Governor's Executive Orders
On January 17, 2014, Governor Brown issued Proclamation No. 1-17-2014, a drought
emergency proclamation, in response to three critically dry years in California. On April 25,
2014, Governor Brown issued an Executive Order to speed up actions necessary to reduce
harmful effects of the drought, and he called on all Californians to redouble their efforts to
conserve water. On December 22, 2014, Governor Brown issued another Executive Order, B-
28-14, extending certain provisions of the April 25, 2014, Executive Order through
May 31, 2016.
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Update on the State of California Water Shortage Emergency and Adoption of April 20, 2015
Resolution Implementing Stage 3 of the City Water Shortage Contingency Plan
Most recently on April 1, 2015, Governor Brown issued Executive Order B-29-15, which requires
the first-ever statewide mandatory water reductions, thereby triggering the SWRCB to
implement measures to reduce urban potable water demand by 25% statewide compared to
the amount used in 2013. Preliminary guidance has been provided by the SWRCB on specific
reduction targets for individual agencies based on their per capita water consumption. The
guidance also provides an estimated target water -use reduction for each agency, and a
baseline for future determinations of excessive water use. Based on water conservation since
the beginning of the drought, and the residential per capita water use per day for agencies
throughout the state, the SWRCB has identified four categories of conservation standards as
follows:
Agencies with Residential Per Capita Per Day
(Units in Gallons)
Conservation Standard
(Cuts Required)
Under 55
10%
55-110
20%
110-165
25%
Over165
35%
Although Burlingame cut approximately 20% of its water use in the year 2014 compared to the
same period in 2013, the SWRCB shows that Burlingame has conserved approximately 17% of
water use, comparing to a slightly different time frame between the years 2013 and 2014.
Because of the conservation efforts to date, and also because Burlingame's residential per
capita water use per day is currently at 87.8 gallons, the SWRCB is placing Burlingame in the
second group of water agencies, which are required to conserve 20%, as part of the overall plan
to achieve a 25% statewide reduction. The 20% reduction in water use will be measured against
2013 consumption.
SWRCB Drought Regulations
On July 15, 2014, the SWRCB approved Resolution No. 2014-0038 to adopt an Emergency
Regulation for Statewide Urban Water Conservation to ensure water suppliers, their customers,
and state residents increase water conservation in urban settings. On March 17, 2015, the
SWRCB issued Resolution No. 2015-0013 to adopt an Emergency Regulation for Statewide
Urban Water Conservation, which contained expanded drought -related emergency regulations
to ensure water suppliers, their customers, and state residents increase water conservation in
urban settings.
State Requirements on Californians and Businesses
To date, the SWRCB regulations have prohibited the following water uses in California:
• Applying potable water to any driveway or sidewalk;
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Update on the State of California Water Shortage Emergency and Adoption of April 20, 2015
Resolution Implementing Stage 3 of the City Water Shortage Contingency Plan
• Using potable water to irrigate outdoor landscapes in a manner that causes runoff to
adjacent property, non -irrigated areas, private and public walkways, roadways, parking
lots or structures;
• Using a hose that dispenses potable water to wash a motor vehicle, unless the hose is
fitted with a shut-off nozzle;
• Using potable water in a fountain or decorative water feature, unless the water is
recirculated;
• Applying potable water to outdoor landscapes during and within 48 hours after
measurable rainfall: and
• Serving drinking water other than upon request in eating or drinking establishments,
including but not limited to restaurants, hotels, cafes, cafeterias, bars or other public
places where food or drinks are served and/or purchased.
In addition, operators of hotels and motels shall provide guests with the option of choosing not
to have towels and linens laundered daily.
Requirements for Urban Water Suppliers
Additionally, staff understands that the SWRCB is in the process of imposing the following
requirements on urban water suppliers:
• Implement water shortage contingency plans to a level where restrictions on outdoor
irrigation are mandatory;
• Report monthly water production, including an estimate of the gallons per capita per day
used by residential customers;
• Implement water shortage contingency plans to a level where the number of days that
outdoor irrigation of ornamental landscapes or turf with potable water is restricted (i.e.,
two days per week for Burlingame);
• Provide prompt notice to a customer whenever the supplier obtains information that
indicates that a leak may exist within the end -user's exclusive control; and
• Develop rate structures and other pricing mechanisms, including but not limited to
surcharges, fees, and penalties, to maximize water conservation consistent with
statewide water restrictions.
Finally, violations of prohibited activities are considered infractions and may be punishable by
fines of up to $500 for each day on which the violation occurs.
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Update on the State of California Water Shortage Emergency and Adoption of April 20, 2015
Resolution Implementing Stage 3 of the City Water Shortage Contingency Plan
DISCUSSION
The City's Urban Water Management Plan, which contains the City's Water Shortage
Contingency Plan, was adopted in 2011. The Water Shortage Contingency Plan already
contains a majority of the conservation steps contained in the SWRCB regulations. Per the
requirements of Chapter 15.06 of the Burlingame Municipal Code, and the Water Shortage
Contingency Plan, a declaration by the City Council of a "water shortage condition" is required
to formally authorize staff to implement some of these measures.
To fully comply with State regulations, most of Stage 3 of the City's Water Shortage
Contingency Plan will need to be implemented. As such, staff recommends that the City
Council declare a water shortage condition, and authorize staff to implement the following
components of Stage 3 of the Water Shortage Contingency Plan:
• Water waste, flooding, or runoff into the street or gutters is prohibited.
• Hoses cannot be used to clean hard surface areas, including but not limited to
sidewalks, driveways, roofs, and awnings.
• Hoses used for vehicle or building washing must have positive shutoff valves.
• Irrigation with potable water is prohibited between the hours of 10 a.m. and 5 p.m.
• Irrigation shall be restricted to two days a week according to the below schedule:
o Odd Address — Monday and Thursday
o Even Address — Tuesday and Friday
o No Address — Monday and Thursday
The above outdoor irrigation schedule is based on extensive discussions with the Bay
Area Water Supply and Conservation Agency (BAWSCA) member agencies, and is
proposed in an effort to maintain consistency with other agencies in the region.
Additionally, this provision does not apply to hand-held hose watering of vegetation, if
the hose is equipped with a positive water shutoff valve. Hand-held watering is allowed
between the hours of 5 p.m. and 10 a.m.
• Potable water shall not be used to clean, fill, or maintain levels in outdoor decorative
fountains; interior fountains must recirculate water.
• Businesses must post notification of water shortage conditions in restrooms.
• Hotels must post notification of water shortage conditions in rooms.
• City buildings must post notification of water shortage conditions in restrooms and break
rooms.
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Update on the State of California Water Shortage Emergency and Adoption of April 20, 2015
Resolution Implementing Stage 3 of the City Water Shortage Contingency Plan
• Broken or defective plumbing, sprinklers, or irrigation systems that permit the escape or
leakage of potable water must be repaired within 24 hours of the discovery of the defect
or leak.
Furthermore, this Council action will formally adopt certain regulations issued by the SWRCB
that are not specifically listed in the City's Water Shortage Contingency Plan.
As indicated above, the City's water use is already approximately 17% less than it was during
the equivalent 2013 time period. This is very close to the water conservation target of 20% set
by the State for Burlingame. However, continued conservation efforts by the community will be
needed to achieve the required overall 25% reduction statewide water use through February 18,
2016 as mandated by the Governor.
As stated above, the State has authorized issuing fines of up to $500 per violation. At this time,
staff is not requesting authority from the Council to issues fines for water use violations. Staff
will monitor the effect of the state regulations, implementation of Stage 3 of the City's Water
Shortage Contingency Plan, and the City's ongoing conservation efforts to determine if
additional enforcement in the form of fines and penalties is necessary to achieve further
reductions. Given the level of conservation that has occurred to date, staff intends to only issue
notices of violations and warnings, and work to inform the customers who may violate the state
requirements of their obligations. Based on the monitoring of water conservation efforts, staff
may return to the City Council with further updates, and/or for modifications to the regulations.
City's Current Water Conservation Programs
Prior to the drought, the City had been actively promoting and participating in various water
conservation programs including:
• Annual rebate programs in conjunction with BAWSCA for replacing old inefficient toilets
with high efficiency toilets;
• Annual rebate programs in conjunction with BAWSCA and PG&E for replacing old
inefficient washing machines with high efficiency washing machines;
• Performing water audits for large commercial customers to provide water conservation
recommendations;
• Providing water conservation education materials for schools;
• Providing water efficient landscaping classes to residents through BAWSCA;
• Providing water conservation giveaways, such as low flow shower heads, spray nozzles,
moisture sensors, etc. at community events;
• Adoption of an ordinance establishing indoor water use regulations requiring high
efficiency water conservation fixtures;
• Adoption of an ordinance establishing water conservation in landscaping regulations to
irrigation areas for newly developed properties;
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Update on the State of California Water Shortage Emergency and Adoption of April 20, 2015
Resolution Implementing Stage 3 of the City Water Shortage Contingency Plan
• Installation of high efficiency toilets and water -less urinals in City buildings; and
• Adoption of tiered water rates to promote water conservation.
Many of these programs target indoor water use, which provides year-round reductions for
"essential" water use and results in cost decreases for customers in both water and sewer bills.
State regulations as well as the City's Water Shortage Contingency Plan target outdoor
irrigation for water conservation because it provides the greatest opportunity to achieve water
savings by restricting non-essential outdoor water use. The most recent Executive Order
requires the SWRCB to work with agencies to implement tiered water rates to provide cost
incentives for water conservation. Consistent with this philosophy for water pricing, in January
2013 the City adopted tiered water rates.
Additionally, the City has sent citywide mailers stressing the importance of water conservation
along with indoor and outdoor conservation tips. Numerous eNews articles as well as public
billboards and roadway signage boards have also been used to remind the community of the
need to save water during the drought. Going forward, staff will be further intensifying the public
outreach and enforcement efforts to ensure that water conservation targets are met as follows:
• Water conservation mailer to customers informing them about the new regulations and
the continued need to conserve water and offering water saving tips;
• Water conservation information and updates through the eNews, water bills, garbage
bills, Chamber of Commerce newsletter and other publications;
• Inspection of complaints related to potential water use violations, follow up with the
customers, and provision of written warnings, door hangers, and issuance of violation
notices;
• Posting of water conservation information in City buildings;
• Placement of message boards with water conservation information along the major
thoroughfares; and
• Tracking and monitoring of overall citywide water consumption and reporting to the
SWRCB.
FISCAL IMPACT
Staff estimates that there will be significant immediate impact associated with staff time to
increase public outreach efforts, inspections, responses to complaints, and reporting to the
SWRCB. The exact level of effort cannot be determined at this time as it will depend on final
regulations from the SWRCB and the community response to the current drought.
In addition, as water consumption decreases, revenue to the City from water charges will also
decrease but will be partially offset by the reduction in the total cost of wholesale water
purchased from the San Francisco Public Utilities Commission (SFPUC). However, the SFPUC
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Update on the State of California Water Shortage Emergency and Adoption of April 20, 2015
Resolution Implementing Stage 3 of the City Water Shortage Contingency Plan
has already announced a 28% increase in the wholesale water rates for FY2015-16 to make up
for their revenue shortfalls from reduced water consumption. The City will be updating the water
rate model and will include decreased consumption assumptions in calculating rate
requirements. The results of the study will be brought before the Council later this year.
Exhibits:
• Resolution
• Governor's Executive Order dated April 1, 2015
• SWRCB Resolution 2014-0038
• SWRCB Resolution 2015-0013
• SWRCB Regulatory Framework dated April 7, 2015
• Burlingame Municipal Code, Chapter 15.06 for Water Shortage Emergencies
• City of Burlingame Water Shortage Contingency Plan Stages of Action
7
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME
DECLARING A WATER SHORTAGE CONDITION EXISTS, AND
IMPLEMENTING STAGE 3 OF THE CITY'S WATER SHORTAGE
CONTINGENCY PLAN
WHEREAS, California is in the fourth year of a severe drought with the lowest snowpack
on record; and
WHEREAS, over the past year, the Governor has taken unprecedented actions to target
reduction of water use within the State; and
WHEREAS, most recently on April 1, 2015, Governor Brown issued Executive Order
B-29-15 that required the first ever statewide mandatory water reductions requiring the State
Water Resources Control Board (SWRCB) to implement measures to reduce potable water
demand by 25% statewide compared to the amount used in 2013; and
WHEREAS, the target reduction articulated by the SWRCB for Burlingame is 20% as
part of the overall plan to achieve a 25% statewide reduction; and
WHEREAS, to date, SWRCB regulations have prohibited the following water uses for
Californians and businesses:
• The application of potable water to any driveway or sidewalk;
• Using potable water to irrigate outdoor landscapes in a manner that causes runoff to
adjacent property, non -irrigated areas, private and public walkways, roadways, parking
lots or structures;
• Using a hose that dispenses potable water to wash a motor vehicle, unless the hose is
fitted with a shut-off nozzle;
• Using potable water in a fountain or decorative water feature, unless the water is
recirculated;
• The application of potable water to outdoor landscapes during and within 48 hours after
measurable rainfall;
• The serving of drinking water other than upon request in eating or drinking
establishments, including but not limited to restaurants, hotels, cafes, cafeterias, bars or
other public places where food or drinks are served and/or purchased; and
• Operators of hotels and motels shall provide guests with the option of choosing not to
have towels and linens laundered daily; and
WHEREAS, SWRCB will soon be imposing the following requirements on urban water
suppliers:
• Implement water shortage contingency plans to a level where restrictions on outdoor
irrigation are mandatory;
• Report monthly water production beginning August 15 including an estimate of the
gallons per capita per day used by residential customers;
• Implement water shortage contingency plans to a level where the number of days that
outdoor irrigation of ornamental landscapes or turf with potable water is allowed (i.e., two
days per week for the City of Burlingame);
• Provide prompt notice to a customer whenever the supplier obtains information that
indicates that a leak may exist within the end-users exclusive control;
• Violations of prohibited activities are considered infractions and are punishable by fines
of up to $500 for each day in which the violation occurs; and
• Develop rate structures and other pricing mechanisms, including but not limited to
surcharges, fees, and penalties, to maximize water conservation consistent with
statewide water restrictions; and
WHEREAS, Stage 3 of City of Burlingame Water Shortage Contingency Plan, adopted
as part of the City's 2011 Urban Water Management Plan, already contains a majority of
conservation steps contained in the SWRCB regulations; and
WHEREAS, components of Stage 3 of the Water Shortage Contingency Plan for
implementation consists of:
• Water waste, flooding, or runoff into the street or gutters is prohibited;
• Hoses cannot be used to clean hard surface areas, including but not limited to
sidewalks, driveways, roofs, and awnings;
• Hoses used for vehicle or building washing must have positive shutoff valves;
• Irrigation with potable water is prohibited between the hours of 10 a.m. and 5 p.m.;
• Irrigation shall only be permitted two days per week. This provision does not apply to
hand-held hose watering of vegetation, if the hose is equipped with a positive water
shutoff valve, which is allowed between the hours of 5 p.m. and 10 a.m.;
• Potable water shall not be used to clean, fill, or maintain levels in outdoor decorative
fountains; interior fountains must recirculate water;
• Businesses must post notification of water shortage conditions in restrooms;
• Hotels must post notification of water shortage conditions in rooms;
• City buildings must post notification of water shortage conditions in restrooms and break
rooms;
• Broken or defective plumbing, sprinklers, or irrigation system which permit the escape or
leakage of potable water must be repaired within 24 hours of the discovery of the defect
or leak; and
WHEREAS, the Bay Area Water Supply and Conservation Agency (BAWSCA) is
coordinating a consistent public outreach message for outdoor irrigation restrictions that would
limit irrigation to two days per week according to the following schedule:
• Odd Address — Monday and Thursday
• Even Address —Tuesday and Friday
• No Address — Monday and Thursday.
NOW, THEREFORE, be it RESOLVED, and it is hereby ORDERED, that the City
Council declare that a water shortage condition exists in accordance with Section 15.06 of the
Burlingame Municipal Code; and
BE IT FURTHER RESOLVED that the City Council adopt water use restrictions
consistent with State regulations, the Municipal Code, and components of Stage 3 of the City's
Water Shortage Contingency Plan including to adherence to a modified BAWSCA
recommended outdoor irrigation schedule; and
BE IT FURTHER RESOLVED THERETO that the water use restrictions include all
aforementioned restrictions and actions.
Mayor
I, MARY ELLEN KEARNEY, City Clerk of the City of Burlingame, do hereby certify that
the foregoing Resolution was introduced at a regular meeting of the City Council held on the
20TH day of APRIL, 2015, and was adopted thereafter by the following vote:
AYES:
COUNCILMEMBERS:
NOES:
COUNCILMEMBERS:
ABSENT:
COUNCILMEMBERS:
City Clerk
Exerutiue Department
15tare of Zalifomio
EXECUTIVE ORDER B-29-15
WHEREAS on January 17, 2014, 1 proclaimed a State of Emergency to exist
throughout the State of California due to severe drought conditions; and
WHEREAS on April 25, 2014, 1 proclaimed a Continued State of Emergency
to exist throughout the State of California due to the ongoing drought; and
WHEREAS California's water supplies continue to be severely depleted
despite a limited amount of rain and snowfall this winter, with record low snowpack
in the Sierra Nevada mountains, decreased water levels in most of California's
reservoirs, reduced flows in the state's rivers and shrinking supplies in underground
water basins; and
WHEREAS the severe drought conditions continue to present urgent
challenges including: drinking water shortages in communities across the state,
diminished water for agricultural production, degraded habitat for many fish and
wildlife species, increased wildfire risk, and the threat of saltwater contamination to
fresh water supplies in the Sacramento -San Joaquin Bay Delta; and
WHEREAS a distinct possibility exists that the current drought will stretch into
a fifth straight year in 2016 and beyond; and
WHEREAS new expedited actions are needed to reduce the harmful impacts
from water shortages and other impacts of the drought; and
WHEREAS the magnitude of the severe drought conditions continues to
present threats beyond the control of the services, personnel, equipment, and
facilities of any single local government and require the combined forces of a mutual
aid region or regions to combat; and
WHEREAS under the provisions of section 8558(b) of the Government Code,
I find that conditions of extreme peril to the safety of persons and property continue
to exist in California due to water shortage and drought conditions with which local
authority is unable to cope; and
WHEREAS under the provisions of section 8571 of the California
Government Code, I find that strict compliance with various statutes and regulations
specked in this order would prevent, hinder, or delay the mitigation of the effects of
the drought.
NOW, THEREFORE, I, EDMUND G. BROWN JR., Governor of the State of
California, in accordance with the authority vested in me by the Constitution and
statutes of the State of California, in particular Government Code sections 8567 and
8571 of the California Government Code, do hereby issue this Executive Order,
effective immediately.
LLZTE
IT IS HEREBY ORDERED THAT:
1. The orders and provisions contained in my January 17, 2014 Proclamation,
my April 25, 2014 Proclamation, and Executive Orders B-26-14 and B-28-14
remain in full force and effect except as modified herein.
SAVE WATER
2. The State Water. Resources Control Board (Water Board) shall impose
restrictions to achieve a statewide 25% reduction in potable urban water
usage through February 28, 2016. These restrictions will require water
suppliers to California's cities and towns to reduce usage as compared to the
amount used in 2013. These restrictions should consider the relative per
capita water usage of each water suppliers' service area, and require that
those areas with high per capita use achieve proportionally greater reductions
than those with low use. The Califomia Public Utilities Commission is
requested to take similar action with respect to investor-owned utilities
providing water services.
3. The Department of Water Resources (the Department) shall lead a statewide
initiative, in partnership with local agencies, to collectively replace 50 million
square feet of lawns and ornamental turf with drought tolerant landscapes.
The Department shall provide funding to allow for lawn replacement programs
in underserved communities, which will complement local programs already
underway across the state.
4. The California Energy Commission, jointly with the Department and the Water
Board, shall implement a time-limited statewide appliance rebate program to
provide monetary incentives for the replacement of inefficient household
devices.
5. The Water Board shall impose restrictions to require that commercial,
industrial, and institutional properties, such as campuses, golf courses, and
cemeteries, immediately implement water efficiency measures to reduce
potable water usage in an amount consistent with the reduction targets
mandated by Directive 2 of this Executive Order.
6. The Water Board shall prohibit irrigation with potable water of ornamental turf
on public street medians.
7. The Water Board shall prohibit irrigation with potable water outside of newly
constructed homes and buildings that is not delivered by drip or microspray
systems.
The Water Board shall direct urban water suppliers to develop rate structures
and other pricing mechanisms, including but not limited to surcharges, fees,
and penalties, to maximize water conservation consistent with statewide
water restrictions. The Water Board is directed to adopt emergency
regulations, as it deems necessary, pursuant to Water Code section 1058.5 to
implement this directive. The Water Board is further directed to work with
state agencies and water suppliers to identify mechanisms that would
encourage and facilitate the adoption of rate structures and other pricing
mechanisms that promote water conservation. The California Public Utilities
Commission is requested to take similar action with respect to investor-owned
utilities providing water services.
INCREASE ENFORCEMENT AGAINST WATER WASTE
9. The Water Board shall require urban water suppliers to provide monthly
information on water usage, conservation, and enforcement on a permanent
basis.
10. The Water Board shall require frequent reporting of water diversion and use
by water right holders, conduct inspections to determine whether illegal
diversions or wasteful and unreasonable use of water are occurring, and bring
enforcement actions against illegal diverters and those engaging in the
wasteful and unreasonable use of water. Pursuant to Government Code
sections 8570 and 8627, the Water Board is granted authority to inspect
property or diversion facilities to ascertain compliance with water rights laws
and regulations where there is cause to believe such laws and regulations
have been violated. When access is not granted by a property owner, the
Water Board may obtain an inspection warrant pursuant to the procedures set
forth in Title 13 (commencing with section 1822.50) of Part 3 of the Code of
Civil Procedure for the purposes of conducting an inspection pursuant to this
directive.
11. The Department shall update the State Model Water Efficient Landscape
Ordinance through expedited regulation. This updated Ordinance shall
increase water efficiency standards for new and existing landscapes through
more efficient irrigation systems, greywater usage, onsite storm water
capture, and by limiting the portion of landscapes that can be covered in turf.
It will also require reporting on the implementation and enforcement of local
ordinances, with required reports due by December 31, 2015. The
Department shall provide Information on local compliance to the Water Board,
which shall consider adopting regulations or taking appropriate enforcement
actions to promote compliance. The Department shall provide technical
assistance and give priority in grant funding to public agencies for actions
necessary to comply with local ordinances.
12. Agricultural water suppliers that supply water to more than 25,000 acres shall
include in their required 2015 Agricultural Water Management Plans a
detailed drought management plan that describes the actions and measures
the supplier will take to manage water demand during drought. The
Department shall require those plans to include quantification of water
supplies and demands for 2013, 2014, and 2015 to the extent data is
available. The Department will provide technical assistance to water
suppliers in preparing the plans.
13. Agricultural water suppliers that supply water to 10,000 to 25,000 acres of
irrigated lands shall develop Agricultural Water Management Plans and
submit the plans to the Department by July 1, 2016. These plans shall
include a detailed drought management plan and quantification of water
supplies and demands in 2013, 2014, and 2015, to the extent that data is
available. The Department shall give priority in grant funding to agricultural
water suppliers that supply water to 10,000 to 25,000 acres of land for
development and implementation of Agricultural Water Management Plans.
14. The Department shall report to Water Board on the status of the Agricultural
Water Management Plan submittals within one month of receipt of those
reports.
15. Local water agencies in high and medium priority groundwater basins shall
immediately implement all requirements of the California Statewide
Groundwater Elevation Monitoring Program pursuant to Water Code section
10933. The Department shall refer noncompliant local water agencies within
high and medium priority groundwater basins to the Water Board by
December 31, 2015, which shall consider adopting regulations or taking
appropriate enforcement to promote compliance.
15. The California Energy Commission shall adopt emergency regulations
establishing standards that improve the efficiency of water appliances,
including toilets, urinals, and faucets available for sale and installation in new
and existing buildings.
INVEST IN NEW TECHNOLOGIES
17. The California Energy Commission, jointly with the Department and the Water
Board, shall implement a Water Energy Technology (WET) program to deploy
innovative water management technologies for businesses, residents,
industries, and agriculture. This program will achieve water and energy
savings and greenhouse gas reductions by accelerating use of cutting-edge
technologies such as renewable energy -powered desalination, integrated on-
site reuse systems, water -use monitoring software, irrigation system timing
and precision technology, and on-farm precision technology.
STREAMLINE GOVERNMENT RESPONSE
18. The Office of Emergency Services and the Department of Housing and
Community Development shall work jointly with counties to provide temporary
assistance for persons moving from housing units due to a lack of potable
water who are served by a private well or water utility with less than 15
connections, and where all reasonable attempts to find a potable water
source have been exhausted.
19. State permitting agencies shall prioritize review and approval of water
infrastructure projects and programs that increase local water supplies,
including water recycling facilities, reservoir improvement projects, surface
water treatment plants, desalination plants, stormwater capture, and
greywater systems, Agencies shall report to the Governor's Office on
applications that have been pending for longer than 90 days.
��
20. The Department shall take actions required to plan and, if necessary,
implement Emergency Drought Salinity Barriers in coordination and
consultation with the Water Board and the Department of Fish and Wildlife at
locations within the Sacramento - San Joaquin delta estuary. These barriers
will be designed to conserve water for use later in the year to meet state and
federal Endangered Species Act requirements, preserve to the extent
possible water quality in the Delta, and retain water supply for essential
human health and safety uses in 2015 and in the future.
21. The Water Board and the Department of Fish and Wildlife shall immediately
consider any necessary regulatory approvals for the purpose of installation of
the Emergency Drought Salinity Barriers,
22. The Department shall immediately consider voluntary crop idling water
transfer and water exchange proposals of one year or less In duration that are
initiated by local public agencies and approved in 2015 by the Department
subject to the criteria set forth in Water Code section 181.0.
23. The Water Board will prioritize new and amended safe drinking water permits
that enhance water supply and reliability for community water systems facing
water shortages or that expand service connections to include existing
residences facing water shortages. As the Department of Public Health's
drinking water program was transferred to the Water Board, any reference to
the Department of Public Health in any prior Proclamation or Executive Order
listed in Paragraph 1 is deemed to refer to the Water Board.
24. The California Department of Forestry and Fire Protection shall launch a
public information campaign to educate the public on actions they can take to
help to prevent wildfires including the proper treatment of dead and dying
trees. Pursuant to Government Code section 8645, $1.2 million from the State
Responsibility Area Fire Prevention Fund (Fund 3063) shall be allocated to
the California Department of Forestry and Fire Protection to carry out this
directive.
25. The Energy Commission shall expedite the processing of all applications or
petitions for amendments to power plant certifications issued by the Energy
Commission for the purpose of securing alternate water supply necessary for
continued power plant operation. Title 20, section 1769 of the California
Code of Regulations is hereby waived for any such petition, and the Energy
Commission is authorized to create and implement an alternative process to
consider such petitions. This process may delegate amendment approval
authority, as appropriate, to the Energy Commission Executive Director. The
Energy Commission shall give timely notice to all relevant local, regional, and
state agencies of any petition subject to this directive, and shall post on its
website any such petition.
26. For purposes of carrying out directives 2-9, 11, 16-17, 20-23, and 25.
Division 13 (commencing with section 21000) of the Public Resources Code
and regulations adopted pursuant to that Division are hereby
suspended. This suspension applies to any actions taken by state agencies,
and for actions taken by local agencies where the state agency with primary
responsibility for implementing the directive concurs that local action is
required, as well as for any necessary permits or approvals required to
complete these actions. This suspension, and those specified in paragraph 9
of the January 17, 2014 Proclamation, paragraph 19 of the April 25, 2014
proclamation, and paragraph 4 of Executive Order B-26-14, shall remain in
effect until May 31, 2015. Drought relief actions taken pursuant to these
paragraphs that are started prior to May 31, 2016, but not completed, shall
not be subject to Division 13 (commencing with section 21000) of the Public
Resources Code for the time required to complete them.
27. For purposes of carrying out directives 20 and 21, section 13247 and Chapter
3 of Part 3 (commencing with section 85225) of the Water Code are
suspended.
28. For actions called for in this proclamation in directive 20, the Department
shall exercise any authority vested in the Central Valley Flood Protection
Board, as codified in Water Code section 8521, et seq., that is necessary to
enable these urgent actions to be taken more quickly than otherwise possible.
The Director of the Department of Water Resources is specifically authorized,
on behalf of the State of California, to request that the Secretary of the Army,
on the recommendation of the Chief of Engineers of the Army Corps of
Engineers, grant any permission required pursuant to section 14 of the Rivers
and Harbors Act of 1899 and codified in section 48 of title 33 of the United
States Code.
29. The Department is directed to enter into agreements with landowners for the
purposes of planning and installation of the Emergency Drought Barriers in
2015 to the extent necessary to accommodate access to barrier locations,
land -side and water -side construction, and materials staging in proximity to
barrier locations. Where the Department is unable to reach an agreement
with landowners, the Department may exercise the full authority of
Government Code section 8572.
30. For purposes of this Executive Order, chapter 3.5 (commencing with section
11340) of part 1 of division 3 of the Government Code and chapter 5
(commencing with section 25400) of division 15 of the Public Resources
Code are suspended for the development and adoption of regulations or
guidelines needed to carry out the provisions in this Order. Any entity issuing
regulations or guidelines pursuant to this directive shall conduct a public .
meeting on the regulations and guidelines prior to adopting them.
31. In order to ensure that equipment and services necessary for drought
response can be procured quickly, the provisions of the Government Code
and the Public Contract Code applicable to state contracts, including, but not
limited to, advertising and competitive bidding requirements, are hereby
suspended for directives 17, 20, and 24. Approval by the Department of
Finance is required prior to the execution of any contract entered into
pursuant to these directives.
This Executive Order is not intended to, and does not, create any rights or
benefits, substantive or procedural, enforceable at law or in equity, against the State
of California, its agencies, departments, entities, officers, employees, or any other
person.
I FURTHER DIRECT that as soon as hereafter possible, this Order be filed in
the Office of the Secretary of State and that widespread publicity and notice be given
to this Order.
IN WITNESS WHEREOF I have
hereunto set my hand and caused the
Great Seal of the State of California to
be affixed this 1" day of April 2015,
EDMUND G. BROWN JR.
Governor of California
ATTEST:
ALEX PADILLA
Secretary of State
STATE WATER RESOURCES CONTROL BOARD
RESOLUTION NO. 2014-0038
TO ADOPT AN EMERGENCY REGULATION
FOR STATEWIDE URBAN WATER CONSERVATION
WHEREAS:
On April 25, 2014, Governor Edmund G. Brown Jr. issued an executive order to
strengthen the state's ability to manage water and habitat effectively in drought
conditions and called on all Californians to redouble their efforts to conserve water. The
executive order finds that the continuous severe drought conditions present urgent
challenges across the state including water shortages in communities and for agricultural
production, increased wildfires, degraded habitat for fish and wildlife, threat of saltwater
contamination, and additional water scarcity if drought conditions continue into 2015.
The National Integrated Drought Information System reported that nearly 80% of the
state was reported to be under "extreme" drought conditions at the end of June;
2. The executive order refers to the Governor's Proclamation No. 1-17-2014, issued on
January 17, 2014, declaring a State of Emergency to exist in California due to severe
drought conditions. The January Proclamation notes that the state is experiencing
record dry conditions, with 2014 projected to become the driest year on record. Since
January, state water officials indicate that reservoirs, rainfall totals and the snowpack
remain critically low. This follows two other dry or below average years, leaving
reservoir storage at alarmingly low levels. The January Proclamation highlights the
State's dry conditions, lack of precipitation and the resulting effects on drinking water
supplies, the cultivation of crops, and the survival of animals and plants that rely on
California's rivers and streams. The January Proclamation also calls on all Californians
to reduce their water usage by 20 percent;
3. There is no guarantee that winter precipitation will alleviate the drought conditions that
the executive orders address, which will lead to even more severe impacts across the
state if the drought wears on;
4. Water Code section 1058.5 grants the State Water Board the authority to adopt
emergency regulations in certain drought years in order to: "prevent the waste,
unreasonable use, unreasonable method of use, or unreasonable method of diversion,
of water, to promote water recycling or water conservation, to require curtailment of
diversions when water is not available under the diverter's priority of right, or in
furtherance of any of the foregoing, to require reporting of diversion or use or the
preparation of monitoring reports";
Over 400,000 acres of farmland are expected to be (allowed, thousands of people may
be out of work, communities risk running out of drinking water, and fish and wildlife will
suffer.
6. Many Californians have taken bold steps over the years and in this year to reduce water
use; nevertheless, the dire nature of the current drought requires additional conservation
actions from residents and businesses. Some severely affected communities have
implemented water rationing, limiting water use in some cases to only 50 gallons per
person per day, foregoing showers, laundry, toilet flushing, and all outdoor watering.
7. Water conservation is the easiest, most efficient and most cost effective way to quickly
reduce water demand and extend supplies into the next year, providing flexibility for all
California communities. Water saved this summer is water available next year, giving
water suppliers the flexibility to manage their systems efficiently. The more water that is
conserved now, the less likely it is that a community will experience such dire
circumstances that water rationing is required ;
8. Most Californians use more water outdoors than indoors. In many areas, 50 percent
or more of daily water use is for lawns and outdoor landscaping. Outdoor water use
is generally discretionary, and many irrigated landscapes would not suffer greatly from
receiving a decreased amount of water;
9. Public information and awareness is critical to achieving conservation goals and the
Save Our Water campaign, run jointly by the Department of Water Resources (DWR)
and the Association of California Water Agencies, is an excellent resource for
conservation information and messaging that is integral to effective drought response
(htto://saveourwater.com).
10. Enforcement against water waste is a key tool in conservation programs. When
conservation becomes a social norm in a community, the need for enforcement is
reduced or eliminated;
11. The emergency regulations set a minimum standard requiring only modest lifestyle
changes across the state. Many communities are already doing more and have been for
years. They should be commended, but can and should do more. Others are not yet
doing so and should at least do this, but should do much more given the severity of the
drought;
12. On July 8, 2014, the State Water Board issued public notice that the State Water Board
would consider the adoption of the regulation at the Board's regularly -scheduled
July 15, 2014 public meeting, in accordance with applicable State laws and regulations.
The State Water Board also distributed for public review and comment a Finding of
Emergency that complies with State laws and regulations;
13. On April 25, 2014, the Governor suspended the California Environmental Quality Act's
application to the State Water Board's adoption of emergency regulations pursuant to
Water Code section 1058.5 to prevent the waste, unreasonable use, unreasonable
method of use, or unreasonable method of diversion of water, to promote water recycling
or water conservation;
14. As discussed above, the State Water Board is adopting the emergency regulation
because of emergency drought conditions, the need for prompt action, and current
limitations in the existing enforcement process;
15. Disadvantaged communities may require assistance in increasing water conservation
and state agencies should look for opportunities to provide assistance in promoting
water conservation;
16. Nothing in the regulations or in the enforcement provisions of the regulations, preclude a
local agency from exercising its authority to adopt more stringent conservation
measures. Moreover, the Water Code does not impose a mandatory penalty for
violations of the regulations adopted by this resolution and local agencies retain their
enforcement discretion in enforcing the regulations, to the extent authorized, and may
develop their own progressive enforcement practices to encourage conservation.
THEREFORE BE IT RESOLVED THAT:
1. The State Water Board adopts California Code of Regulations, title 23, sections 863,
864, and 865, as appended to this resolution as an emergency regulation;
2. The State Water Board staff will submit the regulation to the Office of Administrative Law
(OAL) for final approval;
3. If, during the approval process, State Water Board staff, the State Water Board, or OAL
determines that minor corrections to the language of the regulation or supporting
documentation are needed for clarity or consistency, the State Water Board Executive
Director or designee may make such changes;
4. These regulations shall remain in effect for 270 days after filing with the Secretary of
State unless the State Water Board determines that it is no longer necessary due to
changed conditions, or unless the State Water Board renews the regulations due to
continued drought conditions as described in Water Code section 1058.5;
5. The State Water Board directs staff to provide the Board with monthly updates on the
implementation of the emergency regulations and their effect;
6. Directs State Water Board staff to condition funding upon compliance with the
emergency regulations, to the extent feasible;
7. Directs State Water Board staff to work with the Department of Water Resources and the
Save Our Water campaign to disseminate information regarding the emergency
regulations; and
8. Directs State Water Board staff in developing an electronic reporting portal to include
data fields so that local agencies may provide monthly reporting data on (i) conservation -
related implementation measures or enforcement actions taken by the local agency and
(ii) substitution during the drought of potable water with recycled water to extend water
supplies.
THEREFORE BE IT FURTHER RESOLVED THAT:
9. The State Water Board commends water suppliers that have increased conservation
messaging and adopted innovative strategies to enhance customer awareness of water
use, such as applications that let customers compare their water use to water use by
others; reduce system losses, such as fixing system leaks which can deplete supplies by
10 percent or more; and establish incentives to reduce demand, such as tiered or
drought rate structures. The State Water Board also commends all Californians that
have already been working to maximize their conservation efforts, both at home and at
work;
10. The State Water Board calls upon water suppliers to take the following actions:
Educate customers and employees
• Retail water suppliers should provide notice of the regulations in English and
Spanish in one or more of the following ways: newspaper advertisements, bill inserts,
website homepage, social media, notices in public libraries;
• Wholesale suppliers should include reference to the regulations in their customer
communications;
• All water suppliers should train personnel on the regulations;
• All water suppliers should provide signage where recycled or reclaimed water is
being used for activities that the emergency regulations prohibit with the use of
potable water, such as operation of fountains and other water features;
• All water suppliers should redouble their efforts to disseminate information regarding
opportunities and incentives to upgrade indoor fixtures and appliances;
• All water suppliers should use education and the tools available through the Save
Our Water website (http://saveourwater.com); and
• All water suppliers should educate and prepare their boards and councils on the
drought response actions contained in the emergency regulations and in this
resolution, and to make sure that drought response items are placed on agendas as
early as possible;
Increasing local supplies
• All water suppliers should accelerate the completion of projects that will conserve
potable water by making use of non -potable supplies, such as recycled water,
..greywater," and stormwater collection projects;
• All water suppliers should improve their leak reporting and response programs and
request that police and fire departments and other local government personnel report
leaks and water waste that they encounter during their routine duties/patrols;
• Smaller water suppliers — those with fewer than 3,000 service connections — should
take proactive steps to secure their communities' water supplies and educate their
customers about water conservation and the status of their supply reserves;
• All water suppliers should conduct water loss audits and make leak detection and
repair a top priority for the duration of the drought; and
• All urban water suppliers should evaluate their rate structures and begin to
implement needed changes as part of planning for another dry year. Information and
assistance on setting and implementing drought rates is available from the Alliance
for Water Efficiency.(http://www.allianceforwaterefFciency.ora/).
11. The State Water Board calls on all Californians to take the following additional actions:
• Further reduce water demand, whether by using less water in daily routines indoors
and out, retrofitting appliances and installing greywater and rainwater catchment
systems; and
• Check residential and business water bills to see if there are high charges that may
indicate a leak and to fix the leak, if they are able, or contact their local water utility if
they need assistance.
12. The State Water Board encourages its staff, the Department of Water Resources, the
Public Utilities Commission, urban water suppliers, and other local agencies to look for
opportunities to encourage and promote new technologies that reduce water usage,
including through timely access to water usage information and behavioral response.
13. The State Water Board encourages all state and local agencies to look for additional
opportunities to minimize potable water use in outdoor spaces.
14. The State Water Board encourages investor-owned utilities to expeditiously submit
applications for implementation of the regulations to the California Public Utilities
Commission.
CERTIFICATION
The undersigned Clerk to the Board does hereby certify that the foregoing is a full, true, and
correct copy of a resolution duly and regularly adopted at a meeting of the State Water
Resources Control Board held on July 15, 2014.
AYE:
Chair Felicia Marcus
Vice Chair Frances Spivy-Weber
Board Member Steven Moore
Board Member Dorene D'Adamo
NAY:
None
ABSENT:
Board Member Tam M. Doduc
ABSTAIN:
None
Zia-ncma,-MrQOJA
Jeani Townsend
Clerk the Board
5
PROPOSED TEXT OF EMERGENCY REGULATIONS
Article 22.5. Drought Emereencv Water Conservation
Sec. 863 Findings of Drought Emergency
(a) The State Water Resources Control Board finds as follows:
(1) On January 17, 2014, the Governor issued a proclamation of a state of
emergency under the Califomia Emergency Services Act based on drought conditions;
(2) On April 25, 2014, the Govemor issued a proclamation of a continued state of
emergency under the California Emergency Services Act based on continued drought
conditions:
(3) The drought conditions that formed the basis of the Governor's emergency
proclamations continue to exist;
(4) The present year is critically dry and has been immediately preceded by two or
more consecutive below normal, dry, or critically dry_years; and
(5) The drought conditions will likely continue for the foreseeable future and
additional action by both the State Water Resources Control Board and local water
suppliers will likely be necessary to further promote conservation.
Authority: Wat. Code, & 1058.5.
References: Wat. Code, §§ 102, 104, 105.
Sec. 864 Prohibited Activities in Promotion of Water Conservation
(a) To promote water conservation, each of the following actions is prohibited,
except where necessary to address an immediate health and safety need or to comply with
a term or condition in a permit issued by a state or federal agency:
(l) The application of potable water to outdoor landscapes in a manner that causes
runoff such that water flows onto adjacent property. non -irrigated areas, private and
public walkways, roadways, parking lots, or structures;
(2) The use of a hose that dispenses potable water to wash a motor vehicle, except
where the hose is fitted with a shut-off nozzle or device attached to it that causes it to
cease dispensing water immediately when not in use;
(3) The application of potable water to driveways and sidewalks; and
(4) The use of potable water in a fountain or other decorative water feature,
except where the water is part of a recirculating system.
(b) The taking of any action prohibited in subdivision (a) of this section, in
addition to any other applicable civil or criminal penalties, is an infraction, punishable by
a fine of up to five hundred dollars ($500) for each day in which the violation occurs.
Authority: Wat. Code, S 1058.5.
References: Wat. Code, H 102, 104, 105.
PROPOSED TEXT OF EMERGENCY REGULATIONS
Sec. 865 Mandatory Actions by Water Suppliers
(a) The term "urban water supplier," when used in this section refers to a supplier
that meets the definition set forth in Water Code section 10617 except it does not refer to
suppliers when they are functioning solely in a wholesale capacity, but does ap nilly to
suppliers when they are functioning in a retail capacity.
(b)(1) To promote water conservation each urban water supplier shall implement
all requirements and actions of the stage of its water shortage contingency plan that
imposes mandatory restrictions on outdoor irrigation of ornamental landscapes or turf
with potable water.
(2) As an altemative to subdivision (b)(1) an urban water supplier may submit a
request to the Executive Director for approval of an alternate plan that includes
allocation -based rate structures that satisfies the requirements of cha tep r 3.4
(commencing with section 370) of division 1 of the Water Code and the Executive
Director may approve such an alternate plan upon determining that the rate structure in
conjunction with other measures, achieves a level of conservation that would be su ep rior
to that achieved by implementing limitations on outdoor irrigation of omamental
landscapes or turf with potable water by the persons it serves to no more than two days
per week.
(c) To promote water conservation, each urban water supplier that does not have a
water shortage contingency plan or has been notified by the Department of Water
Resources that its water shortage contingency plan does not meet the requirements of
Water Code section 10632 shall, within thirty (30) days limit outdoor irrigation of
ornamental landscapes or turf with potable water by the persons it serves to no more than
two days per week or shall implement another mandatory conservation measure or
measures intended to achieve a comparable reduction in water consumption by the
persons it serves relative to the amount consumed in 2013.
(d) In furtherance of the promotion of water conservation each urban water
supplier shall prepare and submit to the State Water Resources Control Board by the 15th
of each month a monitoring report on forms provided by the Board. The monitoring
report shall include the amount of potable water the urban water supplier produced
including water provided by a wholesaler, in the preceding calendar month and shall
compare that amount to the amount produced in the same calendar month in 2013
Beginning October 15, 2014, the monitoring report shall also estimate the gallons of
water per person per day used by the residential customers it serves. In its initial
monitoring reporteach urban water supplier shall state the number of persons it serves
(e) To promote water conservation each distributor of a public water supply, as
defined in Water Code section 350 that is not an urban water supplier shall within thirty
(30) days, take one or more of the following actions:
(1) Limit outdoor irrigation of ornamental landscapes or turf with potable water
by the persons it serves to no more than two days per week; or
(2) Implement another mandatory conservation measure or measures intended to
achieve a comparable reduction in water consumption by the persons it serves relative to
the amount consumed in 2013.
Authority: Wat. Code, & 1058.5.
References: Wat. Code. &5 102,104,105; 350; 10617; 10632.
STATE WATER RESOURCES CONTROL BOARD
RESOLUTION NO. 2015-0013
TO ADOPT AN EMERGENCY REGULATIONS FOR
STATEWIDE URBAN WATER CONSERVATION
WHEREAS:
On April 25, 2014, Governor Edmund G. Brown Jr. issued an executive order
(April 2014 Proclamation) to strengthen the State's ability to manage water and habitat
effectively in drought conditions, and called on all Californians to redouble their efforts to
conserve water. The April 2014 Proclamation finds that the continuous severe drought
conditions present urgent challenges across the State, including water shortages in
communities and for agricultural production, increased wildfires, degraded habitat for fish
and wildlife, threat of saltwater contamination, and additional water scarcity, if drought
conditions continue into 2015. The April 2014 Proclamation also suspends the
environmental review required by the California Environmental Quality Act to allow the
emergency regulation and other actions to take place as quickly as possible;
2. The April 2014 Proclamation refers to the Governor's Proclamation No. 1-17-2014,
issued on January 17, 2014, declaring a drought State of Emergency to exist in
California due to severe drought conditions (January 2014 Proclamation). The January
2014 Proclamation finds that dry conditions and lack of precipitation present urgent
problems to drinking water supplies and cultivation of crops, which put farmers' long-
term investments at risk. The conditions also threaten the survival of animals and plants
that rely on California's rivers, including many species in danger of extinction. The
January 2014 Proclamation also calls on all Californians to reduce their water usage by
20 percent;
3. On December 22, 2014, in light of the continued lack of rain, Governor Brown issued
Executive Order B-28-14, which extends the California Environmental Quality Act
suspension through May 31, 2016 for Water Code section 13247 and certain activities
identified in the January 2014 and April 2014 proclamations;
Drought conditions are continuing. As of March 3, 2015, snow water equivalents for the
Northern, Central, and Southern Sierra regions were at 16 percent, 20 percent, and
21 percent of normal for that date, respectively. Additionally, most reservoirs are less
than 60 percent full and January 2015 was one of the driest months ever recorded in
California history. Moreover, many communities face the prospect of needing
emergency drinking water supplies;
5. The likelihood that any additional precipitation will significantly reduce the severity of
drought conditions this year is extremely low;
Water Code section 1058.5 grants the State Water Board the authority to adopt
emergency regulations in certain drought years in order to: "prevent the waste,
unreasonable use, unreasonable method of use, or unreasonable method of diversion,
of water, to promote water recycling or water conservation, to require curtailment of
diversions when water is not available under the diverter's priority of right, or in
furtherance of any of the foregoing, to require reporting of diversion or use or the
preparation of monitoring reports';
7. On July 15, 2014, the State Water Board adopted an emergency regulation to support
water conservation (Resolution No. 2014-0038), and that regulation became effective
July 28, 2014 upon approval by the Office of Administrative Law (OAL);
8. The current emergency regulation will expire on April 25, 2015;
9. The current emergency regulation has supported Californians' water conservation
efforts, with over 119 billion gallons saved from August 2014 through January 2015;
10. Many Californians have taken bold steps over the years and in this year to reduce water
use; nevertheless, the dire nature of the current drought requires additional conservation
actions from residents and businesses. Some severely -affected communities have
implemented water rationing, limiting water use in some cases to only 50 gallons per
person per day, foregoing showers, laundry, toilet flushing, and all outdoor watering;
11. Water conservation is the easiest, most efficient and most cost-effective way to quickly
reduce water demand and extend supplies into the next year, providing flexibility for all
California communities. Water saved this summer is water available later in the season
or next year, giving water suppliers the flexibility to manage their systems efficiently;
12. In many areas, 50 percent or more of daily water use is for lawns and outdoor
landscaping. Outdoor water use is generally discretionary, and many irrigated
landscapes would not suffer greatly from receiving a decreased amount of water;
13. Most urban water suppliers have placed restrictions on outdoor watering, but the State
Water Board has nevertheless received many reports of excessive water use;
14. Education and enforcement against water waste is a key tool in conservation programs.
When conservation becomes a social norm in a community, the need for enforcement is
reduced or eliminated;
15. Public information and awareness is critical to achieving conservation goals, and the
Save Our Water campaign, run jointly by the Department of Water Resources (DWR)
and the Association of California Water Agencies, is an excellent resource for
conservation information and messaging that is integral to effective drought response
(http://saveou rwater.com);
16. Other parts of the world have faced social and economic hardship due to severe
drought. Californians must continue to make lifestyle changes, including landscape
choices that conserve even more water;
17. On March 6, 2015, the State Water Board issued public notice that it would consider the
adoption of the emergency regulation at the Board's regularly -scheduled March 17, 2015
public meeting, in accordance with applicable State laws and regulations. The State
Water Board also distributed for public review and comment a Finding of Emergency that
complies with State laws and regulations;
18. As discussed above, the State Water Board is adopting the emergency regulation
because of the continuing emergency drought conditions, the need for prompt action,
and the need to act before the current emergency regulation expires on April 25, 2015;
and
19. Nothing in the regulation or in the enforcement provisions of the regulation precludes a
local agency from exercising its authority to adopt more stringent conservation
measures. Moreover, the Water Code does not impose a mandatory penalty for
violations of the regulation adopted by this resolution, and local agencies retain the
enforcement discretion in enforcing the regulation to the extent authorized. Local
agencies are encouraged to develop their own progressive enforcement practices to
promote conservation.
THEREFORE BE IT RESOLVED THAT:
1. The State Water Board re -adopts California Code of Regulations, title 23, sections 863,
864,and 865, as appended to this resolution as an emergency regulation;
2. State Water Board staff will submit the regulation to the OAL for final approval;
3. If, during the approval process, State Water Board staff, the State Water Board, or OAL
determines that minor corrections to the language of the regulation or supporting
documentation are needed for clarity or consistency, the State Water Board Executive
Director or designee may make such changes;
4. This regulation shall remain in effect for 270 days after filing with the Secretary of State
unless the State Water Board determines that it is no longer necessary due to changed
conditions, or unless the State Water Board renews the regulation due to continued
drought conditions as described in Water Code section 1058.5;
5. The State Water Board directs staff to provide the Board with monthly updates on the
implementation of the emergency regulation and its effect;
6. The State Water Board directs staff to condition funding upon compliance with the
emergency regulation, to the extent feasible;
7. The State Water Board directs staff to work with the DWR and the Save Our Water
campaign to disseminate information regarding the emergency regulations; and
8. The State Water Board directs staff to update the electronic reporting portal to include
data fields for local agencies to report on compliance and enforcement activities.
THEREFORE BE IT FURTHER RESOLVED THAT:
9. The State Water Board commends Californians who heeded the call for conservation
and have helped to save over 119 billion gallons from August 2014 through
January 2015. The State Water Board calls upon Californians to redouble their
conservation efforts in the face of a fourth year of severe drought. For homeowners and
businesses that have delayed removing turf, planting drought -tolerant landscapes, or
installing efficient irrigation systems, the time to act is now;
10. The State Water Board calls upon water suppliers to ensure that they have adequate
personnel and financial resources to implement conservation requirements not only for
2015, but also for another year of drought should it occur. Water suppliers that face
budget shortfalls due to reduced sales should take immediate steps to raise necessary
revenues in a way that actively promotes continued conservation. In Resolution
No. 2014-0038, the State Water Board called on all urban water suppliers to evaluate
their rate structures and begin to implement needed changes as part of planning for
another dry year. These efforts should be continued and redoubled;
11. Disadvantaged communities may require assistance in increasing water conservation
and State agencies should look for opportunities to provide assistance in promoting
water conservation;
12. The State Water Board calls upon all water suppliers to take further actions to increase
water conservation, such as by:
a. providing customers with timely and easy -to -understand information on the average
b. number of gallons they use each month and each day within their billing period;
accelerating the completion of projects that will conserve potable water by making
use of non -potable supplies, such as recycled water and stormwater collection
projects; and
c. accelerating projects to fix leaks, and to conduct a system -wide water loss audit as
soon as possible;
13. The State Water Board calls upon the restaurant and hospitality industry to take further
actions to increase water conservation, such as by utilizing water efficient pre -rinse
spray valves for dish washing and training staff on the new regulation so that the
minimum amount of water is used to wash towels and linens: and
14. The State Water Board directs staff to develop a statewide portal for reporting water
waste.
CERTIFICATION
The undersigned Clerk to the Board does hereby certify that the foregoing is a full, true, and
correct copy of a resolution duly and regularly adopted at a meeting of the State Water
Resources Control Board held on March 17. 2015.
AYE:
Chair Felicia Marcus
Vice Chair Frances Spivy-Weber
Board Member Tam M. Doduc
Board Member Steven Moore
Board Member Dorene D'Adamo
NAY:
None
ABSENT:
None
ABSTAIN:
None
C(.(ltXilz t.�
Jean' Townsend
Clerk o the Board
ADOPTED TEXT OF EMERGENCY REGULATION
Article 22.5. Drought Emergency Water Conservation
Sec. 863 Findings of Drought Emergency
(a) The State Water Resources Control Board finds as follows:
(1) On January 17, 2014, the Governor issued a proclamation of a state of
emergency under the California Emergency Services Act based on drought conditions;
(2) On April 25, 2014, the Governor issued a proclamation of a continued state of
emergency under the California Emergency Services Act based on continued drought
conditions;
(3) The drought conditions that formed the basis of the Governor's emergency
proclamations continue to exist;
(4) The present year is critically dry and has been immediately preceded by two or
more consecutive below normal, dry, or critically dry years; and
(5) The drought conditions will likely continue for the foreseeable future and
additional action by both the State Water Resources Control Board and local water
suppliers will likely be necessary to further promote conservation.
Authority: War. Code, § 1058.5.
References: War. Code, §§ 102, 104, 105.
Sec. 864 Pfahibit.a n etivitiesEnd-User Requirements in Promotion of Water
Conservation
(a) To promote water conservation, each of the following actions is prohibited,
except where necessary to address an immediate health and safety need or to comply with
a term or condition in a permit issued by a state or federal agency:
(1) The application of potable water to outdoor landscapes in a manner that causes
runoff such that water flows onto adjacent property, non -irrigated areas, private and
public walkways, roadways, parking lots, or structures;
(2) The use of a hose that dispenses potable water to wash a motor vehicle, except
where the hose is fitted with a shut-off nozzle or device attached to it that causes it to
cease dispensing water immediately when not in use;
(3) The application of potable water to driveways and sidewalks; -and
(4) The use of potable water in a fountain or other decorative water feature,
except where the water is part of a recirculating system.;
(5) The application of potable water to outdoor landscapes during and within
48 hours after measurable rainfall: and
(6) The serving of drinking water other than upon request in eating or drinking
establishments, including but not limited to restaurants hotels cafes cafeteriasbars or
other public places where food or drink are served and/or purchased.
(b) To promote water conservation, operators of hotels and motels shall provide
guests with the option of choosing not to have towels and linens laundered daily. The
hotel or motel shall prominently lay notice of this option in each guestroom using
clear and easily understood language.
(1}4(c) The taking of any action prohibited in subdivision (a) or the failure to take
any action required in subdivision (b) of this seefie , in addition to any other applicable
civil or criminal penalties, is an infraction, punishable by a fine of up to five hundred
dollars ($500) for each day in which the violation occurs.
Authority: Wat. Code, § 1058.5.
References: Wat. Code, §§ 102, 104, 105.
Sec. 865 Mandatory Actions by Water Suppliers
(a) The term "urban water supplier," when used in this section, refers to a supplier
that meets the definition set forth in Water Code section 10617, except it does not refer to
suppliers when they are functioning solely in a wholesale capacity, but does apply to
suppliers when they are functioning in a retail capacity.
(b)(1) To promote water conservation, each urban water supplier shall implement
all requirements and actions of the stage of its water shortage contingency plan that
imposes -includes mandatory restrictions on the number of days outdoor irrigation of
ornamental landscapes or turf with potable water is allowed, or shall amend its water
shortage contingency plan to include mandatory restrictions on the number of days that
outdoor irrigation of ornamental landscapes or turf with notable water is allowed and
implement these restrictions within forty-five (45) days. Urban water suppliers with
approved alternate plans as described in subdivision (b)(2) are exempted from this
requirement.
(2) As an ultemeAive to subdivision (b)(1) aAn urban water supplier may submit a
request to the Executive Director for approval of an alternate plan that includes
allocation -based rate structures that satisfies the requirements of chapter 3.4
(commencing with section 370) of division 1 of the Water Code, and the Executive
Director may approve such an alternate plan upon determining that the rate structure, in
conjunction with other measures, achieves a level of conservation that would be superior
to that achieved by implementing limitations on outdoor irrigation of ornamental
landscapes or turf with potable water by the persons it serves to no more than two days
per week.
(c) To promote water conservation, each urban water supplier that does not have a
water shortage contingency plan that restricts the number of days that outdoor irrigation
of ornamental landscapes and turf with potable water is allowed, or has been notified by
the Department of Water Resources that its water shortage contingency plan does not
meet the requirements of Water Code section 10632 shall, within thitzty-fo -five (3AL5)
days, limit outdoor irrigation of ornamental landscapes or turf with potable water by the
persons it serves to no more than two days per weekof shall implement anet-her
mandatary ren ervatienffleasofe or fneasures intended to aehi,...,. a ,.,...,.,,sable redtie fie_
.,..................
tert:,..t by the persons it s ..ela4:. e t,. Ae. a .nt een-.,......oa in 201 3.
rt u v (d) In furtherance of the promotion of water conservation each urban water
supplier shall:
(1) Provide prompt notice to a customer whenever the supplier obtains
information that indicates that a leak may exist within the end-users exclusive control.
(22,) Prepare and submit to the State Water Resources Control Board by the 15`11 of
each month a monitoring report on forms provided by the Board. The monitoring report
shall include the amount of potable water the urban water supplier produced, including
water provided by a wholesaler, in the preceding calendar month and shall compare that
amount to the amount produced in the same calendar month in 2013.Beginning 0 ober
°� '�4The monitoring, report shall specify the population served by the urban water
supplier, the percentage of water produced that is used for the residential sector,
descriptive statistics on water conservation compliance and enforcement efforts and the
number of days that outdoor irrigation is allowed. The monitoring report shall also
estimate the gallons of water per person per day used by the residential customers it
serves. r„_:9initial .. nits_ing report, each urba.i wa4er suppi:,._ shall state the flumber
Pefsens
it
(e) To promote water conservation, each distributor of a public water supply, as
defined in Water Code section 350, that is not an urban water supplier shall, within 49fty
forty-five (30445) days, take one or more of the following actions:
(1) Limit outdoor irrigation of ornamental landscapes or turf with potable water
by the persons it serves to no more than two days per week; or
(2) Implement another mandatory conservation measure or measures intended to
achieve a eefnpaeable20en rcent reduction in water consumption by the persons it serves
relative to the amount consumed in 2013.
Authority: Wat. Code, § 1058.5.
References: Wat. Code, §§ 102,104,105; 350; 10617; 10632.
The Governor's April 1, 2015 Executive Order directs the State Water Board to impose
restrictions to achieve an aggregate statewide 25% reduction in potable urban water use
through February 2016. The Executive Order stipulates the 25% reduction in water use as
compared to 2013, but proposes flexibility In how to achieve this reduction in recognition of the
level of conservation already achleved by many communities around the State.
Ir�ut Requested: The State Water Board is interested in receiving feedback on these
regulatory concepts as well as other ideas on how a 25% reduction could be structured. Please
submit comments and ideas on the proposed framework by email to Jessica Bean at
Jessica.Bean@waterboards,ca.gov by April 13, 2015.
Urban Water Suppliers
I. Apportioning Water Supplier Reductions: The Executive Order directs the State Water
Board to consider the relative per capita water usage of each water suppliers' service area,
and have those areas with high per capita use achieve proportionally greater reductions
than those with low use. Reporting on residential per capita (R-GPCD) water use began in
October 2014 for the September 2014 reporting period. Residential per capita water use is
highest during the summer months when outdoor Irrigation demand is high. Reported
summertime water use is also generally more consistent because the weather varies less
from year to year than during the winter. Accordingly, September 2014 R-GPCD serves as a
reasonable basis for placement of the 411 urban water suppliers into five categories as
follows:
R-GPCD Range (Sept 2014)
# of -Suppliers within Range
Conservation standard
Under55
18
10%
55-110
126
20%,
110-165
132
25%
Over 165
135
35%
The proposed breakdown of water suppliers into R-GPCD groupings with corresponding
y conservation standards Is intended to equitably and effectively achieve a 25% aggregate
statewide reduction in potable urban water use.
Draft Regulatory Framework*** April 7, 2015 Page 1
II. New Reporting Requirements: To assess compliance by commercial, industrial, and
institutional (CII) sector customers and actions taken by urban water suppliers to reduce CII
sector use, the following additional reporting requirements are proposed:
• Wnthly commercial sector use;
• Monthly large landscape commercial customer use (e.g. golf courses, amusement
parks);
• Monthly industrial sector use;
• Monthly institutional sector use; and
• Monthly large landscape institutional customer use (e.g. cemeteries, college campuses).
Reporting requirements under the existing Emergency Regulation that took effect March
27, 2015, will remain In effect.
ill. Compliance Assessment., To determine if urban water suppliers are meeting required use
reductions, water production data, as reported by each individual water supplier for the
. months of June 2015 through February 2016, will be compared to the same perlod(s) in
2013. Given the severity of the current drought, the State Water Board will assess suppliers'
compliance for both monthly and cumulative water usage reductions.
IV. Enforcement:
The State Water Board has a variety of tools available to enforce its regulations:
• Informal enforcement, such as warning letters, can provide a clear reminder to water
suppliers of the requirements and an alert that their conservation programs are not
achieving the desired water savings. Warning letters would generally not be
accompanied by monetary penalties
• Formal enforcement actions Include Cease and Desist Orders (CDO) to stop non-
compliant activity. These Orders generally contain a description of the specific actions,
and a timellne for implementing them, required for the recipient to return to
corripliance. Non-compliance with a CDO during a drought emergency, such as the
current one, can result in a complaint to assess Administrative Civil Liabilities of up to
$10,000 for each day of non-compliance.
In addition to these existing tools, other tools may be needed to ensure compliance for the
short duration of the regulations. These tools would be developed through the emergency
rulemaking and would be rema In in effect for Its duration (2.70 days unless extended by the
State Water Board). The tools include:
Draft Regulatbry Framework*** April 7, 2015 Page 2
• Informational Orders that would enable the Board to require specific data and other
facts on conservation practices if conservation targets are not being met.
• Conservation Orders that would go into effect immediately upon receipt, as opposed to
CDOs that can only be issued and enforced after the State Water Board holds an
evidehtiary hearing, if one is requested. A conservation order would describe the
specific actions required for the recipient to come Into compliance With the
requirements of the regulation. Issuance of a conservation orderwould be subject to
reconsideration by the Board and violation of a conservation order would not be subject
to the enhanced penalties associated with violation of a CDO during a drought
emergency.
The tools will be used alone, or in combination, to address the following compliance problems:
• Failure of water suppliers to file reports as required by the regulation;
• Failure to implement prohibitions and restrictions as described In the Governor's
Executive Orders and the emergency regulation; and
• Failure of water suppliers to meet the assigned water use reduction target.
Small Water Suppliers
There are over 2,600 small water suppifers (those with fewer than 3,000 service connections)
that provide water to over 1.5 million Californians. Under the existing Emergency Regulation
that took effect March 27, 2015, these suppliers are required to either limit outdoor irrigation
to no more than two times per week or to Institute measures that achieve a 20% reduction in
use. Small suppliers are not required to report their water production to the Board, but are
expected to have the data available on request. Small suppliers will need to contribute to
achieving the statewide 25% potable urban water use reduction called for in the Executive
Order.
1. Apportioning Water Supplier Reductions: Up until the release of the April 1, 2015
Executive Order, all water suppliers were being asked to achieve a voluntary 20% reduction
in water use. The existing emergency regulation assigns responsibilities to both larger
urban water suppliers and small suppliers to restrict irrigation to -achieve the 20% reduction
target. Under this proposal, small water suppliers would be required to achieve_ a 25%
water savings as compared to their 2013 water use under the new regulation.
Draft Regulatory Framework ***April 7, 2015 Page 3
II. Reporting Requirements: To date, small water suppliers have not been required -to report
on their water use or conservation measures. Small suppliers would now be directed to
provide a one-time report to the State Water Board, 180 days after the effective date of the
new emergency regulation, addressing at a minimum:
• Potable water production from June -November 2013 and June -November 2015;
• The number of days per week outdoor Irrigation is allowed and other restrictions
implemented to achieve a 25% water use reduction, and
• Specific restrictions on CII sector use. `
111. Compliance Assessment: Compliance would be based upon whether small suppliers
submitted the required data and met the 25% water use reduction requirement.
IV. Enforcement: The State Water Board may use any of the tools discussed above, as
appropriate.
Additional Prohibitions and End -User Requirements
The State Water Board's existing emergency regulation includes a number of water use
prohibitions that apply to all Californians and end-user restrictions that apply to specific water
users, such as restaurants and hotels. These existing restrictions will remain in effect, and
consistent with the Executive Order, the following new prohibitions will be put in place:
• The use of potable water outside of newly constructed homes and buildings that is not
delivered by drip or micro -spray systems will be prohibited; and
• The use of potable water to irrigate ornamental turf on public street medians will be
prohibited.
The State Water Board will also consider adding requirements for large landscape users (e.g.
commercial, industrial, institutional) not served by either type of water supplier discussed
above to achieve the 25% statewide reduction In potable urban water use.
Draft Regulatory Framework "* April 7, 2015 Page 4
MANDATORY CONSERVATION
ACHIEVING A 25% STATEWIDE REDUCTION IN POTABLE URBAN WATER USE
FACT SHEET
Background
With California facing one of the most severe droughts on record, Governor Brown declared a drought
State of Emergency in January 2014. Since that time, the Governor has Issued three additional ExQrUtive
Orders directing actions to prepare for water shortages. Foithe first time in state history, the.Governor,
In his April 1, 2015 Executive Order, directed the State Water Board to Implement mandatory water
reductions in cities and towns across California to reduce potable urban water usage by 25 percent
statewide. This savings amounts to approximately 1.3 million acre-feet of water over the next nine
months, or nearly as much water as is currently in Lake Omville. To achieve these savings, the State
Water Board Is expediting emergency regulations to set usage targets for communities around the State.
Applicability
The mandatory water reductions, along with specific restrictions on commercial, Industrial and
Institutional irrigation uses, apply to urban water suppliersas defined in water code section 10617,
excluding wholesalers. Generally, urban water suppliers serve more than 3,000 customers or deliver
more than 3,000 acre feet of water per year. Suppliers regulated by the Public Utilities Commission are
Included In the mandatory water restrictions. The Executive Order requests that the Public Utilities
Commission require Investor-owned water utilities to implement reductions consistent with the State
Water Board requirements for all other urban water suppliers. The specific restrictions and prohibitions
on water use in the Executive Order apply to all Californians and are in addition to the specific
restrictions and prohibitions contained In the emergency conservation regulation approved by the Office
of Administrative Law (CAL) on March 27, 2015.
Proposed Schedule
The State Water Board Is expediting the development and adoption of additional regulations to
Implement the new restrictions and prohibitions contained in the Executive Order. There will be several
opportunities for stakeholder involvement priorto the release of the formal notice of emergency
rulemaking. The first opportunity follows the release of a Proposed Regulatory Framework and the
second will follow the release of -draft a regulation, as follows:
• Governor issues Drought Executive Order
April 1, 2015
• Notice announcing release of draft regulatory
April 7,2015
framework and request for public comment
• Notice announcing release of draft
April 17, 2015
regulation for Informal public comment
• Emergency rulemaking formal notice
April 28, 2015
• Board hearing and adoption
May 5 or 6, 2015
Mandatory Conservation Regulation FACT SHEET*** April 7, 2015 Page 1
Content of Emergency Rulemaking Package
This rulemaking package will address the following provisions of the April 1, 2015 Executive Order:
Ordering Provision 2:
Mandatory 25% reduction in potable urban water use; .
Ordering Provision 5:
Commercial, industrial and institutional potable water use reductions;
Ordering Provision 6:
Prohibition on using potable water for Irrigation of ornamental turf In street
medians; and
Ordering Provision 7:
Prohibition on using potable waterfor irrigation outside of new,home
construction without drip or micro -spray systems.
Rate structures end other pricing mechanisms, which are very important tools for reducing water use,
will be taken up in the coming weeks as required by Ordering Provision 8.
How You Can Help
To meet a mid-May to June 1 timeline for implementation of the emergency regulation, interested
persons and organizations will be requested to provide input within one week of a document's release.
To assist the Board In most thoughtfully addressing this dire situation, please consider the following
general questions as you prepare your comments:
1. Are there other approaches to achieve a 25% statewide reduction in potable urban water use
that would also impose a greater responsibility on water suppliers with higher per capita water
use than those that use less?
2. How should the regulation differentiate between tiers of high, medium and low per capita water
users?
3. Should water suppliers disclose their list of actions to achieve the required water reductions?
4. Should these actions detail specific plans for potable water use reductlons In the commercial,
Industrial, and Institutional (CII) sectors?
5. Should additional information be required in the monthly conservation reports for urban water
suppliers to demonstrate progress towards achieving the required water reductions?
6. How and when should compliance with the required water reductions be assessed?
7. What enforcement response should be considered if water suppliers fall to achieve their
required water use reductions?
How to Provide Input
Information Including discussion drafts, draft regulations and related materials will be available on the
State Water Board's website at:
htto://www.waterboards.ca.eov/waterrights/water Issues/programs/drought/emergencv mandatory
regulations.shtml . Clear and concise written comment and questions can be sent to Jessica Bean at
jessica.bean@ waterboards.ca.gov,
Mandatory Conservation Regulation FACT SHEET *** April 7, 2015 Page 2
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Chapter 15.06 WATER SHORTAGE EMERGENCIES
Burlingame Municipal Code
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Title 15 WATER AND SEWERS
http://gcode. us/codes/burlingam e/view.php?topic= l5-15_06&showAll=...
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Chapter 15.06 WATER SHORTAGE EMERGENCIES
15.06.010 Implementation of chapter.
(a) The provisions of this chapter shall be implemented only upon adoption by the city council of a declaration
that a water shortage condition exists that requires special conservation measures or emergency allocation measures
pursuant to California Water Code Sections 350 et seq.
(b) The provisions of the chapter shall be of no further force or effect when the city council determines that a
water shortage condition no longer exists. (Ord. 1101 § 1, (1977); Ord. 1365 § 1, (1988))
15.06.020 Definitions.
For the purposes of this chapter, the following terms, phrases, words and their derivations shall have the meaning
given in this chapter:
(a) "Customer" is any person using water supplied by the Burlingame water department.
(b) "Director" is the director of public works of the city of Burlingame.
(c) "Emergency allocations" are the allocations allowed various classifications of customers to achieve a specific
reduction in water use necessitated by a water shortage of emergency proportions.
(d) "Person" is any person, firm, partnership, corporation, company or organization of any kind.
(e) "Special conservation measures" are the measures required to achieve a specific reduction in water use
necessitated by a water shortage which has not reached emergency proportions.
(f) "Unit of water" is one thousand (1,000) gallons of water.
(g) "Water" is water from the water department.
(h) "Water department" is the Burlingame municipal water system.
(i) "Water shortage" means a water shortage condition declared by the city council pursuant to Sections 350 et
seq. of the Water Code. (Ord. 1101 § 1, (1977); Ord. 1365 § 1, (1988))
15.06.030 Allocations.
When the city council declares a water shortage that requires emergency allocations, it shall specify in the
declaration the specific allocations required to achieve the specified reduction in water use. The allocations may
include any or all of the following classifications:
(a) Single -party residential and multifamily residential customers, including a minimum or lifeline allocation;
(b) Nonresidential customers:
(1) Industrial customers using process water to manufacture, alter, convert, clean, heat or cool a product,
including water used in laundries and recycled car wash facilities,
(2) Industrial, commercial (including nonrecycled car wash facilities) and governmental agency customers;
(c) Irrigation and Outside Water Usage Customers. Irrigation of lawns, gardens, playfields, parks, median strips
and landscaping of any type. (Ord. 1101 § 1, (1977); Ord. 1365 § 1, (1988))
15.06.040 Regulations and restrictions.
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Chapter 15.06 WATER SHORTAGE
http://qcode.us/codes/burlingame/view.phpAopic=l5-15_06&showAll=...
The city council at the time it declares a water shortage may adopt water use regulations and restrictions, including,
but not limited to any or all of the following:
(a) Broken or defective plumbing, sprinklers, watering or irrigation systems which permit the escape or leakage
of water shall be immediately repaired.
(b) Irrigation of lawns, gardens, playfields, parks, median strips and landscaping of any type shall be reduced by
an amount determined by the city council to be necessary to achieve the goals set forth in its declaration of a water
shortage.
(c) No use of water shall be allowed which results in flooding or runoff in gutters, driveways or streets.
(d) When a hose is used for washing cars, buses, boats, trailers or other vehicles, or washing building structures
or parts thereof, or any similar purpose, it shall have a positive shutoff valve.
(e) Use of a hose for the purposes set forth in subsection (d) of this section shall be prohibited.
(f) Restaurants shall serve water to customers only upon request.
(g) No water shall be used to clean, fill or maintain levels in decorative exterior fountains; interior fountains must
recirculate water.
(h) "Sidewalks, walkways, driveways, patios, parking lots, tennis courts or other hard -surfaced areas shall not be
cleaned using water from hoses or by other use of water directly from faucets or other outlets.
(i) Draining and filling of any existing or new swimming pools with city -supplied water shall be prohibited.
0) Service connections for new construction incorporating water -saving devices shall be granted as long as
conditions of this chapter are met, provided no residential landscaping shall be installed during the water shortage.
(k) Construction water for consolidation of backfill and other nondomestic uses shall be denied if other methods
of water sources can be used.
(1) No new residential irrigation services shall be permitted, and additional water shall not be allowed for
expansion of existing irrigation facilities. (Ord. 1101 § 1, (1977); Ord. 1365 § 1, (1988))
15.06.050 Exceptions.
Considerations for exceptions regarding allocations of water or from any of the regulations and restrictions set forth
herein shall be as follows:
(a) Written applications for exceptions shall be made to the City of Burlingame Water Department, 501 Primrose
Road, Burlingame, California 94010.
(b) Each application shall be reviewed and determined by the director. Denials of applications may be appealed to
the city council whose decision shall be final.
(c) The only grounds for granting such exceptions are:
(1) Undue hardship to the applicant, including adverse economic impacts such as loss of production or jobs;
(2) A condition affecting the health, sanitation or safety of the applicant or the general public.
Prior to granting an exception, the director must be satisfied that all practical water conservation measures have
been adopted by the applicant. (Ord. 1101 § 1, (1977); Ord. 1365 § 1, (1988))
15.06.060 Penalties for excess water consumption.
The following penalties may be imposed on excess water consumption:
(a) Excess Use Charge. The city council shall set by resolution an amount to be added to the normal cost per unit
for each unit in excess of allocation.
(b) Flow -restricting Devices. The city manager may, after one written warning, direct the installation of a
flow -restricting device on the service line of any customer observed by city personnel to be violating any of the
2 of 3 4/13/2015 2:37 PM
Chapter 15.06 WATER SHORTAGE EMERGENCIES http://gcode.us/codes/burlingame/view.php?topic=l5-15_06&showAll=...
regulations and/or exceeding water allocations hereinabove set forth.
Charges for installation and removal of flow -restricting devices shall be set by council.
First installation shall be a minimum of three (3) days, second and last installation, ten (10) days minimum.
(c) Discontinuance of Water Service. Continued water consumption in excess of the allocation may result in the
discontinuance of water service by the water department. A reactivation charge shall be paid prior to reactivating the
service. (Ord. 1101 § 1, (1977); Ord. 1365 § 1, (1988))
15.06.070 Enforcement.
The director, all employees of the water department, public works department and fire department have the duty
and are authorized to enforce the provisions of this chapter and shall have all the powers and authority contained in
California Penal Code Section 836.5, including the power to issue written notices to appear. (Ord. 1101 § 1, (1977);
Ord. 1365 § 1, (1988))
View the mobile version.
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Table 15
Water Shortage Contingency Plan - Stages of Action (a)
City of Burlingame, California
Stage of
Supply
Action
Reduction
Cutbacks a
Reduction Methods
Stage 1
5%
Indoor (5%)
• Water waste, flooding, or runoff into the street or gutters is prohibited.
Watch
Outdoor (5%)
• Hoses cannot be used to clean hard surface areas, including but not
limited to sidewalks, driveways, roofs, and awnings.
• Hoses used for vehicle or building washing must have positive shutoff
valves.
Stage 11
10%
Indoor (5%)
• Stage 1 Reduction Methods and the following method.
Alert
Outdoor (25%)
• Irrigation with potable water is prohibited between the hours of 10 a.m.
and 5 pro.
Stage 111
20%
Indoor (10%)
• Stage 2 Reduction Methods and the following methods.
Warning
Outdoor (50%)
• No irrigation shall be permitted on any day other than Monday and
Thursday. This provision does not apply to hand-held hose watering
of vegetation, if the hose is equipped with a positive water shutoff
valve, which is allowed between the hours of 5 p.m. and 10 a.m.
• Potable water shall not be used to clean, fill, or maintain levels in
outdoor decorative fountains; interior fountains must recirculate water.
• Businesses must post notification of water shortage conditions in
restrooms.
• Hotels must post notification of water shortage conditions in rooms.
• City buildings must post notification of water shortage conditions in
restrooms and break rooms.
• Broken or defective plumbing, sprinklers, or irrigation system which
permit the escape or leakage of potable water must be repaired within
24 hours of the discovery of the defect or leak.
Stage IV
30%
Indoor (15%)
• Stage 3 Reduction Methods and the following methods.
Crisis
Outdoor (75%)
• All irrigation with potable water is prohibited unless performed with a
hose equipped with a positive shutoff valve.
• Restaurants and hotel banquets shall serve water to customers only
• upon request.
• Draining and/or filling any existing or new swimming pools with
potable water is prohibited.
The use of potable water for construction uses or street sweeping is
is prohibited.
Stage V
50%
Indoor (35%)
• Stage 4 Reduction Methods and the following methods.
Emergency
Outdoor (100%)
• All irrigation with potable water is prohibited.
• The use of potable water for vehicle washing is prohibited.
Notes:
(a) From City of Burlingame Water Shortage Contingency Plan, June 2011.
2010 Urban Water Management Plan ERLER & KALINOWSKI, INC.
6/12/2011 Page 1 of 1 EKI (A20031.18)
AGENDA ITEM NO: 7 OC
BURLINGAME STAFF REPORT ���'�'{�.j� MEETING DATE: April 20, 2015
To: Honorable Mayor and City Council
Date: April 20, 2015
From: Syed Murtuza, Director of Public Works — (650) 558-7230
Subject: Follow up to the City Council's Request to Consider Increasing the
Frequency of the Traffic Safety and Parking Commission Meetings
Staff recommends that the City Council review and discuss the information presented in this
staff report to consider increasing the frequency of the Traffic Safety and Parking Commission
(TSPC) meetings from the current schedule of once a month to twice a month or to hold special
meetings on an as -needed basis; and provide direction to staff.
BACKGROUND
At the February 17th, 2015 City Council meeting, as part of the Future Agenda Items, the
Council expressed a desire to discuss the possibility of increasing the frequency of the TSPC
meetings from the current schedule of once a month to twice a month in order to help facilitate
timely input by the TSPC into the processing of the General Plan Update, and also to expedite
other ongoing traffic safety and parking issues heard by the Commission on a regular basis.
DISCUSSION
Currently, the TSPC meets once every second Thursday of each month to discuss traffic
circulation, pedestrian safety concerns, and parking matters. The role of the TSPC has
historically been to serve as an initial venue of the City to receive public comments, concerns
and inquiries for issues related to traffic and pedestrian safety, and parking related matters. The
TSPC meetings are staffed by the Engineering Program Manager, Augustine Chou and the
Transportation Engineer, Andrew Wong. An Administrative Assistant is also utilized for the
purpose of transcribing the meeting minutes. In addition, the meeting is attended by the Police
Department's Traffic Sergeant to provide reference and guidance regarding traffic
enforcement/violation matters. The Engineering staff is primarily responsible for all aspects of
the meeting, including preparation of the agenda and performing all necessary work prior to the
meeting as follows:
• Receive and respond to all public inquiries through written and telephone medium.
• Conduct necessary field surveys, data collection, traffic studies and warrant analysis
1
Consideration of Increasing the Frequency of the Traffic Safety and April 20, 2015
Parking Commission Meetings
work to help with preparation of staff reports.
• Conduct neighborhood meetings with affected residents and businesses.
• Prepare staff reports and supporting documents including the preparation of PowerPoint
presentations and visual aids.
• Review and approve transcribed meeting minutes for TSPC distribution.
• Coordinate with TSPC Chair and Vice -chair for preparing and finalizing the meeting
agenda material, and
• Provide technical support and attend TSPC sub -committee meetings.
Depending on the situation, it currently takes an average of 62 to 85 hours of staff time to
prepare for the monthly TSPC meeting. When there have been controversial items on the
agenda, it has taken more than 100 hours of staff time to prepare for the meeting. In the
remaining time during each month, staff performs other duties such as managing CIP project
design and construction contracts; traffic control review for encroachment permits; plan
checking of private development projects; events permits review; coordination with local schools
on traffic issues; addressing traffic safety problems that typically do not go to the TSPC; and
representing the City on regional transportation projects such as Caltrain Electrification and
Smart Corridor Project. The attached Exhibit A shows the list of current projects and work load
for the Engineering Program Manager and the Transportation Engineer. These listed duties are
in addition to managing the TSPC meetings and associated work load. The addition of a
second, regular monthly TSPC meeting will require more staff time for the preparation of the
meeting, agenda, and associated work prior to that meeting. This additional work will severely
impact staff's capacity to handle their other ongoing projects and responsibilities. As one can
see from the list of projects in Exhibit A, the two Engineering staff members currently dedicated
to traffic/transportation/parking related work have a considerable list of tasks for which they are
responsible. And, over the years, the demand for traffic/transportation/parking services has
increased, producing a growing backlog of work. This backlog will be further exacerbated by
the addition of the second monthly TSPC meeting, unless additional staffing resources are
provided.
The need for a second monthly meeting may not be as essential as originally considered since
much of the work involved in traffic inquiries and concerns is typically addressed by staff as part
of their daily duties. In many situations, public inquiries and concerns that are presented at the
monthly TSPC meeting are redirected to staff for response or action on a staff -level. In other
situations, public inquiries and concerns regarding traffic/pedestrian safety matters have been
directly addressed by Engineering staff before being brought up at the TSPC.
Where the Commission is most effective is in situations where it is presented with
traffic/pedestrian safety matters that require broader public involvement. In those cases, the
need for meetings is extended over a concentrated period of time, sometimes ranging from two
to six months depending on the project scope. Historically, the use of an ad-hoc or special
meeting by the TSPC on an as -needed basis has been most effective to address special
situations. The recent examples of ad-hoc and special meetings included the following projects:
R
Consideration of Increasing the Frequency of the Traffic Safety and
Parking Commission Meetings
April 20, 2015
EI Camino Real/Floribunda Intersection Left Turn Project; Mercy High School/Sisters of Mercy
traffic issues on Adeline and Alvarado Avenues; and Caltrain railroad corridor safety and safety
fencing.
In summary, staff believes the need for additional TSPC meetings can be handled through
special meetings, or ad-hoc meetings on an as -needed basis. However, if the Council would like
to consider implementing a second regular monthly TSPC meeting, it would be critical to also
consider adding necessary staffing to support the added work load. In this way, the City will
avoid the increase of backlog of work load that would inevitably occur without the additional
staffing resources.
FISCAL IMPACT
The fiscal impact will depend on the option selected by the City Council. If the Council wishes
to hold special meetings or ad-hoc meetings of the TSPC on an as -needed basis, the impact will
be minimal as staff will be able to adjust the priorities of the work program on a short-term basis,
and accommodate the special or ad-hoc meetings on an as -needed basis without additional
staffing. However, if the Council wishes to add a second regular monthly meeting of the TSPC,
additional staffing will be necessary to address the increased work load. The cost of additional
staffing is unknown at this time, and will be determined if needed based on Council direction.
Exhibit
• Current Projects and
Transportation Engineer
Ongoing Duties of the Engineering Program Manager and
3
Current Projects and Ongoing Duties for the Engineering Program
Manager & Transportation Engineer
The following is a brief overview of current projects and ongoing duties and responsibilities of the
Engineering Program Manager and the Transportation Engineer in the Engineering Division of the Public
Works Department, in addition to management of the Traffic Safety and Parking Commission and
participation in the Bicycle Pedestrian Advisory Committee.
General Traffic Engineering/Parking related responsibilities
• Coordination and review of traffic work related to Public Works, Parks & Recreation, and Police
Department projects
• Traffic control plan review for:
o Standard encroachment permits
o Minor construction
o Special events
• Traffic count program (annual city-wide counts and on -demand site-specific counts)
• Roadway striping and markings
• Traffic Signal Maintenance
• Radar Speed Studies
o Field work and analyses
o Data collection and calculations
o Preparation of report on results
• Stop Sign Warrant Analysis
• Pedestrian Safety Studies
• Smart parking meters monitoring/regular parking meters
o Continued monitoring of usage
o Data collection
o Coordinate with Police Department on problems & repairs
• Parking Management (On -street and City Lots)
o Manage and monitor conditions of on -street parking and parking lot spaces
• Coordinate with Police and Corp Yard maintenance staff on needed work
• Parking Lots striping and numbering work
• Coordinate parking meter repairs/replacement/removal
o Up-keep/update City website for parking
o Parking strategies for Burlingame Avenue & Broadway
New/revised signage improvements
Page 1 of 3
• Traffic analysis for private developments
o Large developments
• "Millennium"/Burlingame Point development
• Summer Hill Homes development
o Medium/small developments
• "Sunrise" senior facility development
• "The Trousdale" senior facility development
• Represent Burlingame on regional traffic/transportation matters
o Caltrans Freeway Ramp Metering program
o San Mateo County Smart Corridor program
o Caltrain Railroad Electrification project
General Engineering Responsibilities
• Engineering plan checks/reviews for private development
o Residential construction
o Commercial business construction
• Ex. Go -Kart Racer, Tennis club facility, Basketball club facility
Grant Applications Work
• Research & prepare grant applications
o Collect pertinent data
o Research background/support information
o Collect/solicit support letters
o Write grant applications
o Prepare required documentation per grant requirements such as resolutions and
agreements
• Prepare for and make presentations to scoring boards/panels
• Prepare staff reports, agreements, and resolutions to Council
Coordination of Grant -Funded CIP Proiects with Caltrans MTC and Caltrans
• Serve as Single Point of Contact for federally funded grant projects
o Maintain MTC's Federal Management System (FMS) records for federal projects
o Manage City's compliance of Disadvantaged Business Enterprise (DBE) program for
Caltrans administered/funded project contracts
• Carolan Avenue Complete Streets Project
o Manage Project Engineering Design
o Generate and maintain quarterly project progress reports for SMCTA
o Track, prepare, and submit payment invoices to SMCTA for grant reimbursement costs
o Prepare all grant/Caltrans required documentation for E-76 clearance to proceed
Caltrans Local Assistance Preliminary Environmental Studies (PES) and Field
Review documents
o Project Management
Page 2 of 3
• Review and process consultant/contractor invoices for services
• Design and project document/specification work
• Coordination of public meetings
• Answer public inquiries regarding project
• U.S. Highway 101/Broadway Interchange Project
o Attend weekly construction team meetings
o Coordinate between Caltrans, Ghilotti Construction, and SMCTA on project construction
affecting Burlingame
o Manage project -related public information duties
o Manage City portion of the project impacting City roadways and utilities
o Meet with local businesses and business groups regarding construction
o Answer calls and public drop-in inquiries regarding the project
• California Drive Roundabout Project
o (See above duties)
• Broadway Grade Separation PSR Project
o (See above duties)
Capital Improvement Projects
• Larkspur/Linden Avenues Traffic Circle
o Prepare plans and specifications
o Calculate and prepare Engineer's Estimate for cost
o Advertise project and obtain bids (formal and informal, depending on estimated project
amount)
o Award contract and manage project
• Inspect project in coordination with Public Works inspectors
• Process contractor invoices and payment
• Meet with public about project as needed
Answer calls and public drop-in inquiries regarding the project
Coordinate with Corp Yard personnel for underground utilities coordination
• Burlingame Station Crosswalk/Access Ramp Relocation Project
o (Same as above duties)
• Annual Street Resurfacing Program
o (Same as above duties)
• Annual Thermoplastic Striping Program
o (Same as above duties)
• Pedestrian/School Safety Improvement projects
o (Same as above duties)
• Bayshore Corridor Signal Improvement project
o (Same as above duties)
Page 3 of 3
NWh
BURL,irvcA = AGENDA NO: 10d
STAFF REPORT
MEETING DATE: April 20, 2015
To: Honorable Mayor and City Council
Date: April 20, 2015
From: William Meeker, Community Development Director — (650) 558-7255
Subject: Procedure for Appointment of Community Advisory Committee Members
for General Plan Update
The City Council is asked to consider MIG's and staff's recommendations regarding the
membership of the Community Advisory Committee (CAC) for the General Plan Update, to
indicate whether or not it concurs with staff's recommendation regarding the appointment
procedure for CAC members, and to provide further direction as necessary.
BACKGROUND
About the General Plan and Zoning Ordinance Update:
The General Plan is the City of Burlingame's overarching policy document and governs all land
use, transportation, environmental, economic development, historic preservation, sustainability,
and community health decisions made by the City Council. The document also articulates the
community's vision for the future and will guide growth, change and development in Burlingame
for the next 25 years. Since the City has not updated its General Plan in over 30 years, this is an
opportunity to preserve Burlingame's assets and strategically prepare for change. The General
Plan helps answer the question: "How do we want Burlingame to look, function and be
experienced in 2040? " The Zoning Ordinance is the City's primary regulatory document that
defines the specific standards and requirements necessary to implement the General Plan.
General Plan Community Engagement:
The public outreach process for the General Plan Update will involve a broad range of individuals
in the planning process. They will participate by providing information on current needs, issues,
and opportunities; encouraging ideas regarding a clear vision for Burlingame's future; and
receiving specific input on alternatives and policy concepts. The CAC is a critical part of this
engagement process, and will play an important role in plan and policy development.
Community Advisory Committee:
The CAC will represent a range of community interests to advise the project team during the
development of policies for the General Plan. Members will include representatives from a variety
1
General Plan Update CAC Appointment April 20, 2015
of organizations and perspectives including neighborhood groups, business groups,
transportation and housing advocacy groups, and environmental organizations, as well as
residents representing a range of perspectives, including youth and seniors. Ideally, the CAC
should include no more than 15 members. The attached memorandum from MIG identifies the
interest groups that they recommend for representation on the CAC.
Role of the Community Advisory Committee: The role of the Committee is to connect with the
various communities and stakeholders of Burlingame for the purpose of advising City staff and
project consultants throughout the General Plan Update process. The CAC will be active
participants in the planning process at each stage, from visioning through adoption.
Expectations of Community Advisory Committee Members: Each CAC member is expected to
attend and actively participate in all 12 meetings. CAC members will serve as liaisons to their
constituent groups, inviting input into the process and encouraging community participation in
public events, community workshops, and online surveys.
Community Advisory Committee Meetings: The CAC will meet up to 12 times during the course
of this 30 -month process to review and discuss emerging concepts and strategies, draft work
products, and provide community input. All CAC meetings will be open to the public and may
include public comment periods.
Community Advisory Committee Appointment Process:
As noted earlier in this report, the CAC should consist of no more than 15 members. Staff
recommends that each of the five City Council Members appoint one individual that they wish to
have serve as a CAC member. The selected individual should represent one of the interest
groups identified in MIG's memorandum. The remaining ten individuals would be selected by
staff in a manner that ensures that the broadest cross-section of community interests is
represented and with an eye to appointing individuals that will actively contribute to the
discussions.
The City Council is asked to indicate whether or not it supports this appointment approach, or
may consider refinements to this approach following discussion at the April 20th meeting.
FISCAL IMPACT
None.
Attachment:
MIG Memorandum — General Plan Advisory Committee
VA
M �G
to Bill Meeker and Kevin Gardiner
from Dan Amsden, Ellie Fiore and Laura Stetson
re General Pian Community Advisory Committee
date 3/31/2015
The following list can help the City identify members for the Community Advisory
Committee. The group should include 10-15 individuals representing a range of interests.
Balance representation from the following groups to ensure no single interest is over-
represented. Some community members from the groups below may represent multiple
organizations or interests.
Residents (3-4 members):
• Ensure diversity by:
o tenure (renter/owner split)
o geography (hills/flats; north/ south)
o age (include seniors and youth, Millennials)
• Resources:
o Burlingame Neighbor Network
o Students in Action
o Former Planning Commissioners or Council Members
Business Community (2-3 members):
• Chamber of Commerce
• Rollins Road Industrial
• Auto Row
• Broadway Merchants Association
• Burlingame Corridor
• Downtown BID
PLANNING I DESIGN I C O M M U N I C A T I O N S I M A N A G E M E N T I T E C H N O L O G Y I SCIENCE
800 Hearst Avenue • Berkeley, CA 94710 • USA • 510-845-7549 www.migcom.com
Offices in: California • Colorado • New York • North Carolina Oregon • Texas
• Bayshore
• Hotel Association
Real Estate and Development (2 members)
• Developers
• Property Owners
• Commercial Tenants
• Real Estate Association
Commissioners (2-3 members):
• Traffic, Safety and Parking
• Parks and Recreation
• Planning
Community -Based Organizations (1-2 members)
• Bike/Ped
• Affordable Housing
• Historic Preservation
• Environment
Other (1-2 members)
• Faith -Based community leaders
• Major landowners
• Friends of Mills Canyon
• HIP Housing
• MidPen Housing
MIG, Inc. 2