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Agenda Packet - CC - 2018.10.15
City Council City of Burlingame Meeting Agenda - Final BURLINGAME CITY HALL 501 PRIMROSE ROAD BURLINGAME, CA 94010 Council Chambers7:00 PMMonday, October 15, 2018 CLOSED SESSION - 6:00 p.m. - Conference Room A Approval of the Closed Session Agendaa. Closed Session Community Forum: Members of the Public May Address the Council on any Item on the Closed Session Agenda at this Time b. Adjournment into Closed Sessionc. Conference with Labor Negotiators (Gov. Code Section 54957.6) City designated representatives: Timothy L. Davis, Sonya M. Morrison, Kathleen Kane, Carol Augustine, and Lisa K. Goldman Employee Organizations: Burlingame Police Officers Association, Burlingame Police Sergeants Association, and Association of Police Administrators d. 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 Presentation to Hyatt Regency San Francisco Airport Celebrating Its 30th Anniversary in Burlingame a. Page 1 City of Burlingame Printed on 12/5/2018 October 15, 2018City Council Meeting Agenda - Final 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. Adoption of City Council Meeting Minutes October 1, 2018a. Meeting MinutesAttachments: Adoption of a Resolution Cancelling the Procurement of Five Public Safety Vehicles for the Police Department b. Staff Report Resolution Resolution No. 111-2018 Attachments: Adoption of a Resolution Approving the Updated Sanitary Sewer Management Planc. Staff Report Resolution SSMP Summary of Changes Updated SSMP Attachments: Adoption of a Resolution Approving the Final Parcel Map (PM 17-01), Lot Merger of Portions of Lot 3, Block 5, Map of Burlingame Land Company No. 2 Subdivision at 1128 and 1132 Douglas Avenue d. Staff Report Resolution Final Parcel Map April 24, 2017 Planning Commission Minutes Attachments: Adoption of a Resolution Approving the City of Burlingame Response Letter to the 2017-2018 San Mateo County Civil Grand Jury Report: “Smoke-Free Multitenant House: No Ifs, Ands Or Butts.” e. Staff Report Resolution Grand Jury Response Letter Grand Jury Report Attachments: Page 2 City of Burlingame Printed on 12/5/2018 October 15, 2018City Council Meeting Agenda - Final 9. PUBLIC HEARINGS (Public Comment) 10. STAFF REPORTS AND COMMUNICATIONS (Public Comment) Discussion of Burlingame Aquatic Center Pool Renovationa. Staff Report District PowerPoint presentation Attachments: City Council Direction Regarding the Proposal to Increase the Parking Meter Time Limits and Consider Parking Meter Rate Changes On Broadway between El Camino Real and California Drive b. Staff Report Parking Map of Broadway Broadway BID Petition Email Correspondence from residents and businesses Attachments: Adoption of a Resolution Authorizing the City Manager to Execute an Agreement with Tyler Technologies, Inc. for the Munis® Enterprise Resource Planning (ERP) System and Implementation Services for the City of Burlingame c. Staff Report Resolution Draft Agreement Exhibit E - Statement of Work Exhibit J - Integrations Exhibit Attachments: Update on Long-Term Unfunded Post-Employment Liabilities and Optionsd. Staff Report CalPERS Asset Allocation Attachments: 11. COUNCIL COMMITTEE AND ACTIVITIES REPORTS AND ANNOUNCEMENTS Councilmembers report on committees and activities and make announcements. Vice Mayor Colson's Committee Reporta. Committee ReportAttachments: Councilmember Beach's Committee Reportb. Committee ReportAttachments: 12. FUTURE AGENDA ITEMS Page 3 City of Burlingame Printed on 12/5/2018 October 15, 2018City Council Meeting Agenda - Final 13. ACKNOWLEDGMENTS The agendas, packets, and meeting minutes for the Planning Commission, Traffic, Safety & Parking Commission, Beautification Commission, Parks & Recreation Commission and Library Board of Trustees are available online at www.burlingame.org. 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, November 5, 2018 VIEW REGULAR COUNCIL MEETING ONLINE AT www.burlingame.com/video 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. Page 4 City of Burlingame Printed on 12/5/2018 Agenda Item 8a Meeting Date: 10/15/18 Burlingame City Council October 1, 2018 Unapproved Minutes 1 BURLINGAME CITY COUNCIL Unapproved Minutes Regular Meeting on October 1, 2018 1. CALL TO ORDER A duly noticed regular meeting of the Burlingame City Council was held on the above date in the City Hall Council Chambers. 2. PLEDGE OF ALLEGIANCE TO THE FLAG The pledge of allegiance was led by Burlingame student Jack Parker. 3. ROLL CALL MEMBERS PRESENT: Beach, Brownrigg, Colson, Keighran, Ortiz, Charlotte Parker (Mayor for the Day) MEMBERS ABSENT: None After the roll call, Mayor for the Day Charlotte Parker was excused due to previous engagements. 4. CLOSED SESSION There was no closed session. 5. UPCOMING EVENTS Mayor Brownrigg reviewed the upcoming events taking place in the city. 6. PRESENTATIONS a. BUSINESS LANDSCAPE AWARD Beautification Commissioner Richard Kirchner explained that the Business Landscape Award recognizes the efforts of businesses to beautify Burlingame and to encourage attractive landscaping improvements in the community. He announced that the 2018 winner was the Camino Real Pet Clinic. He showed pictures of the property and discussed the work that had gone into the property. Agenda Item 8a Meeting Date: 10/15/18 Burlingame City Council October 1, 2018 Unapproved Minutes 2 Camino Real Pet Clinic was presented with a plaque and a Dale Perkins watercolor of their business. b. SUSTAINABLE RESIDENTIAL AWARD Beautification Commissioner Richard Kirchner presented the second annual Sustainable Residential Landscape Award to Dr. Jeffrey Schubiner and Adrienne Leigh. He showed pictures of their front yard and presented them with a plaque. c. UPDATE ON SEA LEVEL RISE: JOINT PRESENTATION BY THE SAN MATEO COUNTY OFFICE OF SUSTAINABILITY AND BURLINGAME DEPARTMENT OF PUBLIC WORKS DPW Murtuza introduced Hillary Papendick from the San Mateo County Office of Sustainability. Mr. Murtuza explained that Burlingame has been collaborating with San Mateo County for the last few years concerning the impacts of sea level rise on the community. Ms. Papendick began with a brief overview. She explained that in 2015, the County Board of Supervisors launched “Sea Change SMC”. The goals of this initiative were to increase awareness and understanding of sea level rise and climate change, and increase coordination of sea level rise planning throughout the county. She noted that evidence shows that the cost of doing nothing to prepare for the impacts of sea level rise exceeds the cost of adapting by approximately 400%. Next, Ms. Papendick reviewed sea level rise projections. She noted that there has been an 8-inch rise in sea level since 1900. She explained that in reviewing the data, there is a 66% probability that in 2030, sea level rise will be as high as 6 inches; in 2050 it will be as high as 13.2 inches; and in 2100 as high as 40.8 inches. She noted that these numbers could increase as a result of climate change. Ms. Papendick discussed the finalized vulnerability assessment that the Board of Supervisors adopted. She stated that the assessment provides an overview of what is at risk from current and future flooding and erosion in the county. She explained that the assessment included three different sea level rise scenarios (low risk, medium risk, and high risk) and undertook 30 case studies throughout the county. She noted that one of the case studies was the Bayshore Highway in Burlingame. Ms. Papendick walked the Council through the three different sea level rise scenarios. In the low risk scenario, there are small amounts of overtopping with 24 inches of sea level rise. In the medium risk scenario with 36 inches of sea level rise, there is a large amount of overtopping near SFO. In the high risk scenario, there is 52 inches of sea level rise, and the Anza Lagoon Area becomes inundated. Councilmember Beach asked if she was correct that if a 50-year storm occurred today, it would equate to the medium risk scenario. Ms. Papendick replied in the affirmative. Councilmember Beach stated that in 2050, there is a 66% probability of 12 inches of sea level rise. She asked if she was correct that a five-year storm could cause 12 inches of sea level rise. Ms. Papendick replied Agenda Item 8a Meeting Date: 10/15/18 Burlingame City Council October 1, 2018 Unapproved Minutes 3 in the affirmative. She added that the projections for 2030 and 2050 could occur today as a result of winter storms. Ms. Papendick discussed the City’s vulnerabilities as outlined in the vulnerability assessment. She stated that a major difficulty for the City will be that there are multiple property owners along the shoreline, and therefore the City will need to work with several parcel owners. Additionally, she discussed other vulnerabilities the City has including: a. Hotel access could be cut off b. Underground parking plus first floor of hotels could flood c. High reliance on pump stations d. Potential for widespread inundation around US 101 In reviewing the next steps, Ms. Papendick stated that a main goal of Sea Change SMC is to provide support and technical assistance to the City in utilizing the vulnerability assessment and developing solutions. She explained that they have received grant funds to look at other climate change impacts. Additionally, she stated that Sea Change SMC will be creating a sea level rise toolkit that includes planning and policy templates. Lastly, she discussed the formation of a Climate Collaborative Steering Committee. Supervisor Dave Pine spoke next and thanked the City for putting this item on the agenda. He explained that this is a difficult policy issue because while it is clear that sea level rise is occurring, it is not visible to the naked eye. Additionally, it is hard to scope the issue because there is no straightforward solution to an issue that has no end date and no clear timeline. He stated that while the County focuses on what could occur by 2100, sea level rise will continue well past 2100. He noted that each generation will have to combat sea level rise. Supervisor Pine discussed the need for collaboration in order to properly address sea level rise in the county. He explained that the County can compete for federal funding and deal with jurisdictional issues. Supervisor Pine explained that for the past five months, Sea Change SMC has been meeting with stakeholders to discuss what a countywide approach would look like. He stated that the group was setting up outreach events throughout the county in order to get public input. He stated that he hopes to have a proposal ready for the County and cities prior to the end of the year concerning what the approach would look like and how the jurisdictions would be represented. DPW Murtuza explained that to understand the implications of sea level rise on Burlingame, it is important to look at the topography of the City. He noted the seven creeks that run from the hills to the Bay. He then reviewed issues that affect how the City responds to sea level rise including: a. Multiple entry points of creeks/channels into the Bay b. Approximately three miles of shoreline (excluding Sanchez Lagoon) c. Seven creeks/channels d. Private properties and physical constraints due to proximity of private structures/buildings Agenda Item 8a Meeting Date: 10/15/18 Burlingame City Council October 1, 2018 Unapproved Minutes 4 e. Bay trail along the shoreline f. Limited options for shoreline protections He explained that under the medium risk scenario, 452 acres and 425 parcels would be impacted. The assessed value of those parcels is $1.34 billion. Additionally, the biggest assets that will be impacted are the airport hotels, manufacturing, and service industries. DPW Murtuza reviewed Foster City’s efforts. He stated that currently Foster City is protected by a levee system. He described how the water moves through the City and is then pumped back into the Bay. Foster City is working to raise the levee in order to reach FEMA certification and protect the city against future sea level rise. He explained that in 2014, FEMA determined that 85% of Foster City’s levee system did not meet FEMA requirements. FEMA granted the city a temporary “seclusion mapping,” which delayed a flood zone designation. Foster City passed a $90 million bond measure in June to start raising the levee and meet FEMA certification. It is anticipated that the construction will be completed in 2021. DPW Murtuza also reviewed what SFO is doing to combat sea level rise. He noted that approximately eight miles of the SFO perimeter runs along the Bay. He explained that SFO did not meet FEMA requirements for flood protection. As a result, SFO is considering building a sea wall. Additionally, SFO undertook a vulnerability assessment in 2015 and identified improvements that could be made along the perimeter. He noted that unlike Burlingame, SFO has full control over the land and therefore won’t have to deal with eminent domain. SFO’s improvements are projected to cost $383 million, and the construction is projected to be completed by 2028. Mayor Brownrigg asked why SFO’s defense is more expensive than Foster City’s. DPW Murtuza stated that Foster City already has a levee, so it just has to be raised. Mayor Brownrigg asked if the City’s costs would be closer to those of SFO. DPW Murtuza replied in the affirmative. Councilmember Keighran asked what year Foster City built the levee. DPW Murtuza stated that he believed it was in the 1960s. DPW Murtuza reviewed other agencies’ efforts: a. City of San Mateo formed the North Shoreview Assessment District in March 2018 to fund a portion of the levee and pump station improvements. b. City of Millbrae participates in regional County assessment. c. SF Bay Conservation and Development Commission has the adapting to Rising Tides (ART) Project. d. City/County Association of Governments (C/CAG) created a water coordination committee. DPW Murtuza reviewed what Burlingame is currently doing. He explained that the City is working with the County and neighboring cities to understand Burlingame’s options. Additionally, staff incorporated sea level rise into the General Plan Update. The Community Development Director submitted a grant application to Agenda Item 8a Meeting Date: 10/15/18 Burlingame City Council October 1, 2018 Unapproved Minutes 5 conduct a next level sea level rise study in order to advise the City on next steps. He added that the City is coordinating with the County regarding the formation of a possible regional entity that would develop consistent standards throughout the county. Councilmember Keighran asked how the cities are going to pay for sea level rise construction. Additionally, she asked if neighboring cities don’t do anything, will it affect the City’s structures. DPW Murtuza stated that neighboring city actions will affect Burlingame. He stated that this is why a collective countywide effort is important. Councilmember Keighran discussed the need for collaboration and further outreach and education in the communities about this issue. She added that she would like to see a potential timeline if all cities were involved. Vice Mayor Colson stated that there will be huge impacts on the city’s hotel industry as a result of sea level rise. She suggested using TOT funds for sea level rise and that a reserve should be established. Councilmember Ortiz agreed with Vice Mayor Colson and stated that it is important that the City start putting aside funds and creating a long-term plan. Councilmember Beach asked what the City should be doing now while the long-term goals are being prepared. She asked if the City should experiment with green infrastructure, determine where water could be stored, and determine where pumps are needed. DPW Murtuza stated that the next step for the City is to undertake a study that focuses on the geography, topography, impact on assets, and different ways to protect Burlingame. Councilmember Beach stated that it seems like what triggered Foster City and SFO to take action was FEMA stating that they are in the flood zone. She asked if the City anticipates FEMA putting the Bayfront in the flood zone. DPW Murtuza stated that FEMA previously identified large chunks of the Bayfront as being in the flood zone. But the difference with Foster City and SFO is that it was the jurisdictions’ land that was identified as being in the flood zone, not private property. Mayor Brownrigg thanked the County and staff for the presentation. He noted that there is no reason that the City shouldn’t start putting aside funds. He discussed the multi-jurisdictional agency proposed by the County. He explained that at their outreach events, the public had been asked if representatives on the agency should represent a region or if each city should have its own representative. He voiced support for each city having its own representative. He stated that it was also discussed whether the agency would handle all climate water issues including storm water or just sea level rise. Mayor Brownrigg opened the item up for public comment. No one spoke. Vice Mayor Colson asked how the City begins to assess the cost. DPW stated that the next study will give the City some idea of the cost. Agenda Item 8a Meeting Date: 10/15/18 Burlingame City Council October 1, 2018 Unapproved Minutes 6 Supervisor Pine stated that there will be another set of meetings for cities and elected officials to attend to discuss the formation of an agency. He noted that the City is asking the important questions. 7. PUBLIC COMMENT Burlingame resident Adrienne Leigh thanked the City for putting in bike lanes on the north end of California Drive. 8. CONSENT CALENDAR Mayor Brownrigg asked the Councilmembers and the public if they wished to remove any item from the Consent Calendar. Councilmember Ortiz pulled 8b, Councilmember Beach pulled item 8c, Burlingame resident Jennifer Pfaff pulled 8e. Councilmember Keighran made a motion to approve 8a, and 8d; seconded by Vice Mayor Colson. The motion passed unanimously by voice vote, 5-0. a. ADOPTION OF CITY COUNCIL MEETING MINUTES SEPTEMBER 17, 2018 City Clerk Hassel-Shearer requested Council adopt the City Council Meeting Minutes of September 17, 2018. b. ADOPTION OF AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BURLINGAME AMENDING TITLE 25 (ZONING CODE) OF THE BURLINGAME MUNICIPAL CODE, CHAPTER 25.70.034 TO AMEND HOTEL AND MOTEL PARKING REGULATIONS CDD Gardiner requested Council adopt Ordinance 1956 and Resolution Number 129-2018. Councilmember Ortiz stated that the last paragraph of the resolution references the ADU ordinance and asked that this be corrected. Acting City Attorney Schaffner stated that staff would remove references to the ADU ordinance and replace it with language included in the staff report under recommendation “A” where it begins with “amend hotel and motel parking regulations” to the end of the paragraph. Councilmember Ortiz made a motion to adopt Ordinance 1956 and the amended Resolution Number 129- 2018; seconded by Mayor Brownrigg. The motion passed unanimously by voice vote, 5-0. c. ADOPTION OF A RESOLUTION OF SUPPORT FOR MEASURE W, THE COUNTYWIDE HALF-CENT SALES TAX DESIGNED TO RELIEVE TRAFFIC CONGESTION City Manager Goldman requested Council adopt Resolution Number 130-2018. Agenda Item 8a Meeting Date: 10/15/18 Burlingame City Council October 1, 2018 Unapproved Minutes 7 Councilmember Beach stated that Get Us Moving was a project by the San Mateo County Transit District to understand community values in terms of what transportation improvements are needed. She stated that it is an important measure, and if approved, 50% of the funds would be allotted for public transit. She noted that funds would also be used for bicycle and pedestrian projects, and a significant amount of funds would come to Burlingame for local road repairs. Additionally, there are funds in the measure for grade separation. Vice Mayor Colson stated that Measure W is a half-cent sales tax that is projected to raise $80 million annually for transportation projects. She asked if Measure W has a sunset clause. Acting City Attorney Schaffner replied in the affirmative and stated that if approved, the Measure would end June 2049. Mayor Brownrigg opened the item up for public comment. No one spoke. Councilmember Beach made a motion to adopt Resolution Number 130-2018; seconded by Mayor Brownrigg. The motion passed unanimously by voice vote, 5-0. d. ADOPTION OF A RESOLUTION APPROVING THE ADDITION OF ONE NEW FULL- TIME EQUIVALENT PARKS MAINTENANCE WORKER POSITION AND AMENDING THE FISCAL YEAR 2018-19 OPERATING BUDGET TO FUND THE ADDITIONAL POSITION. HR Director Morrison requested Council adopt Resolution Number 131-2018. e. ADOPTION OF A RESOLUTION APPROVING A PROFESSIONAL SERVICES AGREEMENT WITH TJKM TRANSPORTATION ENGINEERS FOR TRAFFIC ENGINEERING SERVICES RELATED TO TRAFFIC CALMING STUDIES IN THE LYON-HOAG NEIGHBORHOOD AND VICINITY DPW Murtuza requested Council adopt Resolution Number 132-2018. Mayor Brownrigg asked if his colleagues had any questions. No questions were asked. Mayor Brownrigg opened the item up for public comment. Burlingame resident Jennifer Pfaff thanked the City for paying attention to this neighborhood. She discussed the traffic issues in Lyon-Hoag and stated that she looked forward to solutions. Traffic, Safety & Parking Commissioner Jeff Londer stated that the City had staff that could handle this study. He recommended that in the future, in order to save money, the City should utilize staff to conduct traffic studies or reach out to the County for assistance. Burlingame resident Laurel Hesselgren thanked the City for hiring a consultant to conduct the study. Agenda Item 8a Meeting Date: 10/15/18 Burlingame City Council October 1, 2018 Unapproved Minutes 8 Traffic, Safety & Parking Commissioner John Martos discussed the traffic, speeding, and parking issues in Lyon-Hoag. He added that with Facebook opening up an office on the Bayfront, these issues would only increase. He thanked the Council for hiring a consultant. Mayor Brownrigg closed public comment. Vice Mayor Colson asked if DPW Murtuza would like respond to the public comment. DPW Murtuza stated that within the study there are 50 intersections. He explained that the study would include conducting traffic counts and surveys, and examining potential improvements and their effect on neighboring streets. Accordingly, because staff currently has several projects and a two-year backlog of work, it was decided that in order to respond in a timely manner to the issues of Lyon-Hoag, a consultant should be hired. Councilmember Keighran made a motion to adopt Resolution Number 132-2018; seconded by Councilmember Ortiz. The motion passed unanimously by voice vote, 5-0. 9. PUBLIC HEARINGS There were no public hearings. 10. STAFF REPORTS AND COMMUNICATIONS a. UPDATE REGARDING TRAFFIC CALMING AND PARKING CONCERNS IN THE LYON HOAG NEIGHBORHOOD AND VICINITY City Manager Goldman explained that the City held a neighborhood meeting on May 23, 2018 to address traffic and parking concerns in the Lyon-Hoag neighborhood. She stated that staff mailed 982 notices to residents in the area. Notice of the meeting was also put in the City’s weekly e-newsletter and on Nextdoor. The meeting had great attendance with 100 residents, 24 City staff members, all five Councilmembers, and members of the Traffic, Safety & Parking Commission. City Manager Goldman reviewed the May 23, 2018 meeting. She explained that staff gave a presentation reviewing the concerns of the neighborhood. After the presentation, attendees broke into groups to discuss parking, traffic calming, and private development. She noted that Councilmembers captured comments from the three discussion groups on chart pads that were transcribed into the list of issues attached to the staff report. City Manager Goldman stated that in terms of traffic calming, the public’s main concerns were about student safety, excessive speeding, and the need for more police enforcement in problem areas. In regards to private development, the public’s concerns related to the rate of housing growth and its potential impact on residents’ quality of life, as well as existing streets and infrastructure. And in regards to parking, the public’s concerns related to limited parking and the appropriation of parking spaces outside residents’ homes by surrounding businesses and airport commuters. She explained that residents and staff discussed potential Agenda Item 8a Meeting Date: 10/15/18 Burlingame City Council October 1, 2018 Unapproved Minutes 9 solutions ranging from increased police presence and enforcement to flashing lights at crosswalks, stop signs, speed bumps, gated street entrances, and other options. City Manager Goldman stated that in the past four months, staff installed or plans to install pedestrian crossing and speed limit signs in the Lyon-Hoag neighborhood. A complete list of signage is included in the staff report. She explained that staff also trimmed trees to improve the visibility of stop signs. City Manager Goldman explained that over the past four months, the Police Department has significantly increased their presence in the neighborhood including placing a radar trailer with a cautionary speed warning in the 400 block of Bayswater Avenue. Exhibit B of the staff report includes the work that the Police did between June 8, 2018 and August 31, 2018, as compared with the same period of time in previous years. She stated that between June 8, 2018 and August 31, 2018, Police issued 58 citations, which is 38 more than during the same period in 2017. Additionally, Police conducted 130 traffic stops, and 232 passing checks. City Manager Goldman stated that Police conducted selective traffic enforcement in the neighborhood. She explained that selective traffic enforcement is when an officer parks his or her marked patrol vehicle at a specific intersection or street in response to complaints, and actively monitors the area for a specific traffic violation. She noted that while selective traffic enforcement has proven effective, Police only have enough resources to conduct such deployments at 11 locations throughout the city each week and must station personnel in other hot spots. City Manager Goldman noted the traffic calming study on the Consent Calendar for the Lyon-Hoag neighborhood and vicinity. She stated that the goal of the study is to conduct extensive community outreach through workshops and stakeholder meetings; develop traffic calming strategies and recommendations; and develop final conceptual designs and plans for traffic calming and mitigation. Next, City Manager Goldman reviewed the parking issues in the Lyon-Hoag neighborhood and vicinity. She explained that at the May 23, 2018 meeting, residents expressed concerns with limited parking in the neighborhood. She stated that parking concerns seemed to fall in two categories: supply and misappropriation. She noted that there is a perception issue that the neighborhood has become a parking lot for air travel and individuals from outside the neighborhood. City Manager Goldman stated that at the May 23 meeting, staff discussed the City’s residential parking permit program. To obtain a parking permit program in your neighborhood, a resident must submit a request to the City, and once the geographic parameters are determined by staff, the residents circulates a petition to obtain support from 67% of impacted individuals. If the resident is successful, the City may impose two- hour time limits on vehicles that do not display parking permits. She noted that only two parking permits can be purchased per household. She explained that residents in Lyon-Hoag have not submitted an application to the City for a parking permit program. City Manager Goldman explained that pursuant to State law, cars may not be parked in the same spot for more than 72 hours. After 72 hours, the vehicle may be considered abandoned or stored. At this point, the Agenda Item 8a Meeting Date: 10/15/18 Burlingame City Council October 1, 2018 Unapproved Minutes 10 vehicle can be ticketed and towed. She noted that since January 1, 2018, 185 vehicles have been ticketed in the Lyon-Hoag neighborhood. She asked Police for a breakdown of the registration of the 185 cars. She was informed that 30% were registered to Burlingame residents, 19% were registered to San Mateo residents, and 51% were registered to residents outside the immediate area. She noted that of the 19% (35 cars) registered to San Mateo residents, 17 are registered to individuals who live immediately east of Peninsula Avenue. Mayor Brownrigg opened the item up for public comment. Burlingame resident Jennifer Pfaff asked how apartments are factored into the 67% requirement for a parking permit program. DPW Murtuza stated that apartment units are treated the same as single family homes. Mayor Brownrigg explained that based on his candidate campaign experience, it is difficult to get into apartment buildings in order to drop off literature or talk to residents. He stated that he believed it would be hard for the public to circulate a petition inside an apartment building. Councilmember Keighran and Vice Mayor Colson echoed this concern and asked if the City notifies apartment units about the petition. City Manager Goldman stated that obtaining a permit program is a citizen initiative and that therefore they are responsible for obtaining signatures of those in apartments via a petition- like process. Burlingame resident Lynn Feeney stated that homeowners wouldn’t be able to obtain the required amount of signatures because of the large number of individuals living in apartments in those neighborhoods. Councilmember Beach stated that it is important to get the vote of apartment renters on issues that concern their neighborhood. Vice Mayor Colson agreed with Councilmember Beach but stated that the issue is how to communicate with apartment renters to ensure that their voice is heard. Councilmember Keighran discussed lowering the threshold in neighborhoods with apartments. City Manager Goldman and DPW Murtuza discussed the issues around permit programs and how there will always be winners and losers with these programs. City Manager Goldman stated that for those who park more than two cars on the street, they will no longer be able to because of the two hour time limit. DPW Murtuza stated that years ago, the City had tried a 51% threshold, but people were unhappy with that, so the percentage was increased. Councilmember Ortiz stated that if the permit program was approved in the Lyon-Hoag neighborhood, each apartment unit would get two parking spots. DPW Murtuza replied in the affirmative. Mayor Brownrigg stated that he believed that parking permit programs could alleviate the parking issues that the Council hears about in the community. Agenda Item 8a Meeting Date: 10/15/18 Burlingame City Council October 1, 2018 Unapproved Minutes 11 Traffic, Safety & Parking Commissioner Jeff Londer discussed the process of instituting the parking permit program. Burlingame resident John Adams expressed concern that the trees in the Lyon-Hoag neighborhood needed to be trimmed back so that the City’s signage could be seen. Burlingame resident Laura Hesselgren talked about how the neighborhood is used for airport parking and discussed requiring houses to have two-car garages. Burlingame resident Kieran Muldowney discussed the parking issues of the neighborhood and asked for signage around Victoria Park. City Manager Goldman asked if she was correct that the public didn’t need to wait for a car to be parked for 72 hours prior to calling the Police to mark a vehicle. Police Captain Matteucci replied in the affirmative and added that the clock doesn’t start running until the Police Department tags the car. Mayor Brownrigg closed public comment. Councilmember Keighran stated that the Council needed to have a conversation about the citywide issue of on-street parking. She voiced concern about the ability of garbage trucks and emergency vehicles to maneuver down a street with on-street parking. Councilmember Beach thanked the community and staff for looking into this matter and responding to the issue. She discussed making the areas around stop signs red zones in order to improve visibility. Additionally, she stated that the community needs to understand that individuals who are working in the downtown areas may need to park in their neighborhoods. Mayor Brownrigg concurred with Councilmember Keighran that the Council should discuss on-street parking. He noted that he would put this on a future agenda. b. LETTERS FROM REPRESENTATIVE SPEIER AND STATE SENATOR HILL REGARDING PENINSULA HEALTH CARE DISTRICT’S WELLNESS COMMUNITY Mayor Brownrigg stated that this was an item he asked the City Manager to put on the agenda. He explained that the Council received letters from State Senator Jerry Hill and Congresswoman Jackie Speier asking the City to hold hearings to explore the need for workforce housing and affordable housing in the Peninsula Health Care District (“PHCD”). He stated that the City has been asked to act as the broker to push PHCD down a certain path. He noted that other cities are within the PHCD including San Bruno, Millbrae, and San Mateo. Agenda Item 8a Meeting Date: 10/15/18 Burlingame City Council October 1, 2018 Unapproved Minutes 12 Acting City Attorney Schaffner stated that if the Council was to engage in the pre-decisional dialogue being requested in the letters, there might be a perception of bias on the part of the City when PHCD submits its plans. She added that this could cause a public trust issue. Councilmember Keighran explained that at the July 2, 2018 City Council meeting, the City received a presentation from PHCD updating the City on the proposed plans of the District. She stated that at this meeting, the Council already made it clear that they wanted PHCD to include affordable housing in their project. She asked that the letters from the Congresswoman and State Senator be shared with the Planning Commission, because ultimately this project will go before them. Councilmember Ortiz echoed Councilmember Keighran stating that the City has scheduled presentations with PHCD on this matter and has made their position clear that they would like to see affordable housing included. He reminded the community that PHCD is an elected board and therefore the board represents the interests of the community, and the public may make their opinions heard at PHCD’s meetings. Vice Mayor Colson stated that the only city cc’d on the letters was Burlingame, but PHCD covers other cities including Millbrae and San Mateo. She stated that the City should respond to the letter by outlining the other cities covered by PHCD and including a link to the July 2, 2018 meeting. She added that the State Senator and Congresswoman should encourage PHCD to work with the other cities in arranging presentations. Councilmember Beach echoed the Vice Mayor’s point. She stated that this conversation has to occur beyond Burlingame and in the other cities that are represented by PHCD. Councilmember Keighran suggested that the City include the July 2, 2018 meeting minutes in its response. Mayor Brownrigg thanked his colleagues for their suggestions. 11. COUNCIL COMMITTEE AND ACTIVITIES REPORTS AND ANNOUNCEMENTS a. VICE MAYOR COLSON’S COMMITTEE REPORT b. COUNCILMEMBER BEACH’S COMMITTEE REPORT 12. FUTURE AGENDA ITEMS There were no future agenda items. 13. ACKNOWLEDGEMENTS The agendas, packets, and meeting minutes for the Planning Commission, Traffic, Parking & Safety Commission, Beautification Commission, Parks and Recreation Commission and Library Board of Trustees are available online at www.burlingame.org. Agenda Item 8a Meeting Date: 10/15/18 Burlingame City Council October 1, 2018 Unapproved Minutes 13 14. ADJOURNMENT Mayor Brownrigg adjourned meeting at 9:52 pm in honor of Winifred Gogarty. Respectfully submitted, Meaghan Hassel-Shearer City Clerk 1 STAFF REPORT AGENDA NO: 8b MEETING DATE: October 15, 2018 To: Honorable Mayor and City Council Date: October 15, 2018 From: Syed Murtuza, Director of Public Works – (650) 558-7230 Subject: Adoption of a Resolution Cancelling the Procurement of Five Public Safety Vehicles for the Police Department RECOMMENDATION Staff recommends that the City Council approve the attached resolution cancelling the procurement of five Ford Interceptor Utility vehicles for the Police Department. BACKGROUND On September 4, 2018, the City Council approved the procurement of five Ford Interceptor Utility vehicles from the Ford Store San Leandro per Resolution No. 111-2018. The timely purchase of the five public safety vehicles needed to occur prior to the halt of production of the Ford Motor Company’s 2019 Interceptor Utility vehicle. The projected end date for production was scheduled for September 14, 2018; after that time, the Interceptor Utility vehicles would not be available until next year when 2020 models become available. DISCUSSION Following the City Council’s approval of Resolution No. 111-2018, staff contacted the Ford Store San Leandro to place an order for the five vehicles and was informed that the Ford Motor Company closed the order bank earlier than projected. With no viable alternative procurement options at this time, staff recommends that the City Council cancel the previously approved procurement of five public safety vehicles for the Police Department and authorize staff to rebid again in the near future to purchase the 2020 models when the Ford Motor Company begins accepting orders. FISCAL IMPACT There is no fiscal impact with this action. Exhibits: • Resolution • Resolution No. 111-2018 RESOLUTION NO. _______ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME CANCELLING THE PROCUREMENT OF FIVE PUBLIC SAFETY VEHICLES FOR THE POLICE DEPARTMENT WHEREAS, On August 10, 2018, the Public Works Department issued a Notice Inviting Sealed Bids for the procurement of five Ford Police Interceptor Utility vehicles; and WHEREAS, on August 15, 2018, the City received a total of four bid proposals, with the lowest base bid from the Ford Store San Leandro in the amount of $165,994.45; and WHEREAS, the City Council approved and awarded the bid proposal to the Ford Store San Leandro on September 4, 2018 via Resolution No. 111-2018; and WHEREAS, staff contacted the Ford Store San Leandro to place the order and was advised that the Ford Motor Company closed the order bank earlier than the projected date of September 14, 2018; and WHEREAS, there are no viable alternative procurement options at this time and therefore City staff will re-advertise for bids in order to replace the public safety vehicles that have reached their useful life when the Ford Motor Company begins accepting orders for the 2020 models. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BURLINGAME RESOLVES AND ORDERS AS FOLLOWS: 1. The procurement of five Ford Police Interceptor Utility vehicles previously approved via Resolution 111-2018 is hereby cancelled. Mayor I, MEAGHAN HASSEL-SHEARER, City Clerk of the City of Burlingame, do hereby certify that the foregoing Resolution was introduced at a regular meeting of the City Council held on the 15th day of October, 2018, and was adopted thereafter by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: City Clerk WHEREAS, the Fleet Division of the Public Works Department is responsible for vehicle maintenance services of the City's fleet and for managing the Vehicle Replacement Program in a sustainable and effective manner to ensure the City's fleet is in good operating condition; and WHEREAS, the Fleet Division has identified five public safety vehicles for the Police Department that have reached their useful life, and need to be replaced in a timely fashion due to the temporary halt of production on the Ford lnterceptor utility vehicle effective September 14, 2018; and WHEREAS, staff has been able to secure the lowest responsible bid for the procurement of five public safety vehicles from the Ford Store in the amount of $165,994.45 for the five vehicles. NOW, THEREFORE, BE lT RESOLVED, and ORDERED, that the lowest responsible bid above is approved and adopted; and BE lT FURTHER RESOLVED, that the City Manager or her designee is authorized to execute the above said procurement. Mayor l, MEAGHAN HASSEL-SHEARER, City Clerk of the City of Burlingame, do hereby certify that the foregoing Resolution was introduced at a regular meeting of the City Council held on the 4rH day of September, 2018, and was adopted thereafter by the following vote: BEACH, BROWNRIGG, COLSON, KEIGHRAN, ORTIZAYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: NONE NONE ,a/ City Clerk RESOLUIoN No. 11110L9 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME APPROVING THE PROCUREMENT OF FIVE SAFEW VEHICLES FOR THE POLICE DEPARTMENT, AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE PROCUREMENT 1 STAFF REPORT AGENDA NO: MEETING DATE: October 15, 2018 To: Honorable Mayor and City Council Date: October 15, 2018 From: Syed Murtuza, Director of Public Works – (650) 558-7230 Subject: Adoption of a Resolution Approving the Updated Sanitary Sewer Management Plan RECOMMENDATION Staff recommends that the City Council adopt the attached resolution approving the updated Sanitary Sewer Management Plan (SSMP) for the City’s wastewater collection system. BACKGROUND In 2006, the State Water Resources Control Board (SWRCB) adopted the Statewide General Waste Discharge Requirements (GWDR) permit known as Order No. 2006-0003, for wastewater collection agencies. The GWDR permit requires public agencies responsible for collection and treatment of waste water to adopt the SSMP. The SSMP provides detailed guidance and protocols regarding the requirements for maintenance and operations of the City’s Sanitary Sewer System. In October of 2007, the City of Burlingame prepared and adopted an SSMP in compliance with the requirements of the San Francisco Bay Regional Water Quality Control Board (RWQCB). The SSMP has been in place for 11 years, serving as the City’s guide for management of the operations and maintenance of the sanitary sewer system in compliance with state regulations. The Public Works Department conducts periodic internal audits every two years, and an update of the plan at least every five years, or when substantial changes are made to the program. The last update to the SSMP occurred in 2016. Since then, staff has identified some changes to personnel and job titles in the maintenance division responsible for the City’s sewer system; staff also has updated protocols related to water quality testing and public notification. As a result, the SSMP needs to be updated in accordance with state regulations. All changes to the SSMP are outlined in the attached Summary of Changes exhibit. FISCAL IMPACT There is no fiscal impact from this action. Resolution Approving SSMP Update October 15, 2018 2 Exhibits: • Resolution • SSMP Summary of Changes • Updated SSMP RESOLUTION NO. _______ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME APPROVING THE UPDATED SANITARY SEWER MANAGEMENT PLAN The City Council of the City of Burlingame, California does resolve as follows: WHEREAS, in 2006, the State Water Resources Control Board (SWRCB) adopted the Statewide General Waste Discharge Requirements (GWDR) permit known as Order No. 2006- 0003, for wastewater collection agencies; and WHEREAS, the GWDR Permit requires public agencies responsible for collection and treatment of waste water to adopt the Sanitary Sewer Management Plan (SSMP); and WHEREAS, the SSMP provides detailed guidance and protocols regarding the requirements for maintenance and operations of the sanitary sewer collection system; and WHEREAS, in October of 2007, the City of Burlingame adopted the SSMP; and WHEREAS, the last update to the SSMP occurred in 2016; and WHEREAS, there have been changes to personnel and job titles in the maintenance division responsible for the sewer system, and as a result, the SSMP needs to be updated in accordance with state regulations. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Burlingame does hereby approve the updated SSMP in accordance with state regulations. ______________________________ Mayor I, MEAGHAN HASSEL-SHEARER, City Clerk of the City of Burlingame, do hereby certify that the foregoing Resolution was introduced at a regular meeting of the City Council held on the 15th day of October, 2018, and was adopted thereafter by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ______________________________ City Clerk SANITARY SEWER MANAGEMENT PLAN CHANGE LOG DATE DESCRIPTION CHANGE/REVISION PAGE(S) 04-20-18 SSMP Cover Page Revision date change and added adoption date. i 04-18-18 Definitions, Acronyms, and Abbreviations Deleted ABAG City Clean Out- Deleted “courtesy” CMMC- Changed “Lucity CMMS that is” to “software. Design Storm- Deleted “and as more precisely defined in the Consent Decree.” Added PLAN ii 04-20-18 Table of Contents Updated page numbers vii-x 04-20-18 Table of Tables Updated page numbers vii-x 04-20-18 Table of Figures Updated page numbers and dates vii-x Appendices No Changes 04-18-18 Introduction Minor language change and updating of data in Tables 1, 2, and 3. 13-14 Element-I SSMP Goals No Changes 04-30-18 Element-II Organization II-1 Organizational chart update. Position titles updated. II-2 Position titles updated. II-3 Position title updated. Table 4- Removed names- Updated position titles. 16-19 04-20-18 Element-III Legal Authority Minor language change 20 04-04-18 Thru 04-20-18 Element-IV Operations and Maintenance Minor language changes Table 6- Updated footage and segment numbers. Table 7- Updated cleaning footage. Table 8- Updated CCTV footage. IV-2.2- Added language required by agreement with River Watch. Table 9- Updated chart IV-2.5- Added language required by agreement with River Watch. IV-2.6- Added language “the Sewer System Master Plan and” and updated budget numbers. Removed Figure 3. IV-2.7 Added language “Training methods, such as”. Appendix IV-B Deleted “45 degree or Warthog” and inserted “proper nozzle per application”. Appendix IV-D Updated budget numbers. Appendix IV-E Updated dates and added “Ditch Witch Skid Steer”. Appendix IV-F Updated inventory numbers and locations. 23-43 04-18-18 Element-V Design and Performance Provisions V-1.3 Added language “At all changes of size”. V-1.4 Deleted “An “S” shall be stamped on the curb face at the lateral location.” V-2.1.b Deleted prior testing method and replaced with “per Installation Test Standard IS-16 issued by the International Association of Plumbing and Mechanical Officials. Low Pressure Air Test.” V-2.1.c Deleted prior testing method and replaced with “by manually pulling a go, no-go deflection testing mandrel manufactured by Armco Inc. or approved equal.” V-2.2 Deleted testing methods and Tables 12 and 13. 46-49 04-05-18 Thru 04-27-18 Element-VI Overflow Emergency Response Plan VI-2 Added language required by agreement with River Watch. VI-3 “Major Spill” added. Figure 4- Updated position titles. VI-7 Added language required by agreement with River Watch. Figure 5 Updated position titles. VI- 7.2 Updated position title. VI-7.4 Added language required by agreement with River Watch. VI-7.6 Updated position title. VI-8.1 Added language required by agreement with River Watch. VI-8.4 Updated position titles. Appendix IV-G Updated contact information. VI-9.2 Added language required by agreement with River Watch. VI-9.3 Added language required by agreement with River Watch. VI-9.4 Added language required by agreement with River Watch and updated position titles. VI.10 Updated position title. VI-11 Added language required by agreement with River Watch. VI-14.4 Deleted language “provided, and” and “and “See Contractor Orientation”. 51-74 04-12-18 And 04-30-18 Element-VII FOG Control Program VII-1 Minor language changes and date changes. Table 15 Updated FOG SSO numbers Table 16 Updated dates and location of FOG SSO’s. Figure 6 Updated map and date revision. Table 17 Date revision and updated chart information. VII-2 Minor language changes and position title changes. Under bullet points for BMP’s added “Control of sanitizer and dishwasher temperatures within the sanitary waste discharge lines (placement and discharge of these appliances with respect to the GRD).” 77-81 04-12-18 And 04-20-18 Element VIII System Evaluation and Capacity Assurance Plan VIII-1 Added language “During fiscal year 2019/2020 the City plans to update the Sewer System Master Plan. The update will include flow monitoring and hydraulic modeling, manhole inspection, and CCTV inspections.” 85 04-12-18 And 04-20-18 Element IX Monitoring, Measurement & Program Modifications Updated all Tables and Figures with current information and data. IX-4 Updated dates. 87-93 04-11-18 And 04-13-18 Element X SSMP Program Audits Minor language changes and date revision. 94-95 11-15-17 Element XI Communication Program Added language required by agreement with River Watch. 102-103 Appendix A- Audit Reports Inserted past Audit reports 105 Appendix B- Log of SSMP Changes Inserted Change Log 106 Appendix C- SSMP Adoption Documents Inserted Adoption Documents 107 CITY OF BURLINGAME Sewer System Management Plan Revised October 2018 WDID # 2SSO10099 NPDES Permit No.CA0037788 effective May 8, 2013 Adopted by City Council DATE Resolution No. #-#### ii Definitions, Acronyms, and Abbreviations American Society for Testing and Materials (ASTM) American Water Works Association (AWWA) Best Management Practices (BMP) Refers to the procedures employed in commercial kitchens to minimize the quantity of grease that is discharged to the sanitary sewer system. Examples include scraping food scraps into a garbage can and dry wiping dishes and utensils prior to washing. Building Lateral Refers to the piping (upper and lower lateral) that conveys sewage from the building to the City sewer system. Calendar Year (CY) California Integrated Water Quality System (CIWQS) Refers to the State Water Resources Control Board online electronic reporting system that is used to report SSOs, certify completion of the SSMP, and provide information on the sanitary sewer system. The electronic reporting requirement became effective on May 2, 2007 in Region 2. Capital Improvement Plan (CIP) Refers to the document that identifies future capital improvements to the City’s sanitary sewer system. Cast Iron Pipe (CIP) City Refers to the City of Burlingame. City Clean Out Refers to the clean out that is typically located on the building lateral near the sidewalk (lower lateral) or at the edge of the City right-of-way. The City clean out is used to provide access for City crews to provide maintenance to the lower lateral. Not all buildings in the City have a City clean out. Closed Circuit Television (CCTV) Refers to the process and equipment that is used to internally inspect the condition of gravity sewers. Computerized Maintenance Management System (CMMS) Refers to the software used by the City to plan, dispatch, and record the work on its sanitary sewer system. Control One Refers to the Burlingame City Police dispatcher. Corrugated Metal Pipe (CMP) iii Design Storm Means a 10-year return period rainstorm with a duration of 24 hours as measured by a properly calibrated and monitored rain gage, or such rain gages, within Burlingame or, if no such gage is available, at the San Francisco International Airport. Dispatch Dispatch may refer to either Control One or the City’s computer automated dispatch system. Ductile Iron Pipe (DIP) Division of Water Quality (DWQ) Refers to the State of California Division of Water Quality of the State Water Resources Control Board. EHMW Refers to the type of high-density polyethylene pipe used by the city. The acronym stands for extra high molecular weight. Fats, Oils, and Grease (FOG) or FROG Refers to fats, oils, and grease typically associated with food preparation and cooking activities that can cause blockages in the sanitary sewer system. Feet per sec (fps) First Responder Refers to the field crew or the On Call personnel that are the City’s initial response to an SSO event or other sewer system event. Fiscal Year (FY) Means a 12-month periods beginning July 1st and ending June 30th. Food Service Establishment (FSE) Refers to commercial or industrial facilities where food is handled/prepared/served that discharge to the sanitary sewer system. Full-time Equivalent (FTE) Refers to the equivalent of 2,080 paid labor hours per year by a regular, temporary, or contract employee. General Waste Discharge Requirements (GWDR) Refers to the State Water Resources Control Board Order No. 2006-0003, Statewide General Waste Discharge Requirements for Sanitary Sewer Systems, dated May 2, 2006. Geographical Information System (GIS) Refers to the City’s system that it uses to capture, store, analyze, and manage geospatial data associated with the City’s sanitary sewer system assets. Global Positioning System (GPS) Refers to the handheld unit that is recommended to determine the longitude and latitude of sanitary sewer overflows for use in meeting CIWQS reporting requirements. iv Gallons per Day (GPD) Grease Removal Device (GRD) Refers to grease traps and grease interceptors that are installed to remove FOG from the wastewater flow at food service establishments. High Density Polyethylene (HDPE) Mercury (HG) Heating, Ventilation and Air Conditioning (HVAC) Infiltration/Inflow (I/I) Refers to water that enters the sanitary sewer system from storm water and groundwater and increases the quantity of flow. Infiltration enters through defects in the sanitary sewer system after flowing through the soil. Inflow enters the sanitary sewer without flowing through the soil. Typical points of inflow are holes in manhole lids and direct connections to the sanitary sewer (e.g. storm drains, area drains, and roof leaders). Lateral See building lateral. Legally Responsible Official (LRO) Person(s) designated by an agency to be responsible for formal reporting and certifying of all reports submitted to the CIWQS. Lower Lateral Described as the portion of the lateral that extends from the sewer main in the public right- of-way to the clean out at the property line/edge of the City right-of-way Maintenance Management System (MMS) See computerized maintenance management system. Manhole (MH) Refers to an engineered structure that is intended to provide access to a sanitary sewer for maintenance and inspection. Monitoring, Measurement, and Plan Modifications (MMPM) Monitoring and Reporting Program (MRP) effective September 9, 2013. Municipal Separate Storm Sewer Systems (MS4) Not Applicable (NA) Office of Emergency Services (OES) Refers to the California State Office of Emergency Services. Operations and Maintenance (O&M) v Operator Interface Terminals (OIT) Operator-in-training (OIT) Overflow Emergency Response Plan (OERP) Pipeline Assessment and Certification Program (PACP) Refers to a NASSCO certification program for the evaluation and condition assessment of sewer lines and appurtenances from closed circuit televising of the lines and appurtenances. PLAN Refers to Joint Powers Authority Pooled Liability Assurance Network Polyvinylchloride Pipe (PVC) Preventative Maintenance (PM) Refers to maintenance activities intended to prevent failures of the sanitary sewer system facilities (e.g. cleaning, CCTV, repair). Private Lateral See building lateral. Property Damage Overflow Refers to a sewer overflow or backup that damages a property owner’s premises. Public Works (PW) Pump Station (PS) Regional Water Quality Control Board (RWQCB) Refers to the San Francisco Bay Regional Water Quality Control Board. Reinforced Concrete Pipe (RCP) Sanitary Sewer Overflows (SSOs) Refers to the overflow or discharge of any quantity of partially treated or untreated wastewater from the sanitary sewer system at any point upstream from the wastewater treatment plant. SSOs are typically caused by blockages, pipe failure, pump station failure, or capacity limitation. Sanitary Sewer System Refers to the portion of the sanitary sewer facilities that are owned and operated by the City of Burlingame. Sensitive Areas Refers to areas where an SSO could result in a fish kill or pose an imminent or substantial danger to human health. Sewer System Refers to the sanitary sewer facilities owned and operated by the City. Sewer System Management Plan (SSMP) Standard Dimension Ratio (SDR) Refers to the ratio of pipe diameter to pipe wall thickness in plastic pipes. vi Standard Operating Procedures (SOP) Refers to written procedures that pertain to specific activities employed in the operation and maintenance of the sanitary sewer system. Standard Specifications Refers to the latest edition of Standard Specifications published by the California Department of Transportation, Caltrans. State Water Resources Control Board (SWRCB) Refers to the California Environmental Protection Agency (EPA) State Water Resources Control Board and staff responsible for protecting the State’s water resources. STOPP Coordinator Refers to the City employee who is responsible for taking water quality samples when surface waters are impacted by an SSO. Storm Water Pollution Prevention Program (STOPPP) Refers to the San Mateo County Program to prevent pollution of storm water. Streets & Sewers Division (S&S) Refers to the Streets and Sewer Division of the Public Works Department for the City. Supervisory Control and Data Acquisition (SCADA) Refers to the system that is employed by the City to monitor the performance of its pump stations and to notify the operating staff when there is an alarm condition that requires attention. System Evaluation and Capacity Assurance Plan (SECAP) Upper Lateral Refers to that portion of the Private Lateral generally from the property line to the building owned and maintained by the private property owner. Veolia Water North America (Veolia) Refers to the City’s contractor who operates the wastewater treatment plant and is responsible for administering the City’s Pretreatment Program, which includes the FOG Source Control Program. Vitrified Clay Pipe (VCP) Water Body A water body is any stream, creek, river, pond, impoundment, lagoon, wetland, or bay. Water of the State Water of the State means any surface water, including saline waters, within the boundaries of California. In case of a sewage spill, storm drains are considered to be waters of the State unless the sewage is completely contained and returned to the sewer system. Water Quality Monitoring Plan (WQMP) Work Order (WO) Refers to a document (paper or electronic) that is used to assign work and to record the results of the work. City of Burlingame Sewer System Management Plan vii Table of Contents DEFINITIONS, ACRONYMS, AND ABBREVIATIONS .................................................................................................................... II INTRODUCTION ........................................................................................................................................................................... 11 SEWER SYSTEM MANAGEMENT PLAN .................................................................................................................................... 11 SANITARY SEWER SYSTEM FACILITIES ................................................................................................................................... 11 ELEMENT I: GOALS .............................................................................................................................. 15 I-1. SSMP GOALS ............................................................................................................................................................ 15 ELEMENT II: ORGANIZATION .......................................................................................................... 16 II-1. ORGANIZATIONAL STRUCTURE.............................................................................................................................. 16 II-2. LEGALLY RESPONSIBLE OFFICIAL ......................................................................................................................... 18 II-3. RESPONSIBILITY FOR SSMP DEVELOPMENT, IMPLEMENTATION, AND MAINTENANCE ............................. 18 II-4. SSO REPORTING CHAIN OF COMMUNICATION ................................................................................................... 18 ELEMENT III: LEGAL AUTHORITY .................................................................................................. 20 III-1. MUNICIPAL CODE ..................................................................................................................................................... 20 III-2. AGREEMENTS WITH SATELLITE AGENCIES ......................................................................................................... 20 ELEMENT IV: OPERATIONS AND MAINTENANCE PROGRAM ................................................ 23 IV-1. COLLECTION SYSTEM MAPPING ............................................................................................................................ 23 IV.2. PREVENTIVE OPERATION AND MAINTENANCE .................................................................................................. 24 IV-2.1. Gravity Sewers ..................................................................................................................................................... 25 IV-2.2. Pipeline Assessment and Certification Program (PACP).................................................................... 27 IV-2.3. Pump Stations ...................................................................................................................................................... 27 IV-2.4. Lower Laterals ..................................................................................................................................................... 29 IV.2.5. Root Foaming ....................................................................................................................................................... 23 IV-2.6. Rehabilitation and Replacement Program .............................................................................................. 30 IV-2.7. Training.................................................................................................................................................................. 31 IV-2.8. Equipment and Replacement Parts ............................................................................................................ 31 IV-2.9. Operation and Maintenance Resources .................................................................................................... 31 IV-2.10. Outreach to Sewer Service Contractors ................................................................................................... 31 ELEMENT V: DESIGN AND PERFORMANCE PROVISIONS ........................................................ 44 V-1. DESIGN CRITERIA FOR INSTALLATION, REHABILITATION AND REPAIR ...................................................... 44 V-1.1. General ................................................................................................................................................................... 44 V-1.2. Main and Trunk Sewers .................................................................................................................................. 44 V-1.3. Manholes and Clean Outs ............................................................................................................................... 46 V-1.4. Laterals .................................................................................................................................................................. 46 V-1.5. Pump Station ....................................................................................................................................................... 47 V-1.6. City Sewer System – Authorized Materials ............................................................................................. 47 V-1.7. Private Sewer Systems .................................................................................................................................... 47 V-2 INSPECTION AND TESTING CRITERIA …………. .............................................................................................. 48 V-2.1. New and Rehabilitated Gravity Sewers .................................................................................................... 48 V-2.2. New and Rehabilitated Manholes ............................................................................................................... 49 V-2.3. New and Rehabilitated Pump Stations ..................................................................................................... 49 ELEMENT VI: OVERFLOW EMERGENCY RESPONSE PLAN ...................................................... 50 VI-1. PURPOSE .................................................................................................................................................................... 50 VI-2. POLICY ....................................................................................................................................................................... 50 VI-3. DEFINITIONS AS USED IN THIS OERP ................................................................................................................. 51 VI-4. STATE REGULATORY REQUIREMENTS FOR ELEMENT 6, OVERFLOW EMERGENCY RESPONSE PLAN ....... 53 City of Burlingame Sewer System Management Plan viii VI-5. GOALS ........................................................................................................................................................................ 55 VI-6. SSO DETECTION AND NOTIFICATION................................................................................................................... 55 VI-6.1. Public Observation .................................................................................................................................... 55 VI-6.2. City Staff Observation .............................................................................................................................. 58 VI-6.3. Contractor Observation ................................................................................................................................. 58 VI-7. SSO RESPONSE PROCEDURES ................................................................................................................................ 58 VI-7.1. Sewer Overflow/Backup Response Summary .............................................................................. 58 VI-7.2. First Responder Priorities ..................................................................................................................... 60 VI-7.3. Safety .............................................................................................................................................................. 60 VI-7.4. Initial Response .......................................................................................................................................... 60 VI-7.5. Initiate Spill Containment Measures ................................................................................................. 61 VI-7.6. Restore Flow................................................................................................................................................ 61 VI-7.7. Equipment .................................................................................................................................................... 61 VI.8. RECOVERY AND CLEANUP....................................................................................................................................... 62 VI-8.1. Estimate the Volume of Spilled Sewage ........................................................................................... 62 VI-8.2. Recovery of Spilled Sewage ................................................................................................................... 63 VI-8.3. Clean-up and Disinfection ...................................................................................................................... 63 VI-8.4. Public Notification..................................................................................................................................... 64 VI.9. WATER QUALITY ..................................................................................................................................................... 64 VI-9.1. Waters of the State .................................................................................................................................... 64 VI-9.2. Water Quality Sampling and Testing ................................................................................................. 66 VI-9.3. Water Quality Monitoring Plan ............................................................................................................ 66 VI-9.4. SSO Technical Report ............................................................................................................................... 67 VI.10. SEWER BACKUP INTO/ONTO PRIVATE PROPERTY CLAIMS HANDLING POLICY .......................................... 68 VI.11. NOTIFICATION, REPORTING, MONITORING AND RECORDKEEPING REQUIREMENTS ................................... 68 VI-11.1. Complaint Records ................................................................................................................................. 70 VI.12. POST SSO EVENT DEBRIEFING ............................................................................................................................. 71 VI.13. FAILURE ANALYSIS INVESTIGATION ..................................................................................................................... 71 VI.14. SSO RESPONSE TRAINING ...................................................................................................................................... 72 VI-14.1. Initial and Annual Refresher Training ........................................................................................... 72 VI-14.2. SSO Response Drills ............................................................................................................................... 73 VI-14.3. SSO Training Record Keeping ............................................................................................................ 74 VI-14.4. Contractors Working On City Sewer Facilities ........................................................................... 74 VI-14.5. High Priority Assets ............................................................................................................................... 74 VI.15. AUTHORITY ............................................................................................................................................................... 76 VI.16. REFERENCES ............................................................................................................................................................. 76 ELEMENT VII: FOG CONTROL PROGRAM ..................................................................................... 77 VII-1. NATURE AND EXTENT OF FOG PROBLEM ........................................................................................................... 77 VII-2. FOG SOURCE CONTROL PROGRAM & INSPECTIONS .......................................................................................... 80 VII-3. RESPONSE TO GWDR REQUIREMENTS................................................................................................................ 82 ELEMENT VIII: SYSTEM EVALUATION AND CAPACITY ASSURANCE PLAN ...................... 84 VIII-1. SYSTEM EVALUATION - COLLECTION SYSTEM MASTER PLAN ......................................................................... 84 VIII-2. EVALUATION - HYDRAULIC MODEL ...................................................................................................................... 85 VIII-3. DESIGN CRITERIA ..................................................................................................................................................... 85 VIII-4. CAPACITY ENHANCEMENT MEASURES - CAPITAL IMPROVEMENT PROGRAM .............................................. 85 VIII-5. SCHEDULE ................................................................................................................................................................. 85 ELEMENT IX: MONITORING, MEASUREMENT, AND PROGRAM MODIFICATIONS .......... 86 IX-1. PERFORMANCE MEASURES .................................................................................................................................... 86 IX-2. BASELINE PERFORMANCE ...................................................................................................................................... 86 City of Burlingame Sewer System Management Plan ix IX-2.1. Mains, Pump Stations, and Force Mains .................................................................................................... 86 IX-2.2. Lower Laterals ..................................................................................................................................................... 86 IX-3. PERFORMANCE MONITORING AND PROGRAM CHANGES .................................................................................. 93 IX-4. REFERENCES ............................................................................................................................................................. 93 ELEMENT X: SSMP PROGRAM AUDITS ......................................................................................... 94 X-1. AUDITS ....................................................................................................................................................................... 94 X-2. SSMP UPDATES ....................................................................................................................................................... 95 ELEMENT XI: COMMUNICATION PROGRAM ............................................................................ 102 XI-1. COMMUNICATION DURING SSMP DEVELOPMENT AND IMPLEMENTATION ............................................... 102 XI-2. COMMUNICATING SANITARY SEWER SYSTEM PERFORMANCE ..................................................................... 102 XI-3. COMMUNICATION WITH SATELLITE WASTEWATER COLLECTION SYSTEMS .............................................. 103 Table of Tables TABLE 1. GRAVITY SEWER SYSTEM SIZE DISTRIBUTION .................................................................................. 13 TABLE 2. SEWER SYSTEM MATERIALS OF CONSTRUCTION ............................................................................... 14 TABLE 3. INVENTORY OF SEWER LINES BY PIPE AGE ........................................................................................ 14 TABLE 4. CITY STAFF WITH AREA OF RESPONSIBILITY FOR SSMP ................................................................... 19 TABLE 5: SUMMARY OF LEGAL AUTHORITIES IN MUNICIPAL CODE AND OTHER SOURCES ............................ 22 TABLE 6: HIGH FREQUENCY MAINLINES ............................................................................................................. 25 TABLE 7. HISTORICAL MAINLINE AND LATERAL CLEANING RESULTS ............................................................. 26 TABLE 8. TABLE HISTORICAL RESULTS OF CLOSED CIRCUIT TELEVISION ....................................................... 26 TABLE 9. SUMMARY OF PUMP STATIONS ............................................................................................................. 28 TABLE 10. SUMMARY OF FORCE MAIN ASSETS .................................................................................................. 28 TABLE 11. ACCEPTABLE PIPE MATERIALS FOR NEW GRAVITY SEWERS ......................................................... 47 TABLE 12: REGULATOR REQUIRED NOTIFICATIONS .......................................................................................... 69 TABLE 13: HIGH PRIORITY ASSETS...................................................................................................................... 75 TABLE 14: HISTORICAL FOG-RELATED SSOS ................................................................................................... 78 TABLE 15. DATES AND LOCATION OF FOG- RELATED MAIN SSOS 2014-2017 ......................................... 78 TABLE 16. FOG CONTROL AGENT SITES (AS OF APRIL 2018) ........................................................................ 80 TABLE 17: GRAVITY SEWER, PUMP STATION, AND FORCE MAIN SSOS BY CALENDAR YEAR ...................... 87 TABLE 18: CY TOTALS FOR SSOS BY CAUSE ...................................................................................................... 88 TABLE 19: CY TOTALS FOR SEWER MAINS (VOLUME SPILLED, PORTION CONTAINED, AND VOLUME TO SURFACE WATERS) ............................................................................................................................ 89 TABLE 20. LOWER LATERAL SSOS BY CALENDAR YEAR ................................................................................... 90 TABLE 21. CY TOTALS FOR LOWER LATERAL SSOS BY CAUSE ........................................................................ 90 TABLE 22: CY TOTALS FOR LOWER LATERALS (VOLUME SPILLED, PORTION CONTAINED, AND VOLUME TO SURFACE WATERS) ............................................................................................................................ 91 TABLE 23: SSMP AUDIT CHECKLIST ................................................................................................................... 96 City of Burlingame Sewer System Management Plan x Table of Figures FIGURE 1. SANITARY SEWER SYSTEM MAP ......................................................................................................... 12 FIGURE 2: ORGANIZATION CHART ........................................................................................................................ 16 FIGURE 3: OVERVIEW OF RECEIVING A SEWAGE OVERFLOW OR BACKUP REPORT PROCEDURE .................. 57 FIGURE 4: OVERVIEW OF SSO/BACKUP RESPONSE ........................................................................................... 59 FIGURE 5: LOCATION OF FOG-RELATED PROBLEMS, 2014-2017 ................................................................ 79 FIGURE 6. TREND IN GRAVITY SEWER, PUMP STATION, AND FORCE MAIN SSOS ......................................... 87 FIGURE 7. TREND IN GRAVITY SEWER, PUMP STATION AND FORCE MAIN SSOS BY CAUSE ......................... 88 FIGURE 8. TREND IN VOLUME OF SEWER MAIN SPILLS, VOLUME REACHING SURFACE WATERS AND VOLUME RECOVERED .......................................................................................................................... 89 FIGURE 9: LOWER LATERAL SSOS BY YEAR ........................................................................................................ 92 FIGURE 10: TREND IN LOWER LATERAL SSOS BY CAUSE. ................................................................................ 92 FIGURE 11: TREND IN VOLUME OF LOWER LATERAL SPILLS AND RECOVERED VOLUME REACHING SURFACE WATERS ............................................................................................................................................ 93 Appendices Appendix IV-A: Plat Sheet Discrepancy Form Appendix IV-B: Standard Operating Procedure for Sewer Cleaning Appendix IV-C: Lift Station Condition Assessment Checklist Appendix IV-D: Rehabilitation and Replacement Program Appendix IV-E: Major Sewer System Equipment Inventory Appendix IV-F: Critical Sewer System Replacement Parts Inventory Appendix IV-G: Vendor, Contractor, and Agency Contact Information Appendix A: Sewer System Management Plan Audit Reports Appendix B: Log of Sewer System Management Plan Changes Appendix C: Sewer System Management Plan Adoption Documents Introduction City of Burlingame Sewer System Management Plan 11 Introduction Sewer System Management Plan This Sewer System Management Plan (SSMP) has been prepared by the Public Works Department’s Streets and Sewer Division of the City of Burlingame. It is a compendium of the policies, procedures, and activities that are included in the planning, management, operation, and maintenance of the City’s sanitary sewer system. This SSMP is intended to meet the requirements of the State Water Resources Control Board. The State Water Resources Control Board (SWRCB) has issued statewide waste discharge requirements for sanitary sewer systems, which include requirements for development of an SSMP. The State Water Board requirements are outlined in the Statewide General Waste Discharge Requirements (WDRs) for Sanitary Sewer Systems (SSO WDR), Order No. 2006-0003-DWQ dated May 2, 2006, which was amended by Order No. 2013-0058- EXEC, dated September 9, 2013. In addition, the City’s NPDES Permit (No. CA0037788) incorporates the requirements to comply with the SSO WDR by reference in the treatment plant permit (Order No. R2-2013-0015) to operate the Burlingame Wastewater Treatment Plant and City of Burlingame’s wastewater collection system. The structure (section numbering and nomenclature) of this SSMP follows the above referenced SSO WDR. This SSMP is organized by the SWRCB outline of eleven elements and contains quoted language taken from the SSO WDR and shown in the gray box at the beginning of each element. The SSO WDR uses the term “Enrollee” to refer to each individual municipal wastewater agency that has completed and submitted the required application for coverage under the SSO WDR (in this case, the Enrollee is the City of Burlingame). The City’s waste discharger identification number (WDID) in the California Integrated Water Quality System1 (CIWQS) is 2SSO10099. Sanitary Sewer System Facilities The City operates a sanitary sewer system that serves a population of approximately 30,148 in a 4.3 square mile service area. The sewer system serves 7,582 residential connections and 944 commercial, industrial and institutional customers as of April 2018. The sewer system consists of 81.4 miles of gravity sewers (approximately 2,198 line segments), 31 miles of lower laterals (approximately 8,526 laterals), 1,625 manholes, 6.1 miles of force mains, and 7 pump stations. The sewers range in size from 4 inches to 51 inches in diameter. The City provides service and repair of the lower lateral, described as the portion of the lateral that extends from the sewer main in the public right-of-way to the clean out 1 The California Integrated Water Quality System (CIWQS), a computer system used by the State and Regional Water Quality Control Boards, tracks environmental information, manages permits and other orders, tracks inspections, and manages violations and enforcement activities. Permittees (or enrollees) of storm water or SSO WDR permit programs submit information to the system, which makes data available to the public. (http://www.swrcb.ca.gov/ciwqs/) Introduction City of Burlingame Sewer System Management Plan 12 at the property line/edge of the City right-of-way. The property owner is responsible for maintenance and repair of the upper lateral that extends from the clean out at the property line/edge of right-of-way to the building sewer (per Ordinance No. 1329, which was adopted July 7, 1986 and became effective August 7, 1986 and later modified by Ordinance 1623 on March 23, 2000). The City requires inspection of the upper lateral and repair of identified deficiencies when the property is sold and when additional water fixtures are added to the house. Figure 1 contains an overview map of the City’s sanitary sewer system. The composition of the sewer piping by size and material of construction is shown on Table 1 and Table 2. The Inventory of Sewer Lines by Pipe Age is shown in Table 3. Figure 1. Sanitary Sewer System Map Introduction City of Burlingame Sewer System Management Plan 13 Table 1. Gravity Sewer System Size Distribution Diameter, inches Number of Line Segments Pipe Length, linear feet Portion of Sewer System, % 2 1 60 0.01% 4 12 1,295 0.28% 6* 3 1,690 0.36% 6 1,045 205,781 44.40% 8* 19 7,226 1.56% 8 642 135,840 29.31% 10* 6 5,845 1.26% 10 161 33,033 7.13% 12* 13 2,718 0.59% 12 81 14,973 3.23% 14 16 3,047 0.66% 15 37 6,233 1.34% 16* 1 1,992 0.43% 16 3 370 0.08% 18 66 13,513 2.92% 20 4 490 0.11% 21 13 2,269 0.49% 24 43 9,169 1.98% 27 21 5,164 1.11% 30* 4 1,744 0.38% 30 8 1,008 0.22% 33* 3 7,424 1.60% 36 7 1,913 0.41% 51 3 640 0.14% 2 1 60 0.01% Total 2,212 463,437 100% Source: Burlingame GIS, 2018 *Force Main Introduction City of Burlingame Sewer System Management Plan 14 Table 2. Sewer System Materials of Construction Material Number of Line Segments Pipe Length, linear feet Percent of Sewer System AC 86 24,567 5.30% BR 1 12 0.003% CAS 17 5,680 1.23% CIPP 14 2,607 0.56% CMP 2 471 0.10% CP 8 1,632 0.35% CSB 2 565 0.12% DIP 1 72 0.02% FRP 1 266 0.06% HDPE 82 18,398 3.97% OTH 2 321 0.07% PP 1 146 0.03% PVC 726 138,920 29.98% RCP 5 1,866 0.40% VCP 1,264 267,914 57.81% Total 2,212 463,437 100% Source: Burlingame GIS, 2018 Table 3. Inventory of Sewer Lines by Pipe Age Age, Years Construction Period Percent of System* Miles of Main 0-18 2000-current 22% 19 19-38 1980-1999 6% 5 39-58 1960-1979 12% 10 59-78 1940-1959 26% 23 79-98 1920-1939 4% 4 >98 Prior to 1920 31% 27 Total, miles 88 * Source: Burlingame GIS Introduction City of Burlingame Sewer System Management Plan 15 Element I: SSMP Goals The goals of the City of Burlingame SSMP are: 1. Properly and safely manage, operate, and maintain all portions of the wastewater collection system. 2. Provide adequate capacity to convey the peak wastewater flows to the wastewater treatment plant. Adequate capacity, for the purposes of the SSMP, is defined as the capacity to convey the peak wastewater flows that are associated with the design storm event. 3. Minimize the frequency of SSOs. 4. Mitigate the impacts that are associated with any SSO that may occur. 5. Provide training for City staff involved in wastewater collection system operations, maintenance and emergency response. 6. Meet all applicable regulatory notification and reporting requirements. SWRCB Waste Discharge Requirement: The purpose of the Sewer System Management Plan (SSMP) is to provide a plan and schedule to properly manage, operate, and maintain all parts of the sanitary sewer system. This will help reduce and prevent SSOs, as well as mitigate any SSOs that do occur. Element II: Organization City of Burlingame Sewer System Management Plan 16 Element II: Organization II-1. Organizational Structure The organization chart for the management, operation, and maintenance of the City’s wastewater collection system is shown in Figure 2. Figure 2: Organization Chart SWRCB Waste Discharge Requirement: The Sewer System Management Plan (SSMP) must identify: a. The name of the responsible or authorized representative as described in Section J of this Order. b. The names and telephone numbers for management, administrative, and maintenance positions responsible for implementing specific measures in the SSMP program. The SSMP must identify lines of authority through an organization chart or similar document with a narrative explanation; and c. The chain of communication for reporting SSOs, from receipt of a complaint or other information, including the person responsible for reporting SSOs to the State and Regional Water Board and other agencies if applicable (such as County Health Officer, County Environmental Health Agency, Regional Water Board, and/or State Office of Emergency Services (OES)). d. Element II: Organization City of Burlingame Sewer System Management Plan 17 Roles for wastewater collection system staff are: Public Works Director – Establishes policy; plans strategy; leads staff; allocates resources; delegates responsibility; authorizes outside contractors to perform services; and may serve as public information officer. Assistant Public Works Director – manages capital improvement projects; prepares policies; allocates resources; delegates responsibility; and authorizes outside contractors to perform services. Treatment Plant /Source Control Manager – oversees all responsibilities related to the operations and maintenance of the wastewater treatment plant. Source Control Inspector - performs technical tasks in the inspection of industrial and commercial discharges to the wastewater collection system for compliance with applicable laws and ordinances. Deputy Director of Public Works Operations – manages the day-to-day operations and maintenance activities and provides relevant information to Enrollee management. Streets, Storm Drains and Sewer Divisions Manager – oversees all field operations and maintenance activities. Street and Sewer Supervisor – supervise field operations and maintenance activities related to the wastewater collection system; investigate and report SSOs; and train field crews. Environmental Compliance - provides support to the management staff on issues related to pre- treatment. Management Analyst – provides administrative and technical support related to the Geographic Information System (GIS) and Computerized Maintenance Management System (CMMS). Administrative Assistant – provides support to the management staff with administrative duties/tasks regarding today-to-day operations. CCTV Leadworker – performs regular inspections of the gravity sewers and leads wastewater collection system cleaning crew. Emergency Response and Preventive Maintenance – responds to complaints in connection with sewer problems and attempts to address the problems as required. This includes emergency response related to the sewer main and lower lateral blockage relief. Pipe Repair and Replacement Lead – leads a crew and performs a variety of tasks involved in the construction, maintenance, and repair of sewers, and related public works installations. Pump Station Leadworker – In addition to the daily checks and preventative maintenance of the wastewater collection pump stations, this position is also responsible for the oversight and certification of Sewer Lateral Tests involved in the sale of private properties or remodel of residential and commercial properties. Maintenance Electrician – provides a variety of electrical maintenance and repair work related to the wastewater collection pump stations. Element II: Organization City of Burlingame Sewer System Management Plan 18 II-2. Legally Responsible Official The City’s Legally Responsible Official (LRO) in all wastewater collection system matters is the Deputy Director of Public Works Operations, Rob Mallick. He is authorized to submit verbal, electronic and written spill reports to the California Office of Emergency Services (OES) and to certify electronic spill reports submitted to the SWRCB. The Streets, Storm Drain and Sewer Divisions Manager, Michael Heathcote, is also authorized to act as the City’s LRO in the Deputy Director of Public Works Operations absence. He is authorized to submit verbal, electronic, and written spill reports to the SWRCB and OES. In the absence of the Streets, Storm Drains and Sewer Divisions Manager, the Sewer Division Supervisor, Jim Brown, is authorized to act in their behalf and is authorized to submit reports. II-3. Responsibility for SSMP Development, Implementation, and Maintenance The Deputy Director of Public Works Operations has the utmost responsibility for developing, administering, implementing, periodically auditing, and maintaining the City’s SSMP. He delegates the responsibility for SSMP development implementation and maintenance to his staff. See Table 4 below for additional information on delegated responsibilities. II-4. SSO Reporting Chain of Communication The SSO Reporting Chain of Command follows the Organization Chart shown previously in Figure 2. The SSO Reporting process and responsibilities are described in detail in the Overflow Emergency Response Plan. The purpose of the City of Burlingame’s Overflow Emergency Response Plan (OERP) is to support an orderly and effective response to Sanitary Sewer Overflows (SSOs). The OERP provides guidelines for City personnel to follow in responding to, cleaning up, and reporting SSOs that may occur within the City’s service area. Element II: Organization City of Burlingame Sewer System Management Plan 19 Table 4: City Staff with Area of Responsibility for SSMP Element Element Name Responsible City Official by Title Phone Introduction Deputy Director of Public Works Operations 650-558-7670 1 Goals Deputy Director of Public Works Operations 650-558-7670 2 Organization Deputy Director of Public Works Operations 650-558-7670 3 Legal Authority Deputy Director of Public Works Operations 650-558-7670 4 Operations and Maintenance Program Public Works Sewer Supervisor 650-558-7670 5 Design and Performance Provisions Assistant Public Works Director (650) 558-7230 6 Overflow Emergency Response Plan Streets, Storm Drains & Sewer Divisions Manager 650-558-7670 7 Fats, Oils and Grease (FOG) Control Program Source Control Inspector (Veolia contractor on behalf of the City) (650) 342-3727 8 System Evaluation and Capacity Assurance Plan Assistant Public Works Director (650) 558-7230 9 Monitoring, Measurement and Program Modifications Streets, Storm Drains & Sewer Divisions Manager 650-558-7670 10 Program Audits Streets, Storm Drains & Sewer Divisions Manager 650-558-7670 11 Communications Program Deputy Director of Public Works Operations 650-558-7670 Element III: Legal Authority City of Burlingame Sewer System Management Plan 20 Element III: Legal Authority SWRCB Waste Discharge Requirement: Each Enrollee must demonstrate, through sanitary sewer system use ordinances, service agreements, or other legally binding procedures, that it possesses the necessary legal authority to: a. Prevent illicit discharges into its sanitary sewer system (examples may include I/I, stormwater, chemical dumping, unauthorized debris and cut roots, etc.); b. Require that sewers and connections be properly designed and constructed; c. Ensure access for maintenance, inspection, or repairs for portions of the lateral owned or maintained by the Public Agency; d. Limit the discharge of fats, oils, and grease and other debris that may cause blockages, and Enforce any violation of its sewer ordinances. III-1. Municipal Code The Burlingame Municipal Code describes the City’s current legal authorities. The legal authorities provided by the Municipal Code Title 15 and other Municipal Code sources that address the regulatory requirements are summarized on Table 5. III-2. Agreements with Satellite Agencies The City’s wastewater treatment plant is operated under contract by private company Veolia Water. In addition to serving the City, this plant serves the Town of Hillsborough (Hillsborough) and the San Mateo County Burlingame Hills Sewer Maintenance District (Burlingame Hills). Hillsborough and Burlingame Hills are “satellite collection systems” to the City. These systems discharge directly to the Burlingame system, with each managing their own collection systems. Each system is responsible for separately meeting WDR requirements, developing and implementing SSMP’s and reporting to the CIWQS system2. The City has written agreements with Hillsborough and Burlingame Hills. The agreement details with respect to providing the City with the required legal authority to control infiltration and inflow (I/I) from satellite collection systems are described in the following two sections. Town of Hillsborough The written agreement, which became effective on October 1, 2004, specifically addresses inflow and infiltration from their 97 mile system. The agreement requires an annual evaluation of the ratio of dry weather to peak wet weather flow by both parties. The agreement establishes a process in the event inflow and infiltration become an issue. The 2 Hillsborough is responsible for reporting and data management under WDID# 2SSO10142, while the County of San Mateo’s reports on behalf of Burlingame Hills (WDID # 2SSO10224). SWRCB Waste Discharge Requirement: Each Enrollee must demonstrate, through sanitary sewer system use ordinances, service agreements, or other legally binding procedures, that it possesses the necessary legal authority to: a. Prevent illicit discharges into its sanitary sewer system (examples may include I/I, stormwater, chemical dumping, unauthorized debris and cut roots, etc.); b. Require that sewers and connections be properly designed and constructed; c. Ensure access for maintenance, inspection, or repairs for portions of the lateral owned or maintained by the Public Agency; d. Limit the discharge of fats, oils, and grease and other debris that may cause blockages, and e. Enforce any violation of its sewer ordinances. Element III: Legal Authority City of Burlingame Sewer System Management Plan 21 agreement provides the City with the authority to set limits, with the approval of the Regional Water Quality Control Board, if the limits are required to meet water quality standards. San Mateo County Burlingame Hills Sewer Maintenance District The Burlingame Hills Sewer Maintenance District is allowed to discharge sewage into and through the City’s sanitary sewer collection system infrastructure from its 6.7 mile system. Burlingame Hills observes the San Mateo County of California Code of Ordinances under Title 4 – Sanitation and Health: Chapter 4.24 - Sewer Connections Chapter 4.28 - Discharge Of Waste into Sewer System Chapter 4.32 - Sewer Service Charges The City of Burlingame and the Burlingame Hills Sewer Maintenance District agreement covers the following terms. The District is responsible for paying a portion of the total cost for sewage treatment; The District is responsible for paying a portion of the total actual cost of operation and maintenance of the City’s collection system (including 15% for overhead and supervision). Burlingame Hills completed closed circuit television (CCTV) inspections of its entire wastewater collection system in 2012. The District is using this information from the CCTV inspections for prioritizing collection system rehabilitation projects. Element III: Legal Authority City of Burlingame Sewer System Management Plan 22 Table 5. Summary of Legal Authorities in the City of Burlingame’s Municipal Code and Other Sources Requirement Legal Authority Reference Prevent illicit discharges into the wastewater collection system 15.10.038 15.10.040 Limit the discharge of fats, oils, and grease and other debris that may cause blockages 15.10.038(c) 15.10.040(c) 15.10.050 Require that sewers and connections be properly designed and constructed 15.10.028 15.10.030 15.10.024 Require proper installation, testing, and inspection of new and rehabilitated sewers 15.10.030 Clearly define City responsibility and policies City Council Resolution 53-2003 Ensure access for maintenance, inspection, or repairs for portions of the service lateral owned or maintained by the City 15.10.032 Control infiltration and inflow (I/I) from private service laterals 15.10.056 15.12.010 15.12.110 Requirements to install grease removal devices (such as traps or interceptors), design standards for the grease removal devices, maintenance requirements, BMP requirements, record keeping and reporting requirements 15.10.066 18.12.010 18.12.070 18.12.080 Authority to inspect grease producing facilities 15.10.102 Enforce any violation of its sewer ordinances 15.10.010 15.10.021 15.10.120 15.10.124 Element IV: Operations and Maintenance Program City of Burlingame Sewer System Management Plan 23 Element IV: Operations and Maintenance Program SWRCB Waste Discharge Requirement: The Sewer System Management Plan (SSMP) must include those elements listed below that are appropriate and applicable to the Enrollee’s system: a. Maintain an up-to-date map of the sanitary sewer system, showing all gravity line segments and manholes, pumping facilities, pressure pipes and valves, and applicable stormwater conveyance facilities; b. Describe routine preventive operation and maintenance activities by staff and contractors, including a system for scheduling regular maintenance and cleaning of the sanitary sewer system with more frequent cleaning and maintenance targeted at known problem areas. The Preventative Maintenance (PM) program should have a system to document scheduled and conducted activities, such as work orders; c. Develop a rehabilitation and replacement plan to identify and prioritize system deficiencies and implement short-term and long-term rehabilitation actions to address each deficiency. The program should include regular visual and TV inspections of manholes and sewer pipes, and a system for ranking the condition of sewer pipes and scheduling rehabilitation. Rehabilitation and replacement should focus on sewer pipes that are at risk of collapse or prone to more frequent blockages due to pipe defects. Finally, the rehabilitation and replacement plan should include a capital improvement plan that addresses proper management and protection of the infrastructure assets. The plan shall include a time schedule for implementing the short- and long-term plans plus a schedule for developing the funds needed for the capital improvement plan; d. Provide training on a regular basis for staff in sanitary sewer system operations and maintenance, and require contractors to be appropriately trained; and Provide equipment and replacement part inventories, including identification of critical replacement parts. IV-1. Collection System Mapping The City has a Geographical Information System (GIS) that includes the information for its wastewater collection system assets, as well as, for its storm drainage system. The field crews use hard copy maps in the field that are produced using the GIS. The Public Works department will be training on the use of tablet type equipment over the coming year for accessing GIS maps electronically. In addition, staff will be testing a newly developed SSO Reporting application (app) by the California Sanitation Risk Management Authority (CSRMA). The hard copy GIS maps are updated annually. Corrections are identified and documented by the field crews, given to their division managers or directly to the Management Analyst. The Management Analyst is responsible for ensuring all corrections are made. This includes new facilities, which are incorporated into the maps during the annual updates. SWRCB Waste Discharge Requirement: The Sewer System Management Plan (SSMP) must include those elements listed below that are appropriate and applicable to the Enrollee’s system: a. Maintain an up-to-date map of the sanitary sewer system, showing all gravity line segments and manholes, pumping facilities, pressure pipes and valves, and applicable stormwater conveyance facilities; b. Describe routine preventive operation and maintenance activities by staff and contractors, including a system for scheduling regular maintenance and cleaning of the sanitary sewer system with more frequent cleaning and maintenance targeted at known problem areas. The Preventative Maintenance (PM) program should have a system to document scheduled and conducted activities, such as work orders; c. Develop a rehabilitation and replacement plan to identify and prioritize system deficiencies and implement short-term and long-term rehabilitation actions to address each deficiency. The program should include regular visual and TV inspections of manholes and sewer pipes, and a system for ranking the condition of sewer pipes and scheduling rehabilitation. Rehabilitation and replacement should focus on sewer pipes that are at risk of collapse or prone to more frequent blockages due to pipe defects. Finally, the rehabilitation and replacement plan should include a capital improvement plan that addresses proper management and protection of the infrastructure assets. The plan shall include a time schedule for implementing the short- and long-term plans plus a schedule for developing the funds needed for the capital improvement plan; d. Provide training on a regular basis for staff in sanitary sewer system operations and maintenance, and require contractors to be appropriately trained; and Provide equipment and replacement part inventories, including identification of critical replacement parts. Element IV: Operations and Maintenance Program City of Burlingame Sewer System Management Plan 24 Procedure for Updating Maps for the Burlingame Sewer Division A document/binder has been created to identify locations for each of the 27 map books. Management Analyst is responsible for inventorying sewer map books. Management Analyst will work with the Sewer Division (Streets, Storm Drains, & Sewer Divisions Manager or Supervisor) to track changes to map books. When an employee in the field notes a discrepancy on the map book, he or she will complete a Plat Sheet Discrepancy Form (Appendix IV-A) and notify their division’s supervisor by the end of the shift or the next day. The Sewer Division will notify the Management Analyst, either verbally or written (via email), of the discrepancy within two days (for tracking purposes). The Management Analyst will make map updates on a biweekly basis, either in- house or by sending out to the GIS Consultant. Once the map updates have been completed by either the Management Analyst or the GIS Consultant, new individual map pages will be printed. Management Analyst will distribute corrected map pages to the Sewer Division; these pages will be placed in all map books on a monthly basis. Management Analyst to update all Burlingame Sewer map pages annually in January. Any CIP projects completed by Engineering will be provided to the Management Analyst, who will assign accordingly to update the GIS. IV.2. Preventive Operation and Maintenance The elements of the City’s sewer system O&M program include: Proactive, preventive, and corrective maintenance of gravity sewers; Ongoing CCTV inspection program to determine the condition of the gravity sewers; Rehabilitation and replacement of sewers that are in poor condition; and Periodic inspection and preventive maintenance for the pump stations. Element IV: Operations and Maintenance Program City of Burlingame Sewer System Management Plan 25 IV-2.1. Gravity Sewers The City proactively cleans its sewer system every three years, and it preventively cleans sewers with a history of problems in a more frequent intervals. Gravity sewer maintenance is currently scheduled and recorded using work orders generated by a computerized maintenance management system (CMMS). Cleaning results of the mainlines are evaluated and reported by the cleaning crew based upon the Standard Operating Procedure for Sewer Cleaning shown in Appendix IV-B. Staff places mainline segments on these higher frequency schedules based upon past cleaning results, history of SSO events, history of cleaning results, and professional judgment. Two (2) sewer cleaning crews perform annual preventative maintenance, as well as, respond to emergencies. Each crew consists of two (2) team members (employees).One crew is supervised by the CCTV Lead Worker and the other by the Emergency Response and Preventive Maintenance Leadworker . The cleaning crew will clean mainlines before they are televised; the other cleaning crew performs routine preventative maintenance and Emergency Response. These crews operate combination cleaning units, rodder and eel machines to accomplish the cleaning of mainlines. Table 6 contains summary statistics for the high frequency mainlines. Table 7 contains the historical mainline and lateral cleaning results. Table 6: High Frequency Mainlines Frequency Number of Segments Linear Feet Annual Cleaning, Linear Feet 3 month Jan-May-Sep 62 12,672 38,016 3 month Feb-Jun-Oct 46 10,190 30,570 3 month Mar-Jul-Nov 33 8,657 25,971 3 month Apr-Aug-Dec 54 13,282 39,846 TOTAL: 44,801 134,403 Element IV: Operations and Maintenance Program City of Burlingame Sewer System Management Plan 26 Table 7. Historical Mainline and Lateral Cleaning Results Calendar Year Mainline Cleaning Results, linear feet Mainline Cleaning Results, miles Percent of Mainline Cleaned in System Lateral Cleaning, linear feet 2014 255,556 48.3 59.3% 169,402 2015 399,250 75.6 92.8% 129,730 2016 254,123 48.1 59% 88,719 2017 246,694 46.7 57.3% 23,115* *lower lateral cleaning footage due to reduction in temporary staffing positions The City applies FOG control agents at five (5) locations listed in Table 16 in Element VII. The City’s CCTV inspection and cleaning crew (Leadworker and Maintenance Workers) does periodic condition assessment and follow-up on all SSO events. This inspection work has been completed and forms the basis for the sewer rehabilitation and replacement program discussed later in this Element. Periodic, routine assessments are scheduled in the future based upon previous assessment ratings. The historical results of the City CCTV efforts are shown in Table 8 Historical Results of Closed Circuit Television. Table 8. Historical Results of Closed Circuit Television Calendar Year CCTV Performance, linear feet 2014 122,551 2015 163,349 2016 94,067* 2017 100,031 *lower footage numbers in 2016 are due to issues with new equipment and software that have been resolved by our vender IV-2.2. Pipeline Assessment and Certification Program (PACP) The City has a sewer repair crew to correct problems identified by the CCTV inspections and/or the sewer cleaning crew. The City utilizes the Pipeline Assessment Element IV: Operations and Maintenance Program City of Burlingame Sewer System Management Plan 27 and Certification Program (PACP) for the rating and evaluating of the existing conditions of the wastewater collection system. The wastewater collection staff maintains a list of known structural deficiencies determined from the CCTV results conducted during pipeline assessments. This list is maintained in priority order by structural rating. If a PACP Grade 4 or 5 structural defects are located within two hundred (200) feet of a surface water or channel, the repairs or replacements will follow the time frames listed in the table below: i. Repair or replacement time frames: Observed Defect Time Frame (from date defect observed) PACP Grade 5 St ructural Defect - Immediate Failure Likely ASAP PACP Grade 5 Structural Defect - Immediate Failure Unlikely 2 years PACP Grade 4 Structural Defect 5 yea rs ii. Background monitoring (sampling) of surface waters will also be performed bi- annual, once in the dry season and once in the wet season if a PACP 4 or 5 is within two hundred (200) feet of a surface water or channel. The sampling will conform to the following guidelines: a. testing of surface water for caffeine approximately 100 feet upstream and approximately 100 feet downstream. b. If the downstream caffeine level s are more than 10 Jlg/l higher than the upstream caffeine levels, the City shall within one month test that same surface water area for human-specific Bacteriodes in the sa me manner that the City tested for caffeine. c. If the down stream Bacteriodes l evels are more than 10% higher than the upstrea m Bacteriodes levels within one month , the City shall repair that section of the collection system . d. If the surface water downstream Bacteriodes levels are more than 10% hi gher than the upstream Bacteriodes levels, the City shall post warning signs regarding the contamination until that section of the collection system is repaired. IV-2.3. Pump Stations The City conducts operational inspections of its pump stations. Sanitary sewer pump stations are inspected on a daily basis. The wet wells are cleaned annually. The mechanical and electrical equipment preventive maintenance is scheduled monthly. Element IV: Operations and Maintenance Program City of Burlingame Sewer System Management Plan 28 The City initiates annual pump station condition assessments utilizing Appendix IV-C, Lift Station Condition Assessment Checklist. Each of the six (6) wastewater collection pump stations identified and described in Table 9, discharge to force mains described in Table 10. Force mains alignments are inspected on an annual basis, and discharge locations are surveyed for possible damage and corrosion from the release of hydrogen sulfide when the force mains discharge to the gravity collection system. Table 9. Summary of Pump Stations Pump Station Name Location No. Pumps Pump HP Pump Manufacturer Design Flow, gpm Standby Generation, KW 1740 Rollins Road 1740 Rollins Road 3 15 Fairbanks Morse 725 550 Hyatt 1301 Bayshore Rd. 2 15 Flygt 425 55 Mitten 1775 Gilbreth Rd. 2 15 Flygt 286 50 Gilbreth 1628 Gilbreth Rd. 2 15 Flygt 260 60 Airport 710 Airport Blvd. 2 20 Flygt 110 60 399 Rollins 399 Rollins Road 2 15 Flygt 570 63 Table 10. Summary of Force Main Assets Pump Station Name Force Main Asset Information Length Size Material Linear Feet inches Element IV: Operations and Maintenance Program City of Burlingame Sewer System Management Plan 29 1740 Rollins Road 2,240 10 ACP Hyatt 2,180 8, 12, 16 PVC Mitten 1,986 8 PVC Gilbreth 2,820 12 PVC Airport 3,530 8 PVC liner 399 Rollins Road 850 30 RCP IV-2.4. Lower Laterals The City has developed a lower lateral preventive maintenance program adopted by the City Council on May 5, 2003 in Resolution 53-2003. The maintenance program includes cleaning and root foaming of the lower laterals. The City utilizes one staff position for the cleaning efforts with the lower laterals. Areas of the greatest concern are identified through CCTV, line cleaning, customer complaints and lateral SSOs. It is expected that this staff position will clean an average of 40,000 linear feet per year. The lateral root foaming program, up to 500 lower laterals per year, is handled each year through the City’s procurement and awarded to a contractor. IV-2.5. Root Foaming The City procures a contractor to conduct annual root foaming on main lines that exhibit significant root intrusion in areas currently identified by City staff. The current effort involves a 2-year return cycle for the root foaming processes. The City staff is responsible for conducting root cutting 3 to 4 months prior to the root foaming to assure maximum effectiveness from the foaming. The City has identified two separate areas where these activities are required and the service contractor handles one area each year. A map showing the locations (areas) of the root foaming is located on the City’s website, www.burlingame.org/ http://www.burlingame.org/index.aspx?page=3349, along with contact information. Element IV: Operations and Maintenance Program City of Burlingame Sewer System Management Plan 30 The City uses chemicals approved and/or recommended by the federal Environmental Protection Agency. All applications comply with the recommendations of the manufacturer of the chemical and as required by Cal-OSHA. Additionally, the City has established the following guidelines for the application of root control agents: i. Take steps necessary, upstream and downstream, of the area of application as determined by qualified individuals and in compliance with State and Federal regulations to protect public health and safety; ii. Using root control agents that have a half-life of sixty (60) days or less and the breakdown products are non-toxic to aquatic plants or animals; iii. Developing and implementing best management practices to preclude the escape of the root control agent from the sewer line; iv. Recordkeeping that includes identifying the PACP rating in the section being treated; a map identifying locations where treatment occurs; the chemical(s) used including the SDS sheets; and the amounts applied; v. Not applying any root control agent to any sewer line that has a known PACP rating of 4 or 5 unless the City can ensure that the root control agent will not escape the sewer line through any line defect; vi. Using best practices when applying any root control agent to avoid contamination of groundwater via infiltration or exfiltration; and vii. Verifying through closed circuit television (CCTV) inspections, prior to the expiration of the applicable warranty, that the root control agent applied worked effectively to remove the identified root(s). IV-2.6. Rehabilitation and Replacement Program The City has projected work for the next five (5) years through the Sewer System Master Plan and the CCTV inspection program that evaluates the condition of all gravity sewers using the CCTV Inspection program and PACP condition assessment of each line segment. The information gathered during the condition assessment will be used to select gravity sewers for repair/rehabilitation/replacement. The City has an annual sewer rehabilitation and replacement program to rehabilitate or replace the portions of its wastewater collection system where conditions warrant. The current budget provides $4.7 million annually for this work, enough to replace approximately 4% of the system per year. The projects that are included in the City’s Capital Improvement Program are listed in Appendix IV-D. The funds that support the Capital Improvement Program come from the City’s Sewer Fund. The sewer fund is an enterprise fund and sewer fees are established to meet projected needs. Element IV: Operations and Maintenance Program City of Burlingame Sewer System Management Plan 31 IV-2.7. Training The City uses a combination of training methods, such as in-house classes, on the job training, conferences, and seminars to train its wastewater collection system staff. The City requires employees to be certified in Collection System Maintenance by the California Water Environment Association. The certification process requires employees to demonstrate that they have participated in 12 hours of training every two years in order to renew their certificates. The City also trains its employees on both the SSMP and OERP annually. This training includes field exercises in the estimation of SSO volume and SSO containment. The City is working towards standardizing the language in all service and construction contracts related to the wastewater collection system. The awarded bidder will need to provide documentation reflecting that their employees have had training on Sanitary Sewer Overflows and Emergency Response. IV-2.8. Equipment and Replacement Parts The list of the major equipment that City uses in the operation and maintenance of its sewer system is included in Appendix IV-E. The City has developed a Critical Replacement Parts List. It has also developed a Replacement Parts Inventory procedure that is included in Appendix IV-F. IV-2.9. Operation and Maintenance Resources The City’s Public Works Department has assigned 15 budgeted full time employees (FTEs) to the operation and maintenance of the collection system facilities as of the date of this SSMP. The allocated staffing resources meet the projected workload. The City reviews these workload needs regularly to determine if changes are required to satisfy City needs and regulatory mandates. Major equipment to support the maintenance activities is listed in Appendix IV-E. The City’s Capital Improvement Program allocates approximately $4.7 million annually for condition assessment and rehabilitation/replacement projects. This equates to an investment of approximately 4% of the replacement value of its collection system facilities per year. This value compares favorably to the investment being made by other local collection system agencies. IV-2.10. Outreach to Sewer Service Contractors The City participates in the Bay Area Clean Water Agencies (BACWA) region-wide outreach program and has posted brochures on the City website (www.burlingame.org) to aid and educate contractors & residents. Element IV: Operations and Maintenance Program City of Burlingame Sewer System Management Plan 32 Appendix IV-A Element IV: Operations and Maintenance Program City of Burlingame Sewer System Management Plan 33 Appendix IV-B Standard Operating Procedure for Sewer Cleaning Purpose The purpose of this Standard Operating Procedure is to ensure that sewer cleaning is performed in a manner that will produce a high quality work product. Quality is important because it ensures that the sanitary sewers will not experience problems prior to their next scheduled cleaning. Goal The goal of cleaning a gravity sewer is to restore the flow area to 95% of the original flow area of the pipe. Required Equipment and Tools Personal protective equipment (hardhat, steel toe boots, gloves, eye/face protection, hearing protection) Calibrated gas detector Proper safety cones/barricades/flagging/signs or other traffic control devices Confined space equipment – tripod, harness, and ventilation blower Sanitary sewer system map book including storm drainage lines Combo (jet rodder/vacuum) truck Various sewer cleaning nozzles depending on application 6 wire skid (“proofer”) in sizes that will be encountered during the day Debris traps in the sizes that will be encountered during the day Manhole hook or pick-axe Measuring wheel Disinfectant Required Forms Cleaning work order Daily truck report form Damage report form Element IV: Operations and Maintenance Program City of Burlingame Sewer System Management Plan 34 Procedures for Sewer Cleaning Crew Prior to Leaving the Yard Plan the work so that it starts in the upstream portion of the area and moves downstream. Wherever possible, plan to clean sewers from the downstream manhole. Inspect the sewer cleaning nozzles for wear. Replace nozzles that are excessively worn. If this is the crew’s first day with this cleaning unit, inspect the first 200 feet of hose and couplings for damage or wear. Check to ensure all needed tools and equipment needed for daily tasks are on vehicles. At the Jobsite Wear proper personnel protective equipment (PPE). Fill the water tank at or near the first jobsite. Determine and confirm location of upstream and downstream manholes (use street addresses, if possible). Look for any overhead utilities that may come into contact with the vacuum boom during the cleaning operation. Set up proper traffic control by placing traffic signs, flags, cones and other traffic control devices. Move the cleaning unit into the traffic control so that the hose reel is positioned over the manhole. Open the manhole and use the gas detector to determine if it is safe to proceed with the cleaning operation. Install proper nozzle on the hose per application. Cleaning Operation Insert the debris trap. Start the auxiliary engine. Lower the hose, with a guide or roller to protect the hose, into the manhole and direct it into the sewer to be cleaned. Start the high pressure pump and set the engine speed to provide adequate pressure for the sewer cleaning operation. Open the water valve and allow the hose to proceed up the sewer. The hose speed should not exceed 3 feet per minute. Allow the hose to proceed 25% of the length of the sewer and pull the hose back. Observe the nature and the quantity of debris pulled back to the manhole. If there is little or no debris, allow the hose to proceed to the upstream manhole. If there is moderate to heavy debris, clean the remaining portion of the sewer in steps not to exceed 25% of the length of the sewer. Open the upstream manhole and verify that the nozzle is at or past the manhole. Element IV: Operations and Maintenance Program City of Burlingame Sewer System Management Plan 35 The sewer has been adequately cleaned when: Successive passes with a cleaning nozzle do not produce any additional debris, and The sewer is able to pass a full size, six-wire skid (“proofer”) for its entire length. Determine the nature and quantity of the debris removed during the cleaning operation. Use the following code shown in Table IV-B: Nature and Quantity of Debris Removed during Cleaning to report the nature and quantity of debris. Remove the debris from the manhole using the vacuum unit. Rewind the hose on the reel. Remove the debris trap. Clean the mating surface and close the manhole. Ensure that the manhole is properly seated. Enter the results on the Work Order. Move the cleaning unit, break down and stow the traffic controls. Proceed to the next cleaning jobsite. Table IV-B: Nature and Quantity of Debris Removed during Cleaning Type of Debris Clear (no debris) Light Moderate Heavy Sand, grit, rock CLR DL DM DH Grease CLR GL GM GH Roots CLR RL RM RH Other (specify) CLR OL OM OH At the End of the Day Inspect the equipment and tools for problems. Report any problems with equipment, tools, or sewers that were cleaned during the day to the Supervisor. Turn in all completed Cleaning Work Orders to the Supervisor at end of shift. Properly dispose of all debris from the cleaning operations. Appendix IV- C: Lift Station Condition Assessment Checklist Inspection Information Inspection date Element IV: Operations and Maintenance Program City of Burlingame Sewer System Management Plan 36 Inspection participants Facility name Facility address Comments Background Information (Prior 12 Months) SSOs Equipment failures Alarm history (attach copy) Major maintenance activities (attach list if applicable) Pending work orders (attach copies) Operating problems (attach copy of operating log) Comments Security Features Fence and gate External lighting Visibility from street Doors and locks Intrusion alarm(s) Signs with emergency contact information Other security features Comments Safety Features and Equipment Signage (confined space, automatic equipment, hearing protection, etc.) Fall protection Element IV: Operations and Maintenance Program City of Burlingame Sewer System Management Plan 37 Emergency communication Equipment hand guards Hand rails and kickboards Platforms and grating Tag out and lock out equipment Hearing protection Eye wash Chemical storage Comments External Appearance Fence Landscaping Building Control panels Other external features Comments Element IV: Operations and Maintenance Program City of Burlingame Sewer System Management Plan 38 Building/Structure PS building Control room Dry well Wet well Other structures Comments Instrumentation and Controls (including SCADA Facilities) Control panel Run time meters Flow meter Wet well level Alarms SCADA Other instrumentation and controls Comments Electrical and Switch Gear Power drop Transformers Transfer switches Emergency generator and generator connection Starters Variable frequency drives Electrical cabinets Conduit and wireways Other electrical Comments Element IV: Operations and Maintenance Program City of Burlingame Sewer System Management Plan 39 Motors Lubrication Insulation Operating current Vibration and alignment Other Comments Pumps Lubrication Vibration and alignment Seals Indicated flow and discharge pressure Shutoff head Corrosion and leakage evidence Drive shaft Other Comments Valves and Piping Valve operation Valve condition Pipe condition Pipe support Other Comments Element IV: Operations and Maintenance Program City of Burlingame Sewer System Management Plan 40 Other Lighting Ventilation Support systems (air, water, etc.) Signage Employee facilities Sump pump Overhead crane Portable pump connections Portable pumps Comments Element IV: Operations and Maintenance Program City of Burlingame Sewer System Management Plan 41 Appendix IV-D Rehabilitation and Replacement Program Rehabilitation and Replacement Program Budget, in $1000 Project Title FY 18/19 FY 19/20 FY 20/21 FY 21/22 FY 22/23 Easton Addition Ray Park Ph. 4 2,500 0 0 0 0 2018 Sewer Spot Rehabilitation 400 0 0 0 0 Mills Canyon Sewer Access Road Rehab 210 0 0 0 0 Burlingame Ave, Carolan to Dwight 1,500 0 0 0 0 Summerhill Easement Sewer Main 400 0 0 0 0 Easton Addition and City-wide Ph. 5 0 2,700 0 0 0 1740 Rollins Road PS Upgrade 0 1,500 0 0 0 Sewer System Modeling & Master Plan Updates 0 400 0 0 0 Easton Addition Subdivision No. 3 & 4 0 0 2,800 0 0 39” Joint FM Rehabilitation 0 0 1,000 0 0 Treatment Plant CIP 0 0 1,200 0 0 Easton Addition Subdivision No. 3 & 12 0 0 0 2,500 0 Treatment Plant CIP 0 0 0 2,100 0 Ray Park Subdivision and Neighborhood Sewer Rehabilitation 0 0 0 0 2,800 Pump Station Upgrades 0 0 0 0 1,200 Totals $5,010 $4,600 $5,000 $4,600 $4,000 Element IV: Operations and Maintenance Program City of Burlingame Sewer System Management Plan 42 Appendix IV-E Major Sewer System Equipment Inventory Critical Equipment Inventory Equipment Number Major Equipment Type Year Purchased 83 Emergency Response Truck F-350 2017 40 Vac-Con Combination Cleaning Unit 2006 85 Vac-Con Combination Cleaning Unit 2012 7438 CCTV Inspection Van 2015 31 Champion Rodder 2001 S&S Case Backhoe 1999 7486 Dump Truck (5 yd) 2002 7435 Crane Truck 2000 N/A John Deere Loader – 344G 1999 N/A Bobcat 2001 N/A Ditch Witch Skid Steer 2016 Equipment Inventory as of April 2018 Element IV: Operations and Maintenance Program City of Burlingame Sewer System Management Plan 43 Appendix IV- F Critical Sewer System Replacement Parts Inventory Critical Sewer System Replacement Parts Inventory Part Description Number in Inventory Location Transducer 3 Locker in S&S shop Flygt pump 15 hp 2 S&S shop Pump repair kits 8 S&S shop Operator Interface Terminal (OIT) 4 S&S shop Pumps 3 Portable Pumps Grove Pump Station and 1740 Rollins Hoses Various lengths Grove Pump Station and Corporation Yard Plugs Various sizes S&S shop Pipe Various sizes & Lengths S&S shop Fittings Various sizes S&S shop Last Inventory Date: April 2018 Element V: Design and Performance Provisions City of Burlingame Sewer System Management Plan 44 Element V: Design and Performance Provisions V-1. Design Criteria for Installation, Rehabilitation and Repair The City’s Wastewater Collection System Design Criteria are: V-1.1. General a. Any situation that varies from the standard conditions will require additional or specialized design features to ensure reliability, access for maintenance, and economical operation and maintenance over the life of the asset. Design conditions that differ from these standards require approval from the City Engineer. b. The sewer facilities listed below will require SCADA equipment to be incorporated into the design of the facility. The City Engineer will provide specific design requirements when improvement plans are submitted for plan check. 1. Treatment facilities 2. Sewer pump stations 3. Metering stations V-1.2. Main and Trunk Sewers a. Minimum size shall be 8 inches. b. The maximum depth of flow during peak dry weather flow shall not exceed 50% of the diameter. The maximum depth of flow during peak wet weather flow shall not exceed 90% of the pipe diameter. c. No vertical or horizontal curves shall be permitted, unless approved by the City Engineer. d. The deflection between any two successive joints will not exceed 80% of the maximum deflection recommended in writing by the pipe manufacturer. The minimum pipe length used to construct short radius curves will be two feet. e. Sewer main locations shall be located in the center of the street or easement. A minimum 10 foot separation outside of pipe to outside of pipe from waterlines shall be maintained. f. Minimum cover for sewer pipe shall be 36” below the finished grade, unless otherwise approved by the City Engineer. SWRCB Waste Discharge Requirement: a. Design and construction standards and specifications for the installation of new sanitary sewer systems, pump stations and other appurtenances; and for the rehabilitation and repair of existing sanitary sewer systems; and Procedures and standards for inspecting and testing the installation of new sewers, pumps, and other appurtenances and for rehabilitation and repair projects. Element V: Design and Performance Provisions City of Burlingame Sewer System Management Plan 45 g. Minimum Grade: A minimum velocity shall be 2 feet per second (fps) at peak daily dry weather flow. The minimum grade shall be: Pipe Diameter Minimum Grade 8” 0.50% 10” and larger 0.40% h. Grades exceeding 25% require approval by the City Engineer. i. Demands: Average daily sewer demands, in gallons per day (GPD), shall be: Connection Type Gallons per Day Single Family Residential 280 GPD per unit Multi-Family Residential 200 GPD per unit Commercial 1,750 GPD per net acre Industrial 2,450 GPD per net acre School 20 GPD per student Park and Open Space 170 GPD per net acre j. Peak daily flows for residential developments shall be based on a ratio of peak to average daily dry weather flow of 5. k. All sewer mains not located within the public right-of-way shall be provided with a minimum 10 foot wide sewer easement. In some special cases a wider easement may be required; size shall be determined by the City Engineer. Where water and sewer mains are located within the same easement, the minimum easement size shall be 20 feet wide. All easements shall be easily accessible to City's maintenance equipment. l. The standards for rehabilitation shall be: 1. All sewer main replacements in easement shall be constructed using trenchless construction methods. The materials shall be SDR-17 HDPE, C900 or SDR- 26 fusible PVC. Creek, railroad, and freeway crossings shall be SDR-17 HDPE or C900 PVC and the sewer main shall be installed in a steel casing with appropriate corrosion protection. 2. All sewer main replacements in streets and other paved areas shall be constructed using open cut or trenchless construction methods. Mains with less than 3.5 feet of cover shall be constructed using open trench construction methods. The materials shall be SDR-26 PVC, fusible PVC, C900 or SDR-17 HDPE. 3. All sags deeper than 2.5 inches shall be eliminated using spot repairs prior to proceeding with the rehabilitation method. 4. All connecting manholes, lamp holes, and clean outs shall be replaced at the time the sewer main is rehabilitated or replaced. 5. All laterals shall be reconnected to the 6” to 12” main at a 45 degree angle except HDPE laterals may be fusion welded to the main at a 30 degree angle. Large mains (12” and up) can be connected at a straighter angle. Element V: Design and Performance Provisions City of Burlingame Sewer System Management Plan 46 V-1.3. Manholes and Clean Outs a. Minimum drop through manholes shall be 0.20 feet. b. Manholes shall be required: 1. At all changes of slope, 2. At all changes of size, 3. At all changes of direction, 4. At all intersections of mains, and 5. At all ends of lines and beginnings of lines. c. All manholes shall be numbered on the plans. d. Manhole spacing shall be 300 feet maximum or as approved by the City Engineer. e. For all industrial uses, an inspection manhole shall be provided immediately behind the property line if the flow exceeds 5000 gallons per day (gpd). f. For all residential uses, a clean out shall be provided within 2 feet of the property line. g. Match the soffits of all gravity sewers entering a manhole. V-1.4. Laterals a. Each parcel or lot shall have one and only one separate connection to public sewer main. b. Minimum size shall be 4 inches. 6 inch laterals shall be provided for properties with 2 or more connected units and commercial connections. c. Sewer laterals 8 inches and larger, shall be connected to an existing manhole or a new manhole shall be constructed. d. An inspection manhole shall be provided at the property line for industrial projects where the flow will exceed 5,000 gallons per day (gpd). e. All laterals are to be shown on improvements plans by stationing or a lateral table. On “As-Built” plans all laterals shall be shown in plan view to scale and dimensioned from the nearest sewer manhole. f. Location: 1. Perpendicular to the sewer main. 2. Standard is from the center of lot to 5 feet above downstream lot line (shown on As-Built plans). 3. Services shall not be located in the driveway. g. Separation between sewer and water laterals shall be per City Standard Details. h. Minimum cover shall be 2 feet minimum at the property line. i. Any lot with a finished pad elevation lower than the highest point of the finished street grade where the sewer main is located that serves this lot, must install a sewer back flow prevention valve on private property. The valve must be installed in a valve box for easy access and be visible from Element V: Design and Performance Provisions City of Burlingame Sewer System Management Plan 47 the public right-of–way. The property owner shall be responsible for the installation and maintenance of the sewer backflow prevention valve. The backflow prevention valve shall be shown on the grading and improvement plans. 1. The backflow certification shall be completed by the developer in accordance with City standards. 2. The property owner is responsible for maintaining the backflow prevention valve in proper operating condition. V-1.5. Pump Station Pump Stations shall not be employed unless deemed essential by the City Engineer. Design criteria to be provided by the City Engineer. V-1.6. City Sewer System – Authorized Materials The authorized materials for the City Sewer System are shown on Table 11. Table 11. Acceptable Pipe Materials for New Gravity Sewers Material Designation Standard Ductile Iron Pipe (DIP) Cement mortar lined and coated, polyethylene encasement AWWA C111 High Density Polyethylene (HDPE) EHMW PE 3408 HDPE ASTM D3350 Polyvinylchloride Pipe (PVC) SDR-26 or better Fusible C900 ASTM D3033 or D3034 AWWA C900 Vitrified Clay Pipe (VCP) Extra Strength ASTM C700 V-1.7. Private Sewer Systems a. All private sewer systems serving more than one building shall be governed by and permitted through the Building Department. A manhole shall be set at the property line and at the City main if required by the City Engineer. b. The sewer system upstream of the manhole at the property line shall be considered private and shall be maintained in serviceable condition by the property owner or homeowners association. c. In the event that a private sewer system is proposed to be converted to a public system, the entire sewer system must be upgraded to meet the City standards. Element V: Design and Performance Provisions City of Burlingame Sewer System Management Plan 48 d. Acceptable pipe materials for buried main and trunk sewers 24 inches in diameter and smaller are shown in previously Table 11. Materials for other applications require the approval of the City Engineer. V-2. Inspection and Testing Criteria The City’s Wastewater Collection System Inspection and Testing Criteria are based on the State of California Standard Specifications published by the Department of Transportation. The City’s inspection and testing criteria are: V-2.1. New and Rehabilitated Gravity Sewers a. Inspection during Construction All new gravity sewers will be periodically inspected during construction to ensure that the sewer is constructed using the specified materials and methods. Specific approvals will be required by the inspector prior to backfilling the trench, prior to paving, and prior to acceptance by the City. The contractor will be required to provide survey controls so that the inspector can verify line and grade (slope). Unusual conditions and special features will be recorded for future reference. b. Leakage All new gravity sewers will be tested to verify that they have been properly constructed. Sewers between 8 and 16 inches in diameter will be tested per Installation Test Standard IS-16 issued by the International Association of Plumbing and Mechanical Officials. Low Pressure Air Test. . Gravity sewers that fail the test shall be repaired and retested until they pass. c. Deflection All flexible pipe will be tested for deflection following backfill and prior to paving by manually pulling a go, no-go deflection testing mandrel manufactured by Armco Inc. or approved equal. Gravity sewers that fail the test shall be repaired and retested until they pass. “Re-rounding” is not allowed. d. CCTV Inspection All new gravity sewers will be inspected using a closed circuit television to verify that the pipe is free from defects/damage, that the joints have been correctly constructed, and that the sewer is free from sags that will cause future operational problems. Gravity sewers shall be cleaned prior to inspection and shall be flushed with water so that sags can be readily identified. Defects shall be recorded following the City of Burlingame standards. Sags that exceed one inch in depth shall be repaired. e. Warranty Inspection All new gravity sewers will be inspected using CCTV prior to the end of the warranty period to ensure that there are no latent defects. Repairs shall be completed at Contractor’s expense. Element V: Design and Performance Provisions City of Burlingame Sewer System Management Plan 49 V-2.2. New and Rehabilitated Manholes a. Inspection during Construction All new manholes will be periodically inspected during construction to ensure that the sewer is constructed using the specified materials and methods. Unusual conditions and special features will be recorded for future reference. b. Leakage All new manholes will be tested to verify that the joints, connections, and frame/cover are tight. Manholes that fail the test shall be repaired using materials and methods approved by the City Engineer and retested until they pass. c. Manhole frame and cover within the easement areas shall be hinged type such as Pamrex brand or equal. V-2.3. New and Rehabilitated Pump Stations a. Inspection during Construction All new and rehabilitated pump stations will be periodically inspected during construction to ensure that they are constructed using the specified materials and methods. Unusual conditions and special features will be recorded for future reference. b. Functional Test All systems in new and rehabilitated pump stations will be tested to ensure they function as intended. c. Performance Test All new and rehabilitated pump stations will be required to pass an extended performance test to ensure that they are capable of reliably meeting the design performance for a period of at least 120 hours of continuous operation without failure or alarms. The results of these performance tests will be recorded for use as a basis for evaluating future pump station performance. Element VI: Overflow Emergency Response Plan City of Burlingame Sewer System Management Plan 50 Element VI: Overflow Emergency Response Plan Sanitary Sewer Overflow Emergency Response Plan (ref. SWRCB Order No. 2006-0003-DWQ Element VI) City of Burlingame Overflow Emergency Response Plan by DKF Solutions Group, LLC. VI-1. Purpose The purpose of the City of Burlingame’s Overflow Emergency Response Plan (OERP) is to support an orderly and effective response to Sanitary Sewer Overflows (SSOs). The OERP provides guidelines for City personnel to follow in responding to, cleaning up, and reporting SSOs that may occur within the City’s service area. This OERP satisfies the SWRCB Statewide General Waste Discharge Requirements (GWDR), which require wastewater collection agencies to have an Overflow Emergency Response Plan. VI-2. Policy SWRCB Waste Discharge Requirement: Each Enrollee shall develop and implement an overflow emergency response plan that identifies measures to protect public health and the environment. At a minimum, this plan must include the following: a. Proper notification procedures so that the primary responders and regulatory agencies are informed of all SSOs in a timely manner; b. A program to ensure an appropriate response to all overflows; c. Procedures to ensure prompt notification to appropriate regulatory agencies and other potentially affected entities (e.g. health agencies, Regional Water Boards, water suppliers, etc.) of all SSOs that potentially affect public health or reach the waters of the State in accordance with the MRP. All SSOs shall be reported in accordance with this MRP, the California Water Code, other State Law, and other applicable Regional Water Board WDRs or NPDES permit requirements. The Sewer System Management Plan (SSMP) should identify the officials who will receive immediate notification; d. Procedures to ensure that appropriate staff and contractor personnel are aware of and follow the Emergency Response Plan and are appropriately trained; e. Procedures to address emergency operations, such as traffic and crowd control and other necessary response activities; and A program to ensure that all reasonable steps are taken to contain and prevent the discharge of untreated and partially treated wastewater to waters of the United States and to minimize or correct any adverse impact on the environment resulting from the SSOs, including such accelerated or additional monitoring as may be necessary to determine the nature and impact of the discharge. Element VI: Overflow Emergency Response Plan City of Burlingame Sewer System Management Plan 51 The City’s employees are required to report all wastewater overflows found and to take the appropriate action to secure the wastewater overflow area, properly report to the appropriate regulatory agencies, relieve the cause of the overflow, and ensure that the affected area is cleaned as soon as possible to minimize health hazards to the public and protect the environment. The City’s goal is to respond to sewer system overflows as soon as possible following notification. The City will follow reporting procedures in regards to sewer spills as set forth by the San Francisco Regional Water Quality Control Board (SFRWQCB) and the California State Water Resources Control Board (SWRCB). A link to the SWRCB’s California Integrated Water Quality System (CIWQS) for SSO Public Records and SSO Reporting can be found on the City of Burlingame’s web site (www.burlingame.org). VI-3. Definitions As Used In This OERP CALIFORNIA INTEGRATED WATER QUALITY SYSTEM (CIWQS): Refers to the State Water Resources Control Board online electronic reporting system that is used to report SSOs, certify completion of the SSMP, and provide information on the sanitary sewer system. DATA SUBMITTER: Person or persons designated by the agency and identified in the organizational section of the CIWQS to provide data to the State CIWQS system from sanitarey sewer overflows. These persons are limited to only inserting data and do not have the authority to certify reports or data on behalf of the agency. FROG – Fats, Roots, Oils, and Grease (frequently refered to as FOG): Refers to fats, oils, and grease typically associated with food preparation and cooking activities that can cause blockages in the sanitary sewer system. LEGALLY RESPONSIBLE OFFICIAL (LRO): Refers to an individual who has the authority to certify reports and other actions that are submitted through CIWQS. MAJOR SPILL: a spill of whatever size that, based on a reasonable assessment of the spill size, location, and potential impacts, is deemed to pose an imminent and substantial endargermnet to public health or the environment. MAINLINE SEWER: Refers to City wastewater collection system piping that is not a private lateral connection to a user. MAINTENANCE HOLE OR MANHOLE: Refers to an engineered structure that is intended to provide access to a sanitary sewer for maintenance and inspection. NOTIFICATION OF AN SSO: Refers to the time at which the City becomes aware of an SSO event through observation or notification by the public or other source. Element VI: Overflow Emergency Response Plan City of Burlingame Sewer System Management Plan 52 NUISANCE - California Water Code section 13050, subdivision (m), defines nuisance as anything that meets all of the following requirements: a. Is injurious to health, or is indecent or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property. b. Affects at the same time an entire community or neighborhood, or any considerable number of persons, although the extent of the annoyance or damage inflicted upon individuals may be unequal. c. Occurs during, or as a result of, the treatment or disposal of wastes. PREVENTATIVE MAINTENANCE: Refers to maintenance activities intended to prevent failures of the wastewater collection system facilities (e.g. cleaning, CCTV, inspection). PRIVATE LATERAL SEWAGE DISCHARGES – Sewage discharges that are caused by blockages or other problems within a privately owned lateral. SANITARY SEWER OVERFLOW (SSO) - Any overflow, spill, release, discharge or diversion of untreated or partially treated wastewater from a sanitary sewer system. SSOs include: (i) Overflows or releases of untreated or partially treated wastewater that reach waters of the United States; (ii) Overflows or releases of untreated or partially treated wastewater that do not reach waters of the United States; and (iii) Wastewater backups into buildings and on private property that are caused by blockages or flow conditions within the publicly owned portion of a sanitary sewer system. SSOs that include multiple appearance points resulting from a single cause will be considered one SSO for documentation and reporting purposes in CIWQS. NOTE: Wastewater backups into buildings caused by a blockage or other malfunction of a building lateral that is privately owned are not SSOs. SSO Categories: Element VI: Overflow Emergency Response Plan City of Burlingame Sewer System Management Plan 53 Category 1: Discharge of untreated or partially treated wastewater of any volume resulting from a sanitary sewer system failure or flow condition that either: Reaches surface water and/or drainage channel tributary to a surface water; or Reached a Municipal Separate Storm Sewer System (MS4) and was not fully captured and returned to the sanitary sewer system or otherwise captured and disposed of properly. Category 2: Discharge of untreated or partially treated wastewater greater than or equal to 1,000 gallons resulting from a sanitary sewer system failure or flow condition that either: Does not reach surface water, a drainage channel, or an MS4, or The entire SSO discharged to the storm drain system was fully recovered and disposed of properly. Category 3: All other discharges of untreated or partially treated wastewater resulting from a sanitary sewer system failure or flow condition. SANITARY SEWER SYSTEM: Any publicly-owned system of pipes, pump stations, sewer lines, or other conveyances, upstream of a wastewater treatment plant headworks used to collect and convey wastewater to the publicly owned treatment facility. Temporary storage and conveyance facilities (such as vaults, temporary piping, construction trenches, wet wells, impoundments, tanks, etc.) are considered to be part of the sanitary sewer system, and discharges into these temporary storage facilities are not considered to be SSOs. SENSITIVE AREA: Refers to areas where an SSO could result in a fish kill or pose an imminent or substantial danger to human health (e.g. parks, aquatic habitats, etc.) SEWER SERVICE LATERAL: Refers to the piping that conveys sewage from the building to the City’s wastewater collection system. UNTREATED OR PARTIALLY TREATED WASTEWATER: Any volume of waste discharged from the sanitary sewer system upstream of a wastewater treatment plant headworks. WATERS OF THE STATE: Waters of the State (or waters of the United States) means any surface water, including saline waters, within the boundaries of California. In case of a sewage spill, storm drains are considered to be waters of the State unless the sewage is completely contained and returned to the wastewater collection system and that portion of the storm drain is cleaned. VI-4. State Regulatory Requirements for Element 6, Overflow Emergency Response Plan Element VI: Overflow Emergency Response Plan City of Burlingame Sewer System Management Plan 54 GWDR Requirement The collection system agency shall develop and implement an overflow emergency response plan that identifies measures to protect public health and the environment. At a minimum, this plan must include the following: (a) Proper notification procedures so that the primary responders and regulatory agencies are informed of all SSOs in a timely manner; (b) A program to ensure appropriate response to all overflows; (c) Procedures to ensure prompt notification to appropriate regulatory agencies and other potentially affected entities (e.g. health agencies, regional water boards, water suppliers, etc.) of all SSOs that potentially affect public health or reach the waters of the State in accordance with the Monitoring and Reporting Program (MRP). All SSOs shall be reported in accordance with this MRP, the California Water Code, other State Law, and other applicable Regional Water Board Waste Discharge Requirements or National Pollutant Discharge Elimination System (NPDES) permit requirements. The Sewer System Management Plan should identify the officials who will receive immediate notification; (d) Procedures to ensure that appropriate staff and contractor personnel are aware of and follow the Emergency Response Plan and are appropriately trained; (e) Procedures to address emergency operations, such as traffic and crowd control and other necessary response activities; and (f) A program to ensure that all reasonable steps are taken to contain untreated wastewater and prevent discharge of untreated wastewater to Waters of the United States and minimize or correct any adverse impact on the environment resulting from the SSOs, including such accelerated or additional monitoring as may be necessary to determine the nature and impact of the discharge. The Sewer System Management Plan and critical supporting documents are available to the public at www.burlingame.org Element VI: Overflow Emergency Response Plan City of Burlingame Sewer System Management Plan 55 VI-5. Goals The City’s goals with respect to responding to SSOs are: Work safely; Respond quickly to minimize the volume of the SSO; Eliminate the cause of the SSO; Prevent sewage system overflows or leaks from entering the storm drain system or receiving waters to the maximum extent practicable; Contain the spilled wastewater to the extent feasible; Minimize public contact with the spilled wastewater; Mitigate the impact of the SSO; Meet the regulatory reporting requirements; Evaluate the causes of failure related to certain SSOs; and Revise response procedures resulting from the debrief and failure analysis of certain SSOs. VI-6. SSO Detection and Notification ref. SWRCB Order No. 2006-0003-DWQ VI(a) The processes that are employed to notify the City of the occurrence of an SSO include: observation by the public, receipt of an alarm, or observation by City staff during the normal course of their work. The City operates six (6) wastewater lift stations, and one (1) lift station is operated by Veolia Water. All are controlled through the Supervisory Control and Data Acquisition (SCADA) computer system. In the event of any pump failure, the high level sensor activates the SCADA alarm system and the City is contacted. Pump Station alarms are considered high priority events that warrant a prompt response. Alarms are received by staff through a SMS text through the SCADA system . To prevent overflow, wastewater from the wet well can either be pumped into a vacuum truck for disposal to a nearby sanitary sewer manhole, or bypassed around the station into the sanitary sewer system. VI-6.1. Public Observation Public observation is the most common way that the City is notified of blockages and spills. Contact numbers and information for reporting sewer spills and backups are in the phone book and on the City’s website: http://www.burlingame.org. The City’s telephone number for reporting sewer problems is (650) 558-7670 during business hours and (650) 692- 0310 after hours. Normal Work Hours When a report of a sewer spill or backup is made during normal work hours, Public Works Administration staff takes the call(s) and forwards the request(s) to the proper staff in the Street and Sewer division. Element VI: Overflow Emergency Response Plan City of Burlingame Sewer System Management Plan 56 After Hours After hours service calls are answered by Police dispatch, which will notify the On-Call Public Works Street & Sewer employee. When calls are received, either during normal work hours or after hours, the individual receiving the call will collect the following information: Time and date of call Specific location of potential problem Nature of call In case of SSO, estimated start time of overflow Caller’s name and telephone number Caller’s observation (e.g., odor, duration, location on property, known impacts, indication if surface water impacted, appearance at cleanout or manhole) Other relevant information The following (Figure 3) is an overview of receiving a sewage overflow or backup report: Element VI: Overflow Emergency Response Plan City of Burlingame Sewer System Management Plan 57 Figure 3: Overview of Receiving a Sewage Overflow or Backup Report Procedure Element VI: Overflow Emergency Response Plan City of Burlingame Sewer System Management Plan 58 VI-6.2. City Staff Observation City staff conducts periodic inspections of its sewer system facilities as part of their routine activities. Any problems noted with the sewer system facilities are reported to appropriate City staff that, in turn, responds to emergency situations. Work orders are issued to correct non-emergency conditions. VI-6.3. Contractor Observation The following procedures are to be followed in the event that a contractor/plumber causes or witnesses a Sanitary Sewer Overflow. If the contractor/plumber causes or witnesses an SSO they should: 1. Immediately notify the City 2. Protect storm drains 3. Protect the public 4. Provide Information to the City Collections Crew such as start time, appearance point, suspected cause, weather conditions, etc. 5. Direct ALL media and public relations requests to the Public Works Director VI-6.4 No Observation If there are no witnesses or no call was received for a SSO, the Street & Sewer Division staff will contact nearby residences or business owners in the vicinity of the SSO, in an attempt to obtain information that brackets a given start time that the SSO began. This information will be collected and placed with records for the specific SSO. VI-7. SSO Response Procedures ref. SWRCB Order No. 2006-0003-DWQ Element 6(b) VI-7.1. Sewer Overflow/Backup Response Summary The City will respond to SSOs as soon as feasible following notification of an overflow/backup or unauthorized discharge. The following (Figure 4) is an overview of the response activities. Element VI: Overflow Emergency Response Plan City of Burlingame Sewer System Management Plan 59 Figure 4: Overview of SSO/Backup Response Element VI: Overflow Emergency Response Plan City of Burlingame Sewer System Management Plan 60 VI-7.2. First Responder Priorities The first responder’s priorities are: To follow safe work practices. To respond promptly with the appropriate and necessary equipment. To contain the spill wherever feasible. To restore the flow as soon as practicable. To minimize public access to and/or contact with the spilled sewage. To promptly notify the Streets, Storm Drains, & Sewer Divisions Manager in event of major SSO. To return the spilled sewage to the sewer system. To restore the area to its original condition (or as close as possible). VI-7.3. Safety The first responder is responsible for following safety procedures at all times. Special safety precautions must be observed when performing sewer work. There may be times when City personnel responding to a sewer system event are not familiar with potential safety hazards peculiar to sewer work. In such cases it is appropriate to take the time to discuss safety issues, consider the order of work, and check safety equipment before starting the job. VI-7.4. Initial Response The first responder must respond to the reporting party/problem site and visually check for potential sewer stoppages or overflows. The first responder will: Note arrival time at the site of the overflow/backup. Verify the existence of a public sewer system spill or backup. Determine if the overflow or blockage is from a public or private sewer. Identify and assess the affected area and extent of spill. Contact caller if time permits. If the spill is large or in a sensitive area, document conditions upon arrival with photographs. Decide whether to proceed with clearing the blockage to restore the flow or to initiate containment measures. The guidance for this decision is: o Small spills (i.e., spills that are easily contained) – proceed with clearing the blockage. o Moderate or large spill where containment is anticipated to be simple – proceed with the containment measures. Element VI: Overflow Emergency Response Plan City of Burlingame Sewer System Management Plan 61 o Moderate or large spills where containment is anticipated to be difficult – proceed with clearing the blockage; however, whenever deemed necessary, call for additional assistance and implement containment measures. Take steps to contain the SSO. For detailed procedures refer to the Street & Sewer Division’s Sanitary Sewer Overflow Field Guide. VI-7.5. Initiate Spill Containment Measures The first responder will attempt to contain as much of the spilled sewage as possible using the following steps: Determine the immediate destination of the overflowing sewage. Plug storm drains using air plugs, sandbags, and/or plastic mats to contain the spill, whenever appropriate. If spilled sewage has made contact with the storm drainage system, attempt to contain the spilled sewage by plugging downstream storm drainage facilities. Contain/direct the spilled sewage using dike/dam or sandbags. Pump around the blockage/pipe failure. For detailed procedures refer to the Street & Sewer Division’s Sanitary Sewer Overflow Field Guide. VI-7.6. Restore Flow Using the appropriate cleaning equipment, set up downstream of the blockage and hydro-clean upstream from a clear manhole. Attempt to remove the blockage from the system and observe the flows to ensure that the blockage does not reoccur downstream. If the blockage cannot be cleared within a reasonable time from arrival, or sewer requires construction repairs to restore flow, then initiate containment and/or bypass pumping. If other assistance is required, immediately contact Streets, Storm Drains, & Sewer Divisions Manager, Deputy Director of Public Works Operations or Engineering. VI-7.7. Equipment This section provides a list of specialized equipment that is required to support this Overflow Emergency Response Plan. Closed Circuit Television (CCTV) Inspection Unit – A CCTV Inspection Unit is required to determine the root cause for all SSOs from gravity sewers. Camera -- A digital or disposable camera is required to record the conditions upon arrival, during clean up, and upon departure. Element VI: Overflow Emergency Response Plan City of Burlingame Sewer System Management Plan 62 Emergency Response Trucks -- A utility body pickup truck, or open bed is required to store and transport the equipment needed to effectively respond to sewer emergencies. The equipment and tools will include containment and clean up materials. Portable Generators, Portable Pumps, Piping, and Hoses – Equipment used to bypass pump, divert, or power equipment to mitigate an SSO. Combination Sewer Cleaning Trucks -- Combination high velocity sewer cleaning trucks with vacuum tanks are required to clear blockages in gravity sewers, vacuum spilled sewage, and wash down the impacted area following the SSO event. Air plugs, sandbags and plastic mats SSO Sampling Kits Portable Lights Standard operating procedures (SOP’s) for equipment that may be necessary in the event of a sanitary sewer overflow or backup, are available in hard copy format to staff and they are located in the safety library at Public Works Corporation yard (located on second floor in the copier room). VI.8. Recovery and Cleanup ref. SWRCB Order No. 2006-0003-DWQ Element 6(e) The recovery and cleanup phase begins immediately after the flow has been restored and the spilled sewage has been contained to the extent possible. The SSO recovery and cleanup procedures are: VI-8.1. Estimate the Flow & Volume of Spilled Sewage To estimate the flow rate, crew members will use the San Diego Manhole flow rate chart. A variety of approaches exist for estimating the volume of a sanitary sewer spill. Crew members should use the method most appropriate to the sewer overflow in question and reference the Street & Sewer Division’s Sanitary Sewer Overflow field guide which provides three (3) methods. FG 4.1: Contained Volume FG 4.2: Contained in a Roadway Gutter FG 4.3: Counting Upstream Connections In addition, wherever and whenever possible, document the estimate using photos and/or video of the SSO site before and during the recovery operation. Element VI: Overflow Emergency Response Plan City of Burlingame Sewer System Management Plan 63 VI-8.2. Recovery of Spilled Sewage Vacuum up and/or pump the spilled sewage and rinse water, and discharge it back into the sanitary sewer system. VI-8.3. Cleanup and Disinfection Clean up and disinfection procedures will be implemented to reduce the potential for human health issues and adverse environmental impacts that are associated with an SSO event. The procedures described are for dry weather conditions and will be modified as required for wet weather conditions. Where cleanup is beyond the capabilities of City staff, a cleanup contractor will be used. Private Property City crews are responsible for the cleanup when the property damage is minor in nature and is outside of private building dwellings, such as in front, side and backyards, easements, etc. In all other cases, affected property owners can call a water damage restoration contractor to complete the cleanup and restoration. The City of Burlingame’s Street and Sewer Division will provide a “Sanitary Sewer Backup Response Packet” to the affected property owner in an effort to help minimize the impact by responding promptly to the situation. Hard Surface Areas Collect all signs of sewage solids and sewage-related material either by protected hand or with the use of rakes and brooms. Wash down the affected area with clean water and/or Deozyme or similar non-toxic biodegradable surface disinfectant until the water runs clear. The flushing volume will be approximately three times the estimated volume of the spill. Take reasonable steps to contain and vacuum up the wastewater. Allow area to dry. Repeat the process if additional cleaning is required. Landscaped and Unimproved Natural Vegetation Collect all signs of sewage solids and sewage-related material either by protected hand or with the use of rakes and brooms. Wash down the affected area with clean water until the water runs clear. The flushing volume will be approximately three times the estimated volume of the spill. Either contain or vacuum up the wash water so that none is released. Allow the area to dry. Repeat the process if additional cleaning is required. Natural Waterways The Department of Fish and Wildlife will be notified by CalOES for SSOs greater than or equal to 1,000 gallons. Element VI: Overflow Emergency Response Plan City of Burlingame Sewer System Management Plan 64 Wet Weather Modifications Omit flushing and sampling during heavy storm events (i.e., sheet of rainwater across paved surfaces) with heavy runoff where flushing is not required and sampling would not provide meaningful results. VI-8.4. Public Notification Signs will be posted and barricades put in place to keep vehicles and pedestrians away from contact with spilled sewage. County Environmental Health instructions and directions regarding placement and language of public warnings will be followed. Additionally, the Supervisor and Streets, Storm Drains, & Sewer Divisions Manager will use their best judgment regarding supplemental sign placement in order to protect the public and local environment. Signs will not be removed until directed by County Environmental Health, the Streets, Storm Drains, & Sewer Divisions Manager or designee. Creeks, streams and beaches that have been contaminated as a result of an SSO will be posted at visible access locations until the risk of contamination has subsided to acceptable background bacteria levels. The area and warning signs, once posted, will be checked every day to ensure that they are still in place. Photographs of sign placement will be taken. In the event that an overflow occurs at night, the location will be inspected first thing the following day. The field crew will look for any signs of sewage solids and sewage-related material that may warrant additional cleanup activities. When contact with the local media is deemed necessary, the Public Works Director or his designee will provide the media with all revelvant information. VI.9. Water Quality ref. SWRCB Order No. 2006-0003-DWQ Element 6(f) VI-9.1. Waters of the State The San Francisco Bay is in the City of Burlingame’s service area. In the event that these waters are impacted by a sanitary sewer overflow, the City’s Sanitary Sewer Management Plan includes a list of vendors to contact. See appendix IV-G: Appendix IV-G Element VI: Overflow Emergency Response Plan City of Burlingame Sewer System Management Plan 65 Vendor, Contractor, and Agency Contact Information Vendor/Agency Contact Name Address Phone Number(s) Service Veolia Antrena Trimble 1103 Airport Blvd. Burlingame 650-342-3727 Treatment Plant The EDCCO Group Eric Daniel, P.E. 195 Glenn Way, Ste 100 San Carlos, CA. 94070 Tel: 650-637-2232 Fax 650-649-2328 Cell: 650-465-7998 SCADA Telstar Instruments, Inc. Paul Berson 1717 Solano Way#34 Concord, CA. Tel: 925-671-2888 Cell:925-250-9346 SCADA Edward R. Bacon Company Harry N. How III Mark Peterson 255 Fitzgerald Ave San Martin, CA. 95046 408-846-1600 Pumps CRESCO Xpress Don Miramontes 1336 Rollins Road Burlingame, CA. 94010 650-347-4660 Generators Ferguson Water Works Groeniger & Company Roberts & Brune Co. Scott Silverthorne Carey Brown 27750 Industrial Blvd Hayward, CA. 94545 939 Broadway Redwood City, CA. 94063 510-786-3333 650-366-3833 Pipe, fittings and Supply CRESCO Xpress Don Miramontes 1336 Rollins Road Burlingame, CA. 94010 650-347-4660 Equipment Rental All Industrial Electric Supply, Inc. 895 Mitten Road Burlingame, CA. 94010 Tel. (650) 777 -0060 Electrical supplies BKF Michael Liu 255 Shoreline Drive #200 Redwood City, Ca. 94065 Tel. (650) 482-6330 Fax. (650) 482-6399 General Engineering Contractor DW Pumps Roger Marshall 14855 Wicks Blvd San Leandro, CA. 94577 510-633-2040 510-714-8110 (cell) Bypass Pump Equipment Rain for Rent Tony de Bellis 5301 Live Oak Avenue Oakley, CA. 94561 925-679-2803 Bypass Pump Equipment Municipal Maintenance Equipment Bob Egli 1930 W Winton Ave. Hayward, CA. 94545 510-670-0230 Vac-Con Element VI: Overflow Emergency Response Plan City of Burlingame Sewer System Management Plan 66 VI-9.2. Water Quality Sampling and Testing Water quality sampling and testing will be performed for Category 1 SSOs whenever there is a major spill to determine the extent and impact of the SSO. The water quality sampling procedures must be implemented within 48 hours and include the following: The first responders will contact the Burlingame treatment plant to collect samples as soon as possible after the discovery and mitigation of the SSO event. The water quality samples will be collected from upstream of the spill, from the spill area, and downstream of the spill in flowing water (e.g. creeks). The water quality samples will be collected near the point of entry of the spilled sewage. The samples shall then be brought to the Burlingame Treatment Plant Laboratory. VI-9.3. Water Quality Monitoring Plan The City Water Quality Monitoring Plan will be implemented immediately upon discovery of any Category 1 SSO whenever there is a major spill in order to assess impacts from SSOs to surface waters. The SSO Water Quality Monitoring Program will: 1. Contain protocols for water quality monitoring. 2. Account for spill travel time in the surface water and scenarios where monitoring may not be possible (e.g. safety, legal right to access, etc.) 3. Require water quality analyses for ammonia and bacterial indicators to be performed by an accredited or certified laboratory. 4. Require monitoring instruments and devices used to implement the SSO Water Quality Monitoring Program to be properly maintained and calibrated, including any records to document maintenance and calibration, as necessary, to ensure their continued accuracy. 5. Within 48 hours of the City becoming aware of the SSO, require water quality sampling for fecal coliform, E. Coli, biochemical oxygen demand (BOD), and ammonia. 6. Observe proper chain of custody procedures. 7. If the City’s current standard operating procedures (SOP’s) cannot fully mitigate an SSO and if it is determined that the SSO may pose an imminent and substantial endangerment to public health or the environment, the City shall consult a qualified biologist, health care specialist or equivalent professional to assist. Element VI: Overflow Emergency Response Plan City of Burlingame Sewer System Management Plan 67 VI-9.4. SSO Technical Report The City will submit an SSO Technical Report to the CIWQS Online SSO Database within 45 calendar days of the SSO end date for any major SSO spilled to surface waters. The Supervisor, Streets, Storm Drains, & Sewer Divisions Manager, and Deputy Director of Public Works Operations will supervise the preparation of this report and will certify this report. This report, which does not preclude the Water Boards from requiring more detailed analyses if requested, shall include at a minimum, the following: Causes and Circumstances of the SSO: Complete and detailed explanation of how and when the SSO was discovered. Diagram showing the SSO failure point, appearance point(s), and final destination(s). Detailed description of the methodology employed and available data used to calculate the volume of the SSO and, if applicable, the SSO volume recovered. Detailed description of the cause(s) of the SSO. Copies of original field crew records used to document the SSO. Historical maintenance records for the failure location. City’s Response to SSO: Chronological narrative description of all actions taken by the City to terminate the spill. Explanation of how the SSMP Overflow Emergency Response Plan was implemented to respond to and mitigate the SSO. Final corrective action(s) completed and/or planned to be completed, including a schedule for actions not yet completed. Water Quality Monitoring: Description of all water quality sampling activities conducted including analytical results and evaluation of the results. Detailed location map illustrating all water quality sampling points. A link to the State Water Resource Control Boards (SWRCB) California Integrated Water Quality System (CIWQS) for SSO Public Records and SSO Reporting can be found on the City of Burlingame’s web site (www.burlingame.org). Element VI: Overflow Emergency Response Plan City of Burlingame Sewer System Management Plan 68 VI.10. Sewer Backup Into/Onto Private Property Claims Handling Policy It is the policy of the City that a claims form shall be available to anyone wishing to present a claim for evaluation. The following procedures will be observed for all sewer overflows/backups into/onto private property: City staff will provide a Customer Service Packet whenever a backup occurs into or onto private property. The Customer Service Packet is located within the Overflow Emergency Response Plan and provides the customer a brief set of instruction to minimize the impact of the incident. Additionally, the packet provides the locations where a claim form can be found if they choose to present a claim to the City for evaluation. It is the responsibility of the Collections Crew to gather information regarding the incident and notify the Streets, Storm Drains, & Sewer Divisions Manager or his/her designee. It is the responsibility of the City Attorney or his/her designee to review all claims and to oversee the adjustment and administration of the claim to closure. VI.11. Notification, Reporting, Monitoring and Recordkeeping Requirements ref. SWRCB Order No. 2006-0003-DWQ Element 6(c) In accordance with the Statewide General Waste Discharge Requirements for Sanitary Sewer Systems (SSS GWDRs), the City of Burlingame maintains records for each sanitary sewer overflow. Records include: Documentation of response steps and/or remedial actions Photographic evidence to document the extent of the SSO, field crew response operations, and site conditions after field crew SSO response operations have been completed. The date, time, location, and direction of photographs taken will be documented. Documentation of how any estimations of the volume of discharged and/or recovered volumes were calculated including all assumptions made. Regulator required notifications are outlined in Table 12 on the following page. Element VI: Overflow Emergency Response Plan City of Burlingame Sewer System Management Plan 69 Table 12: Regulator Required Notifications ELEMENT REQUIREMENT METHOD NOTIFICATION Within two hours of becoming aware of any Category 1 SSO greater than or equal to 1,000 gallons discharged to surface water or spilled in a location where it probably will be discharged to surface water, the City will notify the California Office of Emergency Services (CalOES) and obtain a notification control number. Call Cal OES at: (800) 852-7550 REPORTING Category 1 SSO: The City will submit draft report within three business days of becoming aware of the SSO and certify within 15 calendar days of SSO end date. Category 2 SSO: The City will submit draft report within 3 business days of becoming aware of the SSO and certify within 15 calendar days of the SSO end date. Category 3 SSO: The City will submit certified report within 30 calendar days of the end of month in which SSO the occurred. SSO Technical Report: The City will submit within 45 calendar days after the end date of any Category 1 SSO in which 50,000 gallons or greater are spilled to surface waters. “No Spill” Certification: The City will certify that no SSOs occurred within 30 calendar days of the end of the month or, if reporting quarterly, the quarter in which no SSOs occurred. Collection System Questionnaire: The City will update and certify every 12 months Enter data into the CIWQS Online SSO Database3 (http://ciwqs.waterboards.ca .gov/) certified by the Legally Responsible Official(s) 4. All information required by CIWQS will be captured in the Sanitary Sewer Overflow Report. Certified SSO reports may be updated by amending the report or adding an attachment to the SSO report within 120 calendar days after the SSO end date. After 120 days, the State SSO Program Manager must be contacted to request to amend an SSO report along with a justification for why the additional information was not available prior to the end of the 120 days. 3 In the event that the CIWQS online SSO database is not available, the Street and Sewer Assistant Superintendent or his designee will notify SWRCB by phone and will fax or e-mail all required information to the RWQCB office at (510) 622-2460 in accordance with the time schedules identified above. In such an event, the City will submit the appropriate reports using the CIWQS online SSO database when the database becomes available. A copy of all documents that certify the submittal in fulfillment of this section shall be retained in the SSO file. 4 The City always has at least one LRO. Any change in the LRO(s) including deactivation or a change to contact information, will be submitted to the SWRCB within 30 days of the change by calling (866) 792- 4977 or emailing help@ciwqs.waterboards.ca.gov. Element VI: Overflow Emergency Response Plan City of Burlingame Sewer System Management Plan 70 ELEMENT REQUIREMENT METHOD WATER QUALITY MONITORING The City will conduct water quality sampling within 48 hours after initial SSO notification for Category 1 SSOs in which 50,000 gallons or greater are spilled to surface waters. Water quality results will be uploaded into CIWQS for Category 1 SSOs in which 50,000 gallons or greater are spilled to surface waters. RECORD KEEPING The City will maintain the following records: SSO event records. Records documenting Sanitary Sewer Management Plan (SSMP) implementation and changes/updates to the SSMP. Records to document Water Quality Monitoring for SSOs of 50,000 gallons or greater spilled to surface waters. Collection system telemetry records if relied upon to document and/or estimate SSO Volume. Self-maintained records shall be available during inspections or upon request. For reporting purposes, if one SSO event of whatever category results in multiple appearance points in a sewer system, a single SSO report is required in CIWQS that includes the GPS coordinates for the location of the SSO appearance point closest to the failure point, blockage or location of the flow condition that cause the SSO, and descriptions of the locations of all other discharge points associated with the single SSO event. VI-11.1. Complaint Records The City maintains records of all complaints received whether or not they result in sanitary sewer overflows. These complaint records include: Date, time, and method of notification Date and time the complainant or informant first noticed the SSO or occurrence related to the call Narrative description describing the complaint A statement from the complainant or informant, if they know, of whether or not the potential SSO may have reached waters of the state Name, address, and contact telephone number of the complainant or informant reporting the potential SSO (if not reported anonymously) Element VI: Overflow Emergency Response Plan City of Burlingame Sewer System Management Plan 71 Follow-up return contact information for each complaint received (if not reported anonymously) Final resolution of the complaint with the original complainant Work service request information used to document all feasible and remedial actions taken All complaint records related to an SSO whether or not they result in an SSO will be maintained under the City of Burlingame’s records management policy. The retention schedule will follow those under the Department of Public Works VI.12. Post SSO Event Debriefing ref. SWRCB Order No. 2006-0003-DWQ Element 6(d) Every SSO event is an opportunity to evaluate the City response and reporting procedures. Each overflow event is unique, with its own elements and challenges including volume, cause, location, terrain, climate, and other parameters. As soon as possible after Category 1 and Category 2 SSO events all of the participants, from the person who received the call to the last person to leave the site, will meet to review the procedures used and to discuss what worked and where improvements could be made in preventing or responding to and mitigating future SSO events. The results of the debriefing will be documented and tracked to ensure the action items are completed as scheduled. VI.13. Failure Analysis Investigation ref. SWRCB Order No. 2006-0003-DWQ Element 6(d) The objective of the failure analysis investigation is to determine the “root cause” of the SSO and to identify corrective action(s) needed that will reduce or eliminate future potential for the SSO to recur or for other SSOs to occur. The investigation will include reviewing all relevant data to determine appropriate corrective action(s) for the line segment. The investigation will include: Reviewing and completing the Sanitary Sewer Overflow Report (in Appendix B and Appendix C in the Overflow Emergency Response Plan) and any other documents related to the incident Reviewing the incident timeline and other documentation regarding the incident Reviewing communications with the reporting party and witness Reviewing volume estimate, volume recovered estimate, volume estimation assumptions and associated drawings Reviewing available photographs Element VI: Overflow Emergency Response Plan City of Burlingame Sewer System Management Plan 72 Interviewing staff that responded to the spill Reviewing past maintenance records Reviewing past CCTV records, Conducting a CCTV inspection to determine the condition of all line segments immediately following the SSO and reviewing the video and logs, Reviewing any Fats, Oils, Roots and Grease (FROG) related information or results Post SSO debrief records Interviews with the public at the SSO location The product of the failure analysis investigation will be the determination of the root cause and the identification and scheduling of the corrective actions. The Collection System Failure Analysis Form will be used to document the investigation. VI.14. SSO Response Training ref. SWRCB Order No. 2006-0003-DWQ Element 6(d) This section provides information on the training that is required to support this Overflow Emergency Response Plan. VI-14.1. Initial and Annual Refresher Training All City personnel who may have a role in responding to, reporting, and/or mitigating a sewer system overflow will receive training on the contents of this OERP. All new employees will receive training before they are placed in a position where they may have to respond. Current employees will receive annual refresher training on this plan and the procedures to be followed. The City will document all training. Affected employees will receive annual training on the following topics by knowledgeable trainers: The City’s Overflow Emergency Response Plan and Sanitary Sewer Management Plan Sanitary Sewer Overflow Volume Estimation Techniques Researching and documenting Sanitary Sewer Overflow Start Times Impacted Surface Waters: Response Procedures State Water Resources Control Board Employee Knowledge Expectations Employee Core Competency Evaluations on Sanitary Sewer Operations Water Quality Sampling Plan Element VI: Overflow Emergency Response Plan City of Burlingame Sewer System Management Plan 73 The City will verify that annual safety training requirements are current for each employee, and that employees are competent in the performance of all core competencies. This will be verified through electronic testing, interviews and observations. The City will address, through additional training/instruction, any identified gaps in required core competencies. Through SWRCB Employee Knowledge Expectations training the employee will be able to answer the following: 1. Please briefly describe your name and job title. 2. Please describe for us approximately when you started in this field and how long you have worked for your agency. 3. Please expand on your current position duties and role in responding in the field to any SSO complaints. 4. Please describe your SOPs used to respond/mitigate SSOs when they occur. 5. Describe any training your agency provides or sends you to for conducting spill volume estimates. 6. We are interested in learning more about how your historical SSO response activities have worked in the field. We understand from discussions with management earlier that you use the OERP from the SSMP. Please elaborate on how you implement and utilize the procedures in the plan. 7. Historically, before any recent changes, can you please walk us through how you would typically receive and respond to any SSO complaints in the field? 8. Can you tell us who is responsible for estimating SSO volumes discharged? If it is you, please describe how you go about estimating the SSO volume that you record on the work order/service request forms? 9. What other information do you collect or record other than what is written on the work order form? 10. Describe if and when you ever talk with people that call in SSOs (either onsite or via telephone) to further check out when the SSO might have occurred based on what they or others know? If you do this, can you tell us where this information is recorded? 11. We understand you may be instructed to take pictures of some sewer spills/backups into structures. Other than these SSOs, when else would you typically take any pictures of an SSO? 12. Please walk us through anything else you’d like to add to help us better understand how your field crews respond and mitigate SSO complaints. VI-14.2. SSO Response Drills Periodic training drills or field exercises will be held to ensure that employees are up to date on these procedures, equipment is in working Element VI: Overflow Emergency Response Plan City of Burlingame Sewer System Management Plan 74 order, and the required materials are readily available. The training drills will cover scenarios typically observed during sewer related emergencies (e.g. mainline blockage, mainline failure, and lateral blockage). The results and the observations during the drills will be recorded and action items will be tracked to ensure completion. VI-14.3. SSO Training Record Keeping Records will be kept of all training that is provided in support of this plan. The records for all scheduled training courses and for each overflow emergency response training event and will include date, time, place, content, name of trainer(s), and names and titles of attendees. VI-14.4. Contractors Working On City Sewer Facilities All construction contractors working on City sewer facilities will be required to develop a project-specific OERP, will provide project personnel with training regarding the content of the contractor’s OERP and their role in the event of an SSO, and to follow that OERP in the event that they cause or observe an SSO. Emergency response procedures shall be discussed at project pre-construction meetings, regular project meetings and after any contractor involved incidents. All service contractors will be required to observe contractor procedures. VI-14.5. High Priority Assets Table 13 lists the assets that need to be monitored and inspected prior to, during, and following an extreme weather event or natural disaster: Element VI: Overflow Emergency Response Plan City of Burlingame Sewer System Management Plan 75 Table 13: High Priority Assets Critical Asset Location Monitor and Inspection Description 399 Rollins – Sewer PS 399 Rollins Rd. Wet well levels, flow into wet well, pump functions, SCADA communications at Corp Yard. 1740 Rollins Road – Sewer PS 1740 Rollins Rd. Wet well levels, flow into wet well, pump functions, SCADA communications at Corp Yard. Mitten – Sewer PS 1775 Gilbreth Rd. Wet well levels, flow into wet well, pump functions, SCADA communications at Corp Yard.. Gilbreth – Sewer PS 1628 Gilbreth Rd. Wet well levels, flow into wet well, pump functions, SCADA communications at Corp Yard. Hyatt – Sewer PS 1301 Bayshore Hwy. Wet well levels, flow into wet well, pump functions, SCADA communications at Corp Yard. Airport – Sewer PS 710 Airport Blvd. Wet well levels, flow into wet well, pump functions, SCADA communications at Corp Yard. 1000 Rollins Road – Sewer PS 1000 Rollins Road Wet well levels, flow into wet well, pump functions, SCADA communications at Treatment Plant Marsten – Storm PS 1392 Marsten Rd. Wet well levels, flow into bay or wet well, pump & motor functions, oil reservoirs, trash racks, SCADA communications at Corp Yard. Adrian – Storm PS 1501 Adrian Rd. Wet well levels, flow into bay or wet well, pump & motor functions, oil reservoirs, trash racks, SCADA communications at Corp Yard. 1740 Rollins – Storm PS 1740 Rollins Rd. Wet well levels, flow into bay or wet well, pump & motor functions, oil reservoirs, trash racks, SCADA communications at Corp Yard. Cowan – Storm PS 842 Cowan Rd. Wet well levels, flow into bay or wet well, pump & motor functions, oil reservoirs, tr ash racks, SCADA communications at Corp Yard. California @ Grove – Storm PS 1420 California Dr. Wet well levels, flow into bay or wet well, pump & motor functions, oil reser voirs, trash racks, SCADA communications .at Corp Yard. California Sewer interceptor California Drive from Broadway to Dufferin Rd. Water level in manholes, flow, infiltration or exfiltration, manhole condition, etc. Sewer syphon 1405 N. Carolan Ave.- Easton creek @ N. Carolan Water level in manhole, floating debris, flow, infiltration or exfiltration, manhole condition, etc. Sewer syphon 1492 Rollins Rd. - Mills Creek @ Rollins Water level in manhole, floating debris, flow, infiltration or exfiltration, manhole condition, etc. Sewer syphon 1399 Rollins Rd. - Easton Creek @ Rolllins Water level in manhole, floating debris, flow, infiltration or exfiltration, manhole condition, etc. Sewer syphon Rollins & Francisco Water level in manhole, floating debris, flow, infiltration or exfiltration, manhole condition, etc. Sewer syphon 1008 Carolan Ave – between railroad tracks and street curb. Water level in manhole, floating debris, flow, infiltration or exfiltration, manhole condition, etc. Sewer syphon Behind 1013/1011 Chula Vista Ave. Water level in manhole, floating debris, flow, infiltration or exfiltration, manhole condition, etc. Sewer syphon 50 Broderick Road - Under storm culvert towards railroad tracks Water level in manhole, floating debris, flow, infiltration or exfiltration, manhole condition, etc. Element VI: Overflow Emergency Response Plan City of Burlingame Sewer System Management Plan 76 VI.15. Authority Health & Safety Code Sections 5410-5416 CA Water Code Section 13271 Fish & Wildlife Code Sections 5650-5656 State Water Resources Control Board Order No. 2006-0003-DWQ State Water Resources Control Board Order 2013-009-DWQ effective September 9, 2013 VI.16. References Sanitary Sewer Overflow and Backup Response Field Guide, 2013, DKF Solutions Group, LLC Regulatory Notifications Packet Sanitary Sewer Backup Packet Sanitary Sewer Overflow Packet Contractor Orientation Element VII: FOG Control Program City of Burlingame Sewer System Management Plan 77 Element VII: FOG Control Program VII-1. Nature and Extent of FOG Problem The City’s SSO and Spill Reduction Performance Goal require the City to identify controllable sources of SSO-generating activities through the implementation of a FOG Program. The overall aim is to reduce the occurrence of FOG-related mainline SSO’s in the service area over time. The City focused on food service establishments (FSEs) to prevent or reduce FOG-related mainline SSOs in an effective manner. In 2008, the City modified its FOG Source Control Program to include public outreach targeting residential areas with FOG-related mainline SSOs. All residential FOG-related mainline SSO’s are categorized and mapped. This data is utilized by City staff to assist with identifying areas or line segments of the sanitary sewer collection system prone to FOG-related stoppages. Staff establishes a prioritized or accelerated preventive cleaning, inspection and maintenance schedule for each identified area. Table 14 lists the total number of FOG- related mainline SSOs from 2014 to 2017. The location of each FOG-related mainline SSO is mapped by year as shown in Figure 5. The corresponding date and location for each mapped SSO event are listed on Table 15. Figure 5 and Table 15 are reported in calendar years for 2014-2017. SWRCB Waste Discharge Requirement: Each Enrollee shall evaluate its service area to determine whether a FOG control program is needed. If an Enrollee determines that a FOG program is not needed, the Enrollee must provide justification for why it is not needed. If FOG is found to be a problem, the Enrollee must prepare and implement a FOG source control program to reduce the amount of these substances discharged to the sanitary sewer system. This plan shall include the following as appropriate: a. An implementation plan and schedule for a public education outreach program that promotes proper disposal of FOG; b. A plan and schedule for the disposal of FOG generated within the sanitary sewer system service area. This may include a list of acceptable disposal facilities and/or additional facilities needed to adequately dispose of FOG generated within a sanitary sewer system service area; c. The legal authority to prohibit discharges to the system and identify measures to prevent SSOs and blockages caused by FOG; d. Requirements to install grease removal devices (such as traps or interceptors), design standards for the removal devices, maintenance requirements, BMP requirements, record keeping and reporting requirements; e. Authority to inspect grease producing facilities, enforcement authorities, and whether the Enrollee has sufficient staff to inspect and enforce the FOG ordinance; f. An identification of sanitary sewer system sections subject to FOG blockages and establishment of a cleaning maintenance schedule for each section; and Development and implementation of source control measures for all sources of FOG discharged to the sanitary sewer system for each section identified in (f) above. Element VII: FOG Control Program City of Burlingame Sewer System Management Plan 78 Table 14: Historical FOG-Related SSOs Calendar Year Number 2014 3 2015 0 2016 1 2017 0 The City’s recent history with FOG related mainline SSO’s is shown in Table 14. A spatial analysis was conducted using available data on FOG-related problems. The data included SSOs, service calls, FOG control agent sites and sewers that have a preventive maintenance frequency of one month. The results of the an alysis are shown in Figure 5. Areas with significant FOG-related activities are the “Hot Spot” areas. The conclusion from the analysis is that the low number of FOG-related SSOs is the result of an effective commercial grease source control program combined with an effective preventive maintenance program. However, it should be noted the data is very limited. Based on this analysis, the City will continue its commercial FOG Source Control Program, it will use data from its preventive maintenance program to optimize sewer -cleaning frequencies, and it will gather additional data for use in future SSMP updates. Table 15. Dates and Location of FOG- Related Main SSOs 2014-2017 2014 3/27/2014 810 Malcolm Road 9/9/2014 1253 Laguna Ave. 11/20/2014 1012 Cortez Ave. 2015 N/A None 2016 7/12/2016 40 Broderick Road 2017 N/A None Element VII: FOG Control Program City of Burlingame Sewer System Management Plan 79 Figure 5: Location of FOG-Related Problems, 2014-2017 In addition, the collection crew employs the use of Novozymes to augment its preventative and maintenance activity in areas identified as needing added control measure to minimize the occurrence of FOG-related problems. Novozymes is a FOG control agent that is formulated to control the accumulation of grease. Table 16 lists the current areas where it is applied along with the quanity and frequency of application. Element VII: FOG Control Program City of Burlingame Sewer System Management Plan 80 Table 16. FOG Control Agent Sites (as of April 2018) VII-2. FOG Source Control Program & Inspections The City’s FOG Source Control Program is intended to work in conjunction with the City’s preventive maintenance program to monitor and prevent FOG-related SSOs. It remains an essential component in meeting and maintaining its projected SSO reduction performance goals mandated by the Sanitary Sewer WDR The elements of the City’s FOG Source Control Program include: Requirement for the installation of grease removal devices (GRDs); Permitting food service establishments (FSE); Requirement for proper operation and maintenance of GRDs Verification of grease handling and disposal practices FSE inspections Public Education and Outreach and Enforcement. The City of Burlingame’s wastewater treatment facility (WWTF) is operated by Veolia North America (Veolia). Veolia is responsible for administering the City’s Pretreatment Program which includes the FOG Source Control Program. The staffing consists of one Environmental Compliance Manager and one Source Control Inspector. This level of staffing is considered adequate. Site Name MH Numbers Quantity Used (# of Bags) Frequency of Use (#/week) California Drive – Hatch Lane E7-21007 E6-21006 3 2 1 1740 Rollins Road PS B3-21035 A3-21002 2 2 1 Malcom-Stanley-Hinckley A4-21030 A4-21023 A4-21018 2 1 4 1 Hyatt PS B4-21024 B5-21004 2 1 1 Airport C7-21015 4 1 Element VII: FOG Control Program City of Burlingame Sewer System Management Plan 81 The legal authority to implement, monitor and enforce the elements of the FOG Program in the service area is governed under the City of Burlingame’s Sanitary Sewer Use (SUO) ordinance. The SUO provides the legal authority to prohibit FOG discharges to the sanitary sewer collection system under Generally Prohibited Wastes which states that “No person shall discharge or cause to be discharged to a public sewer any waste, including any fats, oils, or grease, that creates a stoppage, plugging, breakage, any reduction in the sewer capacity, or any other damage to sewers or sewerage facilities of the city” [15.10.038(c)]. In addition the SUO regulates FOG wastewater under Specifically Prohibited Wastes which states “Any solids or viscous substances of such size or in such quantity that they may cause flow obstruction in any part of the sewer or be detrimental to proper wastewater treatment plant operations. Such substances include but are not limited to…fat s, oils, grease…” [15.10.040(c)]. FSEs subject to the FOG Program are required to install GRDs consistent with the recommended procedures for design, construction and installation based on the current adopted California Plumbing Code enforced in the Municipal Code [18.08.010]. Plan checks and permit application review for grease removal device (GRD) installation are coordinated with the Building Division during the building permit application process which includes review by the Veolia Environmental Compliance Manager and/or Source Control Inspector. FSEs subject to the FOG Program are required to obtain a wastewater discharge permit, which provides the legally enforceable framework to enforce the elements of the FOG Program. The discharge permit contains specific permit conditions, which require FSEs to implement FOG Best Management Practices (BMPs) including: Proper GRD operation and maintenance Documentation and retention of GRD pumping/cleaning activities Employee training on FOG handling BMPs, proper equipment cleaning, spill response clean up and control procedures Prohibition on the installation and use of food waste disposal grinder Proper disposal of grease, oils, and meat fat Prohibition on the use or addition of chemical or biological agent for the maintenance of GRD Control of sanitizer and dishwasher temperatures within the sanitary waste discharge lines (placement and discharge of these appliances with respect to the GRD). The discharge permit also provides information on facility specifics relating to local limits, inspection requirements and rights of entry, reporting requirements relating to spill or accidental discharges, records retention, confidential information, limit or permit transfer, perjury clause, fees, permit duration, and permit renewal process. In sum, discharge permits issued to FSEs under the FOG Program are similar and consistent with a discharge permits typically issued to establishments covered under the Pretreatment Program Element VII: FOG Control Program City of Burlingame Sewer System Management Plan 82 The Enforcement Response Plan (ERP) guideline that was developed and approved to enforce the Pretreatment Program is also used to enforce the FOG Program. The ERP serves as a guidance document to ensure that inspection staff takes consistent actions to achieve timely and effective compliance. The ERP contains procedures and progressive enforcement actions for various field violation scenarios which include verbal and written notices of violations, cleanup requirements, halting dischargers that threaten the environment, and administrative and criminal penalties. Each level of corrective action includes a schedule to achieve timely compliance. Veolia staff work with the City staff in making recommendations for effective enforcement actions. Enforcement actions are coordinated and communicated with applicable City staff to ensure timely resolution. Public education and outreach remains an integral element of the FOG Program. Outreach is provided to FSE staff and management during routine inspection. Regional bilingual FOG BMP pamphlets and posters are distributed to staff and management to increase their knowledge on proper management of grease waste. Other materials distributed may include grease scrapers, a list of local grease haulers and cooking oil recyclers, and general technical information on grease removal devices. Inspectors strive to provide educational information to ensure FSE staff and management to ensure continued compliance with their discharge permit. Outreach targeting the general public is primarily achieved through distribution of FOG brochures and scrapers during city-sponsored events. The collection crew provides additional outreach by distributing FOG door hangers and brochure to homeowners during service calls and routine preventative maintenance activity. FOG related brochures are available on the City website. The City is cognizant of the operation of the commercial grease haulers operating in its service area. Used grease is disposed of at commercial grease rendering facilities (e.g., Darling International in San Francisco) or at a wastewater treatment plant that accepts grease (San Jose/Santa Clara or South Bayside Systems Authority). The Burlingame WWTF does not accept commercial hauler FOG. VII-3. Response to GWDR Requirements Requirement (a): An implementation plan and schedule for a public education outreach program that promotes proper disposal of FOG. Response: The City is currently managing its FOG-related problems with a FOG Source Control Program, a focused preventive maintenance program (sewer cleaning) and appli cation of FOG control agents. City crews provide information on proper FOG disposal to residents who have experienced a FOG-related blockage or SSO. The infrequent blockages and SSOs that are caused by FOG from residential sources are minor. The City implemented Element VII: FOG Control Program City of Burlingame Sewer System Management Plan 83 an outreach program where it provides information to the residents in the form of a brochure and on the City’s web site, https://www.burlingame.org Requirement (b): A plan and schedule for the disposal of FOG generated within the sanitary sewer system service area. This may include a list of acceptable disposal facilities and/or additional facilities needed to dispose of FOG generated within a sanitary sewer system service area. Response: There are three disposal sites used by the commercial grease haulers working within the City’s service area, as mentioned above in VII-2. Based on the City’s ongoing experience with the commercial grease haulers, there is no indication that additional grease disposal sites are needed at this time. Requirement (c): The legal authority to prohibit discharges to the system and identify measures to prevent SSOs and blockages caused by FOG. Response: The City’s Municipal Code provides the legal basis and authority (see Element III) for the City’s FOG Control Program. Requirement (d): Requirements to install grease removal devices (such as traps or interceptors), design standards for the grease removal devices, maintenance requirements, BMP requirements, record keeping and reporting requirements. Response: The City’s FOG Control Program described above, legal authority as described in Element 3, and the City’s Municipal Code currently meets these requirements. Requirement (e): Authority to inspect grease producing facilities, enforcement authorities, and determination of whether the collection system agency has sufficient staff to inspect and enforce the FOG ordinance. Response: The City’s FOG Control Program described above, legal authority as described in Element 3, and the City’s Municipal Code currently meet these requirements. Requirements (f) and (g): Requirement (f): an identification of sewer system sections subject to FOG blockages and the establishment of a cleaning maintenance schedule for each section, and (g): development and implementation of source control measures, for all sources of FOG discharged to the sewer system, for each sewer system section identified in (f) above. Element VII: FOG Control Program City of Burlingame Sewer System Management Plan 84 Response: The City’s FOG Source Control Program and its preventive maintenance program are currently focused on the problematic grease dischargers and the FOG “Hot Spot” areas that are shown previously in Figure 5. Element VIII: System Evaluation and Capacity Assurance Plan VIII-1. System Evaluation - Collection System Master Plan The City completed a Sewer System Master Plan in December 1999 (Master Plan). The master planning effort included selection of a design storm, flow monitoring, hydraulic modeling, smoke testing, manhole inspection, and CCTV inspection. The design storm used in evaluating the capacity of the City’s wastewater collection system facilities was a 5 year, 24 hour storm. The Master Plan identified eleven (11) wastewater collection system facilities that needed additional capacity in order to handle the flows associated with the design storm event. Some of the capacity deficiencies have been addressed in the past CIP projects. However, the City’s model is outdated and was not able to evaluate the current situation adequately. SWRCB Waste Discharge Requirement: The Enrollee shall prepare and implement a capital improvement plan (CIP) that will provide hydraulic capacity of key sanitary sewer system elements for dry weather peak flow conditions, as well as the appropriate design storm or wet weather event. At a minimum, the plan must include: a. Evaluation: Actions needed to evaluate those portions of the sanitary sewer system that are experiencing or contributing to an SSO discharge caused by hydraulic deficiency. The evaluation must provide estimates of peak flows (including flows from SSOs that escape from the system) associated with conditions similar to those causing overflow events, estimates of the capacity of key system components, hydraulic deficiencies (including components of the system with limiting capacity) and the major sources that contribute to the peak flows associated with overflow events; b. Design Criteria: Where design criteria do not exist or are deficient, undertake the evaluation identified in (a) above to establish appropriate design criteria; and c. Capacity Enhancement Measures: The steps needed to establish a short- and long-term CIP to address identified hydraulic deficiencies, including prioritization, alternatives analysis, and schedules. The CIP may include increases in pipe size, I/I reduction programs, increases and redundancy in pumping capacity, and storage facilities. The CIP shall include an implementation schedule and shall identify sources of funding. Schedule: The Enrollee shall develop a schedule of completion dates for all portions of the capital improvement program developed in (a)-(c) above. This schedule shall be reviewed and updated consistent with the Sewer System Management Plan (SSMP) review and update requirements as described in Section D. 14. Element VIII: System Evaluation and Capacity Assurance City of Burlingame Sewer System Management Plan 85 The City completed a new Sewer System Master Plan Study in 2010 and initiated the implementation during the following years. The study included new hydraulic model (see below) data which the City utilized to evaluate the impact of future redevelopment and projects in order to ensure there is adequate capacity. During fiscal year 2019/2020 the City plans to update the Sewer System Master Plan. The update will include flow monitoring and hydraulic modeling, manhole inspection, and CCTV inspections. VIII-2. Evaluation - Hydraulic Model The City acquired a new hydraulic model of its wastewater collection system facilities during the Sewer System Master Plan. The City selected InfoWorks CS as the modeling software package due to its fully dynamic hydraulic modeling program and its ability to model complicated collection systems with multiple flows splits and in-line storage, in addition to its ability to model inflow and infiltration (I/I). VIII-3. Design Criteria The capacity-related design criteria, including base wastewater flow and peaking factors, are included in Element V: Design and Performance Provisions. VIII-4. Capacity Enhancement Measures - Capital Improvement Program The City prepares an annual list of capital improvement projects that includes projects to address known wastewater collection system capacity issues. Public Works staff (Engineering and Operations) prioritizes and select the projects to be included on the annual list. As a part of the Sewer Master Plan Study, the current CIP program was revised to include a new 10-year list of capacity-related CIP projects. Alternatives are analyzed and schedules are established during the design process. The City’s Capital Improvement Program Detailed Budget is included previously in Appendix IV-D. VIII-5. Schedule The current schedule for the City’s capacity enhancement projects is included in the City’s Capital Improvement Program that is included previously in Appendix IV-D. However, this list will be revised, as necessary, based upon future condition assessments and maintenance results from the field crews. Element IX: Monitoring, Measurement, and Program Modifications City of Burlingame Sewer System Management Plan 86 Element IX: Monitoring, Measurement, and Program Modifications IX-1. Performance Measures The indicators that the City will use to measure the performance of its wastewater collection system and the effectiveness of its SSMP are: Total number of SSOs; Number of SSOs for each cause (roots, grease debris, pipe failure, capacity, pump station failures, and other); Portion of sewage recovered compared to total volume spilled: and Volume of spilled sewage discharged to surface water. IX-2. Baseline Performance The City has performance measures in place and it will evaluate its performance annually. The historical, or baseline, performance is shown separately for gravity mains/pump stations/force mains and lower laterals. IX-2.1. Mains, Pump Stations, and Force Mains The baseline performance for gravity mains, pump stations, and force mains is shown on Tables 17 through 19. The trends in the performance measures are shown on Figures 6 through 8. The trend is downward, less SSOs in the most recent years, and as of 2017 the City had 4 SSOs/100 miles/year, below the average for California Region 2 agencies. IX-2.2. Lower Laterals The baseline performance is shown on Tables 20 through 22. The trends in the performance measures are shown on Figures 9 through 11. SWRCB Waste Discharge Requirement: The Enrollee shall: a. Maintain relevant information that can be used to establish and prioritize appropriate Sewer System Management Plan (SSMP) activities; b. Monitor the implementation and, where appropriate, measure the effectiveness of each element of the SSMP; c. Assess the success of the preventative maintenance program; d. Update program elements, as appropriate, based on monitoring or performance evaluations; and e. e. Identify and illustrate SSO trends, including: frequency, location, and volume. f. Identify and illustrate SSO trends, including: frequency, location, and volume. Element IX: Monitoring, Measurement, and Program Modifications City of Burlingame Sewer System Management Plan 87 Table 17: Gravity Sewer, Pump Station, and Force Main SSOs by Calendar Year CY Gravity Sewer SSOs Pump Station SSOs Force Main SSOs 2009 18 0 0 2010 12 0 0 2011 13 0 0 2012 6 0 0 2013 5 0 0 2014 11 1 1 2015 3 0 0 2016 6 0 0 2017 4 0 0 Figure 6. Trend in Gravity Sewer, Pump Station, and Force Main SSOs 0 5 10 15 20 200920102011201220132014201520162017Gravity Sewers Pump Stations Force Mains Element IX: Monitoring, Measurement, and Program Modifications City of Burlingame Sewer System Management Plan 88 Table 18: CY Totals for SSOs by Cause CY Root s Debris Greas e Pape r/ Rags Cap ./ Infil . Vand l Pipe Failure PS Failure Force Main Failure Othe r Total 2009 7 4 7 0 0 0 0 0 0 0 18 2010 4 4 3 0 1 0 0 0 0 0 12 2011 2 6 2 0 2 0 0 0 0 1 13 2012 1 1 2 0 1 0 1 0 0 0 6 2013 2 0 1 2 0 0 0 0 0 0 5 2014 7 1 3 0 0 0 1 1 1 0 14 2015 3 0 0 0 0 0 0 0 0 0 3 2016 3 0 1 0 0 0 0 0 0 2 6 2017 0 0 0 1 3 0 0 0 0 0 4 Figure 7. Trend in Gravity Sewer, Pump Station and Force Main SSOs by Cause 0 1 2 3 4 5 6 7 Roots Debris Grease Paper/Rags Capacity/Infiltration Vandalism Pipe Failure Pump Station Failure Force Main Failure Other Element IX: Monitoring, Measurement, and Program Modifications City of Burlingame Sewer System Management Plan 89 Table 19: CY Totals for Sewer Mains (Volume Spilled, Portion Contained, and Volume to Surface Waters) CY Total Volume Spilled, gallons Portion Contained and Returned to Sewers, % Total Volume Entering Surface Waters, gallons 2009 569 438 gal. – 77% 65 gal. 2010 872 470 gal. – 54% 375 gal. 2011 45,870 10,775 gal. – 23% 35,000 gal. 2012 45,285 285 gal.– 1% 45,000 gal. 2013 1,980 335 gal. – 17% 1,750 gal. 2014 3,940 2,030 gal. – 52% 450 gal. 2015 355 355gal. – 100% 0 gal. 2016 4,681 236 gal. – 5% 4,445gal. 2017 49,924 6,424 gal.– 13% 43,500 gal. Figure 8. Trend in Volume of Sewer Main Spills, Volume Reaching Surface Waters and Volume Recovered 0 5000 10000 15000 20000 25000 30000 35000 40000 45000 50000 200920102011201220132014201520162017Total Spilled Volume Recovered Volume Reached Surface Water Element IX: Monitoring, Measurement, and Program Modifications City of Burlingame Sewer System Management Plan 90 Table 20. Lower Lateral SSOs by Calendar Year CY SSOs 2009 48 2010 16 2011 14 2012 13 2013 13 2014 2 2015 6 2016 7 2017 8 Table 21. CY Totals for Lower Lateral SSOs by Cause CY Roots Debris Grease Paper/ Rags Pipe Failur e Vanda lism Other Total 2009 18 26 3 0 1 0 0 48 2010 2 12 1 0 1 0 0 16 2011 2 9 0 0 2 0 1 14 2012 3 7 3 0 0 0 0 13 2013 5 0 0 6 2 0 0 13 2014 0 1 0 1 0 0 0 2 2015 1 2 1 2 0 0 0 6 2016 3 2 1 1 0 0 0 7 2017 5 0 0 2 1 0 0 8 Element IX: Monitoring, Measurement, and Program Modifications City of Burlingame Sewer System Management Plan 91 Table 22: CY Totals for Lower Laterals (Volume Spilled, Portion Contained, and Volume to Surface Waters) CY Total Volume Spilled, gallons Portion Contained and Returned to Sewers, % Total Volume Entering Surface Waters, gallons 2009 418 366 gal / 88% 0 2010 255 243 gal / 95% 0 2011 101 99 gal / 98% 0 2012 122 118 gal / 97% 0 2013 176 176 gal / 100% 0 2014 20 20 gal / 100% 0 2015 221 221 gal / 100% 0 2016 396 396 gal / 100% 0 2017 370 340 gal / 92% 0 Element IX: Monitoring, Measurement, and Program Modifications City of Burlingame Sewer System Management Plan 92 Figure 9: Lower Lateral SSOs by Calendar Year Figure 10: Trend in Lower Lateral SSOs by Cause. 0 10 20 30 40 50 Total Lateral SSO's Per Year 0 5 10 15 20 25 30 200920102011201220132014201520162017Roots Debris Grease Paper/Rags Pipe Failure Vandalism Other Element IX: Monitoring, Measurement, and Program Modifications City of Burlingame Sewer System Management Plan 93 Figure 11: Trend in Volume of Lower Lateral Spills and Recovered Volume Reaching Surface Waters IX-3. Performance Monitoring and Program Changes The City will evaluate the performance of its wastewater collection system at least annually using the performance measures identified in Element IX. The City will update the data and analysis at the time of the evaluation and will place the annual performance report in Appendix A of the SSMP. The City may use other performance measures in its evaluation. The City will prioritize its actions and initiate changes to this SSMP, its operations and maintenance practices, and any related programs based on the results of the evaluation. This will be done as part of the annual self-audit (see Element X). IX-4. References The data used in this section were taken from the references: Report of City of Burlingame Sanitary Sewer Overflows for the Period January 1, 2009 through December 31, 2017. Data on City of Burlingame from the State’s on-line reporting system http://ciwqs.waterboards.ca.gov/ciwqs 0 50 100 150 200 250 300 350 400 450 200920102011201220132014201520162017Total Spilled Volume Recovered Volume Reached State Water Element X: SSMP Program Audits City of Burlingame Sewer System Management Plan 94 Element X: SSMP Program Audits X-1. Audits The City will audit its implementation and compliance with the provisions of this SSMP every two years in the future as suggested by the WDR. The next audit will be conducted in July 2019. Previous City SSMP Audits are now included in Appendix A. The audit will be conducted by a team consisting of City staff selected from the Public Works Department. The audit team may include members from other areas of the City, outside agencies, or contractors. It is also recommended that at the same time the City conduct an audit of its SSO files to assure that that the files are complete, contain all required records as stated in the MRP and that the files contain no extraneous or conflicting documents that are not adequately reviewed and explanations provided. The Sewer System Management Plan Audit Report Form (Table 23) is used to guide the audit process and includes the GWDR requirements for each SSMP element. The results of the audit, including the identification of any deficiencies and the steps taken or planned to correct them will be included in an Audit Report. Upon completion of the audit, the City will include a copy of the report in Appendix A, Sewer System Annual Reports of this SSMP. Modifications and changes to the SSMP will be identified and tracked in Appendix B, SSMP Change Log. The audit can contain information about successes in implementing the most recent version of the SSMP, and identify revisions that may be needed for a more effective program. Information collected as part of Element IX above can be used in preparing the audit. Tables and figures or charts can be used to summarize information about these indicators. An explanation of the SSMP development, and accomplishments in improving the sewer system, should be included in the audit, including: How the wastewater collection agency implemented SSMP elements in the past year; The effectiveness of implementing SSMP elements; A description of the additions and improvements made to the sanitary sewer collection system in the past reporting year; and SWRCB Waste Discharge Requirement: As part of the Sewer System Management Plan (SSMP), the Enrollee shall conduct periodic internal audits, appropriate to the size of the system and the number of SSOs. At a minimum, these audits must occur every two years and a report must be prepared and kept on file. This audit shall focus on evaluating the effectiveness of the SSMP and the Enrollee’s compliance with the SSMP requirements identified in this subsection (D.13), including identification of any deficiencies in the SSMP and steps to correct them. Element X: SSMP Program Audits City of Burlingame Sewer System Management Plan 95 A description of the additions and improvements planned for the upcoming reporting year with an estimated schedule for implementation. X-2. SSMP Updates The City will update its SSMP at least every five years or when substantial changes are made in the SSMP. The next scheduled update of the SSMP is July 2022 The City will determine the need to update its SSMP more frequently based on the results of the audit and the performance of its wastewater collection system using information from the Monitoring and Measuring Program. In the event that the City decides that an update is warranted, the process to complete the update will be identified. The City will complete the update within one year of identifying the need for the update. Element X: SSMP Program Audits City of Burlingame Sewer System Management Plan 96 Table 23: SSMP Audit Checklist The purpose of the SSMP Audit is to evaluate the effectiveness of the City of Burlingame’s (City’s) SSMP and to identify any needed for improvement. Directions: Please check YES or NO for each question. If NO is answered for any question, describe the updates/changes needed and the timeline to complete those changes. YES NO ELEMENT I - GOALS A. Are the goals stated in the SSMP still appropriate and accurate? ☐ ☐ Discussion: ELEMENT II - ORGANIZATION A. Is the List of City Staff Responsible for SSMP, Table 2-1 current? ☐ ☐ B. Is the Sanitary Sewer Overflow Responder List current? ☐ ☐ C. Is Figure 2-1 of the SSMP, the City Organization Chart, current? ☐ ☐ D. Are the position descriptions an accurate portrayal of staff responsibilities? ☐ ☐ E. Is Table 2-2 in the Chain of Communication for Reporting and Responding to SSOs section accurate and up-to-date? ☐ ☐ Discussion: ELEMENT III – LEGAL AUTHORITY Does the SSMP contain current references to the Burlingame Municipal Code documenting the City’s legal authority to: A. Prevent illicit discharges? ☐ ☐ B. Require proper design and construction of sewers and connections ☐ ☐ C. Ensure access for maintenance, inspection, or repairs for portions of the lateral owned or maintained by the City? ☐ ☐ D. Limit discharges of fats, oils and grease? ☐ ☐ E. Enforce any violation of its sewer ordinances? ☐ ☐ F. Were any changes or modifications made in the past year to City Sewer Ordinances, Regulations or standards? ☐ ☐ Discussion: Element X: SSMP Program Audits City of Burlingame Sewer System Management Plan 97 ELEMENT IV – OPERATIONS AND MAINTENANCE Collection System Maps A. Does the SSMP reference the current process and procedures for maintaining the City’s wastewater collection system maps? ☐ ☐ B. Are the City’s waste collection system maps complete, current and sufficiently detailed? ☐ ☐ C. Are storm drainage facilities identified on the collection system maps? If not, are SSO responders able to determine locations of storm drainage inlets and pipes for possible discharge to waters of the state? ☐ ☐ Prioritized Preventive Maintenance C. Does the SSMO describe current preventive maintenance activities and the system for prioritizing the cleaning of sewers? ☐ ☐ D. Based upon information in the Annual SSO Report, are the City’s preventive maintenance activities sufficient and effective in minimizing SSOs and blockages? ☐ ☐ Scheduled Inspections and Condition Assessments E. Is there an ongoing condition assessment program sufficient to develop a capital improvement plan addressing the proper management and protection of infrastructure assets? Are the current components of this program documented in the SSMP? ☐ ☐ Contingency Equipment and Replacement Inventory F. Does the SSMP list the major equipment currently used in the operation and maintenance of the collection system and documents the procedures of inventory management? ☐ ☐ G. Are contingency and replacement parts sufficient to respond to emergencies and properly conduct regular maintenance? ☐ ☐ Training H. Does the SSMP document current training expectations and programs? ☐ ☐ Outreach to Plumbers and Building Contractors I. Does the SSMP document current outreach efforts to plumbers and building contractors? Discussion: Element X: SSMP Program Audits City of Burlingame Sewer System Management Plan 98 ELEMENT V- DESIGN AND PERFORMANCE STADARDS A. Does the SSMP reference current design and construction standards for the installation for new sanitary sewer systems, pump stations and other appurtenances and for the rehabilitation and repair of existing sanitary sewer systems? ☐ ☐ B. Does the SSMP document current procedures and standards for inspecting and testing the installation of new sewers, pumps, and other appurtenances and the rehabilitation and repair of existing sewer lines? ☐ ☐ Discussion: ELEMENT VI – OVERFLOW AND EMERGENCY RESPONSE PLAN A. Does the City’s Sanitary Sewer Overflow Emergency Response Plan establish procedures for the emergency response, notification, and reporting of SSOs? ☐ ☐ B. Is City staff and contractor personnel appropriately trained on the procedures of the Sanitary Sewer Overflow Emergency Response Plan? ☐ ☐ C. Considering SSO performance data, is the Sanitary Sewer Overflow Emergency Response Plan effective in handling SSOs in order to safeguard public health and the environment? ☐ ☐ D. Are all SSO and claims reporting forms current or do they require revisions or additions? ☐ ☐ E. Does all SSO event recordkeeping meet the GWDR requirements? Are all SSO event files complete and certified in the CIWQS system? ☐ ☐ F. Is all information in the CIWQS system current and correct? Have periodic reviews of the data been made during the year to assure compliance with GWDR? Have all Technical Report and Water Quality Sampling requirements been met and uploaded to the CIWQS data management system? ☐ ☐ Discussion: Element X: SSMP Program Audits City of Burlingame Sewer System Management Plan 99 ELEMENT VII – FATS, OILS AND GREASE (FOG) CONTROL PROGRAM A. Does the FOG Control Program include efforts to educate the public on proper handling and disposal of FOG? ☐ ☐ B. Does the FOG Control Program identify sections of the collection system subject to FOG blockages, establish a cleaning schedule and address source control measures to minimize these blockages? ☐ ☐ C. Are requirements for grease removal devices, best management practices (BMP), record keeping and reporting established in the City’s FOG Control Program? ☐ ☐ D. Does the City have sufficient legal authority to implement and enforce the FOG Control Program? ☐ ☐ E. Is the current FOG program effective in minimizing blockages of sewer lines resulting from discharges of FOG to the system ☐ ☐ F. Was required training on SSMP and OERP completed and documented? Were field exercises with field staff on SSO volume estimation conducted and documented? ☐ ☐ G. Did all public improvement plans and specifications that could impact collection system operations include requirements for OERP training or were contractor OERP programs at least as stringent as the City OERP? Were regular items included in project meeting agendas to discuss emergency response procedures and communications? ☐ ☐ Discussion: ELEMENT VIII- SYSTEM EVALUATION AND CAPACITY ASSURANCE PLAN A. Does the City of Burlingame Sanitary Sewer Master Plan evaluate hydraulic deficiencies in the system, establish sufficient design criteria and recommend both short and long term capacity enhancement and improvement projects? ☐ ☐ B. Does the City’s Capital Improvement Plan (CIP) establish a schedule of approximate completion dates for both short and long- term improvements and is the schedule reviewed and updated to reflect current budgetary capabilities and activity accomplishment? ☐ ☐ Discussion: Element X: SSMP Program Audits City of Burlingame Sewer System Management Plan 100 ELEMENT IX- MONITORING, MEASUREMENT, AND PROGRAM MODIFICATIONS A. Does the SSMP accurately portray the methods of tracking and reporting selected performance indicators? ☐ ☐ B. Is the City able to sufficiently evaluate the effectiveness of the SSMP elements based on relevant information? ☐ ☐ C. Were the consent decree performance metrics met? ☐ ☐ Discussion: ELEMENT X – SSMP AUDITS A. Will the SSMP Audit be completed, reviewed and filed in Appendix B? ☐ ☐ Discussion: ELEMENT XI – COMMUNICATION PROGRAM A. Does the City effectively communicate with the public and other agencies about the implementation of the SSMP and continue to address any feedback? ☐ ☐ B. Did the City Council receive and review the Annual Sewer System Report? Was the annual report uploaded to the City Sewer Section website and added to Appendix C? ☐ ☐ C. Did City staff conduct and document meetings with satellite collection systems? Are all agreements with satellite systems current or are changes necessary to these agreements? ☐ ☐ Discussion: Element X: SSMP Program Audits City of Burlingame Sewer System Management Plan 101 Change Log A. Is the SSMP Change Log, current and up to date? ☐ ☐ Discussion: Audit Team: _________________________________________ Prepared By: ________________________________________ Reviewed By: ________________________________________ Approved for Filing on:_________________________________ Element XI: Communication Program City of Burlingame Sewer System Management Plan 102 Element XI: Communication Program XI-1. Communication during SSMP Development and Implementation The City will communicate on a regular basis with the public using various types of outreach including print media, the internet, and public hearings. The City maintains information related to the SSMP on the City website - www.burlingame.org. In addition, the City communicates on a regular basis through citywide outreach programs such as: Burlingame eNews Fog Outreach Program Sanitary Sewer Overflow Information for Property Owners (internet) Sanitary Sewer Overflow Information for Plumbers & Contractors (internet) City Council Meeting (Public Comments) A link to the SSMP for public review and comment can be found on the City’s website - www.burlingame.org. In addition, the completed SSMP elements are available for review at the City’s Corporation Yard located at 1361 N. Carolan Avenue during normal business hours. Interested parties can contact the Public Works Front Office at (650) 558-7670 or frontdeskstaff@burlingame.org for additional information. XI-2. Communicating Sanitary Sewer System Performance The City will report the performance of its wastewater collection system to its City Council annually at a regularly scheduled meeting and the performance information will be included in the minutes of that public meeting. The performance information will include the performance measures listed in Element IX: Monitoring, Measurement, and Program Modifications and will be compiled annually. SWRCB Waste Discharge Requirement: The Enrollee shall communicate on a regular basis with the public on the development, implementation, and performance of its Sewer System Management Plan (SSMP). The communication system shall provide the public the opportunity to provide input to the Enrollee as the program is developed and implemented. The Enrollee shall also create a plan of communication with systems that are tributary and/or satellite to the Enrollee’s sanitary sewer system. Element XI: Communication Program City of Burlingame Sewer System Management Plan 103 XI-3. Communication with Satellite Wastewater Collection Systems The Town of Hillsborough sanitary sewer system is a satellite to the City’s wastewater collection system. The terms of the service provided to Hillsborough are specified in a contract that requires both parties to meet two times per year to review the Scope of Work. In addition, the City and Town staffs meet periodically to discuss issues of mutual concern. The City intends to continue its meetings with Hillsborough to meet the GWDR requirement for periodic communication with its satellite sanitary sewer system. Burlingame Hills Sewer Maintenance District (District) is a satellite to the City’s wastewater collection system. San Mateo County (County) is responsible for providing operation and maintenance for the District’s wastewater collection system facilities. The City has begun discussions with the County regarding the current service agreement. The City will include a process for regular communication with the County and Hillsborough at least annually. The communications with the two satellite agencies will continue Element XI and will include issues related to adequate capacity in all systems, the effects of unabated wet weather flows from the satellites and coordinated financial plans for the full and appropriate funding of all necessary improvements to complete and integrated capacity assurance program. Element XI: Communication Program City of Burlingame Sewer System Management Plan 104 References New Requirements for Preparing Sewer System Management Plans, California Regional Water Quality Control Board San Francisco Bay Region letter to Sewer System Authorities, July 7, 2005 (www.cwea.org/conferences/sso/Reg2Letter-SSMP0705.pdf). Sewer System Management Plan (SSMP) Development Guide, San Francisco Bay Regional Water Quality Control Board in cooperation with Bay Area Clean Water Agencies, July 2005 (www.swrcb.ca.gov/rwqcb2/download/). State Water Resources Control Board Order No. 2006-0003 Statewide General Waste Discharge Requirements for Sanitary Sewer Systems, California State Water Resources Control Board, May 2, 2006. State Water Resources Control Board Order No. Order No. 2013-0058-EXEC, Amending Monitoring And Reporting Program For Statewide General Waste Discharge Requirements for Sanitary Sewer Systems, September 9, 2013. Appendices City of Burlingame Sewer System Management Plan 105 Appendix A Sewer System Management Plan Audit Reports Appendices City of Burlingame Sewer System Management Plan 106 Appendix B City of Burlingame Log of SSMP Changes Date SSMP Element # Description of Change/Revision Made Person Authorizing Change Appendices City of Burlingame Sewer System Management Plan 107 Appendix C Sanitary Sewer Management Plan Adoption Documents 1 STAFF REPORT AGENDA NO: MEETING DATE: October 15, 2018 To: Honorable Mayor and City Council Date: October 15, 2018 From: Syed Murtuza, Director of Public Works – (650) 558-7230 Subject: Adoption of a Resolution Approving the Final Parcel Map (PM 17-01), Lot Merger of Portions of Lot 3, Block 5, Map of Burlingame Land Company No. 2 Subdivision at 1128 and 1132 Douglas Avenue RECOMMENDATION Staff recommends that the City Council adopt the attached resolution approving the Final Parcel Map (PM 17-01) for a lot merger of portions of Lot 3, Block 5, Map of Burlingame Land Company No. 2 Subdivision, subject to the following conditions: 1. All frontage sidewalk, driveway, curb and gutter within in the public right-of-way shall be replaced with new improvements. The developer shall provide necessary bonding for all frontage public improvements. 2. All property corners shall be set in the field and shown on the final parcel map. BACKGROUND The project consists of construction of a new, five-story, 27-unit residential apartment building with at-grade and below-grade parking at 1128-1132 Douglas Avenue, zoned R-4. On April 24, 2017, the Planning Commission reviewed and approved the tentative parcel map and recommended City Council approval with the conditions listed above. Staff has reviewed the map and recommends its approval subject to the above conditions. Exhibits: • Resolution • Final Parcel Map • April 24, 2017 Planning Commission Minutes RESOLUTION NO. _______ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME APPROVING THE FINAL PARCEL MAP (PM 17-01), LOT MERGER OF PORTIONS OF LOT 3, BLOCK 5, MAP OF BURLINGAME LAND COMPANY NO. 2 SUBDIVISION AT 1128 AND 1132 DOUGLAS AVENUE The City Council of the City of Burlingame does resolve as follows: WHEREAS, on April 24, 2017, the Planning Commission approved the tentative parcel map; and WHERAS, City staff recommends City Council approve the parcel map with the conditions that all frontage sidewalk, driveway, curb and gutter within in the public right-of-way be replaced with new improvements and all property corners be set in the field and shown on the final parcel map. NOW, THEREFORE BE IT RESOLVED, DETERMINED AND ORDERED BY THE COUNCIL, AS FOLLOWS: 1. The Final Parcel Map (PM 17-01) with the conditions described above is approved. 2. The staff is directed to verify that all conditions of approval are met and arrange for the recording of the tentative and final parcel map. __________________________ Mayor I, MEAGHAN HASSEL-SHEARER, City Clerk of the City of Burlingame, do hereby certify that the foregoing Resolution was introduced at a regular meeting of the City Council held on the 15th day of October, 2018, and was adopted thereafter by the following vote: AYES: Councilmembers: NOES: Councilmembers: ABSENT: Councilmembers: __________________________ City Clerk BURLINGAME CITY HALL 501 PRIMROSE ROAD BURLINGAME, CA 94010 City of Burlingame Meeting Minutes Planning Commission 7:00 PM Council ChambersMonday, April 24, 2017 b.1128-1132 Douglas Avenue and 524 Oak Grove Avenue (Dreiling Terrones Architecture, Inc., applicant and architect; Jianguang Zhang, property owner) (307 noticed) Staff Contact: Ruben Hurin 1. Certification of a Final Environmental Impact Report (FEIR) 2. 1128-1132 Douglas Avenue, zoned R -4: Application for Design Review, Conditional Use Permit for building height, Front Setback Landscape Variance, and Parking Variance for driveway width for a new five -story, 27-unit multi-family residential building with at-grade and below-grade parking. 3. Tentative Parcel Map for Lot Combination for 52 Feet on Douglas Avenue, Portion of Lot 3, Block 5, Map No. 2 of Burlingame Land Co. and 50 Feet on Douglas Avenue, Portion of Lot 3, Block 5, Map No. 2 of Burlingame Land Company. 4. 524 Oak Grove Avenue, zoned R -1: Application for Design Review and Front Setback Variance to demolish the existing house at 524 Oak Grove Avenue and replace it with an existing house to be moved from 1128 Douglas Avenue; the project includes a first and second story addition to the house moved from Douglas Avenue and construction of a new detached garage. 1128-1132 Douglas Ave & 524 Oak Grove Ave - Staff Report 1128-1132 Douglas Ave & 524 Oak Grove Ave - Attachments 1128-1132 Douglas Ave & 524 Oak Grove Ave - Final EIR 1128-1132 Douglas Ave & 524 Oak Grove Ave - Draft EIR 1128-1132 Douglas Ave & 524 Oak Grove Ave - MMRP 1128 Douglas Ave - Historical Resource Evaluation 1132 Douglas Ave - Historical Resource Evaluation 1128-1132 Douglas Ave - Plans 524 Oak Grove Ave - Plans 1128-1132 Douglas Ave - Tentative Parcel Map Memorandum 1128-1132 Douglas Ave - Tentative Parcel Map Attachments: Commissioner Terrones and Commissioner Comaroto indicated that they will recuse themselves from the discussion as they have business relationships with the property owner; they left the City Council Chambers. All Commissioners had visited the property. There were no ex -parte communications to report . Page 1City of Burlingame Printed on 6/1/2017 April 24, 2017Planning Commission Meeting Minutes Commissioner Kelly indicated that he had reviewed all prior materials related to the project. Senior Planner Keylon gave an overview of the staff report. Questions of Staff: There were no Questions of Staff. Chair Gum opened the public hearing. Jacob Furlong represented the applicant. Commission Questions/Comments: >Does the circular driveway necessitate the front setback variance due to the location of the tree, not the building? (Furlong: since the building is outside of setback, if going to push circular driveway out of the setback into the middle of the site, this would limit buildable area for the property.) >Proposing circular driveway? It does not show on the plans. (Furlong: yes. Pointed out on the plan.) >Is the entire front of the property being paved? (Furlong: yes, alternative solutions limit functionality . The two driveways and pedestrian access and anything added triggered a landscape variance.) >The EIR addresses protection of the Redwood tree during construction, what will protect tree past construction? (Furlong: proposing an asphalt as opposed to a pervious paver the asphalt profile can be minimal. Will have an arborist involved during the construction process.) >Is the tree within the easement? Any thought to protecting from cars going in and out of the driveway? (Furlong: providing a curb on top of asphalt paving; from curb to other side of easement is 9 feet.) Seems really tight. (Driveway has to be maintained regardless of providing parking or not) >Drawings of circular driveway are difficult to read. Requested clarification regarding the outline of the circular driveway? (Furlong: showed the location of the driveway.) >What problem does the circular driveway solve? (Furlong: delivery vehicles and congestion of visitors.) >Landscape drawings not coordinated with plans. Describe what would be within the front of the property if not a circular driveway? (Furlong: lawn area.) >Where are there buildings of similar in size or larger? (Furlong: was provided in a presentation from the prior discussion; there are several buildings of similar size in the Downtown neighborhood; provided examples.) Public Comments: Linda Taylor: has lived across street for over 10 years. Has listened to many discussions regarding the design of this building. Still does not believe that this building fits in with the Douglas neighborhood. The proposed building would shade an area greater than the existing development. The residential areas in the Burlingame Downtown Specific Plan have a range of building heights. Attention needs to be paid to the massing relative to surrounding development. Should be designed to a residential scale. Does not meet principles and guidelines of Downtown Specific Plan. There is no open space. Doesn't understand why the building could not be narrower. Residents on right side will share parking. What about providing open space for residents? There has been minimal discussion as to how trees will be protected as the historical house will be moved to a new location. Not in favor of the conditional use permit for building height. Please respect the quality of life in the area and scale back the project. Larry Stevenson: Stated that the setback should be 25.83 feet rather than proposed 19 feet because of the averages on the street. Has surveying info on that. Second, property line to root collar is 3’-9”; doesn't see how a 9 foot driveway can be constructed there. A 7’-9” driveway is not wide enough. The driveway is wider but it is all on his side of the property. Betsy Vogel: Lives at 500 Almer Rd. Has lived off and on in Burlingame since 1940. The reaction of people to the project was, what is going on in Burlingame? Development is looking like Manhattan. If we Page 2City of Burlingame Printed on 6/1/2017 April 24, 2017Planning Commission Meeting Minutes start building like this, we are going to have a city, not a hometown. Elsa Torres: lives at 512 Primrose Road. When you have 27 units; car will move in and out 6 times a day. The other issues is the narrow driveway. If this variance sets a precedent, anyone who builds in Burlingame will utilize these similar variances. The house at 1128 Douglas will no longer be historic if it is moved to Oak Grove Avenue. How the trees, the telephone wires, the gas lines be affected by the moving of the house? Many people will suffer while this move is taking place. John Root: he and his wife have lived in Burlingame for many years and at 1133 Douglas for 4 1/2 years. Moved closer to Downtown because of proximity to shopping and transit. Increased activity something we like. The proposed building will be there for long time, everything should be done to ensure that it fits into community best as can and works well for community and neighbors. Believes that building is just too tall, The Downtown Specific Plan allows the height, but it does not fit in this part of the neighborhood. The setback on fifth floor helps but does not fit well with other structure on Douglas . Visitors, drop offs and service personnel block the street on regular basis because there is no off -site parking. Pay close attention to plant material and how it is going to be maintained. Additional number of residences is a significant impact. Applicant Response to Public Comments: >Relocation of the Historic House: the EIR speaks to the process and provides mitigations for impacts. The developer is responsible for expenses of relocation; it will occur during overnight hours to minimize impacts on residents. >Building Height: the City has adopted the Downtown Specific Plan. This neighborhood is largely in transition and very highly desirable place to live. The intention is to increase the diversity of housing stock in Burlingame. Apartments are necessary for affordability to encourage younger people to move into Burlingame. >In response to a Commissioner Inquiry: incentives offered under the density bonus regulations do not benefit the project, the developer is in it for profit and is incurring a significant number of expenses which includes the relocation of the historic property. Developer is investing significant amount of money to develop the project. Chair Gum closed the public hearing. Commission Discussion: >What are the benefits for providing below market rate units? (Meeker: incentives such as height increase, deviations from parking standards, relief from any number of development standards) >Has a problem with the height. It would be good looking building on El Camino Real, but the scale is too large for this neighborhood. Buildings directly around or adjacent are typically 3-stories, one 4-story across street. >Has a problem with the variance from driveway width, doesn't see how people will clear the Redwood tree, the tree will be affected. >The site has constraints, too many special considerations, variances. Does not support the project as currently designed. >Hears the concerns of neighbors, It is big change from what is there now. There have been significant changes in the area in the last 15 years. The only thing the Commission can do is look at zoning code that exists. The project is well within height limit with conditional use permit. Much has been done to articulate the building and break up the massing. In comparison to other buildings on the street, it is a really nice building. >In terms of the heights in neighborhood, there is a big mix. There are some buildings that have the feel of a single-family residence, but there are also 4-story buildings. Stepping back the 5th floor is going to make this feel like a 4 story building from the front. >Based on what the community decided on the Downtown Specific Plan, this is what was anticipated . Meets a need for more housing Downtown. >As far as circular driveway variance, has mixed feelings. It is something neighborhood specifically Page 3City of Burlingame Printed on 6/1/2017 April 24, 2017Planning Commission Meeting Minutes asked for – for that reason it is supportable. Is concerned that every application for this type of building will ask for this type of variance. Concerned with setting a precedent. >The shared driveway will be there regardless of this project. >Overall, the project is supportable. >On one hand the building is quite large compared to adjacent structures. Personally, would rather see landscaping versus the circular driveway. Delivery trucks will double -park regardless of whether the circular driveway is provided. >If the project were three stories with a stepped back fourth story, could support. Cannot support project as currently designed. >This is exactly the type of project that the City needs and what the Downtown Specific Plan envisioned. As to the buildings around it, they will not be there long; the properties will ultimately be redeveloped. >The 4-story front is very well scaled to the street; the fifth story setback helps reduce the mass at the front. >The Commission's role is to decide whether the project fits or not. Is appropriate for the area and meets the goals and objectives of the Downtown Specific Plan. Feels the circular driveway is a mistake. >Supports the project. >Very moved by the public comments. Would share neighbors' sentiments if residing on the street . However, am motivated by the policy direction of the Downtown Specific Plan. The dynamic of the Downtown area is going to be denser and higher -scale, more steel or glass and not traditional architecture that the community is accustomed to. >The closer you get to Downtown the larger scale makes more sense. Within that area there are multiple 4-story buildings. This is just one story higher than that. >I rather go with driveway now and maybe landscape later if not being used. >A lot of compromise has happened here. Is in favor of the project. >To fit a building on site by variance is backwards. The building should be designed to fit the constraints of the site. The project is not the right size and proportion. >It is hypocritical to not include affordable units. >Anything built here is going to require the driveway width variance because of the tree and shared easement with neighbor. Commissioner Sargent made a motion, seconded by Commissioner Kelly, to certify the Environmental Impact Report (EIR) for the project. Chair Gum asked for a voice vote, and the motion carried by the following vote: Aye:Loftis, Gum, Sargent, Gaul, and Kelly5 - Recused:Terrones, and Comaroto2 - Page 4City of Burlingame Printed on 6/1/2017 1 STAFF REPORT AGENDA NO: MEETING DATE: October 15, 2018 To: Honorable Mayor and City Council Date: October 15, 2018 From: Sheryl Schaffner, Acting City Attorney For Kathleen Kane, City Attorney (650-558-7208) Subject: Adoption of a Resolution Approving the City of Burlingame Response Letter to the 2017-2018 San Mateo County Civil Grand Jury Report: “Smoke-Free Multitenant House: No Ifs, Ands Or Butts.” RECOMMENDATION Staff recommends that the City Council approve the attached proposed response letter to the 2017-2018 San Mateo County Civil Grand Jury report “Smoke-Free Multitenant House: No Ifs, Ands, Or Butts.” BACKGROUND On July 26, 2018, the 2017-2018 San Mateo County Grand Jury issued a report, “Smoke-Free Multitenant House: No Ifs, Ands, Or Butts.” The Grand Jury recommended all cities and the County add, update, and improve their websites and policies related to Multitenant Housing Smoking Ordinances. The City’s response is due no later than October 24, 2018. DISCUSSION The Grand Jury’s report made certain findings and recommendations regarding the content and implementation of smoking ordinances in the various municipalities examined in the report, including the City of Burlingame. The City of Burlingame has already implemented many of the recommendations provided in the Grand Jury report, will consider others, and disagrees with others, as described in the attached letter. FISCAL IMPACT There are no fiscal impacts associated with the adoption of the resolution and approval of the response letter. Exhibits: • Resolution • Draft Response Letter to the San Mateo County Civil Grand Jury Report • San Mateo County Civil Grand Jury Report 1 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME APPROVING RESPONSE TO THE SAN MATEO COUNTY GRAND JURY REPORT REGARDING SMOKING ORDINANCES WHEREAS, the 2017-2018 San Mateo County Grand Jury issued a report on July 26, 2018, entitled “Smoke-Free Multitenant House: No Ifs, Ands, OR Butts”; and WHEREAS, the report made certain findings and recommendations regarding the content and implementation of smoking ordinances in the various municipalities examined in the report, including the City of Burlingame; and WHEREAS, the City agrees with many of the findings and either has already implemented or intends to implement most of them, but disagrees with others; and WHEREAS, the City Council has received the proposed draft response letter attached hereto as Exhibit A. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BURLINGAME DOES HEREBY RESOLVE AND ORDER AS FOLLOWS: That the letter in response to the San Mateo County Grand Jury Report, “Smoke-Free Multitenant House: No Ifs, Ands, OR Butts” is approved, and the Mayor is authorized to sign and convey said letter on behalf of the City. _____________________________ Michael Brownrigg, Mayor I, MEAGAN HASSEL-SHEARER, City Clerk of the City of Burlingame, do hereby certify that the foregoing Resolution was adopted at a regular meeting of the City Council held on the 15th day of October, 2018, and was adopted thereafter by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: _____________________________ Meaghan Hassel-Shearer, City Clerk MICHAEL BROWNRIGG, MAYOR DONNA COLSON, VICE MAYOR EMILY BEACH ANN KEIGHRAN RICARDO ORTIZ TEL: (650) 558-7201 www.burlingame.org The City of Burlingame CITY HALL -- 501 PRIMROSE ROAD BURLINGAME, CALIFORNIA 94010-3997 October 15, 2018 Honorable V. Raymond Swope Judge of the Superior Court c/o Charlene Kresevich Hall of Justice 400 County Center, 2nd Floor Redwood City, CA 94063-1655 Subject: City of Burlingame’s response to 2017 - 2018 Civil Grand Jury Report entitled “Smoke-Free Multitenant Housing: No Ifs, Ands, Or Butts.” Dear Judge Swope: After reviewing the 2017-2018 Grand Jury report entitled “Smoke-Free Multitenant Housing: No Ifs, Ands, Or Butts”, the following are the City of Burlingame’s responses to the Grand Jury’s findings: FINDINGS F1: Since 1967, exposure to secondhand smoke has killed approximately 2.5 million nonsmokers of all ages in the United States. Response: The City agrees with this finding, relying on the Grand Jury’s representations in their report. F2: Enforcement officers report that their primary focus when responding to MUH smoking violation complaints is to educate alleged smokers regarding the requirements of the smoking ordinances, and that most alleged smokers report being unfamiliar with the requirements of the ordinance. Response: The City somewhat disagrees with this finding. In the City’s experience in code enforcement conversations with alleged violators, rarely do the alleged smokers say they were unaware of the ordinance. The Honorable V. Raymond Swope October 15, 2018 Page 2 Register online with the City of Burlingame to receive regular City updates at www.Burlingame.org F3: The Belmont, Brisbane, Daly City, Redwood City, San Bruno, and the County of San Mateo MUH smoking ordinances expressly prohibit retaliation against individuals who report a violation; however, the MUH smoking ordinances for Burlingame, Foster City, the City of San Mateo, and South San Francisco do not. Response: The City agrees with this finding as it pertains to the City of Burlingame’s Smoking Ordinance. F4: Searches for “smoking" or “smoke" using the website search tool for Burlingame and Daly City do not yield any information regarding their MUH smoking ordinances, whereas the search tools for each of the other jurisdictions with MUH smoking ordinances do. (See Website Content Table below, column F4.) Response: The City agrees with this finding as it pertains to the City of Burlingame website as of the date of the Grand Jury Report. That has been corrected. F5: The websites for Burlingame, Daly City, Redwood City, the County of San Mateo, and South San Francisco do not contain summaries of their MUH smoking ordinances. The websites for each of the other jurisdictions with MUH smoking ordinances do. (See Website Content Table below, column F5.) Response: The City agrees with this finding as it pertains to the City of Burlingame website as of the date of the Grand Jury Report. The City has updated its website to add a summary and FAQs regarding its smoking ordinance. F6: The websites for Belmont, Burlingame, Daly City, Redwood City, the City of San Mateo, and South San Francisco do not provide specific information on how to make complaints regarding MUH smoking violations. The websites for each of the other jurisdictions with MUH smoking ordinances do. (See Website Content Table below, column F6.) Response: The City agrees with this finding as it pertains to the City of Burlingame website as of the date of the Grand Jury Report. The City has updated its website to provide information on how to make complaints regarding smoking ordinance violations. F7: The websites for the cities of Belmont, Brisbane, Foster City, Redwood City, San Bruno, San Mateo, and South San Francisco, as well as the County's Health System website (for unincorporated San Mateo County) have links on their home pages that lead to information on how to report specific types of nuisances such as barking dogs, loud parties, abandoned mattresses, and shopping carts. However, these links do not provide information on how to report MUH smoking violations. Burlingame's website links to Code Compliance from its home page. (See Website Content Table The Honorable V. Raymond Swope October 15, 2018 Page 3 Register online with the City of Burlingame to receive regular City updates at www.Burlingame.org below, column F7.) Response: The City agrees with this finding as it pertains to the City of Burlingame website as of the date of the Grand Jury Report. The City has updated its website to provide information on how to make complaints regarding smoking ordinance violations. F8: The websites for Brisbane, San Bruno, and the County of San Mateo (on the County Health System website) provide information about the TPP or TEC or how to contact them regarding an MUH smoking issue. The websites for the other MUH jurisdictions do not. (See Website Content Table below, column F8.) Response: The City agrees with this finding as it pertains to the City of Burlingame website as of the date of the Grand Jury Report. The City has updated its website to provide links to the TPP and TEC websites. F9: In all MUH jurisdictions, the issuance of citations for violations of MUH smoking ordinances is limited by the need to (1) observe the violation in progress, (2) see other compelling evidence that a violation had occurred, or (3) have the alleged violator admit to law or code enforcement that he or she had been smoking in violation of the MUH smoking ordinance. Response: The City agrees with this finding as it pertains to the City of Burlingame. F10: The towns/cities of Colma, East Palo Alto, Half Moon Bay, Menlo Park, Millbrae, Pacifica, Portola Valley, and San Carlos do not have smoking ordinances that restrict smoking in their multiunit residences, except in some common areas. Atherton, Hillsborough, and Woodside have no multiunit housing. Response: The City neither agrees nor disagrees with this finding. The City is not familiar with smoking ordinances of the jurisdictions listed in the finding. Fll: The MUH smoking ordinances for the cities of Brisbane, Burlingame, Daly City, and the County of San Mateo for its unincorporated areas do not prohibit smoking medical marijuana in multiunit housing. Response: The City agrees with this finding as it pertains to the City of Burlingame Smoking Ordinance. F12: The TPP web pages do not include the following information: (a) a summary of residents' rights and obligations under the MUH smoking ordinances in their jurisdictions, (b) links to each The Honorable V. Raymond Swope October 15, 2018 Page 4 Register online with the City of Burlingame to receive regular City updates at www.Burlingame.org jurisdiction's MUH smoking ordinance, and (c) information on how residents of multiunit housing can report violations of MUH smoking ordinances in their specific jurisdictions. Response: The City neither agrees nor disagrees with this finding. F13: TPP reported limited success in obtaining MUH smoking complaints data from jurisdictions, making it difficult to assess the efficacy of MUH ordinances and develop trend information. Response: The City has insufficient information to agree or disagree with this finding. Although not familiar with the requests to and responses of other cities, the City of Burlingame responds forthrightly to data requests from the TPP and any other requesters. Fl4: The funding allocation from the California Department of Public Health's Tobacco Control program for TPP increased from $150,000 in FY 2016-2017 to $784,000 in FY-2017-2018. Response: The City agrees with this finding, relying on the Grand Jury’s representations. The following are the City of Burlingame’s responses to the Grand Jury’s recommendations: Rl: Each jurisdiction with an MUH smoking ordinance (Belmont, Brisbane, Burlingame, Daly City, Foster City, Redwood City, San Bruno, City of San Mateo, South San Francisco and the County of San Mateo for its unincorporated areas) should improve their educational outreach to residents regarding such ordinances, including at a minimum each of the following, by no later than March 31, 2019: • Publishing summaries of residents' rights and obligations under their MUH smoking ordinances, including on their websites • Publishing information on how to report violations of MUH smoking ordinances, including on their websites • Informing residents that they can report violations of MUH smoking ordinances anonymously • Informing residents, including on their websites, that it is unlawful for any landlord or other person to take any retaliatory action against them for having reported a violation of an MUH smoking ordinance • Ensuring that information about reporting MUH smoking ordinance violations is just as readily accessible on their websites as information about other forms of nuisance • Ensuring that, upon typing the word “smoking," or the like in the search features of their websites, users are directed to all information about the jurisdiction's MUH smoking ordinance and related complaints process Response: The City has updated its website to include “Frequently Asked Questions” concerning its The Honorable V. Raymond Swope October 15, 2018 Page 5 Register online with the City of Burlingame to receive regular City updates at www.Burlingame.org smoking ordinance, and made other changes to the website to meet the searchability goals, and to better meet the goals of all of these recommendations. R2: The cities of Burlingame, Foster City, San Mateo, and South San Francisco should amend their MUH smoking ordinances, by no later than December 31, 2018, to prohibit retaliation against individuals who report violations of the MUH smoking ordinances. Response: The identities of all complainants in code enforcement matters are held as confidential by the City of Burlingame. The City, however, will also consider the proposed amendment to its ordinance. R3: The cities of Brisbane, Burlingame, Daly City, and the County of San Mateo for its unincorporated areas should amend their MUH smoking ordinances, by no later than December 31, 2018, to prohibit smoking medical marijuana in multiunit housing. Response: The Burlingame City Council considered this issue with its last amendments to the ordinance and made a policy determination that prohibiting access to substances deemed medically necessary for the treatment or management of an illness was outside the scope of the regulation. R4: Each jurisdiction with an MUH smoking ordinance (Belmont, Brisbane, Burlingame, Daly City, Foster City, Redwood City, San Bruno, City of San Mateo, South San Francisco, and the County of San Mateo for its unincorporated areas) should, by June 30,2019, evaluate ways to improve its collection and retrieval of complaints of MUH smoking violations so that: • Information regarding each complaint of an MUH smoking ordinance violation, and the response to it (complaints data) is recorded in a searchable electronic database • The jurisdiction can evaluate trends in the complaints data and the efficacy of the MUH smoking ordinance Response: The City takes this recommendation under advisement. R5: Each jurisdiction with an MUH smoking ordinance should, by December 31, 2018, make their complaints data (with names of alleged violators deleted) available to the TPP and TEC on at least an annual basis. Response: This information is available upon request at any time. R6: Each jurisdiction with an MUH smoking ordinance should, by December 31,2018, conduct a review of current methods used by the public to report MUH smoking violations and possible The Honorable V. Raymond Swope October 15, 2018 Page 6 Register online with the City of Burlingame to receive regular City updates at www.Burlingame.org improvements (including online reporting on their websites and use of mobile phone apps) to ensure ease of reporting. Response: The City will review current methods of reporting MUH violations by December 31, 2018. R7: The towns/cities of Colma, East Palo Alto, Half Moon Bay, Menlo Park, Millbrae, Pacifica, Portola Valley, and San Carlos should, by December 31, 2018, hold public hearings to evaluate issues and hear residents' views on restricting smoking in multiunit housing in their jurisdictions. Response: The City has not been requested to respond to this recommendation. R8: TPP and TEC should update their web pages by March 31, 2019, to include the following: • Links to MUH jurisdictions' smoking ordinances and their summaries/FAQs • Information on how to report violations of MUH smoking ordinances in each applicable • Jurisdiction Response: The City has not been requested to respond to this recommendation. The Burlingame City Council approved this response letter at its public meeting on October 15, 2018. Sincerely, Michael Brownrigg Mayor Superior Court of California, County of San Mateo Hall of Justice and Records 400 County Center Redwood City, CA 94063-1655 RODINAM. CATALANO COURT EXECUTIVE OFFICER CLERK & JURY COMMISSIONER (650) 261-5066 FAX (6s0) 261-s147 www. sanmateocourt. org July 26,2018 City Council City of Burlingame 501 Primrose Road Burlingame, CA 94010 Re: Grand Jury Report: "Smoke-Free Multiunit Housing: No Ifs, Ands, Or Butts" Dear Councilmembers: The2017-2018 Grand Jury filed a report on July 26,2018 which contains findings and recommendations pertaining to your agency. Your agency must submit comments, within 90 days, to the Hon. V. Raymond Swope. Your agency's response is due no later than October 24,2018. Please note that the response should indicate that it was approved by your governing body at a public meeting. For all findings, your responding agency shall indicate one of the following: l. The respondent agrees with the finding. 2. The respondent disagrees wholly or partially with the finding, in which case the response shall speciff the portion ofthe finding that is disputed and shall include an explanation ofthe reasons therefore. Additionally, as to each Grand Jury recommendation, your responding agency shall report one of the following actions: L The recommendation has been implemented, with a summary regarding the implemented action. 2 The recommendation has not yet been implemented, but will be implemented in the future, with a time frame for implementation. J The recommendation requires further analysis, with an explanation and the scope and parameters of an analysis or study, and a time frame for the matter to be prepared for discussion by the officer or director of the agency or department being investigated or reviewed, including the governing body of the public agency when applicable. This time frame shall not exceed six months from the date of publication of the Grand Jury report. 4.The recommendation will not be implemented because it is not warranted or reasonable, with an explanation therefore. Please submit your responses in all of the following ways: l. Responses to be placed on file with the Clerk of the Court by the Court Executive Office. Prepare original on your agency's letterhead, indicate the date of the public meeting that your governing body approved the response address and mail to Judge Swope. Hon. V. Raymond Swope Judge of the Superior Court c/o Charlene Kresevich Hall of Justice 400 County Center; 2nd Floor Redwood City, CA 94063-1655. 2. Responses to be placed at the Grand Jury website. Copyresponseandsendbye-mailto:@.(Insertagencyname if it is not indicated at the top of your response.) 3. Responses to be placed with the clerk of your agency. File a copy of the response directly with the clerk of your agency. Do not send this copy to the Court. For up to 45 days after the end ofthe term, the foreperson and the foreperson's designees are available to clariff the recommendations of the report. To reach the foreperson, please call the Grand Jury Clerk at (650)261-5066. If you have any questions regarding these procedures, please do not hesitate to contact Paul Okada, Chief Deputy County Counsel, at (650) 363-4761. Very truly yours, a a GlrbTtl(fuq Rodina M. Catalano Court Executive Officer RMC:ck Enclosure Hon. V. Raymond Swope Paul Okada Information Copy: City Manager cc: 2 a SMOKE.FREE MULTIUNIT HOUSING: NO IFS, ANDS, OR BUTTS ISSUE Do ordinances in jurisdictions banning smoking in multiunit housing properties protect San Mateo County residents from exposure to secondhand smoke? SUMMARY In the United States alone, exposure to secondhand smoke has killed approximately 2.5 million nonsmokers of all ages over the last 50 years.l While California has enacted a statewide ban on smoking in enclosed workplaces ,2'3 the majority of secondhand smoke exposure occurs in the home. Marijuana smoke, another source of secondhand smoke, is also toxic and contains many of the same chemicals and carcinogens as tobacco smoke.a Residents of multiunit properties, where smoke in one unit can pass into adjacent ones, are at significant risk of exposure to secondhand smoke.s In San Mateo County (the County), there are currently almost I14,000 multiunit households,6 and the number is expected to grow as jurisdictions work to address increasing housing demands.T In2007, the City of Belmont passed the nation's first ordinance prohibiting smoking in multiunit housing.s Since then, eight additional cities in San Mateo County, as well as the County itself (with respect to its unincorporated areas) have passed similar multiunit housing smoking ordinances.e I The Health Consequences of Smoking-ST Years of Progress: A Report of the Surgeon General. Rockville, MD. 2014. U.S. Public Health Service website, accessed June 7,2018. https://www.surgeongeneral.gov/library/reports/50-years-of- progress/exec -summary.pdf 2 "AB-13 Fact Sheet - California Workplace Smoking Restrictions. October 1997." State of California. Department of Industrial Relations website, accessed June 7,2018. https://www.dir.ca.gov/dosh/dosh publications/smokins.html 3 " AB-7 Smoking in the Workp lace. (2015-20 l6)" Califomia Legislative Information website, accessed June 7, 201 8. http://lesinfo.leeislature.ca.gov/faces/billCompareClient.xhtml?bill_id:201520162AB7 4 "Mariiuana and Tobacco Use, Marijuana: The Basics," California Department of Public Health website, accessed June 7, 2018. 5 King et al., "secondhand Smoke Transfer in Multiunit Housing," Nicotine & Tobacco Research. November 20 10. https://www.ncbi.nlm.nih. gov/pmc/articles/PMC3436457lpdf/ntq I 62.pdf 6 Offi.ialr in San Mateo county jurisdictions: email messages to the Grand Jury. (See Appendix B.) ' "K"y Housing Trends in San Mateo County: A report by 2l Elements2014," 2l Elements website, accessed June 7, 2018. <http:llwww.2lelements.com,/Housing-Needs-and-Demographics/View-category.html> 8 Ch.n, Serena. American Lung Association in California and Bay Area Smokefree Housing Project. Belmont Case Study: Belmont, CA Secondhand Smoke/Multi-Unit H ous ing Ordinance. https://www.myctb.ore/wst/healthylawrence/livewell/TobaccoFreeLivinq/AmericanTo20Lungo/o20Associationo/o20Advocat es%20Toolbox/Module-3/Belmont-Case-Study.pdf 9 Smoking Ordinances in: Belmont < https://library.municode.com/calbelmont/codes/code_olordinances?nodeld:CICO_CH20.5RESM> , Brisbane < https://library.municode.com/ca,/brisbane/codes/code_olordinances?nodeld:TIT8HESA CH8.46SMMUITRE> , Burlingame < http://qcode.us/codesfuurlineame/view.php?topic=8-8_18> , Daly Ciry < https://library.municode.com/caldaly_citv/codes/code_of ordinances?nodeld:TIT8HESAJIHS.36RESM> , Foster Ciry < http://www.codepublishing.com/CAlFosterCir_v/?FosterCitv08/FosterCityO805.html> , Redwood City < 2017-2018 San Mateo County Civil Grand Jury I Through interviews with local law and code enforcement officers, the San Mateo County Civil Grand Jury (the Grand Jury) learned that many of these jurisdictions have not adequately educated residents about their rights and obligations under multiunit housing smoking ordinances. At the time their ordinances were adopted, most of these jurisdictions conducted limited public outreach to residents, and even now, the jurisdictions' online resources detailing tenants' rights and reporting methods are difficult to access. Local officials also indicated that enforcement of their ordinances is constrained by the need to observe smoking violations in progress.l0 The Tobacco Prevention Program and the Tobacco Education Coalition are the two local entities that educate residents regarding the health effects of smoking, including secondhand smoke. The Tobacco Prevention Program is a part of the County's Health System and is charged with educating the community about tobacco-related health and policy issues. The Tobacco Education Coalition is a community-based group supported by the Tobacco Prevention Program that engages in advocacy relating to reducing the public's use of and exposure to tobacco. Both organizations assist cities that are considering smoking restrictions for their multiunit housing properties. With the quadrupling of the funding allocation from the California Department of Public Health's Tobacco Control Program (from S150,000 in FY 2016-2017 to $748,000 in FY 2017-2018), these entities will have the opportunity to greatly expand their operations. I I The Grand Jury recommends, among other actions, that: . Jurisdictions with multiunit housing smoking ordinances take steps to improve thpir tracking of smoking violation complaints as well as increase their residents' awareness of their rights and obligations, thereby increasing the effectiveness of enforcement efforts;. The Tobacco Prevention Program and Tobacco Education Coalition increase their educational outreach and support for countywide efforts to protect residents from the dangers of secondhand smoke exposure; . Cities within San Mateo County that have not yet adopted such ordinances hold public hearings to evaluate issues and hear residents' views on adopting smoking restrictions in multiunit housing in their jurisdictions. https://library.municode.com/calredwood_city/codes/code_olordinances?nodeld:CHI5SMRE>, San Bruno < https://qcode.us/codes/sanbrunoD , City of San Mateo < http://qcode.us/codes/sanmateo/view.php?topic:7- 7_40&showAll:l&frames:on> , San Mateo County < https://library.municode.com/calsan mateo-counw/codes/code_olordinances?nodeld:TIT4SAHE_CH4.96SM> , ild South San Francisco < http://qcode.us/codes/southsanfrancisco/view,php?topic=8-8_50&showAll: I &frames:off) accessed June 7, 2018. l0 Offi.iul, from local code and law enforcement agencies: interviews by the Grand Jury. I I Offi.iul of the San Mateo County Health System: interview by the Grand Jury. 22017-2018 San Mateo County Civil Grand Jury GLOSSARY AND ABBREVIATIONS California Healthcare, Research and Prevention Tobacco Tax Act (Proposition 56 or Prop. 56): A 2016 California state law increasing the excise taxes on tobacco products, including e- cigarettes, by $2. California Tobacco Tax and Health Protection Act (Proposition 99 or Prop. 99): A 1988 California state law which created a statewide, comprehensive tobacco control program funded through a twenty-five-cent tax on tobacco products. Electronic Smoking Devices (ESDs): Devices containing a nicotine-based liquid that is vaporized and inhaled, used to simulate the experience of smoking tobacco. ESDs are also used as alternatives to smoking marijuana. Jurisdictions: The jurisdictions that have adopted multiunit housing smoking ordinances: Belmont, Brisbane, Burlingame, Daly City, Foster City, Redwood City, San Bruno, San Mateo, South San Francisco, and the County of San Mateo (for its unincorporated areas only). Multiunit Households (MUH): A classification of housing where multiple separate housing units for residential inhabitants are contained within one building. There are currently almost 114,000 MUHs in the county. Secondhand Smoke (SHS): The combination of smoke generated by cigarettes (or other ignited plant material for the purpose of inhalation) as well as the smoke exhaled by the smoker. Thirdhand smoke (THS): The toxic particulate residue from smoke that clings to walls, fabrics, carpets, and other furnishings, lingering on surfaces after active smoking has ceased. Tobacco Prevention Program (TPP): The County of San Mateo Health System established the TPP in 1989 as part of the statewide network to educate the community on tobacco-related health and policy issues. Tobacco Education Coalition (TEC): A community-based group, established per Proposition 99, for the purpose of improving public health by reducing the use of tobacco products in the county. BACKGROTJND Secondhand Smoke Secondhand smoke (SHS), also known as "involuntary" or "passive" smoke, is a combination of smoke generated by cigarettes (or other ignited plant material for the purpose of inhalation) as well as the smoke exhaled by the smoker.12 Cigarette smoke contains more than 7,000 chemicals, including formaldehyde, cyanide, carbon monoxide, ammonia, and highly addictive nicotine, as well as more 12 Th, Health Consequences of lrwoluntary Exposure to Tobacco Smoke. A Report of the Surgeon General. Atlanta, GA. 2006. U.S. Public Health Service, Surgeon General website, accessed June 7,2018. https://www.surgeongeneral.sov/library/reports/secondhandsmoke/fullreport.pdf J2017-2018 San Mateo County Civil Grand Jury than 50 carcinogens. Since 196T,exposure to SHS has killed approximately 2.5 million nonsmokers of all ages in the United States.13 In 2010, the U.S. Surgeon General confirmed that even occasional exposure to secondhand smoke is harmful, and that low-levels of secondhand tobacco smoke lead to impairment of the lining of the blood vessels, which, in tum, can lead to heart attacks and stroke.la According to the American Lung Association: Secondhand smoke causes approximately 7,330 deaths from lung cancer and 33,950 deaths from heart disease each year...secondhand smoke is especially harmful to young children. Secondhand smoke is responsible for between 150,000 and 300,000 lower respiratory tract infections in infants and chitdren under 18 months of age, resulting in between 7,500 and 15,000 hospitalizations each year. It also causes 430 sudden infant death syndrome (SIDS) deaths in the U'S. annually'rs Marijuana smoke, another source of secondhand smoke, is also toxic. It contains twice as much tar and amnionia, eight times as much hydrogen cyanide, and many of the same chemicals and carcinogens as tobacco ,*ot.. Studies have shown ihut e*posrre to secondhand marijuana smoke impairs blood vessel function temporarily. Moreover, recovery from impairment caused by marijuana takes longer than from tobacco smoke, and repeated exposure to secondhand marijuana smoke can lead to long- term blood vessel impairment.l6 According to the American Nonsmoker's Rights Foundation: Smoke is smoke. Both tobacco and marijuana smoke impair blood vessel function similarly. People should avoid both, and governments who are protecting people against secondhand smoke exposure should include marijuana in those rules.l7 Approximately one in four nonsmoking Americans is subjected to secondhand smoke, including more than one in three who live in rental housing. Exposure to SHS occurs primarily at home, especially for children. An estimated l5 million chitdreriages three to eleven are exposed to SHS.I8 13 The HeakhConsequences of smoking-ST Years of Progress: A Report of the surgeonGeneral. Rockville, MD.2014' U.S. Public Health Service, Surgeon General website, accessed June 7, 2018. https://www'sureeongeneral.gov/librar},/reports/50.years-of-progress/exec-summary.pdf' iT;.F*t Sh..t' Ho* iobacco Smoke Causes Disease," A Report of the Surgeon General. Centers for Disease Control and prevention website, accessed June 7, 201 8. < https://www.cdc.eov/tobacco/data-statistics/sgr/201 0/pdfs/key-findings.pdP l5..Health Effects of Secondhand Smoke," American Lung Association website, accessed June 7, 2018. http://www.lung.orgstop-smokine/smoking-facts,&ealth-effects-of-secondhand-smoke.html l6--*Mn iluuna and robacco Use, Marijuana: The Basics," california Department of Public Health website, accessed June 7, 2018. 7 Matthew Springer, cardiovascular researcher and Associate Professor of Medicine, University of California, San Francisco. "secondhand Marijuana Smoke: Fact Sheet," American Nonsmokers 7, 2018. https://no-smoke.orgy'secondhand-marij uana-smoke-fact-sheet/ ' Rights Foundation website, accessed June 42017-2018 San Mateo County Civil Grand Jury While all children and adults can be victims of secondhand smoke, nonsmokers in some communities are at an elevated risk of exposure.le For example, more than 45 percent of Black nonsmokers are exposed to SHS, in contrast with23.9 percent of Hispanic Americans and2l.8 percent of non-Hispanic White nonsmokers. In addition,43.2 percent of nonsmokers with incomes below the poverty level are exposed to SHS. Secondhand Smoke Infiltration in Multiunit Housing (MUH) Since Americans spend almost two-thirds of their lives in their residences, nonsmokers living in multiunit properties are atelevated risk of exposure to secondhand smoke.20 The Centers for Disease Control and Prevention (CDC) reports that secondhand smoke can enter living spaces from other units and/or common areas through ventilation systems, walls, electrical outlets, open windows, or hallways.2l The Center for Social Gerontology's 2006 report explains the problem further: The health hazards of tobacco smoke are magnified in the close living quarters of those who live in multi-family dwellings... Tobacco smoke travels from its point of generation in a building to all other areas of the building. It has been shown to move through light fixtures, through ceiling crawl spaces, and into and out of doorways. Once exposed, building occupants arc atrisk for irritant, allergic, acute and chronic cardiopulmonary and carcinogenic adverse health effects.22 Smoke Residue ("Thirdhand smoke") Thirdhand smoke (THS) is the toxic particulate residue from smoke that clings to walls, fabrics, carpets, and other furnishings, lingering on surfaces after active smoking has ceased.23 Arsenic, lead, cyanide, and other carcinogens in thirdhand smoke can be absorbed through inhalation or skin contact, affecting both people and pets.2a l8 "CDC Vital Signs. Secondhand Smoke: An Unequal Danger. February 2015," Centers for Disease Control and Prevention website, accessed June 7, 2018. https;//www.cdc.sov/vitalsiens/pdf/2015-02-vitalsigns.pdf 19 "secondhand Smoke (SHS) Facts." Centers for Disease Control and Prevention website, accessed June 7,2018. https://www.cdc.gov/tobacco/data_statistics/fact sheets/secondhand_smoke/seneral_facts/index.htm 20 Kirg et al., "secondhand Smoke Transfer in Multiunit Housing." Nicotine & Tobacco Research. November 2010. hftps ://www. ncbi.nlm.nih. gov/pmc/articles/PMC343 6457lpdf/ntq I 62.pdf 2l "Ventilation Does Not Effectively Protect Nonsmokers From Secondhand Smoke," Centers for Disease Control and Preyention website, accessed June 7,2018. https://www.cdc.eov/tobacco/data_statistics/factJheets/secondhand-smoke/protection/ventilation/index.htm 22 S.ho.rrurklin, Susan, Esq. Memorandum: Analysis of the Voluntary and Legal Options of Condominium Owners Confrontedwith Secondhand Smokefrom another Condominium Urur Smoke-Free Environments Law Project. The Center for Social Gerontology, Inc. Anne Arbor, MI. May 2006. http://www.tcsg.org/sfelp/memo 06.pdf 23 "California Consortium for Thirdhand Smoke," University of Califomia San Francisco. Center for Tobacco Control Research and Education website, accessed June 7,2018. https://tobacco.ucsf.edu/california-consortium-thirdhand-smoke 24 *g" Smoke-free and Help Your Pets Live Longer, Healthier Lives," U.S. Food and Drug Administration website, accessed June 7, 2018. https://www.fda.eov/AnimalVeterinary/ResourcesforYou/AnimalHealthLiteracy/ucm5204 l5.htm 52017-2018 San Mateo County Civil Grand Jury According to the UCSF Center for Tobacco Control Research and Education: Infants and small children are likely to have more exposure to THS than adults because THS contaminates house dust and surfaces. Infants and children spend more time on the floor, have frequent hand to mouth behaviors, explore objects in the environment with their mouth, put non-food items in their mouths, engage in active play at home, and breathe in more dust-contaminated air than adults, in relation to their body size.2s Electronic Cigarette Aerosol (or Vapor) Electronic Smoking Devices (ESDs or e-cigarettes) emerged in the U.S. in 2007, as altematives to smoking tobacco and marijuana. Use of e-cigarettes is commonly referred to as "vaping." They quickly became popular, in part due to efforts of manufacturers to attract young buyers through tactics such as bubblegum and fruit flavorings.26 While e-cigarettes and similar devices do not produce tobacco or marijuana smoke, the vapor they emit is also harmful. [t contains particulates,_propylene glycol or vegetable glycerin, nicotine (in the case of tobacco), metals and other toxins.27 San Mateo County Health System's Responses to Secondhand Smoke Tobacco Prevention Program In 1988, the California Tobacco Tax and Health Protection Act (Prop. 99) was passed by the voters, creating a statewide, comprehensive tobacco control program. Prop. 99 levied a twenty-five-cent tax on tobacco products and placed new restrictions on the sale of tobacco. With the revenue generated by this initiative, the County established the Tobacco Prevention Program (TPP) in 1989 as part of the statewide network to educate the community on tobacco-related health and policy issues.28 The TPP's 2014-2017 Program Goals and Interventions2e included: . Reducing exposure to secondhand smoke by implementing smoke-free multiunit housing policies . Engaging youth in tobacco control and amending tobacco retail ordinances to broaden the definition of tobacco product o Reducing the availability of tobacco by eliminating tobacco sales in pharmacies/health care settings 25 "Frequently Asked Questions," University of Califomia San Francisco. Center for Tobacco Control Research and Education. Califomia Consortium for Thirdhand Smoke website, accessed June 7, 2018. httfrs://tobacco.ucsf.edu/frequentl),-asked-ouestions-0#Who-has-high-exposure-risk-of-THS 26 Samantha Weigel. "County may ban flavored tobacco, including menthol." San Mateo Daily Journal January 20,2018. <https://www.smdailyjournal.com/news/local/county-may-ban-flavored-tobacco-includine-menthol/article a54ccc9c-fd9f- I I e7-8baa-ab20 I dac2a50.html> 27 "Recreational Vaping l0l: What is Vaping?" National Center on Addiction and Substance Abuse website, accessed June 7,2018. https://www.centeronaddiction.ore/e-cigarettes/recreational-vaping/what-vaping 28 Offi.iul of the San Mateo County Health System: interview by the Grand Jury. 29 "Sun Mateo County Tobacco Prevention Program 2014-2017 Program Goals and Interventions," County of San Mateo Health System website, accessed June 7,2018. https:/iwww.smchealth.orgy'sites/main/files/file-attachments/2014-- 2017J:riorities.pdf 62017-2018 San Mateo County Civil Grand Jury The TPP provides a number of resources for county residents, including a hotline for the public to report problems with exposure to SHS and guidance to address those issues on the Smoke-Free Housing web page.3o ln20l6, voters passed the California Healthcare, Research and Prevention Tobacco Tax Act (Prop. 56), which increased the excise taxes on tobacco products, including e-cigarettes, by $2. With this increased tax revenue, the TPP's annual funding allocation from the California Department of Public Health's Tobacco Control Program increased from $150,000 in FY 2016-2017 to $784,000 in FY 2017-2018.3r As a result, the TPP is expanding its operations to include: . Education initiatives for city officials, residents, property managers, and the public on the dangers of secondhand smoke and effective methods to implement MUH smoking ordinances . Assistance for MUH communities with signage and monitoring compliance Tobacco Education Coalition Proposition 99 also required that all counties form a community-based group to improve public health by reducing the use of tobacco products. As a result, the County created the Tobacco Education Coalition (TEC) in 1989. The Coalition includes representatives from nonsmoking advocacy groups such as Breathe California, the Youth Leadership Institute, and the American Cancer Society, as well as the San Mateo County Sheriff s Office and San Mateo County Office of Education.32 The TPP also provides crucial support for the TEC's activities.33 With the goals of raising public awareness, implementing a countywide tobacco control plan, and engaging the public,3a the TEC works with local governments to undertake the following initiatives: . Implementing smoke-free multiunit housing policies . Amending tobacco retail ordinances to broaden the definition of tobacco products . Eliminating tobacco sales in pharmacies and health care settings o Collaborating on a statewide healthy stores campaign3s As part of the TEC's efforts to promote smoke-free multiunit housing, Coalition members provide city staff with model smoking ordinances. Coalition members also advocate at city council meetings for MUH smoking restrictions.36' 37 30 Cornty of San Mateo Heatth System website. Smoke-Free Housing. https://www.smchealth.ors/driftinssmoke 3l Ofii.iul of the San Mateo County Health System: interview by the Grand Jury. 32 "Tobu..o Education Coalition: Advocating change to support a tobacco-free San Mateo County," County of San Mateo Health System website, accessed June 7,2018. hftps://www.smchealth.org/tobaccoeducationcoalition 33 "Combined Scope of Work" document provided to the Grand Jury. County of San Mateo Health System, Tobacco Prevention Program. 04/20/ 18. 34 *3* Mateo County Tobacco Education Coalition By-Laws, Article One, Section Two: Goats." County of San Mateo Health System website, accessed June 7,2018. https://www.smchealth.orq/sites/main/files/file- attachments/tec_bylaws-v2 20 I 5.pdf 35 "Sun Mateo County Tobacco Education Coalition 2014-2017 Objectives," Tobacco Education Coalition: Advocating change to support a tobacco-free San Mateo County, County of San Mateo Health System website, accessed June 7, 20 I 8. https://www.smchealth.org/sites/main/files/file-attachments/tec objectives_2014-2017_12-20l6.pdf 72017-2018 San Mateo County Civil Grand Jury Adoption of Smoking Ordinances for Multiunit Housing Starting with Belmo nt in 2007 ,38 local jurisdictions began to pass laws to protect residents from secondhand smoke. Since then Brisbane, Burlingame, Daly City, Foster City, Redwood City, San Bruno, San Mateo, South San Francisco, and the County of San Mateo, for its unincorporated areas, have adopted ordinances that restrict smoking in multiunit housing properties.3e The towns/cities of Colma, East Palo Alto, Half Moon Bay, Menlo Park, Millbrae, Pacifica, Portola Valley, and San Carlos do not restrict smoking in their multiunit residences, except in some common areas.4o Atherton, Hillsborough, and Woodside have no multiunit housing.al At present, there are almost I14,000 multiunit residences in the county, of which approximately 94,000 (or 82 percent) are covered by MUH smoking ordinances.a2lsee Appendix B.) Even though 80 percent of California MUH residents surveyed have indicated that they prefer smoke- free housingo3 and only 6.6 percent of San Mateo County residents smoke,44 multiunit housing smoking bans remain controversial. The debate centers around the conflict between individual property rights versus the rights of residents to live in a safe, healthy environment.4s'46 However, no U.S. or California court has found that there is an affirmative right to smoke under either the U.S. Constitution or California Constitution. a7 36 offi.iut of the San Mateo County Health System: interview by the Grand Jury. 37 "Creating Smokefree Housing. A Model California Ordinance and Checklist," Changelab Solutions website, accessed June 7, 2018. htto://chaneelabsolutions.orq/publications/model-ord-smokefree-housing 38 Ch"r, Serena. American Lung Association in California and Bay Area Smokefree Housing Project. Belmont Case Study: Belmont, CA Secondhand Smoke/Multi-Unil Housing Ordinance. https://www.myct!.ors/wst/healthylawrence/livewell/TobaccoFreeLiving/American%20Lune%20Association%20Advocat eso420Toolbox./Module-3/Belmont-Case-Study.pdf 39 Smoking Ordinances in San Mateo county jurisdictions. (See Footnote 8) a0 Municipal codes for: Colma https://www.colma.ca.gov/municipal-code/ , East Palo Alto https://library.municode.com/caleastJ:alo alto/codes/code of_ordinances . Half Moon Bay http://www.codepublishing.com/CA/HalfMoonBay/ , Menlo Park http://www.codepublishing.com/CA,MenloPark/ , Millbrae http://www.codepublishing.com/CA/lr4illbrae/, Pacifica https://library.municode.com/calpacifica/codes/code-olordinances , Portola Valley https://library.municode.com/calportola_valley/codes/code-of-ordinances, and San Carlos https ://www.codepubl ish in g.com/CA/SanCarlos/ . al Offi.iulr in Atherton, Hillsborough, and Woodside: email responses to the Grand Jury. a2 Offi.iutr from cities, towns, and San Mateo County: email responses to the Grand Jury. 43 "Poli"y Statements. Policy Statement 12: Smoke-Free Housing Choice," California Apartment Association website, accessed June 7, 2018. https://caanet.or9app/uploads/2015/01/CAA_Policy_Statements-2013-with-TOC.pdf 44 *Culifo.ia Facts and Figures 20 I 6, Over 25 Years of Tobacco Control in California, September 2016,- California Department of Public Health website, accessed June 7, 201 8. h[ps ://wtLw.edph.ca. eoviProqra ctsandFigures/20 I 6 Facts Fi euresWeb.pdf 45 Minutes, City of Half Moon Bay Ciry Council, February 6,2018. 46 Vid.o, Redwood City City Council, October 2,2017, Meetings, Agendas, and Minutes, Redwood City website, accessed June 7, 2018. < hftp://www.redwoodcity.ore/citv-halycity-council/city-council-meetings-agendas-and-minutes> 47 Samantha K. Graff, "There Is No Constitutionat Right to Smoke: 2008, March 2008." A Law Synopsis by the Tobacco Control Legal Consortium, Tobacco Control Legal Consortium website, accessed June 7,2018. <http://www.publichealthlawcenter.ors/sites/default/fi les/resources/tclc-syn-constitution-2008.pdf> 82017-2018 San Mateo County Civil Grand Jury Legislative efforts to ban smoking in multiunit housing can take years. For example, in Redwood City it took five years until the city's MUH smoking ordinance was passed in October 2017.48In other municipalities, such as Half Moon Bay, the city council is still considering MUH smoking restrictions as of May 2}l8.4e Multiunit housing smoking ordinances generally provide the following: . Prohibit smoking (which includes the use of e-cigarettes) of tobacco, recreational marijuana, and other plant materials, in individual units of MUH and all in common areas . Declare secondhand smoke a "nuisance" . Require landlords to post no-smoking signage . Require leases to incorporate smoking restrictions . Prohibit landlords/property managers from "knowingly permitting" smoking and "knowingly or intentionally" permitting ashtrays . Provide for fines between $100 - $250 for smoking violations Ordinances vary on certain provisions, such as whether condominiums are included in their definitions of multiunit housing, acceptable distances from building entrances and windows where outdoor smoking is permiued, and whether smoking medical marijuana is exempted from MUH smoking restrictions. For example, the MUH smoking ordinances for the cities of Brisbane, Burlingame, Daly City, and the County of San Mateo for its unincorporated areas do not prohibit smoking medical marijuana in multiunit housing.50 DISCUSSION Implementation of ordinances and education Successful implementation of the provisions of a multiunit housing smoking ordinance, following its passage, requires residents to be knowledgeable about their rights under the law. Historically, cities have used press releases, mailings, and community meetings to inform the public of the new rules for a period of time immediately after the law has been passed. However, the Grand Jury found that most jurisdictions did not continue engaging the public after the initial awareness campaign, except when ordinances were amended.sl MUH smoking ordinances place substantial responsibility for implementation on landlords and property managers. For example, most jurisdictions require landlords to install no-smoking signage, modifu leases, and set up any designated smoking areas that they choose to permit at the stated minimum distances from building entrances and windows.s2 However, most city governments have a8 Offi.iul of the San Mateo County Health System: interview by the Grand Jury. a9 Zachary Clark, "Half Moon Bay to adopt smoking restrictions," San Mateo Daily Journal,May 17,2018. https://www.smdail),journal.com/news/local4ralf-moon-bay-to-adopt-smoking-restrictions/article 948a l8f0-598a- l I e8- a4 d4 -27 00 8 6b c37 e4,html 50 Smoking Ordinances in San Mateo County jurisdictions. (See Footnote 8) 5l Offi.iulr from local code and law enforcement agencies: interviews by the Grand Jury. s2 Smoking Ordinances in San Mateo County jurisdictions. (See Footnote 8) 92017-2018 San Mateo County Civil Grand Jury neither assisted in this process nor followed up to ensure that these requirements are being met.s3'54 As a result, many MUH properties lack the required signage and designated smoking areas.ss The jurisdictions' websites provide little information to educate residents, landlords, and property managers on their MUH smoking ordinances. It can be challenging to find information online about the ordinances or how to report a violation. The following examples are illustrative: The websites for Burlingame, Daly City, Redwood City,s6 the County of San Mateo, and South San Francisco do not contain any summaries of their MUH smoking ordinances. See Appendices C and D for examples of summaries from cities that do provide them. All but one of the MUH jurisdictions' websites provide links on their home pages for residents to report common nuisances such as potholes, graffiti, and abandoned shopping carts, but they do not provide any such links for reporting smoking violations.sT Only the websites for Brisbane, San Bruno, and Foster City provide readily accessible information on how to report a violation of an MUH smoking ordinance.s8 See Appendix E for an example of a readily accessible notice. When entering search terms such as "smoke" and o'smoking" in MUH cities' websites, no information regarding multiunit housing smoking ordinances appears in either Burlingame's or Daly City's websites.5e San Bruno and the County of San Mateo (on the County Health System website) are the only MUH jurisdictions that provide information about the TPP or TEC or how to contact them regarding multiunit housing smoking issues.60 53 Offi.iul, from local code and law enforcement agencies: interviews by the Grand Jury. 54 "Six-Month Apartment Smoking Prohibitions Review" report to Foster City City Council. June 1, 2015. https://fostercitvca.civicclerk.com/webfuserControls/DocPreview.aspx?p: I &aoid:306 55 On-site observations in Belmont, Daly City, and Foster City. 56 Redwood City's smoking ordinance is partially implemented: effective January l, 2018 for all new units and January l, 2019 for existing units in MUH properties. 57 Th. websites for the jurisdictions of Belmont https://www.belmont.qov , Brisbane http://brisbaneca.org , Foster City https://www.fostercitv.org, Redwood City http://www.redwoodcity.org , San Bruno https://www.sanbruno.ca.sov , the City of San Mateo https://www.cif-yofsanmateo.org, San Mateo County and South San Francisco hffp://www,ssf.net have a "How Do I ..." or "I Want To ..." link on their websites, as well as Daly City's "iHelp" link http://www.dalycity,org , that lead to information on how to report nuisances such as barking dogs, loud parties, abandoned matfresses, and shopping carts. However, these links do not provide information on how to report MUH smoking violations. Burlingame's website links to Code Compliance from its home page https://www.burlingame.org . 58 Webrit.r for Belmont, Brisbane, Burlingame, Daly City, Foster City, Redwood City, San Bruno, City of San Mateo, San Mateo County, and South San Francisco (See Footnote 56).t' City of Burlingame website, accessed June 7, 201 8: <https://www.burli > City of Daly City website, accessed June 7, 2018. <hnp://www.dalyci 60 W"bsitet for Belmont, Brisbane, Burlingame, Daly City, Foster Ciry, Redwood City, San Bruno, City of San Mateo, San Mateo County, and South San Francisco. (See Footnote 56) a a o a a 2017-2018 San Mateo County Civil Grand Jury l0 The foregoing examples are summarized in Figure No. l, below. Figure No. l: Website Content of Jurisdictions with MUH Smoking Ordinances Jurisdiction Search for "Smoke/ Smoking" yields smoking ordinance information? Provides summary of smoking ordinance? Provides information on how to make complaints about MUH smoking? Provides links to report specific nuisances other than smoking? Provides TPPfIEC info? Belmont Yes Yes No Yes No Brisbane Yes Yes Yes Yes Burlingame No No No No No Daly City No No No Yes No Foster City Yes Yes Yes Yes No Redwood City61 Yes No No Yes No San Bruno Yes Yes Yes Yes Yes City of San Mateo Yes Yes No Yes No South San Francisco Yes No No Yes No County of San Mateo Yes No Yes Yes Yes In addition to inadequate website information, Brisbane, Burlingame, Foster City, Redwood City, and San Bruno, the County of San Mateo, and South San Francisco do not require that their mandatory no- smoking signage contain a phone number for reporting violations. The City of San Mateo's ordinance does not require that no-smoking signage be posted.62 Enforcement and Compliance Those jurisdictions with MUH smoking ordinances typically assign the responsibility for enforcement of the ordinances to either their law enforcement or code enforcement personnel. Such enforcement officers generally do not issue citations for first offense violations of MUH smoking ordinances. In fact, it is difficult for them to issue citations at all because they must (l) observe the violation in progress, (2) see other compelling evidence that a violation had occurred, or (3) have the alleged violator admit to law or code enforcement that he or she had been smoking in violation of the MUH smoking ordinance.63 Officers interviewed by the Grand Jury stated that most of the alleged MUH smokers they spoke with in response to a complaint said they were unfamiliar with the smoking ordinance restrictions. Because of this, the officers primarily seek to educate and wam those residents about the requirements of MUH 6l Redwood City's smoking ordinance is partially implemented: effective January l,2Ol8 for all new units and January l, 2019 for existing units in MUH properties. 62 Smoking Ordinances in San Mateo County jurisdictions. (See Footnote 8) 63 Officiulr from local code and law enforcement agencies: interviews by the Grand Jury. 2017-2018 San Mateo County Civil Grand Jury l1 Yes smoking ordinances and potential enforcement.6a In several jurisdictions, when the alleged smoking offender was not at home, officers would leave a letter, brochure, or door hanger, if their city has one, explaining the smoking ordinance requirements.6s Complaints data reviewed by the Grand Jury indicates that very few individuals who were contacted by officers regarding alleged smoking ordinance violations were the subjects of subsequent complaints, suggesting that the officers' education approach was effective.66 According to enforcement officers interviewed by the Grand Jury, even if residents are awzue of their rights, they may be reluctant to make complaints because of fear of retaliation from smoking neighbors or landlords.6T While Belmont, Brisbane, Daly City, Redwood City, San Bruno, and the County of San Mateo's ordinances expressly prohibit retaliation, the MUH smoking ordinances for Burlingame, Foster City, the City of San Mateo, and South San Francisco do not.68 The materials published by MUH jurisdictions also do not inform residents that they may complain anonymously about smoking violations. Vulnerable residents, such as undocumented immigrants, may fear that a complaint could result in disclosure, eviction, or deportation.6e Local officials interviewed by the Grand Jury opined that enforcement of MUH smoking ordinances might be helped by the use of new smartphone applications (apps) that enable users to take a photo of nuisance code infractions in their jurisdictions, then submit it instantly to enforcement officers. Once received, officers can review the information and follow up with onsite visits. Such photographic evidence of a smoking violation in progress could be deemed the equivalent of an officer viewing the violation, thus allowing the officer to issue a citation to the smoker.70 At present, Burlingame, Foster City, Redwood City, San Bruno, the City of San Mateo, South San Francisco, and the County of San Mateo provide such apps (Access Burlingame, Foster City Access, myRWC, San Bruno Responds, mySanMateo,Tl Engage SSF,72 and Report It! San Mateo County,73 respectively). Officials in the City of San Mateo have used their app only to receive reports on illegal dumping and graffiti, but expressed enthusiasm about its potential to use photos as evidence of other violations including smoking.Ta In the course of its investigation, the Grand Jury learned that certain multiunit properties generate a greater number of smoking complaints than others.Ts'76 Few jurisdictions with MUH smoking 6a Offi"iulr from local code and law enforcement agencies: interviews by the Grand Jury. 6s lbid. 66 Ibid. 67 Ibid. 68 Smoking Ordinances in San Mateo County jurisdictions. (See Footnote 8) 69 Offi.iulr from local code and law enforcement agencies: interviews by the Grand Jury. 70 Officiulr from local code and law enforcement agencies: interviews by the Grand Jury. 7l Offi"iulr in the City of San Mateo: interview by the Grand Jury. 72 Off"iul in South San Francisco: interview by the Grand Jury. 73 Search results for phone applications for all MUH smoking ordinance jurisdictions in San Mateo County. 7a Offi.iulr in City of San Mateo: interview by the Grand Jury. 75 Offi.iul, from local code and law enforcement agencies: interviews by the Grand Jury. 76 Dut^on complaints of smoking in MUH submitted to the Grand Jury by officials from local code and law enforcement agencies. 2017-2018 San Mateo County Civil Grand Jury t2 ordinances review the data they have in order to identiff particular properties where multiple smoking ordinance violations are being reported. In addition, enforcement officers rarely follow up with landlords/property managers at MUH properties where smoking complaints have been received to inform thern of the reported violations. Even in jurisdictions where smoking complaints data may be available, the information is not routinely shared with the TPP or TEC.77 Improvements in complaints data collection, analysis, and sharing could help increase compliance with the ordinances, evaluate trends in smoking complaints, and ultimately protect MUH residents as these laws intended. In addition to reporting a violation of multiunit housing smoking ordinances to enforcement officers, residents who are exposed to secondhand smoke have several other options: . Talking to the smoker . Addressing the issue with the landlord . Contacting the TPP's smoking hotline (650) 573-377778 . Taking independent legal action based on a "nuisance" claimTe TPP and TEC Roles With an increase in funding allocated by the California Department of Public Health's Tobacco control Program from $150,000 in FY 2016-2017 to $784,000 in FY 2017-2018, the Tobacco Prevention Program and Tobacco Education Coalition (through increased TPP funding) will have the resources to significantly increase their activities in support of smoke-free multiunit housing. In addition to the areas of expansion already identified by the TPP (See Background) the TPP could also use these funds to improve the content of its web pages. At present, the TPP web pages provide guidance for tenants and landlords seeking to eliminate exposure to secondhand smoke. However, they do not: . Summarize a resident's rights and obligations under the relevant MUH ordinance . Provide links to MUH jurisdictions' smoking ordinances . Advise multiunit housing residents how to complain about violations of their specific jurisdiction's MUH smoking ordinance With its additional funding, the TPP could provide the above-referenced information and links for residents in jurisdictions with MUH smoking ordinances. In addition, the TPP could devote more resources to obtaining complaints data from jurisdictions that have MUH smoking ordinances in order to consolidate that information across the county, develop trend information, and assist jurisdictions in analyzingit. To date the TPP has reported only limited success in obtaining such data from jurisdictions.so 77 Offi.iulr from local code and law enforcement agencies: interviews by the Grand Jury. 78 "Smoke-Free Housing" County of San Mateo Health System website, accessed June 7,2018. htfps://www.smchealth.ors/drift inesmoke . 79 "LegalOptions for Tenants Suffering from Drifting Tobacco Smoke" Tobacco Free CA website, accessed June 7, 2018. < http://tobaccofreeca.com/wp-content/uploads/2017ll l/G-Leeal-Options-Smokefree-SupDort-for-Residenets-Makins- Smokefree-Laws-Work DisabilitEFactsheet.pdf) 80 Offi.iul of the San Mateo County Health System: interview by the Grand Jury. l32017-2018 San Mateo County CivilGrand Jury CONCLUSION Undoubtedly, progress has been made through these ordinances to protect MUH residents by giving them clear, legal rights to seek protection from the dangers of secondhand smoke exposure. At present, the County ant eight of its twenty cities have passed MUH smoking ordinances covering 82 percent of the county's multiunit households. However, it is difficult to determine the impact that MUH smoking ordinances have made because the TPP, which could consolidate complaints data across the jurisdictions and look for trend information, has reported only limited success in obtaining such data from jurisdictions. Further, not all jurisdictions with MUH smoking ordinances interviewed by the Grand Jury systematically compile complaints data. As a result, decisions on how best to increase compliance with and enforce the ordinances can be difficult to make. FINDINGS Fl: Since 1967 , exposure to secondhand smoke has killed approximat ely 2.5 million nonsmokers of all ages in the United States. F2: Enforcement officers report that their primary focus when responding to MUH smoking violation complaints is to educate alleged smokers regarding the requirements of the smoking ordinances, and that most alleged smokers report being unfamiliar with the requirements of the ordinance. F3: The Belmont, Brisbane, Daly City, Redwood City, San Bruno, and the County of San Mateo MUH smoking ordinances expressly prohibit retaliation against individuals who report a violation; however, the MUH smoking ordinances for Burlingame, Foster City, the City of San Mateo, and South San Francisco do not. F4: Searches for o'smoking" or o'smoke" using the website search tool for Burlingame and Daly Citys' do not yield any information regarding their MUH smoking ordinances, whereas the search tools for each of the other jurisdictions with MUH smoking ordinances do. (See Website Content Table below, column F4.) tt City of Burlingame website, accessed June 7,2018. <h!Ql&udjrye[94lg> City of Daly City website, accessed June 7, 20 I 8. <http://wrvw.dalyc ity.ore 2017-2018 San Mateo County Civil Grand Jury t4 The Tobacco Prevention Program and Tobacco Education Coalition can support compliance by providing signage with a phone number to report violations and reaching out to residents to explain their rights and obligations under the ordinances, as well as assisting jurisdictions with efforts to analy ze complaints data. F5: The websites for Burlingame, Daly City, Redwood City,82 the County of San Mateo, and South San Francisco do not contain summaries of their MUH smoking ordinances. The websites for each of the other jurisdictions with MUH smoking ordinances do. (See Website Content Table below, column F5.) F6: The websites for Belmont, Burlingame, Daly City, Redwood City,83 the City of San Mateo, and South San Francisco do not provide specific information on how to make complaints regarding MUH smoking violations. The websites for each of the other jurisdictions with MUH smoking ordinances do. (See Website Content Table below, column F6.) F7: The websites for the cities of Belmont, Brisbane, Foster City, Redwood City,84 San Bruno, San Mateo, and South San Francisco, as well as the County's Health System website (for unincorporated San Mateo County) have links on their home pages that lead to information on how to report specific types of nuisances such as barking dogs, loud parties, abandoned mattresses, and shopping carts. However, these links do not provide information on how to report MUH smoking violations. Burlingame's website links to Code Compliance from its home page.ss (See Website Content Table below, column F7.) F8: The websites for Brisbane, San Bruno, and the County of San Mateo (on the County Health System website) provide information about the TPP or TEC or how to contact them regarding an MUH smoking issue. The websites for the other MUH jurisdictions do not. (See Website Content Table below, column F8.) 82 Redwood City's smoking ordinance is partially implemented: effective January l, 2018 for all new units and January l, 2019 for existing units in MUH properties. 83 Redwood City's smoking ordinance is partially implemented: effective January 1,2018 for all new units and January l, 2019 for existing units in MUH properties. 8a tbid. 85 < hffps://www.belmont.gov> < http://brisbaneca.org> < https://www.burlingame.org> <hftps://www.fostercity.orq> <http://www.redwoodcity.org> < httDs://www.sanbruno.ca.gov> < hftps://www.cit-vofsanmateo.org> <http://www.ssf.net> <h ttp : //www. da l.vc i ty. or g> 2017-2018 San Mateo County Civil Grand Jury l5 website content of Jurisdictions with MUH Smoking ordinances Jurisdiction F4. Search for "Smoke/ Smoking" yields smoking ordinance information? F5. Provides summary of smoking ordinance? F6. Provides information on how to make complaints about MUH smoking? F7. Provides links to report specific nuisances other than smoking? F8. Provides TPPITEC info? Belmont Yes Yes No Yes No Brisbane Yes Yes Yes Yes Yes Burlingame No No No No No Daly City No No No Yes No Foster City Yes Yes Yes Yes No Redwood Gityas Yes No No Yes No San Bruno Yes Yes Yes Yes Yes City of San Mateo Yes Yes No Yes No South San Francisco Yes No No Yes No County of San Mateo Yes No Yes Yes Yes B9: In all MUH jurisdictions, the issuance of citations for violations of MUH smoking ordinances is limited by the need to (1) observe the violation in progress, (2) see other compelling evidence that a violation had occurred, or (3) have the alleged violator admit to law or code enforcement that he or she had been smoking in violation of the MUH smoking ordinance. F10: The towns/cities of Colma, East Palo Alto, Half Moon Bay, Menlo Park, Millbrae, Pacifica, Portola Valley, and San Carlos do not have smoking ordinances that restrict smoking in their multiunit residences, except in some common areas. Atherton, Hillsborough, and Woodside have no multiunit housing. Fll: The MUH smoking ordinances for the cities of Brisbane, Burlingame, Daly City, and the County of San Mateo for its unincorporated areas do not prohibit smoking medical marijuana in multiunit housing. F12. The TPP web pages do not include the following information: (a) a summary of residents' rights and obligations under the MUH smoking ordinances in their jurisdictions, (b) links to each jurisdiction's MUH smoking ordinance, and (c) information on how residents of multiunit housing can report violations of MUH smoking ordinances in their specific jurisdictions. F13: TPP reported limited success in obtaining MUH smoking complaints data from jurisdictions, making it difficult to assess the efficacy of MUH ordinances and develop trend information. 86 Redwood City's smoking ordinance is partially implemented: effective January 1,2018 for all new units and January l, 2019 for existing units in MUH properties. 2017-2018 San Mateo County Civil Grand Jury 16 Fl4: The funding allocation from the California Department of Public Health's Tobacco Control program for TpP increased from $150,000 in FY 2016-2017 to $784,000 in FY-2017-2018. RECOMMENDATIONS Rl: Each jurisdiction with an MUH smoking ordinance (Belmont, Brisbane, Burlingame, Daly City, Foster City, Redwood City, San Bruno, City of San Mateo, South San Francisco and the County of San Mateo for its unincorporated areas) should improve their educational outreach to residents regarding such ordinances, including at a minimum each of the following, by no later than March 31,2019: . Publishing summaries of residents' rights and obligations under their MUH smoking ordinances, including on their websites . Publishing information on how to report violations of MUH smoking ordinances, including on their websites . Informing residents that they can report violations of MUH smoking ordinances anonymously . Informing residents, including on their websites, that it is unlawful for any landlord or other person to take any retaliatory action against them for having reported a violation of an MUH smoking ordinance . Ensuring that information about reporting MUH smoking ordinance violations is just as readily accessible on their websites as information about other forms of nuisance . Ensuring that, upon typing the word'osmoking," or the like in the search features of their websites, users are directed to all information about the jurisdiction's MUH smoking ordinance and related complaints process Ril: The cities of Burlingame, Foster City, San Mateo, and South San Francisco should amend their MUH smoking ordinances, by no later than December 31, 2018, to prohibit retaliation against individuals who report violations of the MUH smoking ordinances. R3: The cities of Brisbane, Burlingame, Daly City, and the County of San Mateo for its unincorporated areas should amend their MUH smoking ordinances, by no later than December 31, z}l8,to prohibit smoking medical marijuana in multiunit housing. R4: Each jurisdiction with an MUH smoking ordinance (Belmont, Brisbane, Burlingame, Daly City, Foster City, Redwood City, San Bruno, City of San Mateo, South San Francisco, and the County of San Mateo for its unincorporated areas) should, by June 30,2019, evaluate ways to improve its collection and retrieval of complaints of MUH smoking violations so that: . Information regarding each complaint of an MUH smoking ordinance violation, and the response to it (complaints data) is recorded in a searchable electronic database o The jurisdiction can evaluate trends in the complaints data and the efficacy of the MUH smoking ordinance R5: Each jurisdiction with an MUH smoking ordinance should, by December 31, 2018, make their complaints data (with names of alleged violators deleted) available to the TPP and TEC on at least an annual basis. 2017-2018 San Mateo County Civil Grand Jury t7 R6: Each jurisdiction with an MUH smoking ordinance should, by December 31,2018, conduct a review of current methods used by the public to report MUH smoking violations and possible improvements (including online reporting on their websites and use of mobile phone apps) to ensure ease of reporting. R7: The towns/cities of Colma, East Palo Alto, Half Moon Bay, Menlo Park, Millbrae, Pacifica, Portola Valley, and San Carlos should, by December 3 1, 2018, hold public hearings to evaluate issues and hear residents' views on restricting smoking in multiunit housing in their jurisdictions. R8: TPP and TEC should update their web pages by March 31,2019, to include the following: . Links to MUH jurisdictions' smoking ordinances and their summaries/FAQs . Information on how to report violations of MUH smoking ordinances in each applicable jurisdiction REQUEST FOR RESPONSES Pursuant to Penal Code Section 933.05, the Grand Jury requests responses from the City Councils and Board of Supervisors, as applicable, of the following: . Each of the City of Belmont, the City of Brisbane, the City of Burlingame, the City of Daly City, the City of Foster City, the City of Redwood City, the City of San Bruno, City of San Mateo, the City of South San Francisco, and San Mateo County Board of Supervisors to respond to: R4, R5, and R6. . Each of the City of Burlingame, City of Foster City, City of San Mateo, and City South San Francisco to respond to R2. . Each of the City of Brisbane, City of Burlingame, City of Daly City, and the County of San Mateo to respond to R3. . Each of the Town of Colma, City of East Palo Alto, City of Half Moon Bay, City of Menlo Park, City of Millbrae, City of Pacifica, Town of Portola Valley, and City of San Carlos to respond to R7. . The San Mateo County Board of Supervisors to respond to R8. The governing bodies indicated above should be aware that the comments or responses of the governing body must be conducted subject to the notice, agenda, and open meeting requirements of the Brown Act. 2017-2018 San Mateo County Civil Grand Jury l8 METHODOLOGY The Grand Jury reviewed health studies, scientific papers, government fact sheets and reports, national, state, county, and city statistics, smoking ordinances of cities in San Mateo County, data on smoking violations collected by city code and law enforcement officials, by-laws and other documents pertaining to the County's Tobacco Prevention Program and Tobacco Education Coalition, state laws covering smoking, and materials from the following organizations: California Apartment Association, Executive Council of Homeowners, Breathe California, Tobacco Free CA, Changelab Solutions, American Lung Association, and Americans for Nonsmokers' Rights. The Grand Jury interviewed officials in the following cities: Belmont Brisbane Daly City Foster City San Mateo South San Francisco In addition, the Grand Jury interviewed representatives of San Mateo County Health System, as well as the nonprofi t C al i fomia Apartment Association. 2017-2018 San Mateo County Civil Grand Jury l9 BIBLIOGRAPHY 2l Elements website. "Key Housing Trends in San Mateo County: A report by 21 Elements 2014." Accessed June 6, 201 8. <http://www.2 l elements.com/Housing-Needs-and-DemographicsA/iew- .html> American Lung Association website. "Health Effects of Secondhand Smoke." Accessed June 6, 2018 http://www.lung.ore/stop-smoking/smokine-facts/health-effects-of-secondhand-smoke.html American Nonsmokers' Rights Foundation website. 'oFact Sheet. Secondhand Marijuana Smoke." Accessed June 6, 2018. https://no-smoke.org/secondhand-marijuana-smoke-fact-sheet/ California Apartment Association website. "Policy Statements. Policy Statement l2: Smoke-Free Housing Choice." Accessed June 6, 2018. https://caanet.org/app/uploads/2015/01/CAA_Policy_Statements_2013-with-TOC.pdf California Department of Public Health. "California Facts and Figures 2016, Over 25 Years of Tobacco Control in California, California Tobacco Control Program. September 2016." Accessed June 6,2018. http://tobaccofreeca.com/wp-content/uploads/2016/10/2016-California-Tobacco-Facts- Fieures.pdf California Department of Public Health website. "Marijuana and Tobacco Use, Marijuana: The Basics." Accessed June 6, 2018. https://www.cdph.ca.gov/Programs/CCDPHPIDCDIC/CTCB/CDPH%20Document%20librarylResear chandEval uation/FactsandFi gures/MJ AndTobaccoUseFacoZ2 0 Sheet-CDPH-CTC P- 5 -20 I 7 .odf California Legislative Information website. *AB-7 Smoking in the Workplace. (2015-2016)." Accessed June 6, 2018. http : // I e ei n fo. I es i s I at ur e. c a. so v/faccs/bjll compareclient.xhtml?bill id:20 I 5201 62A87 Centers for Disease Control and Prevention website. "CDC Vital Signs. Secondhand Smoke: An Unequal Danger. February 2015." Accessed June 6, 2018. https://www.cdc.sov/vitalsisns/pdf/2015- 02-vitalsiens.pdf Centers for Disease Control and Prevention website. "Secondhand Smoke Facts." Accessed June 6, 2018. https://www.cdc.gov/tobacco/data_statistics/fact_sheets/secondhand smoke/seneral facts/index.htm Centers for Disease Control and Prevention website. Ventilation Does Not Effectively Protect Nonsmokers From Secondhand Smoke. Accessed June 6, 2018. <https;/luryvw.qdc.eovltobaeco/data stati stics dex.htm > Changelab Solutions website. "Creating Smokefree Housing. A Model California Ordinance and Checklist." http://chaneelabsolutions.org/publications/model-ord-smokefree-housing 2017-2018 San Mateo County Civil Grand Jury 20 Chen, Serena. Belmont Case Study: Belmont, CA Secondhand Smoke/Multi-Unit Housing Ordinance. American Lung Association in California and Bay Area Smokefree Housing Project. Accessed June 7, 201 8. https://www.myctb.org/wst/healthylawrence/livewell/TobaccoFreeLivine/American%20l-ung%2OAss ociation%20Advocateso/o20Toolbox/Jvlodule-3/Belmont-Case- Study.pdf Clark, Zachary, "Half Moon Bay to adopt smoking restrictions," San Mateo Daily Journal, Thursday, May 17,2018. https://www.smdailyjournal.com/news/local,/half-moon-bay-to-adopt-smokine- restrictions/article-948a1 8f0-598a- 1 I e8-a4d4-270086bc3 7e4.html County of San Mateo Health System "Combined Scope of Work" document provided to the Grand Jury. San Mateo County Health Department. Tobacco Prevention Program. 04120118. County of San Mateo Health System website. "Smoke-Free Housing." htlps t//www:. smchealth. org/dri ftingsmoke County of San Mateo Health System website. "Tobacco Education Coalition: Advocating change to support a tobacco-free San Mateo County." Accessed June 6, 2018. https ://www. smchealth. org/tobaccoeducationcoalition County of San Mateo Health System website. "San Mateo County Tobacco Education Coalition: 2014- 2017 Objectives." Accessed June 6, 2018. https://www.smchealth.org/sites/main/files/fi1e- attachments/tec_obj ectives 20 I 4-20 I 7_ I 2-20 I 6. pdf Graff, Samantha K., "There Is No Constitutional Right to Smoke: 2008." Tobacco Control Legal Consortium. A Law Synopsis by the Tobacco Control Legal Consortium. March 2008. default/fi les/resources/tclc -s King, B. A., M. Travers, M. Cummings, M. C. Mahoney, and A. J. Hyland. "Secondhand Smoke Transfer in Multiunit Housing." Nicotine & Tobacco Research. November 2010. https://www.ncbi.nlm.nih. gov/pmc/articles/PMC343 645 7/pdf/ntq 1 62.pdf Vaping?" Accessed June 6, 2018. vapine/what-vaping //www San Mateo County Health System. "San Mateo County Tobacco Prevention Program 2014-2017 Program Goals and Interventions." Accessed June 6,2018. https://www.smchealth.orq/sites/mair/files/file-attachments/2014 - 201 TJriorities.pdf San Mateo County Health System. "Tobacco Education Coalition By-Laws, Article One, Section Two: Goals." Accessed June 6, 2018. https://www.smchealth.org/sites/main/files/file- attachments/tec_bylaws v2_20 I 5.pdf 2017-2018 San Mateo County Civil Grand Jury 2t National Center on Addiction and Substance Abuse website. "Recreational Vaping 101: What is Schoenmarklin, Susan, Esq. Memorandum: Analysis of the Voluntary and Legal Options of Condominium Owners Confrontedwith Secondhand Smokefrom another Condominium Unit. Smoke- Free Environrnents Law Project. The Center for Social Gerontology, Inc. Anne Arbor, MI. May 2006. http ://www.tcse.org/sfelp/memo 06.pdf "Six-Month Apartment Smoking Prohibitions Review," Report to Foster City City Council. June 1, 2015.1&aoid Smoking Ordinances: Belmont < codes/code of Brisbane < https://librarv.municode.com/calbrisbane/codes/code of ordinances?nodeld:TlTSHESA_CH8.46SM MUITRD , Burlingame < http://qcode.us/codes/burlineame/view.php?topic:8-8_18> , Daly City < htto s : //librarv. muni code.dalv citv/codes/code of ordinances?nodel HESA CH8.36RE SM> , Foster City < http://www.codepublishing.com/CA/FosterCit),/?FosterCity08/FosterCitlr0S05.html> , Redwood City 15 San Bruno < https://qcode.us/codes/sanbruno/> , City of San Mateo < http://qcode.us/codes/sanmateo/view.php?topic:7-7 _40&showAll:l&frames:61) , Safl Mateo County < code of C H4.96SM> , and South San Francisco < http://qcode.us/codes/southsanfrancisco/view.php?topic:8- 8 50&showAll:l &frames:off). State of California. Department of Industrial Relations website. "AB-13 Fact Sheet - California Workplace Smoking Restrictions. October 1997." Accessed June 6, 2018. https ://www.dir. ca. gov/dosh/doshJublications/smokinq.html and Tobacco Free CA website. "Legal Options for Tenants Suffering from Drifting Tobacco Smoke" Accessed June 6, 2018. < http://tobaccofreeca.com/wp-content/uploads/2017111/G-Legal- Ootions Smokefree-for-Residenets Makins-Smokefree-[Work Disabilitv- Factsheet.pdf) University of Califomia San Francisco website. Center for Tobacco Control Research and Education. "California Consortium for Thirdhand Smoke." Accessed June 6,20I8. https ://tobacco. ucsf. edr:/california-consortium-thirdhand-smoke University of California San Francisco website. Center for Tobacco Control Research and Education. California Consortium for Thirdhand Smoke. "Frequently Asked Questions." Accessed June 6, 2018. https://tobacco.ucsf.edu/frequently-asked-questions-0#Who-has-hieh-exposure-risk-of-THS U.S. Food and Drug Administration website. "Be Smoke-free and Help Your Pets Live Longer, Healthier Lives." Accessed June 6, 2018. https:/hwvw.fcla.goviAnimalVeterinary/ResourcesforYor-r/AnimalHealthl-iteracy/ucm5204l5.htm 2017-2018 San Mateo County Civil Grand Jury 22 u.S. Public Health Service. How Tobacco Smoke Causes Disease: The Biolog1t and Behavioral Bosis for Smoking-Attributable Diseas e. A Report of the surgeon General. Atlanta, GA. Fact Sheet. centers for Disease Control and Prevention (US) 2010. Accessed June 6,2018. < .cdc U.S. Public Health Service, The Health Report of the Surgeon General. Atlanta, I Consequences of Involuntary Exposure to Tobacco Smoke. A GA. 2006. Accessed June 6,2018. U.S. Public Health Service. The Health Consequences of Smoking-ST Years of Progress; A Report of the SurgeonGeneral. Rockville, MD.2Ol4. https://lwvw.surseongeneral.gov/librar)rTeports/5O-l/ears- of-pro gress/index. html Weigel, Samantha. "County may ban flavored tobacco, including menthol." The Daily Journal. San Mateo Daily Journal, January 20,2018. Accessed June 6, 201g. fd 0l 2017-2018 San Mateo County Civil Grand Jury 23 APPENDIX A MULTIUNIT HOUSTNG SMOKING ORDINANCES IN SAN MATEO COUNTY Jurisdiction Gontact #Penatty Recreational Marijuana Medical Marijuana E-cigs Vaping Condos lncluded Retaliation Prohibited ilotice in Lease Ordinance Link Belmont Business hours 650.637.2968 After hours 650.595.7400 Waming Fine $100+Prohibited Prohibited Prohiblled Yes Yes Yes Brisbane 415.508.2172 Waming Fine $100+Prohibited Exempted Prohibited Yes Yes Yes Burlingame 650.558.7208 Refen to other parb of muni code Prohibited Exempted Not specified Yes No No 8 18&showAll=1&frames=on Daly City 6s0.991.8119 Waming Fine $100+Prohibited Exempted Prohibited No Yes Yes Foster Cig 650.286.3300 Fine up to $250 lst violation Prohibited Prohibited Prohibited Yes No Yes tv08/FosterCityo805. html Redurcod City. Business hours 6s0.780.73s0 After houn 6s0.780.711 Fine between $250 - $1,000 Prohibited Prohibited Prohibited Yes Yes Yes e of ordinances?nodeld=CHl 5SMRE San Bruno County Hotline 650.573.3777 or 650.616.7074 Warning Fine $100+Prohibited Prohibited Prohibited Yes Yes Yes 6 56&showAll=1&frames=off San Maleo 650.522.7700 Waming Fine $100+Prohibited Prohibited Prohibited Yes No No 7 40&showAll= l&frames=on South San Francisco 650.829.6645 Follow Public Nuisance Law Penalties Prohibited Prohibited Prohibited Yes No No =8-8 50&showAll=1 &frames=off Unincorporated San Maleo County 650.573.3777 Fine up to $100 1st violation Prohibited Exempted Prohibited Yes Yes Yes Notes Fines increase with subsequent infractions smoke considered same as any smoke effective'Restrictions 12018111 for all unitsnew and finug allfor units tnexisting multiunit tn Reduoodhousing City. 2017-2018 San Mateo County Civil Grand Jury 24 APPENDIX B Number of Multiunit Housing Residences in San Mateo County San Mateo Jurisdiction Total MUH Redwood South San Francisco Belmont San Carlos Millbrae J Half Moon t61 Portola V 263 Atherton 0 Hillsborough ]OIALUUH 0 11392 (lncludes apartments,townhomes, duplexes, triplexes and fourplexes) 2017-2018 San Mateo County Civil Grand Jury 25 22,511 16,626 15,026 8,662 8,506 7,424 6,693 4,937 4,559 3,945 3,440 3,395 Foster City Smoking Ordinance Frequently Asked Questions - Multi-Family Residential properties (Apartments, Condominiums, Townhomes) 9. Are all residential properties in Foster City impacted by this ordinance?A. No. The ordinance applies to multi-family unlts (apirtments, condominiums and townhomes) that share common walls, ventilation, floors, or ceilings. O. Where is smoking prohibited?A. For apartments, condominiums and townhomes, smoking is prohibited within 30 feet ofall entrances and doorways, in common areas and insr.de residential units and on all balconies and patios. This ordinance goes into effect immediately for common areas and all new leases. Units with existing leases are exempt until the lease agreement expires or twelve months after the ordinance's effective date. (The ordinance effective date was 111512014.) smoking is also prohibited on all sidewalks in or adjacent to common interest developments and apartments. O. Where is smoking permitted?A. Smoking is permitted in designated smoking areas. outdoor designated areas must belocated more than 30 feet from an entrance/doorway and be mirked by conspicuous signage. lnterior smoking is allowed only if the area is fully enclosed, separately ventilated, and not the onry space availabre for a particular activity or service, O. Are electronic cigarettes included in the ordinance?A. Yes. The city defines "smoke or smoking,, as inhaling or exhaling upon, burning orcarrying any lighted cigarette, cigar, pipe, hookah, weed, plant or other combustible substance used for the personal habit commonly known as smoking or an activated electronic cigarette or similar device used for the personal habit commonly known as vaping. O. When does the ordinance go into effect?A. The ordinance went into effect on November 6, 2014, for apartment buildings and December 17 , 2014, for condominiums and townhomes. Until January 1 , 2015, fiist time violators will be subjected to a warning only. APPENDIX C O. What are the fines and penalties? A. Any person who violates the ordinance may be cited for an infraction, punishable by:o A fine not exceeding two hundred fifty dollars ($250) for a firstviolationo A fine not exceeding five hundred dollars ($500) for a second violation within one year o A fine not exceeding one thousand dollars (91 ,ooo) for each additional vioration within one year 2017-2018 San Mateo County Civil Grand Jury 26 O. How will the ordinance be enforced?A. Violations of the notification requirements or designation of smoking areas should beaddressed to the Foster city community Developmlnt Department a[ 6so- 2ao_gzzs orplanning@fostercity.org. To report a violation in progress ("on-view violation,,) of theordinance, call the Police Department at 650-2g6_3300 O. What are the responsibilities of apartment managers or homeowners associationsunder the ordinance?A. Each. owner, operator, manager or other person having control of places within whichsmoking is regulated shall be h compliance upon conspiciously posting "No smoking,,signswith letters not less than one inch high or the international "tto Smofirig" symbol consistingof a pictorial representation of a burning cigarette enclosed in a red jircle with a red baracross it. At least one sign shall be placed at the entrance to every applicable facility. TheCity has provided signage guidance at its website (see link at tne ei<j of this document).Property owners and operators are also required to notify residents of the new law using anoticing method deemed appropriate by the property owners or operators. O. Can I establish non-smoking policies that are stronger that what is required under theordinance?A. Yes. The ordinance does not prevent property owners from establishing more stringent non- smoking requirements. O. lf I rent out a single family home, is smoking allowed in thatresidence?A. Yes. The ordinance applies only to residential units that share walls, ceilings or floors. o. what happens if a resident is complaining about drifting smoke from another unit?A. The best course of action is to contact the smoker to remind them that smoking is notpermitted in or around residential units that share common walls, ceilings or floors and toinform them of the location of designated smoking areas on the prope-rty. lf the residentcontinues to smoking in the unit, violations in progress (,on-view violations,,) of the ordinance can be reported to the police Department at OSO_Z8O'_SSOO. o. where can lgo for more information on this ordinance and resources for_ implementing a non-smoking multi-unit residential community?A. General questions about the .ordinanc€ may be addressed to Minagement Analyst Andra Lorenz at 650-286-3215 or alorenz@fostercity.org. Questions about thie ordinance'i signageand notification requirements or designation of smoking areas may be addressed [o theFgster city community Deveropment Department at 6so-286-g22s orplanning@fostercity.org. To report a violation in progress ("on-view violation,) of theordinance, call the Police Department at 650- 286-3300. California Apartment Association(Tri-County) also has resources available to members and can be contacted al (4Og) 342- 3500. More information is also available at Foster City,s Smoki ng Ordinance Resource Page fostercitv.oro /departmentsan ddivisions/citvm anaoer/smo ki ordinanceuod ate.cfm *The california Apartment Association served as a resource in development ofthis document. 2017-2018 San Mateo County Civil Grand Jury 27 Did You Know the City Has a Smoking Ordinance? APPENDIX D WHAT IS COVERED BY THE ORDINANCE? The City has adopted a new ordinance to regulate exposure to secondhand smoke throughout the City, including in most public places and in multi-unit residences such as apartments, condominiums, and townhomes. Smoking is broadly defined to include any lighted tobacco or nicotine product, weed or plant, including hookah and marijuana, whether delivered by cigarette, pipe, cigar, or any electronic device (vaping). Srnoke-Free Housing Change is in the air. WHERE IS SMOKING PROHIBITED? After a l4-month grace period that expires on February 22,2018, smoking is prohibited: o In multi-unit residences (including attached patios and balconies), defined as including more than one dwelling unit; Where is Smoking Prohibited cont'd In multi-unit residence common areas, such as halls, stairwells, paths, lobbies, laundry rooms, common cooking areas, outdoor eating areas, play areas, swimming pools, and parking areas. In most public places in the City, as of December 22,2016, smoking is prohibited: In most places of employment, including indoor and outdoor areas, such as businesses, construction sites, employee lounges and break rooms, conference and banquet rooms, bingo and gaming facilities, health facilities, warehouses, retail and wholesale tobacco shops, and child care facilities; a a No Smoking in Patio Area 2017-2018 San Mateo County Civil Grand Jury 28 ,tuL lorr tir ]oui-jliCle rrtloa- a Where is Smoking Prohibited cont'd In most public places, such as plazas, parking lots, malls, stadiums, parks, playgrounds, farmer's markets, and fairs; In service areas, such as ATMs, bank teller windows, ticket lines, bus stops, and cab stands; In9}Yo of all hotel and motel guest WHERE IS SMOKING ALLOWED? o Effective February 22,2018, smoking is allowed only in designated outdoor smoking areas that are at least 20' from operable doors or windows. DESIGNAIED SMOKING AREA As of December 22r2016, smoking is allowed: . In single family homes, rooms for rent in single family homes, and detached in-law units; In designated outdoor smoking areas that are at least 20' from operable doors or windows; Ifyou have any questions or ifyou have a smoking complaint please contact the following: Step 1: Tobacco Prevention Program San Mateo County Health System 310 Harbor Boulevard Belmont, CA94002 Tel: (650) 573-3777 Fax: (650) 802-6440 Email: tobaccoprevention@smcgov.org C0UNTYoFSAN MATEO HEALTH SYSTEM If your inquiry is not resolved: Step 2: Call Code Enforcement at (650) 616- 7074. Please leave your contact information so City staff can return your call and assist in resolving the issue. If the issue isn't resolved, the City may cite for an infraction ($100 fine), impose an administrative fine (starting at $100), or civil fines (starting at $250). Visit this website for helpful information and resources: htto: f/www.smchealth.orq fdrift inosmoke a a arooms. On streets, sidewalks, and other outdoor areas that are at least 20' from operable doors and windows or locations where smoking is prohibited, or if the person is actively moving to another destination. oNO SMOKING in this room 2017-2018 San Mateo County Civil Grand Jury 29 a '),,h, tfs ili A*'f \ APPENDIX E city of Brisbane Apartments, condos, & Town Homes Residences Are Going smoke Free! Smoking will be prohibited in: lndividual Units Balconies, Patios and Decks Gommon Area III rf Ir !ttt tlal tlIt Itta !ttl ttI! II !Iatlt Itlt TIIT illlrlr I I Brisbane Municipal code chapter 8.46 Enforceable June I ,2017 Contact Code Enforcement officer Moneda to report violations: (415) 508 -2172 m mo neda@ci. brisb ane. ca. u s Issued: July26,2018 2017-2018 San Mateo County Civil Grand Jury 30 tatt 1 STAFF REPORT AGENDA NO: MEETING DATE: October 15, 2018 To: Honorable Mayor and City Council Date: October 15, 2018 From: Lisa K. Goldman, City Manager – (650) 558-7243 Subject: Discussion of Burlingame Aquatic Center Pool Renovation RECOMMENDATION Discuss the Burlingame Aquatic Center pool renovation and provide feedback as appropriate. BACKGROUND In November 1997, the City and the San Mateo Union High School District (the District) entered into an agreement to jointly fund the construction and ongoing repair, improvements, and operations of a new 25-yard pool at Burlingame High School (BHS). The agreement included terms regarding scheduling of the facility, maintenance, record keeping, and the distribution of costs. In August 1999, after an anonymous donor agreed to provide funding to upgrade the 25- yard pool facility into a 50-meter pool, the City and the District approved a first amendment to the original agreement. The amended agreement expanded the hours that the facility (the Burlingame Aquatic Center) could be open and made various other changes. Between the time the pool opened (2000) and 2011, the City operated the community programs at the pool, including recreational swimming, lap swimming, swim lessons, and fitness classes, and managed the scheduling. In 2011, the City contracted with the Burlingame Aquatic Club (BAC) to operate these programs on the City’s behalf. BAC was already managing competitive programs in adult and youth swimming and water polo at the pool. In 2016, the City and the District approved a new pool agreement that extends the term by three years, to January 1, 2026, and covers how maintenance and operating expenses are split (the City pays 78%, while the District pays 22%), and how capital expenses are split (50-50 basis). The new agreement also includes language related to when the City has exclusive use of the pool and when the pool is to be shared with the District, and when the pool can be closed for annual maintenance and where BAC is to be relocated during closure periods. The new agreement includes as an exhibit a 2015 District-commissioned Aquatic Design Group facility audit of the aquatic center. The intent of the audit was to help the City and District jointly develop a capital replacement program. Among the items included in the five-year timeframe were removal and replacement of the pool deck and drainage and removal and replacement of the pool finish in the competition pool. Discussion of Burlingame Aquatic Center Renovation October 15, 2018 2 Earlier this year, the District undertook the renovation of the aquatic center; the project included removal and replacement of the deck, removal and replacement of the pool finish, and the replacement of the interior lights with LED fixtures. The entire project, which was to begin June 1 and be completed by September 21, had a projected budget of $1,902,659, with the City’s share $951,330. (The City originally budgeted $600,000 for its share of the project, prior to the bidding and approval of the construction contract.) Due to a variety of factors, including the need to re- bid the project and delays getting approvals from the Department of the State Architect, which approves school construction projects, demolition of the deck actually began on July 2. DISCUSSION In July, District staff notified City staff that the pool shell contained problems related to rebar and waterproofing, and that there were additional problems with the light fixtures and electrical work. The cost to make the repairs to the electrical exceeded the Public Contract Code limits that the District must follow, and the repair work needed to be formally bid, delaying any progress on the pool. Throughout August, the contractor uncovered additional problems with corrosion of the rebar at various locations, such as the lights, stairs, and floor inlets, and improper concrete coverage in many areas. (Per State Code, concrete coverage should extend at least three inches between the soil and the rebar to maintain structural integrity and at least three inches between the rebar and the pool shell to prevent water intrusion and subsequent corrosion. The current coverage is about one each on either side.) In early September, the District requested that its pool engineer produce an existing conditions report that highlighted the various challenges with the pool. The report, completed later in September, concluded that the pool shell is compromised and should be replaced, rather than repaired. City staff and District staff met on September 28 to discuss options for moving forward, both of which are included in the District’s attached PowerPoint presentation that the District Board will discuss at their October 11 Board meeting. Option 1: Repair One option is to repair the problems that have been identified. The District’s pool engineer believes that under this option, the pool shell could last up to 15 years. The pool engineer also believes that, under this scenario, the pool is likely to require major maintenance that will necessitate draining the pool and keeping it closed for several months at a time. At the end of ten or 15 years, the pool will need to be replaced. Under this option, the total cost to repair the pool shell and complete the rest of the work (electrical, additional demolition and reconstruction, warm-up pool improvements) is estimated at $2,538,406, and the pool is estimated to reopen in March 2019, barring no further unforeseen conditions or challenges with the weather. Under this option, the City would continue to be responsible for 50% of the costs, or $1,269,203. Prior to the discovery of the various problems with the pool shell, electrical, deck, etc., the City’s share was $951,330, which is half the total cost of the existing contract. Discussion of Burlingame Aquatic Center Renovation October 15, 2018 3 The District staff and their engineers and consultants are concerned that under this option, there will be additional maintenance costs and significant pool downtime as the pool shell steel continues to erode, and the new plaster dislodges. Under the District’s current estimates, a new pool shell will cost $11.9 million in ten years, or $19.2 million in 15 years. This cost will be on top of the $2.54 million spent now to bring the pool back online. Option 2: Complete reconstruction The second option involves completely reconstructing the pool shell. The scope of the project is listed on page 21 of the District’s attached presentation, while the budget is listed on page 22. The estimated cost of this option is $4,988,452, with completion in December 2019, barring delays. The cost includes both the pool shell replacement ($4,678,904) and add alternate modifications to the mechanical room ($482,001). The District and its engineers and consultants believe that the life of the pool shell will be extended to 50 years under this option, and that the new shell will require less maintenance than the repaired shell. Although there will be a long delay in reopening the pool (under the best case scenario, the construction will be completed in October 2019), there will be fewer shutdowns in the future, providing some stability to Burlingame High School and Burlingame Aquatic Club pool users and the community at large. The District staff is recommending that the District Board approve option 2. Although option 1 is less expensive in the short-term, the District staff believes that going against the engineer’s recommendation and repairing an 18-year old pool with known problems is not a good solution and is ultimately not cost-effective. Rebuilding the pool now will be significantly less expensive than waiting ten to 15 years. Importantly, the District staff is recommending to the District Board that the City’s share of the replacement costs be capped at $1,269,203, which is the amount the City would have to pay under option 1. The District Board will consider this recommendation on October 11. Because their meeting occurs after the Council’s packet is published, City staff will provide a verbal update on the Board’s decision at the Council’s October 15 meeting. Impact on Burlingame Aquatic Club Because construction was scheduled to begin at the Burlingame High School pool on June 1, BAC has been running its various programs at alternate pools since the end of May. They have provided programming at Capuchino and San Mateo High Schools, Mercy School, and the City of San Mateo’s King and Joinville pools. For a variety of reasons, financial and otherwise, the BAC board decided in September that it would cease Masters swimming and some other programs effective October 21, with the hope that the Burlingame pool would be available in early January. Unfortunately, the earliest the pool could be available is March, and that assumes that the District Board selects option 1, which is not their staff’s recommendation. The youth swim team and youth water polo teams are still practicing at alternate locations; all other programming (swim lessons, water aerobics, etc.) has been canceled. Discussion of Burlingame Aquatic Center Renovation October 15, 2018 4 City staff, District staff, and the BAC Executive Director met on October 9 to work out a schedule and pool space for the age group swim team, which is BAC’s most successful program. The challenge for all parties is that the students at the other high schools use those pools for physical education classes, water polo teams (fall season), and swim teams (spring season). The BHS swimmers and water polo players also need pool space. Since all of the other pools are smaller, with six to eight lanes vs. 20 lanes at BHS, fitting all of the groups in is a challenge and will remain so throughout the reconstruction project. Nevertheless, the District staff was very generous and collaborative in helping to develop a schedule that will enable BAC to continue running the age group swim team. FISCAL IMPACT Assuming the District Board accepts its staff’s recommendation, the City will be responsible for $1,269,203 of the total cost of the pool reconstruction. The City’s capital improvement budget already includes $600,000 as a placeholder. A budget amendment appropriating the remaining amount needed from the General Fund’s undesignated fund balance will be brought to the City Council for approval with the mid-year budget review. Exhibit: • District PowerPoint presentation Burlingame High School 50 Meter Swimming Pool Update and Recommendation SAN MATEO UNION HIGH SCHOOL DISTRICT 1 BACKGROUND •1997 the City of Burlingame and the District entered into an agreement to build and share a 25-yard pool at Burlingame High School. •1999 the City of Burlingame and the District amend the 1997 agreement to expand the swimming pool to 50 meters for the high school educational programs, athletic programs and recreational use •Pool was constructed in 1999 •Pool was completed in 2000 •Pool has been extensively used for 18 years •2012-2015 the City of Burlingame and the District entered into discussion to amend and update the 1999 agreement to address Burlingame Aquatic Club (BAC) management and use of the pool on behalf of the City of Burlingame and maintenance and repair issues. 2 BACKGROUND (cont’d) •May 2015 the District, with the support of the City retained Aquatic Design Group to conduct an independent audit of the condition of the pool . The purpose of the audit was to determine the facility needs and costs in the next 5, 10 and 20 year increments. •5 year (2020) projects included: •Removal and replace pool deck and drainage •Removal and replace pool finish at competition pool •June 2016 the City and the District entered into a comprehensive amended and restated agreement for the ongoing maintenance, repairs and use of the pool, including management by the BAC for City related use of the pool. •Amended and Restated Agreement allocated City share of maintenance and operation expense at 78% and approved capital expenses at 50%. •Term is set to expire January 1, 2026 3 BACKGROUND (cont’d) Since the 2016 Amended and Restated Agreement, staff from the District and the City of Burlingame experienced severe deteriorating conditions at the BHS pool including: •Large chunks of concrete sheered off the deck exposing steel rebar •The deck surface was rough and it had been repaired on numerous occasions •Rust was observed at the bottom of the Olympic swimming pool •Pool lights prematurely burned out due to water penetrating light receptacle •Both parties agreed under the 2016 Amended and Restated Agreement to correct the problems and worked collaboratively to establish schedule and options for minimizing impact to the users 4 ORIGINAL PROJECT SCOPE Pool Modernization Project •Replacement of pool deck (concrete around the swimming pool) •Replacement of plaster and tile at the competition pool •Misc. deck equipment •Electrical package replacement 5 ORIGINAL PROJECT BUDGET AND SCHEDULE Project Budget: $1,902,659 Timeline: •Construction drawings -August 11, 2017-January 14, 2018 •Submission to Division of the State Architect –January 15, 2018 •Division of the State Architect Approval –March 12, 2018 •Bid and Award -February 28 to April 19, 2018 •Notice to Proceed –May 4, 2018 •Construction Commence –June 1, 2018 •Target completion date –September 21, 2018 6 RENOVATION BUDGET Details include: •Electrical work $ 244,113 •Demo and reconstruction $ 132,181 (New plaster, new tile, skimmer work, main drain grates, and possibly new stairs) •Pending change order $ 150,000 (time plates, conduits, pool wall repairs, water stop repairs, new rebar repairs) •Future change orders $ 60,000 •New warm-up pool $ 49,453 Original budget $1,902,659 •Change Orders 586,294 •New warm up 49,453 Additional costs 635,747 (33.4%) Revised Project Budget $2,538,406 7 ACTUAL TIMELINE •Division of the State Architect Review -January 15 –June 19, 2018 •Bid 1 –April 10, 2018 o Bid rejected due to single bidder and being over budget •Bid 2 –May 16, 2018 o 3 contractors submitted bids •Division of the State Architect approval -June 19,2018 •Contractor mobilizes •Demolition began -July 1, 2018 •Deficiencies began being uncovered -July 10, 2018 •Electrical package part on hold and re-bid August 2018, separate contract award September 2018 for $197,400. 8 ACTUAL TIMELINE •Investigation and testing -July 30, 2018 to September 17, 2018 •Engineering report requested by the District September 4, 2018 •Construction placed on hold until the report was completed •Engineer submitted a report with his recommendation -September 19, 2018 •All hand meeting -September 28, 2018 •Project placed on hold -September 28, 2018 •Projected completion –March, 2019 FACTS AND FINDINGS Facts: •Pool shells constructed to industry standards should last 50 years •Pool structure steel (rebar) must be safeguarded, otherwise it will rust and erode, compromising the pool shell •3-4 inches of concrete should be in front of the rebar to protect from soil and 3-4 inches in front of the rebar to protect from chlorinated water Findings: •BHS swimming pool construction did not align with approved drawings •BHS Pool structure and surge tank do not comply with industry construction standards •10% of the pool shell has been penetrated and investigated, these areas required further mitigation. (90% has not been investigated) •Pool shell could last up to 15 years but it will require further maintenance and repairs •In 10 to 15 years the pool shell will need to be replaced 9 UNFORSEEN CONDITIONS Penetrations made into the pool shell revealed that it was not properly waterproofed •Expansion joint •Light niches •Steps •Water inlets Significant corrosion of reinforcing steel (rebar) discovered at all penetrations (10% of the pool, 90% unknown) Pool deck: •Deck concrete placed directly over electrical conduits •Reinforcing steel not properly positioned •Electrical junction boxes placed without footings •Deck at surge tank not installed per DSA approved plans 10 STRUCTURAL STEEL IMPROPERLY INSTALLED. IT SHOULD HAVE HAD 3-4 INCHES OF CONCRETE BETWEEN STEEL AND DIRT FOR PROPER WATER PROOFING, WATERSTOPS WERE NOT INSTALLED, 5 OF THE 64 FLOOR INLETS WERE UNCOVERED AND ALL SHOWED CORROSION, REQUIRING REPLACEMENT 11 CORROSION AT WALL STRUCTURE 12 CORROSION AT LIGHT NICHES 13 CORRODED AND SHALLOW REINFORCING, NO WATERSTOP 14 ENGINEER’S REPORT Progressive inspections: •Pool engineer site visit report 1: July 10, 2018 o City, District, CM Meeting onsite: July 19, 2018 •Pool engineer site visit report 2: July 25, 2018 •Pool engineer site visit report 3: July 31, 2018 o City, District, CM, Architect Meeting onsite: July 31, 2018 •Pool engineer site visit report 4: August 29, 2018 Concrete sampled and tested for compressive strength-July 30 through August 2, 2018. Rebar sampled and tested between July 30th through August 2nd Pool engineer conclusions and recommendation •Pool shell is compromised and should be replaced 15 OPTIONS TO FIX BHS SWIMMING POOL SHELL Option 1.-Continue make repairs to the existing swimming pool shell Option 2.-Replace compromised swimming pool shell 16 OPTIONS 1-REPAIR BHS SWIMMING POOL SHELL •Estimated cost:$2,538,406 •Completion:March 2019 •Pros o Timeline for completion is shorter if no further unforeseen conditions occur and weather permits o Less costs short term o Agreement with City for allocation of costs (50%) 17 OPTION 1.-REPAIR BHS SWIMMING POOL SHELL •Risks o Weather o Additional unforeseen conditions o Additional maintenance costs as the defective pool shell steel continues to erode the new plaster dislodges 4 days to drain the water Plaster in the shell will compromise when water is not in it o Maintenance downtime for BHS swim programs and BAC program when compromised pool shell requires maintenance o BAC financial solvency dependent upon robust membership who have continued access to functioning convenient swimming pool o New swimming shell cost $11.9M in 10 years, or $19.24M in 15 years, in addition to already spending $2.5M ($14.4M or $21.7) Assumes 10% construction escalation increase and no building code changes 18 OPTION 2. -REPLACE BHS SWIMMING POOL SHELL •Cost:$4,988,452 •Completion date:December 2019 •PROs o Extend life of pool shell by 50 years o Minimize maintenance expense to swimming pool shell o Less pool shut downs to BHS instructional and athletic programs and BAC swim programs o Address the problem at hand and provide the most long term cost effective solution 19 OPTION 2. -REPLACE BHS SWIMMING POOL SHELL •Risks: o Additional funds required o Termination for convenience will require payment to existing contractor of approximately $108,000 o Challenges to find pool time for both BHS swim programs and BAC swim programs o Division of the State Architect drawing approval o Weather 20 21 NEW POOL SCOPE •New swimming pool shell •New plaster and tile •New in pool lighting •New drains •New underground piping •New electrical infrastructure •New surge tank •New warm-up pool •New pool deck 22 NEW SWIMMING SHELL BUDGET •Construction budget $3,779,317 •Design contingency $ 188,965 •Construction contingency $ 396,828 •Architect fees $ 325,000 •Architect contingency $ 50,000 •Geotech and testing $ 41,794 •Division of the State Architect-Inspector of Record $ 72,000 •Testing lab $ 20,897 •Bid Advertisements $ 3,500 •Legal $ 10,000 •Division of the State Architect-fees $ 50,151 •Misc. expenses $ 50,000 Total Project Cost $4,988,452 23 TIMELINE-Normal •Terminate contract for convenience –October 2018 •Board approval evaluation of lease-leaseback project delivery – October 2018 •8 weeks design construction drawings –December 2018 •Board adopt resolution “best value” lease leaseback contractor – November 2018 •Submit construction drawings to DSA –December 2018 •Board award lease-leaseback contract to contractor –December 2018 •Advertise and bid project –January 2019 •Board authorizes guaranteed maximum price contract and awards project –May 2019 •DSA approval –May 2019 •Construction commence –June 2019 •Construction completion –December 2019 •Delay risk-weather and DSA approval 24 TIMELINE-BEST CASE SCENARIO •Terminate contract for convenience –October 2018 •Board approves evaluation of lease leaseback project delivery – October 2018 •Board adopt resolution using RFP “best value” contractor – November 2018 •8 weeks design construction drawings –December 2018 •Submit construction drawings to DSA –December 2018 •Board award lease leaseback contract to contractor –December 2018 •Advertise and bid project –January 2019 •DSA approval --February 2019 •Board authorizes guaranteed maximum price contract and awards project –March 2019 •Construction commence –April 2019 •Construction completion –October 2019 •Delay risk-weather and DSA approval 25 Option 2-TOTAL COSTS •Option 2 project cost $4,988,452 •Modernization Project Costs to date $851,655 •Termination for Convenience costs $108,000 •City of Burlingame 50% Option 1 Reimbursement ($1,269,203) •District pool shell replacement $4,678,904 •Additional District project cost $3,409,702 OPTION 2. ADD ALTERNATES Add modification to mechanical room $482,001 •Switch gear panel replacement because it has rusted due to being located chemical feeds •Install new filter system because the existing system has exceeded its lifecycle •Variable frequency drive •Replace chemical controller with automated CO2 chemical feed o Reduce solvents o Saves water o Reduces ACID o Eliminate delivery of liquid chlorine (semi truck) o Supports sustainability policy 26 DISTRICT FUNDING SOURCES-SHELL REPLACEMENT 27 BHS Aquatic Maintenance $951,329 District Deferred Maintenance $1,727,575 Measure M Bond Residual $2,000,000 $4,678,904 Funding source for add alternates: RDA $482,001 28 STAFF RECCOMENDATION •Option 2.-new BHS pool shell •Include add alternate •Authorize staff to terminate existing contact for convenience and negotiate claim amount •Authorize staff to collaborate with the Division of the State Architect to identify methods to accelerate design approval •Approve staff to use lease-leaseback as the delivery method to construct the new pool shell •Approve staff to gather all pool users to find a viable solution that minimizes the impact to the BHS swim programs and the BAC swim programs 1 STAFF REPORT AGENDA NO: MEETING DATE: October 15, 2018 To: Honorable Mayor and City Council Date: October 15, 2018 From: Syed Murtuza, Director of Public Works – (650) 558-7230 Subject: City Council Direction Regarding the Proposal to Increase the Parking Meter Time Limits and Consider Parking Meter Rate Changes on Broadway Between El Camino Real and California Drive RECOMMENDATION Staff recommends that the City Council review the proposal to increase the parking meter time limits and consider rate changes on Broadway between El Camino Real and California Drive and provide direction to staff. BACKGROUND The current metered parking inventory in the Broadway commercial area consists of a total of 285 parking spaces (excluding handicap spaces) between on-street parking and five nearby City parking lots. Of the 285 parking spaces in the Broadway commercial area, there are two dozen 24-minute parking spaces, 61 one-hour spaces, 160 two-hour spaces, and 40 long-term (nine and ten-hour) spaces. Parking on Broadway between El Camino Real and California Drive is comprised of 76 parking spaces, with a combination of 17 24-minute spaces, and 59 one-hour parking spaces. It should be noted that in addition to the above metered parking supply, the 1200 block of Capuchino and the 1100 and 1200 blocks of Paloma are part of the Residential Parking Permit Program, which provides two hours of free public parking and unrestricted residential permit parking. DISCUSSION The Broadway Business Improvement District (BID) recently requested that the City increase the parking time limits along Broadway between El Camino Real and California Drive from one hour to two hours based on feedback received from customers who felt that one hour was not enough time to patronize the restaurants and retail stores on Broadway. The existing time limits for the 24-minute spaces on Broadway, and the two-hour metered parking along Chula Vista Avenue, Paloma Avenue, Laguna Avenue, and Capuchino Avenue would remain unchanged. Please refer to the attached Broadway Commercial Parking Map for additional details. At the September 13, 2018 Traffic, Safety and Parking Commission (TSPC) meeting, the Commission discussed the Broadway BID’s proposal and received public input from residents City Council Direction Regarding the Proposal to Increase Parking Meter Time Limits October 15, 2018 and Consideration of Changes to Meter Rates on Broadway 2 and Broadway merchants in favor as well as in opposition to the increase in parking meter time limits from one hour to two hours on Broadway. Based on the overall input received, including email correspondence, 27 people supported keeping the one-hour parking on Broadway, while 25 people supported increasing the time limit to two hours. In addition, Broadway BID member John Kevranian spoke during public comment and indicated he had a petition signed by several businesses on Broadway in support of two-hour parking. Staff expressed concerns with increasing the parking limit duration without also changing meter rates as the change in duration could reduce turnover of the on-street spaces and adversely impact nearby residential areas. Staff recommended to the TSPC that if the parking time limits were increased, the City should also increase the meter rate from $0.50 per hour to $1.00 per hour to assist with turnover and to be consistent with parking meter rates in the Burlingame Avenue commercial district. In addition to promoting turnover, the rate increase would help discourage employee parking and reduce potential impacts to residential parking in the area due to patrons parking in the residential neighborhoods. It should be noted that Broadway hasn’t had a parking meter rate increase in over 15 years. After conducting extensive deliberations and considering feedback from the public, the TSPC voted three to one, with one absence, to recommend converting the 1100 and 1400 blocks of Broadway to a two-hour parking limit for a trial period from November 15, 2018 to July 1, 2019, with a parking study conducted before and during the trial period. The rationale to convert only two blocks of Broadway to a two-hour parking limit for the trial period was to allow the community to experience the impacts of the change in parking duration but still provide some one-hour spaces for turnover purposes. Any changes to the parking meter time limits and or rates will require revisions to the City’s Municipal Code (BMC), specifically BMC Chapters 13.36.030, 13.36.040, and 13.40.010. The change from a one-hour limit to a two-hour limit would be similar to the parking time limits along Burlingame Avenue. Traditionally, short-term parking has been located closer to the commercial area to generate vehicle turnover for the most convenient spaces for customers. Short-term parking typically has higher parking rates. Long-term parking is typically located farther from the commercial core and has lower rates to incentivize parking away from the core. Though the TSPC passed the motion as summarized above, members expressed concerns regarding confusion among patrons when trying to determine where the two-hour parking was located versus the one-hour parking, how enforcement would work, and when the study could begin as the City’s FY 2018-19 budget does not include funding for a parking study. Additionally, even if priorities were shifted in order to move forward with a parking study, the timing does not coincide with the schedule in the TSPC’s motion. Staff is supportive of a parking study as it would not only provide the means to formally measure the impacts, it would also allow stakeholders to see the how parking is affected area wide as opposed to just Broadway. It should be noted that it has been over 15 years since any formal comprehensive parking analysis has been completed along Broadway. Any recent review or discussion of the parking was limited to a brief review of inventory and meter rates. City Council Direction Regarding the Proposal to Increase Parking Meter Time Limits October 15, 2018 and Consideration of Changes to Meter Rates on Broadway 3 While staff is seeking City Council direction on how to proceed with regards to the TSPC’s recommendation, staff believes revised way-finding parking signage on Broadway to better direct drivers to the existing two-hour public parking lots will greatly help address some of the concerns raised by the Broadway BID. Staff is in the process of installing improved way-finding signage to help patrons easily find the two-hour parking areas. Staff will work closely with the Broadway BID leadership to monitor the results and help advise as to any further adjustments needed to the signage. In summary, staff is requesting City Council direction regarding the following: • Undertaking a parking study in the Broadway area to determine current supply and demand and ensure no negative consequences prior to considering changes to the parking limits; • Implementation of the two-hour parking limits only on the 1100 and 1400 blocks of Broadway while retaining the existing parking time limits elsewhere; • Consideration of changes to the existing parking meter rate on Broadway from 50 cents per hour to $1.00 per hour; and • Timing of undertaking the parking study and implementation of parking time limit changes given the significant workload already programmed in the current fiscal year, the existing backlog, and the lack of funding. FISCAL IMPACT Staff estimates the cost of a limited parking study would range from approximately $40,000 to $50,000. The Parking Study scope would include data collection, analysis of parking supply and demand, findings, and recommendations. The City’s FY 2018-2019 budget does not include funding for a parking study. Exhibits: • Parking Map of Broadway Commercial Area • Email Correspondence from Residents and Businesses • Broadway BID Petition from John K Kevranian 1 STAFF REPORT AGENDA NO: 10c MEETING DATE: October 15, 2018 To: Honorable Mayor and City Council Date: October 15, 2018 From: Carol Augustine, Finance Director – (650) 558-7222 Sonya Morrison, Human Resources Director – (650) 558-7209 Subject: Adoption of a Resolution Authorizing the City Manager to Execute an Agreement with Tyler Technologies, Inc. for the Munis® Enterprise Resource Planning (ERP) System and Implementation Services for the City of Burlingame RECOMMENDATION Staff recommends that the City Council authorize the City Manager to execute an agreement with Tyler Technologies, Inc. to provide Enterprise Resource Planning (ERP) System and Implementation Services for the City of Burlingame in the amount of $745,800. BACKGROUND The City’s (legacy) finance system, Rocket’s Universe Database Management System, was purchased in 1990 and has been utilized for budgeting, utility billing, business licenses, fixed assets, financials, payroll, and Human Resources. All development and support is currently performed in-house by Redwood City’s Information Technology staff under a joint service agreement. The development work is performed in PICK BASIC, an outdated software language that is becoming increasingly difficult to support. In addition, with the current system, both Redwood City and Burlingame are experiencing limitations in terms of financial, human resources, and utility billing functionality that have resulted in staff creating external work-arounds and reports. A more flexible and robust system is needed to accommodate new reporting requirements and a changing work environment. The City’s FY 2017-18 Capital Improvement Budget included an initial $200,000 appropriation for the “New Financial System” project, and staff set out to procure a system that is based on newer technology, provides a more user friendly experience, and includes improved features and functionality that support these changing needs. In January 2017, Burlingame’s Finance Department, in a joint effort with the City of Redwood City’s Finance Department, issued a Request for Proposals (RFP) for Finance System Replacement Project Management Services. After a careful review and scoring of the responses and interview results, City staff selected NexLevel Information Technology, Inc. (now SDI Presence, LLC) as the best qualified firm to assist the City in undertaking the development of an RFP for a replacement solution for the existing system, evaluating RFP responses, selecting the solution that best fits the City’s needs, and negotiating a contract with the successful vendor. The City Council approved the contract with SDI, which also includes implementation management services, in May 2017. ERP System Replacement and Implementation – Tyler Technologies October 15, 2018 2 With the assistance of SDI Presence, and with input from representatives from all departments, the City’s needs were assessed, and an RFP for Enterprise Resource Planning (ERP) System and Implementation Services was issued on March 19, 2018. Three proposals were submitted prior to the deadline date of April 26, 2018. Based on the proposals received, $500,000 was added to the New Financial System project in the Capital Improvement Budget for fiscal year 2018-19. DISCUSSION The City received three proposals, which were evaluated by a steering committee made up of representatives from the City’s various departments. The cost of one of the proposed solutions was found to be far in excess of the City’s anticipated budget. In June, staff asked the remaining two vendors to demonstrate the main features of their software solutions, and in July, Tyler Technologies, Inc. provided an extensive Proof of Capabilities (POC) of its proposed solution, Munis® ERP. The POCs are scripted scenarios of processes and desired functionality developed by staff to test the proposed system. Following a detailed agenda and scripts that were designed to demonstrate the system’s functionality and ability to meet the City’s specific needs without customizations, Tyler and the City walked through each of the software modules proposed, and discussed how the various modules would function, and how the software would store and share data and interface with third-party software currently in use. After a careful review and evaluation of the materials presented by Tyler, staff contacted current customers of Tyler Technologies using the Munis software, and received very positive feedback. Staff is confident in recommending the City enter into an agreement with Tyler Technologies for the licensing and implementation services associated with their Munis® system software. Tyler is considered to be the best supplier of the City’s ERP primarily due to: 1. Their focus on the public sector, with many clients located in California; 2. Overall ease of use of the software; 3. High level of customer support provided both during the installation process and after; 4. An extensive system users group, both nationally and regionally; 5. Modern functionality sought by staff including: online, real-time access to accounting transaction and supporting documents; electronic workflow and approval processes built into the software; 6. ExecuTime Software (timekeeping software) integrated and included in Human Capital Management modules; 7. Reporting tools that are easy to use for both the technical and non-technical staff; 8. File-based interfaces geared towards end users rather than IT staff; 9. Updates deployed over the life of the application with minimal disruption, integrating technological advances strategic enhancements, and legislative changes – the “Evergreen Philosophy” – assures that the City will always be operating on a fully- supported release. Tyler Technologies, Inc. (NYSE: TYL) is the leading provider of integrated software systems for the public sector. The Munis® ERP solutions proposed for the City of Burlingame are currently ERP System Replacement and Implementation – Tyler Technologies October 15, 2018 3 being used in over 1,500 public sectors entities across the US, including over 90 sites in California. Implementation Stages Tyler Technologies appears to be well-equipped to assist the City in the implementation of all the proposed modules, currently performing approximately 80-100 implementations each year from their headquarters in Plano, Texas, and their 25 national office locations. The Work Breakdown Structure (WBS) outlined in the Scope of Work, a component of the City’s agreement with Tyler, provides time-tested steps to successful implementation. The implementation of each set of modules follows six phases - from infrastructure planning, data conversion, mapping and validation, through testing, training, and production cutover. The final stage is City acceptance of the modules implemented. A description of the six stages of implementation begins on page 15 of the Scope of Work. Interfaces Munis® provides robust integration capabilities, with seamless integration between Tyler modules as well as an extensive network of third-party partnerships and solid integration import/export abilities. The only application programming interface (API) requested and included in Tyler’s proposal (under “Other Services”) is an interface between the Cartegraph software used by Public Works staff and the Utility Billing module. This is the only interface that requires a customized approach, as all other interfaces identified by staff are included in the standard product. Tyler will make modifications that will push Munis® Utility Billing work order information to Cartegraph to create a work request, and allow updates to be periodically posted to the Munis® data base. This modification was identified as a very advantageous feature and an improvement of current business practice to be included with the implementation of the ERP. Timeframe It is anticipated that the financials portion of the project (including such modules as Accounting/General Ledger, Accounts Payable and Purchasing, Budgeting, Capital Assets, and Cash Management) will be implemented first. While staff grows accustomed to the new functionality of the system, the Payroll, Human Resources, and Timekeeping modules, including Employee Self-Service (ESS) features, will be rolled out by January 2020. ESS allows employees to access and update their own personal information through a secure online web portal. Employees will also be able to view payroll information such as paycheck history and W -4 election details, view current benefits, make limited changes in their own demographic data, see leave balances up to date online, enter timecards, and request time off. The final phase of implementing consists of the new General Billing, Accounts Receivable, and Utility Billing software. These modules will improve how City invoices are created for miscellaneous charges, and how accounts for water and wastewater customers are maintained. Although Tyler also has a very robust and well-integrated Business License module, staff anticipates that the Accounts Receivable module will be adequate in maintaining this area. This third major portion of the ERP Implementation is scheduled to be completed by June 2020. ERP System Replacement and Implementation – Tyler Technologies October 15, 2018 4 Cost and Budget License fees for the Munis system modules to be deployed by the City are $255,190. Implementation costs comprise the majority of the one-time fees associated with the system, as shown in the chart below. On-site implementation and training costs, as well as associated travel expenses for Tyler’s project managers, are based on estimated personnel costs to complete each system module or interface implementation. The costs will be billed to the City only as incurred. This is a “not to exceed” agreement; charges will not exceed estimates as provided in the Investment Summary (Exhibit A of the agreement). While optional services are not included in the costs above, pricing CITY OF BURLINGAME, CA Tyler Munis ERP System License Fees Implementation Cost (including training) Data Conversion Hardware/ Equipment Total Financial Modules 92,325$ 61,440$ 20,000$ -$ 173,765$ Including General Ledgers, Budgeting, Accounts Payable, Capital Assets, Project & Grant Accounting, Purchasing, CAFR Builder, etc. Human Resources/Payroll 81,165 79,360 9,900 - 170,425 Including Human Resources & Talent Management, Recruiting, Payroll, Time & Attendance, etc. Revenue Modules 45,800 44,800 15,600 - 106,200 Including Accounts Receivable, General Billing, Utility Billing, Cashiering, etc. Productivity Modules 35,900 19,200 - - 55,100 Other Services - 121,300 - - 121,300 3rd Party Hardware, Software and Services 3,952 3,952 System Management Service - - - - - Sub-total Expenditures 255,190 326,100 45,500 3,952 630,742 Estimated Travel Expenses - 115,010 - - 115,010 Total Expenditures 255,190$ 441,110$ 45,500$ 3,952$ 745,752$ One-Time Fees ERP System Replacement and Implementation – Tyler Technologies October 15, 2018 5 for these services/products is valid for two years from the agreement. Any changes in scope will be negotiated separately with Tyler as the need occurs. Also per the Investment Summary, the cost of software maintenance is waived for the first year of the agreement, in recognition that the full implementation of the Munis® ERP solution is a multi- year project. However, future maintenance fees of the system will approximate $60,000 - $65,000 per year, as shown below. It should be noted that although the City will rely heavily on Redwood City IT staff during the installment, data conversion, and implementation processes, the new system is much more user-friendly, providing all required functionality “out of the box”. Once implementation is complete, no technical programming assistance will be needed, providing some cost savings on the current shared service contract with Redwood City and any future contracts for information technology services. Staffing Resources Replacing a large technology platform is a complex and difficult to manage undertaking, and the City’s Finance and Human Resource Departments are efficiently staffed to manage only regular daily operations. However, staff feel that the appropriate subject matter experts are in place, and the significant use of additional temporary staff is not anticipated at this time. Implementation of the new ERP is the highest priority for both departments for the next two years. The identification and development of improved business practices will add to the efficient use of staff resources in all departments well into the future. As such, this very staff-intensive process is sure to be a prudent investment in the City’s fiscal future. Staff will request any additional budget for increased personnel costs (temporary staff, overtime, and incentive pay) as the needs arise. CITY OF BURLINGAME, CA Tyler Munis ERP System Year 1 Year 2 Year 3 Year 4 Year 5 Financial Modules -$ 16,619$ 17,450$ 18,322$ 19,239$ Including General Ledgers, Budgeting, Accounts Payable, Capital Assets, Project & Grant Accounting, Purchasing, CAFR Builder, etc. Human Resources/Payroll - 15,291 16,056 16,858 17,701 Including Human Resources & Talent Management, Recruiting, Payroll, Time & Attendance, etc. Revenue Modules - 8,398 8,818 9,259 9,722 Including Accounts Receivable, General Billing, Utility Billing, Cashiering, etc. Productivity Modules - 6,612 6,943 7,290 7,654 Other Services 3rd Party Hardware, Software and Services System Management Service 11,730 11,730 12,317 12,932 13,579 Total Expenditures 11,730$ 58,650$ 61,583$ 64,662$ 67,895$ Recurring Fees for Support and Maintenance ERP System Replacement and Implementation – Tyler Technologies October 15, 2018 6 License and Service Agreement The draft license and service agreement attached to this staff report is still being finalized with Tyler, but is included to inform the reader of the products and services being procured from Tyler. Note that Exhibit A - Investment Summary, Exhibit E – Statement of Work, and Exhibit J – Integrations Exhibit are attached separately to this staff report. Exhibit H – Tyler’s proposal to the City’s RFP - is a very large document that contains some proprietary material. A copy is available in the City’s Finance Office. Exhibit I is the City’s RFP for Enterprise Resource Planning System and Implementation Services, issued March 19, 2018, available on the City’s web page. FISCAL IMPACT The total one-time cost of the Tyler Munis System (license and implementation) will be $745,800. The FY 2018-19 CIP budget includes $700,000 for the New Financial System project, but that budget needs to provide for the project consultant costs of approximately $164,000. Therefore, an additional $210,000 budget amendment will be requested at mid-year to provide full funding for the project. In addition, staff estimates that the additional IT hardware costs per the system specifications outlined in Tyler’s proposal will cost approximately $105,000. This cost was not initially anticipated in the City’s Information Technology Services fund (an internal services fund) budget for fiscal year 2018-19, so this funding will also be requested in the mid-year budget amendment. Exhibits: • Resolution of the City Council of the City of Burlingame Authorizing the City Manager to Execute an Agreement between the City of Burlingame and Tyler Technologies, Inc. for Software License and Professional Services associated with the installation and implementation of the Munis® ERP Solution. • License and Services Agreement between the City of Burlingame and Tyler Technologies, Inc. o Exhibit E – Statement of Work o Exhibit J – Integrations Exhibit 1 RESOLUTION NO. _________________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF BURLINGAME AND TYLER TECHNOLOGIES, INC. FOR THE MUNIS® ENTERPRISE RESOURCE PLANNING (ERP) SYSTEM AND IMPLEMENTATION SERVICES WHEREAS, the City’s current Finance System, which supports all finance and human resources functions, was purchased in 1990, utilizes an outdated software technology, and is increasingly difficult to maintain; and WHEREAS, with the assistance of a consultant with technical expertise in professional project management, City staff issued a Request for Proposals (RFP) for Enterprise Resource Planning (ERP) System and Implementation Services on March 19, 2018; and WHEREAS, the City received proposals from three firms meeting minimum qualifications, and evaluated them initially on the basis of the written proposals and then through follow-up questions, interviews, and reference checks; and WHEREAS, Tyler Technology, Inc. provided an extensive Proof of Capabilities (POC) to demonstrate the functionality and ability of the Munis® ERP to meet the City’s needs without customizations; and WHEREAS, Tyler Technology, Inc. has agreed to license the software and perform the services related to the Munis® ERP as outlined in the License and Services Agreement for the City at a cost not to exceed $745,752. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BURLINGAME DOES RESOLVE AND ORDER AS FOLLOWS: The City Manager is authorized to execute a Licenses and Services Agreement with Tyler Technologies, Inc. for the Munis® Enterprise Resource Planning Solution. ____________________________ Michael Brownrigg, Mayor I, MEAGAN HASSEL-SHEARER, City Clerk of the City of Burlingame, do certify that the foregoing Resolution was adopted at a regular meeting of the City Council held on the 15th day of October, 2018, and was adopted thereafter by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: _____________________________ Meaghan Hassel-Shearer, City Clerk 1 LICENSE AND SERVICES AGREEMENT This License and Services Agreement is made between Tyler Technologies, Inc. and Client. WHEREAS, Client selected Tyler to license the software products and perform the services set forth in the Investment Summary and Tyler desires to perform such actions under the terms of this Agreement; NOW THEREFORE, in consideration of the foregoing and of the mutual covenants and promises set forth in this Agreement, Tyler and Client agree as follows: SECTION A – DEFINITIONS • “Agreement” means this License and Services Agreement and its attached Exhibits A through and J. • “Business Travel Policy” means our business travel policy. A copy of our current Business Travel Policy is attached as Schedule 1 to Exhibit B. • “Client” means City of Burlingame, California, a California municipal corporation. • “Defect” means a failure of the Tyler Software to substantially conform to the functional descriptions set forth in Exhibit H and Exhibit J of this Agreement, or their functional equivalent. Future functionality may be updated, modified, or otherwise enhanced through our maintenance and support services, and the governing functional descriptions for such future functionality will be set forth in our then-current Documentation. • “Developer” means a third party who owns the intellectual property rights to Third Party Software. • “Documentation” means any online or written documentation related to the use or functionality of the Tyler Software that we provide or otherwise make available to you, including instructions, user guides, manuals and other training or self-help documentation. • “Effective Date” means the date on which your authorized representative signs the Agreement. • “Force Majeure” means an event beyond the reasonable control of you or us, including, without limitation, governmental action, war, riot or civil commotion, fire, natural disaster, or any other cause that could not with reasonable diligence be foreseen or prevented by you or us. • “Investment Summary” means the agreed upon cost proposal for the software, products, and services attached as Exhibit A. • “Invoicing and Payment Policy” means the invoicing and payment policy. A copy of our current Invoicing and Payment Policy is attached as Exhibit B. • “Maintenance and Support Agreement” means the terms and conditions governing the provision of maintenance and support services to all of our customers. A copy of our current Maintenance and Support Agreement is attached as Exhibit C. • “Statement of Work” means the industry standard implementation plan describing how our professional services will be provided to implement the Tyler Software, and outlining your and our roles and responsibilities in connection with that implementation. The Statement of Work is attached as Exhibit E. • “Support Call Process” means the support call process applicable to all of our customers who have licensed the Tyler Software. A copy of our current Support Call Process is attached as Schedule 1 to Exhibit C. 2 • “Third Party Terms” means, if any, the end user license agreement(s) or similar terms for the Third Party Software, as applicable and attached as Exhibit D. • “Third Party Hardware” means the third party hardware, if any, identified in the Investment Summary. • “Third Party Products” means the Third Party Software and Third Party Hardware. • “Third Party Software” means the third party software, if any, identified in the Investment Summary. • “Tyler” means Tyler Technologies, Inc., a Delaware corporation. • “Tyler Software” means our proprietary software, including any integrations, custom modifications, and/or other related interfaces identified in the Investment Summary and licensed by us to you through this Agreement. • “we”, “us”, “our” and similar terms mean Tyler. • “you” and similar terms mean Client. SECTION B – SOFTWARE LICENSE 1. License Grant and Restrictions. 1.1 We grant to you a license to use the Tyler Software for your internal business purposes only, in the scope of the internal business purposes disclosed to us as of the Effective Date. You may make copies of the Tyler Software for backup and testing purposes, so long as such copies are not used in production and the testing is for internal use only. Your rights to use the Tyler Software are perpetual but may be revoked if you do not comply with the terms of this Agreement. 1.2 The Documentation is licensed to you and may be used and copied by your employees for internal, non- commercial reference purposes only. 1.3 You may not: (a) transfer or assign the Tyler Software to a third party; (b) reverse engineer, decompile, or disassemble the Tyler Software; (c) rent, lease, lend, or provide commercial hosting services with the Tyler Software; or (d) publish or otherwise disclose the Tyler Software or Documentation to third parties. 1.4 The license terms in this Agreement apply to updates and enhancements we may provide to you or make available to you through your Maintenance and Support Agreement. 1.5 The right to transfer the Tyler Software to a replacement hardware system is included in your license. You will give us advance written notice of any such transfer and will pay us for any required or requested technical assistance from us associated with such transfer. 1.6 Where applicable with respect to our applications that take or process card payment data, we are responsible for the security of cardholder data that we possess, including functions relating to storing, processing, and transmitting of the cardholder data and affirm that, as of the Effective Date, we comply with applicable requirements to be considered PCI DSS compliant and have performed the necessary steps to validate compliance with the PCI DSS. We agree to supply the current status of our PCI DSS compliance program in the form of an official Attestation of Compliance, which can be found at https://www.tylertech.com/about-us/compliance, and in the event of any change in our status, will comply with applicable notice requirements. 1.7 We reserve all rights not expressly granted to you in this Agreement. The Tyler Software and Documentation are protected by copyright and other intellectual property laws and treaties. We own the title, copyright, and other intellectual property rights in the Tyler Software and the Documentation. 3 The Tyler Software is licensed, not sold. 2. License Fees. You agree to pay us the license fees in the amounts set forth in the Investment Summary. Those amounts are payable in accordance with our Invoicing and Payment Policy. 3. Escrow. We maintain an escrow agreement with a third party under which we place the source code for each major release of the Tyler Software. You may be added as a beneficiary to the escrow agreement by completing a standard beneficiary enrollment form and paying the annual beneficiary fee set forth in the Investment Summary. You will be responsible for maintaining your ongoing status as a beneficiary, including payment of the then-current annual beneficiary fees. Release of source code for the Tyler Software is strictly governed by the terms of the escrow agreement. 4. Limited Warranty. We warrant that the Tyler Software will be without Defect(s) as long as you have a Maintenance and Support Agreement in effect. If the Tyler Software does not perform as warranted, we will use all reasonable efforts, consistent with industry standards, to cure the Defect as set forth in the Maintenance and Support Agreement. SECTION C – PROFESSIONAL SERVICES 1. Services. We will provide you the various implementation-related services itemized in the Investment Summary and described in the Statement of Work. 2. Professional Services Fees. You agree to pay us the professional services fees in the amounts set forth in the Investment Summary. Those amounts are payable in accordance with our Invoicing and Payment Policy. We will not require additional services fees to complete the scope of services as indicated in this Agreement as of the Effective Date provided no change in scope and your timely fulfillment of your obligations under this Agreement, including your reasonable cooperation in scheduling project services. We will bill you the actual fees incurred based on the in-scope services provided to you. Any discrepancies in the total values set forth in the Investment Summary will be resolved by multiplying the applicable hourly rate by the quoted hours. 3. Additional Services. The Investment Summary contains, and the Statement of Work describes, the scope of services and related costs (including programming and/or interface estimates) required for the project based on our understanding of the specifications you supplied. If additional work is required, or if you use or request additional services, we will provide you with an addendum or change order, as applicable, outlining the costs for the additional work. The price quotes in the addendum or change order will be valid for thirty (30) days from the date of the quote. 4. Cancellation. We make all reasonable efforts to schedule our personnel for travel, including arranging travel reservations, at least two (2) weeks in advance of commitments. Therefore, if you cancel services less than two (2) weeks in advance (other than for Force Majeure or breach by us), you will be liable for all (a) non- refundable expenses incurred by us on your behalf, and (b) daily fees associated with cancelled professional services if we are unable to reassign our personnel. We will make all reasonable efforts to reassign personnel in the event you cancel within two (2) weeks of scheduled commitments. In the event you cancel with at least two (2) weeks’ advance notice, no charge or expense shall be due from you pursuant to this provision. 5. Services Warranty. We will perform the services in a professional manner, consistent with industry standards. In the event we provide services that do not conform to this warranty, we will re-perform such 4 services at no additional cost to you. 6. Personnel. Our personnel will have the experience and knowledge to perform the services reasonably required under this Agreement. We will use commercially reasonable efforts to maintain the consistency of assigned personnel. Any change in personnel initiated by Tyler shall come at no additional cost to the Client. 7. Site Access and Requirements. At no cost to us, you agree to provide us with full and free access to your personnel, facilities, and equipment as may be reasonably necessary for us to provide implementation services, subject to any reasonable security protocols or other written policies provided to us as of the Effective Date, and thereafter as mutually agreed to by you and us. You further agree to provide a reasonably suitable environment, location, and space for the installation of the Tyler Software and any Third Party Products, including, without limitation, sufficient electrical circuits, cables, and other reasonably necessary items required for the installation and operation of the Tyler Software and any Third Party Products. 8. Client Assistance. You acknowledge that the implementation of the Tyler Software is a cooperative process requiring the time and resources of your personnel. You agree to use all reasonable efforts to cooperate with and assist us as may be reasonably required to meet the agreed upon project deadlines and other milestones for implementation. This cooperation includes at least working with us to schedule the implementation-related services outlined in this Agreement. We will not be liable for failure to meet any deadlines and milestones when such failure is due to Force Majeure or to the failure by your personnel to provide such cooperation and assistance (either through action or omission). SECTION D – MAINTENANCE AND SUPPORT This Agreement includes the period of free maintenance and support services identified in the Invoicing and Payment Policy. If you have purchased ongoing maintenance and support services, and continue to make timely payments for them according to our Invoicing and Payment Policy, we will provide you with maintenance and support services for the Tyler Software under the terms of our standard Maintenance and Support Agreement. If you have opted not to purchase ongoing maintenance and support services for the Tyler Software, the Maintenance and Support Agreement does not apply to you. Instead, you will only receive ongoing maintenance and support on the Tyler Software on a time and materials basis. In addition, you will: (i) receive the lowest priority under our Support Call Process; (ii) be required to purchase new releases of the Tyler Software, including fixes, enhancements and patches; (iii) be charged our then-current rates for support services, or such other rates that we may consider necessary to account for your lack of ongoing training on the Tyler Software; (iv) be charged for a minimum of two (2) hours of support services for every support call; and (v) not be granted access to the support website for the Tyler Software or the Tyler Community Forum. SECTION E – THIRD PARTY PRODUCTS To the extent there are any Third Party Products set forth in the Investment Summary, the following terms and conditions will apply: 5 1. Third Party Hardware. We will sell, deliver, and install onsite the Third Party Hardware, if you have purchased any, for the price set forth in the Investment Summary. Those amounts are payable in accordance with our Invoicing and Payment Policy. 2. Third Party Software. Upon payment in full of the Third Party Software license fees, you will receive a non- transferable license to use the Third Party Software and related documentation for your internal business purposes only. Your license rights to the Third Party Software will be governed by the Third Party Terms. 2.1 We will install onsite the Third Party Software. The installation cost is included in the installation fee in the Investment Summary. 2.2 If the Developer charges a fee for future updates, releases, or other enhancements to the Third Party Software, you will be required to pay such additional future fee. 2.3 The right to transfer the Third Party Software to a replacement hardware system is governed by the Developer. You will give us advance written notice of any such transfer and will pay us for any required or requested technical assistance from us associated with such transfer. 3. Third Party Products Warranties. 3.1 We are authorized by each Developer to grant or transfer the licenses to the Third Party Software. 3.2 The Third Party Hardware will be new and unused, and upon payment in full, you will receive free and clear title to the Third Party Hardware. 3.3 You acknowledge that we are not the manufacturer of the Third Party Products. We do not warrant or guarantee the performance of the Third Party Products. However, we grant and pass through to you any warranty that we may receive from the Developer or supplier of the Third Party Products. 4. Maintenance. If you have a Maintenance and Support Agreement in effect, you may report defects and other issues related to the Third Party Software directly to us, and we will (a) directly address the defect or issue, to the extent it relates to our interface with the Third Party Software; and/or (b) facilitate resolution with the Developer, unless that Developer requires that you have a separate, direct maintenance agreement in effect with that Developer. In all events, if you do not have a Maintenance and Support Agreement in effect with us, you will be responsible for resolving defects and other issues related to the Third Party Software directly with the Developer. SECTION F – INVOICING AND PAYMENT; INVOICE DISPUTES 1. Invoicing and Payment. We will invoice you for all fees set forth in the Investment Summary per our Invoicing and Payment Policy, subject to Section F(2). 2. Invoice Disputes. If you believe any delivered software or service does not conform to the warranties in this Agreement, you will provide us with written notice within thirty (30) days of your receipt of the applicable invoice. The written notice must contain reasonable detail of the issues you contend are in dispute so that we can confirm the issue and respond to your notice with either a justification of the invoice, an adjustment to the invoice, or a proposal addressing the issues presented in your notice. We will work with you as may be necessary to develop an action plan that outlines reasonable steps to be taken by each of us to resolve any issues presented in your notice. You may withhold payment of the amount(s) actually in dispute, and 6 only those amounts, until we complete the action items outlined in the plan. If we are unable to complete the action items outlined in the action plan because of your failure to complete the items agreed to be done by you, then you will remit full payment of the invoice. We reserve the right to suspend delivery of all services, including maintenance and support services, if you fail to pay an invoice not disputed as described above within fifteen (15) days of notice of our intent to do so. SECTION G – TERMINATION 1. For Cause. If you believe we have materially breached this Agreement, you will invoke the Dispute Resolution clause set forth in Section I(3). Notwithstanding your invocation of the Dispute Resolution Process as required by this section or the status of those efforts, you may terminate this Agreement for cause in the event we do not cure, or create a mutually agreeable action plan to address, a material breach of this Agreement within the thirty (30) day window set forth in Section I(3). In the event of termination for cause, you will pay us for all undisputed fees and expenses related to the software, products, and/or services you have received, or we have incurred or delivered, prior to the effective date of termination. 2. Lack of Appropriations. If you should not appropriate or otherwise receive funds sufficient to purchase, lease, operate, or maintain the software or services set forth in this Agreement, you may unilaterally terminate this Agreement effective on the final day of the fiscal year through which you have funding. You will make every effort to give us at least thirty (30) days written notice prior to a termination for lack of appropriations. In the event of termination due to a lack of appropriations, you will pay us for all undisputed fees and expenses related to the software and/or services you have received, or we have incurred or delivered, prior to the effective date of termination. Any disputed fees and expenses must have been submitted to the Invoice Dispute process set forth in Section F(2) at the time of termination in order to be withheld at termination. You will not be entitled to a refund or offset of previously paid license and other fees. 3. Force Majeure. Neither party will be liable, you or we may terminate this Agreement if a Force Majeure event suspends performance of scheduled tasks for a period of forty-five (45) days or more. In the event of termination due to Force Majeure, you will pay us for all undisputed fees and expenses related to the software and/or services you have received, or we have incurred or delivered, prior to the effective date of termination. Any disputed fees and expenses must have been submitted to the Invoice Dispute process set forth in Section F(2) at the time of termination in order to be withheld at termination. You will not be entitled to a refund or offset of previously paid license and other fees. 4. For Convenience. You may terminate this Agreement for convenience with thirty (30) day advance written notice. In the event of termination for convenience, you will pay us for all fees and expenses related to the software, products, and/or services you have received, or we have incurred or delivered, prior to the effective date of termination. SECTION H – INDEMNIFICATION, LIMITATION OF LIABILITY AND INSURANCE 1. Intellectual Property Infringement Indemnification. 1.1 We will defend and hold you harmless against any third party claim(s) that the Tyler Software or Documentation infringes that third party’s patent, copyright, or trademark, or misappropriates its trade secrets, and will pay the amount of any resulting adverse final judgment (or settlement to which we consent). You must notify us promptly in writing of the claim and give us sole control over its defense 7 or settlement. You agree to provide us with reasonable assistance, cooperation, and information in defending the claim at our expense. 1.2 Our obligations under this Section H(1) will not apply to the extent the claim or adverse final judgment is based on your: (a) use of a previous version of the Tyler Software and the claim would have been avoided had you installed and used the current version of the Tyler Software, and we provided notice of that requirement to you; (b) combining the Tyler Software with any product or device not provided, contemplated, or approved by us; (c) altering or modifying the Tyler Software, including any modification by third parties at your direction or otherwise permitted by you; (d) use of the Tyler Software in contradiction of this Agreement, including with non-licensed third parties; or (e) willful infringement, including use of the Tyler Software after we notify you to discontinue use due to such a claim. 1.3 If we receive information concerning an infringement or misappropriation claim related to the Tyler Software, we may, at our expense and without obligation to do so, either: (a) procure for you the right to continue its use; (b) modify it to make it non-infringing; or (c) replace it with a functional equivalent, in which case you will stop running the allegedly infringing Tyler Software immediately. Alternatively, we may decide to litigate the claim to judgment, in which case you may continue to use the Tyler Software consistent with the terms of this Agreement. 1.4 If an infringement or misappropriation claim is fully litigated and your use of the Tyler Software is enjoined by a court of competent jurisdiction, in addition to paying any adverse final judgment (or settlement to which we consent), we will, at our option, either: (a) procure the right to continue its use; (b) modify it to make it non-infringing; (c) replace it with a functional equivalent; or (d) terminate your license and refund the license fees paid for the infringing Tyler Software, as depreciated on a straight- line basis measured over seven (7) years from the Effective Date. We will pursue those options in the order listed herein. This section provides your exclusive remedy for third party copyright, patent, or trademark infringement and trade secret misappropriation claims. 2. General Indemnification. 2.1 We will defend, indemnify, and hold harmless you and your agents, officials, and employees from and against any and all third-party claims, losses, liabilities, damages, costs, and expenses (including reasonable attorney's fees and costs) for (a) personal injury or property damage arising out of our negligence or willful misconduct; or (b) our violation of PCI DSS requirements or a law applicable to our performance under this Agreement. You must notify us promptly in writing of the claim and give us sole control over its defense or settlement. You agree to provide us with reasonable assistance, cooperation, and information in defending the claim at our expense. 2.2 To the extent permitted by applicable law, you will indemnify and hold harmless us and our agents, officials, and employees from and against any and all third-party claims, losses, liabilities, damages, costs, and expenses (including reasonable attorney's fees and costs) for personal injury or property damage to the extent caused by your negligence or willful misconduct; or (b) your violation of a law applicable to your performance under this Agreement. We will notify you promptly in writing of the claim and will give you sole control over its defense or settlement. We agree to provide you with reasonable assistance, cooperation, and information in defending the claim at your expense. 3. DISCLAIMER. EXCEPT FOR THE EXPRESS WARRANTIES PROVIDED IN THIS AGREEMENT AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL OTHER WARRANTIES 8 AND CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES, DUTIES, OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. 4. LIMITATION OF LIABILITY. EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THIS AGREEMENT, OUR LIABILITY FOR DAMAGES ARISING OUT OF THIS AGREEMENT, WHETHER BASED ON A THEORY OF CONTRACT OR TORT, INCLUDING NEGLIGENCE AND STRICT LIABILITY, SHALL BE LIMITED TO YOUR ACTUAL DIRECT DAMAGES, NOT TO EXCEED THE TOTAL ONE-TIME FEES SET FORTH IN THE INVESTMENT SUMMARY. THE PARTIES ACKNOWLEDGE AND AGREE THAT THE PRICES SET FORTH IN THIS AGREEMENT ARE SET IN RELIANCE UPON THIS LIMITATION OF LIABILITY AND TO THE MAXIMUM EXTENT ALLOWED UNDER APPLICABLE LAW, THE EXCLUSION OF CERTAIN DAMAGES, AND EACH SHALL APPLY REGARDLESS OF THE FAILURE OF AN ESSENTIAL PURPOSE OF ANY REMEDY. THE FOREGOING LIMITATION OF LIABILITY SHALL NOT APPLY TO CLAIMS THAT ARE SUBJECT TO SECTIONS H(1) AND H(2). 5. EXCLUSION OF CERTAIN DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 6. Insurance. Before commencing with any services or work under this Agreement and during the course of performing services under this Agreement, we agree to maintain the following levels of insurance: (a) Commercial General Liability of at least $1,000,000 per occurrence and $2,000,000 Aggregate; (b) Automobile Liability of at least $1,000,000; (c) Professional Liability of at least $1,000,000; (d) Workers Compensation complying with applicable statutory requirements and Employer’s Liability Insurance coverage of $1,000,000; and (e) Excess/Umbrella Liability of at least $5,000,000. We will add you as an additional insured to our Commercial General Liability and Automobile Liability policies, which will automatically add you as an additional insured to our Excess/Umbrella Liability policy as well. We will provide you with copies of certificates of insurance prior to commencing services under this Agreement and upon renewal of policies. 2.3 CGL and Auto coverages i. shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting there from, and damage to property resulting from activities contemplated under this Agreement, including the use of hired, owned and non-owned automobiles. Coverage shall be at least as broad as the latest edition of the Insurance Services Office Commercial General Liability occurrence form CG 0001 and Insurance Services Office Automobile Liability form CA 0001 (ed. 12/90) Code 1 (any auto). No endorsement shall be attached limiting the coverage. ii. Shall include endorsements indicating that City, its officers, employees, agents, and volunteers are to be covered as additional insured as respects each of the following: liability arising out of activities performed by or on behalf of Tyler, including the insured's general supervision of Tyler; products and completed operations of Tyler; premises owned, occupied or used by Tyler; or automobiles owned, leased, hired, or borrowed by Tyler. The coverage shall contain no special limitations on the scope of protection afforded to City, its officers, employees, agents, or volunteers. 2.4 Deductibles and Self-Insured Retentions. Tyler shall, upon request, disclose any self-insured retentions and deductibles before beginning any of the services or work called for by any term of this Agreement. 2.5 Notice of Reduction in Coverage. In the event that any coverage required under the Agreement is reduced, limited, or materially affected in any other manner, Tyler shall provide written notice to City at 9 Tyler's earliest possible opportunity and in no case later than five (5) days after Tyler is notified of the change in coverage. 2.6 Remedies. In addition to any other remedies City may have, if Tyler fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option: i. Order Tyler to stop work under this Agreement until Tyler demonstrates compliance with the requirements hereof; ii. Terminate this Agreement in accordance with its terms. iii. Exercise of any of the above remedies, however, is an alternative to other remedies City may have and is not the exclusive remedy for Tyler’s failure to maintain insurance or secure appropriate endorsements. SECTION I – GENERAL TERMS AND CONDITIONS 1. Additional Products and Services. You may purchase additional products and services at the rates set forth in the Investment Summary for twenty-four (24) months from the Effective Date, and thereafter at our then- current list price, by executing a mutually agreed addendum. If no rate is provided in the Investment Summary, or those twelve (12) months have expired, you may purchase additional products and services at our then-current list price, also by executing a mutually agreed addendum. The terms of this Agreement will control any such additional purchase(s), unless otherwise specifically provided in the addendum. 2. Optional Items. Pricing for any listed optional products and services in the Investment Summary will be valid for twenty-four (24) months from the Effective Date. 3. Dispute Resolution. You agree to provide us with written notice within thirty (30) days of becoming aware of a dispute. You agree to cooperate with us in trying to reasonably resolve all disputes, including, if requested by either party, appointing a senior representative to meet and engage in good faith negotiations with our appointed senior representative. Senior representatives will convene within thirty (30) days of the written dispute notice, unless otherwise agreed. All meetings and discussions between senior representatives will be deemed confidential settlement discussions not subject to disclosure under Federal Rule of Evidence 408 or any similar applicable state rule. If we fail to resolve the dispute, then the parties shall participate in non-binding mediation in an effort to resolve the dispute. If the dispute remains unresolved after mediation, then either of us may assert our respective rights and remedies in a court of competent jurisdiction serving San Mateo County. Nothing in this section shall prevent you or us from seeking necessary injunctive relief during the dispute resolution procedures. 4. Taxes. The fees in the Investment Summary do not include any taxes, including, without limitation, sales, use, or excise tax. If you are a tax-exempt entity, you agree to provide us with a tax-exempt certificate. Otherwise, we will pay all applicable taxes to the proper authorities and you will reimburse us for such taxes. If you have a valid direct-pay permit, you agree to provide us with a copy. For clarity, we are responsible for paying our income taxes, both federal and state, as applicable, arising from our performance of this Agreement. 5. Nondiscrimination. We will not discriminate against any person employed or applying for employment concerning the performance of our responsibilities under this Agreement. This discrimination prohibition will apply to all matters of initial employment, tenure, and terms of employment, or otherwise with respect 10 to any matter directly or indirectly relating to employment concerning race, color, religion, national origin, age, sex, sexual orientation, ancestry, disability that is unrelated to the individual's ability to perform the duties of a particular job or position, height, weight, marital status, political affiliation or any other category protected by applicable state or federal law applicable to this Agreement. We will post, where appropriate, all notices related to nondiscrimination as may be required by applicable law. 6. E-Verify. We have complied, and will comply, with the E-Verify procedures administered by the U.S. Citizenship and Immigration Services Verification Division for all of our employees assigned to your project. 7. Subcontractors. We will not subcontract any services under this Agreement without your prior written consent, not to be unreasonably withheld. 8. Binding Effect; No Assignment. This Agreement shall be binding on, and shall be for the benefit of, either your or our successor(s) or permitted assign(s). Neither party may assign this Agreement without the prior written consent of the other party; provided, however, your consent is not required for an assignment by us as a result of a corporate reorganization, merger, acquisition, or purchase of substantially all of our assets. 9. Force Majeure. Except for your payment obligations, neither party will be liable for delays in performing its obligations under this Agreement to the extent that the delay is caused by Force Majeure; provided, however, that within ten (10) business days of the Force Majeure event, the party whose performance is delayed provides the other party with written notice explaining the cause and extent thereof, as well as a request for a reasonable time extension equal to the estimated duration of the Force Majeure event. 10. No Intended Third Party Beneficiaries. This Agreement is entered into solely for the benefit of you and us. No third party will be deemed a beneficiary of this Agreement, and no third party will have the right to make any claim or assert any right under this Agreement. This provision does not affect the rights of third parties under any Third Party Terms. 11. Entire Agreement; Amendment. This Agreement represents the entire agreement between you and us with respect to the subject matter hereof, and supersedes any prior agreements, understandings, and representations, whether written, oral, expressed, implied, or statutory. Purchase orders submitted by you, if any, are for your internal administrative purposes only, and the terms and conditions contained in those purchase orders will have no force or effect. This Agreement may only be modified by a written amendment signed by an authorized representative of each party. 12. Severability. If any term or provision of this Agreement is held invalid or unenforceable, the remainder of this Agreement will be considered valid and enforceable to the fullest extent permitted by law. 13. No Waiver. In the event that the terms and conditions of this Agreement are not strictly enforced by either party, such non-enforcement will not act as or be deemed to act as a waiver or modification of this Agreement, nor will such non-enforcement prevent such party from enforcing each and every term of this Agreement thereafter. 14. Independent Contractor. We are an independent contractor for all purposes under this Agreement. 15. Notices. All notices or communications required or permitted as a part of this Agreement, such as notice of an alleged material breach for a termination for cause or a dispute that must be submitted to dispute resolution, must be in writing and will be deemed delivered upon the earlier of the following: (a) actual receipt by the receiving party; (b) upon receipt by sender of a certified mail, return receipt signed by an employee or agent of the receiving party; (c) upon receipt by sender of proof of email delivery; (d) 11 transmitting such notice by means of Federal Express or similar overnight commercial courier (“Courier”), postage paid and addressed to the other at its street address set forth below; or (e) if not actually received, five (5) days after deposit with the United States Postal Service authorized mail center with proper postage (certified mail, return receipt requested) affixed and addressed to the other party at the address set forth on the signature page hereto or such other address as the party may have designated by proper notice. Either party may, by written notice, change the address to which notices addressed to it shall thereafter be sent. The consequences for the failure to receive a notice due to improper notification by the intended receiving party of a change in address will be borne by the intended receiving party. Any notice given by Courier shall be deemed given on the date shown on the receipt for acceptance or rejection of the notice. 16. Client Lists. You agree that we may identify you by name in client lists. We may identify you by name in marketing presentations and promotional materials only after obtaining your advance written consent. 17. Confidentiality. Both parties recognize that their respective employees and agents, in the course of performance of this Agreement, may be exposed to confidential information and that disclosure of such information could violate rights to private individuals and entities, including the parties. Confidential information is nonpublic information that a reasonable person would believe to be confidential and includes, without limitation, personal identifying information (e.g., social security numbers) and trade secrets, each as defined by applicable state law. Each party agrees that it will not disclose any confidential information of the other party and further agrees to take all reasonable and appropriate action to prevent such disclosure by its employees or agents. The confidentiality covenants contained herein will survive the termination or cancellation of this Agreement. This obligation of confidentiality will not apply to information that: (a) is in the public domain, either at the time of disclosure or afterwards, except by breach of this Agreement by a party or its employees or agents; (b) a party can establish by reasonable proof was in that party's possession at the time of initial disclosure; (c) a party receives from a third party who has a right to disclose it to the receiving party; or (d) is the subject of a legitimate disclosure request under the California Public Records Act or similar applicable public disclosure laws governing this Agreement; provided, however, that in the event you receive an open records or other similar applicable request, you will give us prompt notice and otherwise perform the functions required by applicable law. 18. Business Licenses. If a license or registration of any kind is required of Consultant, its employees, agents, or subcontractors by law, Consultant warrants that such license has been obtained, is valid and in good standing, and Consultant shall keep it in effect at all times during the term of this Agreement 19. Governing Law & Compliance with Laws. This Agreement will be governed by and construed in accordance with the laws of the State of California, without regard to its rules on conflicts of law. Venue shall be in a state or federal court of competent jurisdiction in San Mateo County. In the performance of this Agreement, Tyler shall abide by and conform to any and all applicable laws of the United States and the State of California. Further, we agree to comply with all applicable ordinances of the City, along with applicable regulations and policies of the City, disclosed to us prior to execution of the Agreement and specifically incorporated into this Agreement. Consultant warrants that all work done under this Agreement will be in compliance with all applicable safety rules, laws, statutes, and practices, including but not limited to Cal/OSHA regulations. 12 20. Multiple Originals and Authorized Signatures. This Agreement may be executed in multiple originals, any of which will be independently treated as an original document. Any electronic, faxed, scanned, photocopied, or similarly reproduced signature on this Agreement or any amendment hereto will be deemed an original signature and will be fully enforceable as if an original signature. Each party represents to the other that the signatory set forth below is duly authorized to bind that party to this Agreement. 21. Cooperative Procurement. To the maximum extent permitted by applicable law, we agree that this Agreement may be used as a cooperative procurement vehicle by eligible jurisdictions. We reserve the right to negotiate and customize the terms and conditions set forth herein, including but not limited to pricing, to the scope and circumstances of that cooperative procurement. 22. Conflict of Interest. Tyler warrants and covenants that Tyler presently has no interest in, nor shall any interest be hereinafter acquired in, any matter which will render the services required under the provisions of this Agreement a violation of any applicable state, local, or federal law. In the event that any conflict of interest should nevertheless hereinafter arise, Tyler shall promptly notify Client of the existence of such conflict of interest so that the Client may determine whether to terminate this Agreement. Tyler further warrants its compliance with the Political Reform Act (Government Code § 81000 et seq.) respecting this Agreement. 23. Capacity of Parties. Each signatory and party hereto warrants and represents to the other party that it has all legal authority and capacity to enter into this Agreement and that all necessary actions have been taken so as to enable it to enter into this Agreement. 24. Contract Documents & Order of Precedence. This Agreement includes the following exhibits: Exhibit A Investment Summary Exhibit B Invoicing and Payment Policy Schedule 1: Business Travel Policy Exhibit C Maintenance and Support Agreement Schedule 1: Support Call Process Exhibit D Third Party Terms - DocOrigin End User License Agreement Exhibit E Statement of Work Exhibit F Tyler Systems Management (“TSM”) Agreement Exhibit G Software Modifications Exhibit H Tyler Proposal, dated April 26, 2018, in response to Client RFP (hereafter, Tyler Proposal”) Exhibit I Client Request for Proposal for Enterprise Resource Planning System and Implementation Services, Issued March 19, 2018 (Client “RFP”) Exhibit J Integrations Exhibit If there is a conflict between terms within this Agreement, the following order of precedence applies: b. Sections A-I of this Agreement and Exhibits A-G & J c. Exhibit H (Tyler Proposal) d. Exhibit I (Client RFP) IN WITNESS WHEREOF, a duly authorized representative of each party has executed this Agreement as of the date(s) set forth below. 13 Tyler Technologies, Inc. City of Burlingame By: By: Name: Name: Lisa Goldman Title: Title: City Manager Date: Date: Federal Employee Number: Attest: Name: Meaghan Hassel-Shearer Title: City Clerk Date: Approved as to Form: Kathleen Kane City Attorney Address for Notices: Address for Notices: Tyler Technologies, Inc. City of Burlingame One Tyler Drive 501 Primrose Road Yarmouth, ME 04096 Burlingame, CA 94010-3997 Attention: Chief Legal Officer Attention: 14 Exhibit A Investment Summary The following Investment Summary details the software, products, and services to be delivered by us to you under the Agreement. This Investment Summary is effective as of the Effective Date. Capitalized terms not otherwise defined will have the meaning assigned to such terms in the Agreement. TO BE INSERTED 15 Exhibit B Invoicing and Payment Policy We will provide you with the software and services set forth in the Investment Summary. Capitalized terms not otherwise defined will have the meaning assigned to such terms in the Agreement. Invoicing: We will invoice you for the applicable license and services fees in the Investment Summary as set forth below. Your rights to dispute any invoice are set forth in the Agreement. All invoices submitted by Tyler shall contain sufficient information to determine whether the amount deemed due and payable is accurate. In accordance with this Agreement, invoices shall include a brief description of services performed, the date services were performed and by whom, and applicable travel costs incurred. 1. Tyler Software. 1.1 License Fees: License fees are invoiced as follows: (a) 25% on the Effective Date; (b) 50% on the date when we make the applicable Tyler Software available to you for downloading (the “Available Download Date”); and (c) 25% of fees, by phase*, upon the earlier of (i) use of the Tyler Software in the “Production/Live” environment or (ii) The “Go-Live” date of the phase as indicated in Section 1.2 of the Statement of Work as of the Effective Date**.; * Phase designations are indicated in the SOW. Any application appearing in multiple phases will be treated as occurring in the earliest phase for the purposes of these payment terms. ** Any payment due pursuant to Section 1.1(c) may be delayed if the Go-Live date for the phase is delayed due solely to Tyler’s failure to perform. The payment delay shall be equal in time to the delay so caused by Tyler. 1.2 Maintenance and Support Fees: Year 1 maintenance and support fees are waived through one (1) year from the Effective Date. Subsequent maintenance and support fees are invoiced annually in advance of each anniversary thereof. Your fees for each subsequent year will be set at our then- current rates. The foregoing notwithstanding, Tyler will not increase annual maintenance and support fees by more than the following percentages: Year 2: 0% over year one annual maintenance and support fee; Year 3: 5% over year two annual maintenance and support fee; Year 4: 5% over year three annual maintenance and support fee; and Year 5: 5% over year four annual maintenance and support fee; 2. Professional Services. 2.1 Implementation and Other Professional Services (including training): Implementation and other professional services (including training) are billed and invoiced as delivered, at the rates set forth in the Investment Summary. The foregoing notwithstanding, and on a phase by phase basis, Tyler shall delay invoicing for 10% of the fee for implementation services itemized in the Investment Summary as of the Effective Date and delivered to the Client (for the purposes of this provision, the 16 “Retention”), with such Retention to be invoiced upon the live Go-Live Date of the applicable phase. In the event Client delays the Go-Live Date of a phase and such delay is not caused solely by Tyler’s failure to perform its obligations pursuant to this Agreement, Tyler shall be permitted to invoice the Retention upon the originally agreed Go-Live Date. 2.2 Consulting Services: If you have purchased any Business Process Consulting services, if they have been quoted as fixed-fee services, they will be invoiced 50% upon delivery of the Best Practice Recommendations, by module, and 50% upon delivery of custom desktop procedures, by module. If you have purchased any Business Process Consulting services and they are quoted as an estimate, then we will bill you the actual services delivered on a time and materials basis. 2.3 Conversions: Fixed-fee conversions are invoiced 50% upon initial delivery of the converted data, by conversion option, and 50% upon Client acceptance to load the converted data into Live/Production environment, by conversion option. Where conversions are quoted as estimated, we will bill you the actual services delivered on a time and materials basis. 2.4 Requested Modifications to the Tyler Software: Requested modifications to the Tyler Software are invoiced 50% upon delivery of specifications and 50% upon delivery of the applicable modification. You must report any failure of the modification to conform to the specifications within thirty (30) days of delivery; otherwise, the modification will be deemed to be in compliance with the specifications after the 30-day window has passed. You may still report Defects to us as set forth in the Maintenance and Support Agreement. 2.5 Other Fixed Price Services: Except as otherwise provided, other fixed price services are invoiced upon complete delivery of the service. For the avoidance of doubt, where “Project Planning Services” are provided, payment will be due upon delivery of the Implementation Planning document. Dedicated Project Management services, if any, will be billed monthly in arrears, beginning on the first day of the month immediately following initiation of project planning. 3. Other Services and Fees. 3.1 Systems Management: Systems Management Services are invoiced on the Available Download Date. Systems Management Services will renew automatically for additional one (1) year terms at our then-current Systems Management Services fee, unless terminated in writing by either party at least thirty (30) days prior to the end of the then-current term. 4. Third Party Products. 4.1 Third Party Software License Fees: License fees for Third Party Software, if any, are invoiced when we make it available to you for downloading. 4.2 Third Party Software Maintenance: The first year maintenance fees for the Third Party Software, if any, is invoiced when we make that Third Party Software available to you for downloading. 4.3 Third Party Hardware: Third Party Hardware costs, if any, are invoiced upon delivery. 5. Expenses. The service rates in the Investment Summary do not include travel expenses. Expenses will 17 be billed as incurred and only in accordance with our then-current Business Travel Policy. Our current Business Travel Policy is attached to this Exhibit B at Schedule 1. Copies of receipts will be provided upon request at no charge. Payment. Payment for undisputed invoices is due within forty-five (45) days of the invoice date. We prefer to receive payments electronically. Our electronic payment information is: Bank: Wells Fargo Bank, N.A. 420 Montgomery San Francisco, CA 94104 ABA: 121000248 Account: 4124302472 Beneficiary: Tyler Technologies, Inc. – Operating 18 Exhibit B Schedule 1 Business Travel Policy 1. Air Travel A. Reservations & Tickets Tyler’s Travel Management Company (TMC) will provide an employee with a direct flight within two hours before or after the requested departure time, assuming that flight does not add more than three hours to the employee’s total trip duration and the fare is within $100 (each way) of the lowest logical fare. If a net savings of $200 or more (each way) is possible through a connecting flight that is within two hours before or after the requested departure time and that does not add more than three hours to the employee’s total trip duration, the connecting flight should be accepted. Employees are encouraged to make advanced reservations to take full advantage of discount opportunities. Employees should use all reasonable efforts to make travel arrangements at least two (2) weeks in advance of commitments. A seven (7) day advance booking requirement is mandatory. When booking less than seven (7) days in advance, management approval will be required. Except in the case of international travel where a segment of continuous air travel is six (6) or more consecutive hours in length, only economy or coach class seating is reimbursable. Employees shall not be reimbursed for “Basic Economy Fares” because these fares are non-refundable and have many restrictions that outweigh the cost-savings. B. Baggage Fees Reimbursement of personal baggage charges are based on trip duration as follows: • Up to five (5) days = one (1) checked bag • Six (6) or more days = two (2) checked bags Baggage fees for sports equipment are not reimbursable. 19 2. Ground Transportation A. Private Automobile Mileage Allowance – Business use of an employee’s private automobile will be reimbursed at the current IRS allowable rate, plus out of pocket costs for tolls and parking. Mileage will be calculated by using the employee's office as the starting and ending point, in compliance with IRS regulations. Employees who have been designated a home office should calculate miles from their home. B. Rental Car Employees are authorized to rent cars only in conjunction with air travel when cost, convenience, and the specific situation reasonably require their use. When renting a car for Tyler business, employees should select a “mid-size” or “intermediate” car. “Full” size cars may be rented when three or more employees are traveling together. Tyler carries leased vehicle coverage for business car rentals; except for employees traveling to Alaska and internationally (excluding Canada), additional insurance on the rental agreement should be declined. C. Public Transportation Taxi or airport limousine services may be considered when traveling in and around cities or to and from airports when less expensive means of transportation are unavailable or impractical. The actual fare plus a reasonable tip (15-18%) are reimbursable. In the case of a free hotel shuttle to the airport, tips are included in the per diem rates and will not be reimbursed separately. D. Parking & Tolls When parking at the airport, employees must use longer term parking areas that are measured in days as opposed to hours. Park and fly options located near some airports may also be used. For extended trips that would result in excessive parking charges, public transportation to/from the airport should be considered. Tolls will be reimbursed when receipts are presented. 3. Lodging Tyler’s TMC will select hotel chains that are well established, reasonable in price, and conveniently located in relation to the traveler's work assignment. Typical hotel chains include Courtyard, Fairfield Inn, Hampton Inn, and Holiday Inn Express. If the employee has a discount rate with a local hotel, the hotel reservation should note that discount and the employee should confirm the lower rate with the hotel upon arrival. Employee memberships in travel clubs such as AAA should be noted in their travel profiles so that the employee can take advantage of any lower club rates. “No shows” or cancellation fees are not reimbursable if the employee does not comply with the hotel’s cancellation policy. Tips for maids and other hotel staff are included in the per diem rate and are not reimbursed separately. 20 Employees are not authorized to reserve non-traditional short-term lodging, such as Airbnb, VRBO, and HomeAway. Employees who elect to make such reservations shall not be reimbursed. 4. Meals and Incidental Expenses Employee meals and incidental expenses while on travel status within the continental U.S. are in accordance with the federal per diem rates published by the General Services Administration. Incidental expenses include tips to maids, hotel staff, and shuttle drivers and other minor travel expenses. Per diem rates are available at www.gsa.gov/perdiem. Per diem for Alaska, Hawaii, U.S. protectorates and international destinations are provided separately by the Department of Defense and will be determined as required. A. Overnight Travel For each full day of travel, all three meals are reimbursable. Per diems on the first and last day of a trip are governed as set forth below. Departure Day Depart before 12:00 noon Lunch and dinner Depart after 12:00 noon Return Day Dinner Return before 12:00 noon Breakfast Return between 12:00 noon & 7:00 p.m. Breakfast and lunch Return after 7:00 p.m.* Breakfast, lunch and dinner *7:00 p.m. is defined as direct travel time and does not include time taken to stop for dinner. The reimbursement rates for individual meals are calculated as a percentage of the full day per diem as follows: Breakfast 15% Lunch 25% Dinner 60% B. Same Day Travel Employees traveling at least 100 miles to a site and returning in the same day are eligible to claim lunch on an expense report. Employees on same day travel status are eligible to claim dinner in the event they return home after 7:00 p.m.* *7:00 p.m. is defined as direct travel time and does not include time taken to stop for dinner. 21 5. Internet Access – Hotels and Airports Employees who travel may need to access their e-mail at night. Many hotels provide free high speed internet access and Tyler employees are encouraged to use such hotels whenever possible. If an employee’s hotel charges for internet access it is reimbursable up to $10.00 per day. Charges for internet access at airports are not reimbursable. 6. International Travel All international flights with the exception of flights between the U.S. and Canada should be reserved through TMC using the “lowest practical coach fare” with the exception of flights that are six (6) or more consecutive hours in length. In such event, the next available seating class above coach shall be reimbursed. When required to travel internationally for business, employees shall be reimbursed for photo fees, application fees, and execution fees when obtaining a new passport book, but fees related to passport renewals are not reimbursable. Visa application and legal fees, entry taxes and departure taxes are reimbursable. The cost of vaccinations that are either required for travel to specific countries or suggested by the U.S. Department of Health & Human Services for travel to specific countries, is reimbursable. Section 4, Meals & Incidental Expenses, and Section 2.b., Rental Car, shall apply to this section. 22 Exhibit C Maintenance and Support Policy We will provide you with the following maintenance and support services for the Tyler Software. Capitalized terms not otherwise defined will have the meaning assigned to such terms in the Agreement. 1. Term. We provide maintenance and support services on an annual basis. The initial term commences on the Effective Date, and remains in effect for one (1) year. The term will renew automatically for additional one (1) year terms unless terminated in writing by either party at least thirty (30) days prior to the end of the then-current term. We will adjust the term to match your first use of the Tyler Software in live production if that event precedes the one (1) year anniversary of the Effective Date. 2. Maintenance and Support Fees. Your year 1 maintenance and support fees for the Tyler Software are listed in the Investment Summary, and your payment obligations are set forth in the Invoicing and Payment Policy. We reserve the right to suspend maintenance and support services if you fail to pay undisputed maintenance and support fees within thirty (30) days of our written notice. We will reinstate maintenance and support services only if you pay all past due maintenance and support fees, including all fees for the periods during which services were suspended. 3. Maintenance and Support Services. As long as you are not using the Help Desk as a substitute for our training services on the Tyler Software, and you timely pay your maintenance and support fees, we will, consistent with our then-current Support Call Process: 3.1 perform our maintenance and support obligations in a professional, good manner, consistent with industry standards, to resolve Defects in the Tyler Software (limited to the then-current version and the immediately prior version); provided, however, that if you modify the Tyler Software without our consent, our obligation to provide maintenance and support services on and warrant the Tyler Software will be void; 3.2 provide telephone support during our established support hours; 3.3 maintain personnel that are sufficiently trained to be familiar with the Tyler Software and Third Party Software, if any, in order to provide maintenance and support services; 3.4 provide you with a copy of all major and minor releases to the Tyler Software (including updates and enhancements) that we make generally available without additional charge to customers who have a maintenance and support agreement in effect; and 3.5 provide non-Defect resolution support of prior releases of the Tyler Software in accordance with our then-current release life cycle policy. 4. Client Responsibilities. We will use all reasonable efforts to perform any maintenance and support services 23 remotely. Currently, we use a third-party secure unattended connectivity tool called Bomgar, as well as GotoAssist by Citrix. Therefore, you agree to maintain a high-speed internet connection capable of connecting us to your PCs and server(s). You agree to provide us with a login account and local administrative privileges as we may reasonably require to perform remote services. We will, at our option, use the secure connection to assist with proper diagnosis and resolution, subject to any reasonably applicable security protocols. If we cannot resolve a support issue remotely, we may be required to provide onsite services. In such event, we will be responsible for our travel expenses, unless it is determined that the reason onsite support was required was a reason outside our control. Either way, you agree to provide us with full and free access to the Tyler Software, working space, adequate facilities within a reasonable distance from the equipment, and use of machines, attachments, features, or other equipment reasonably necessary for us to provide the maintenance and support services, all at no charge to us. We strongly recommend that you also maintain a VPN for backup connectivity purposes. 5. Hardware and Other Systems. If you are a self-hosted customer and, in the process of diagnosing a software support issue, it is discovered that one of your peripheral systems or other software is the cause of the issue, we will notify you so that you may contact the support agency for that peripheral system. We cannot support or maintain Third Party Products except as expressly set forth in the Agreement. In order for us to provide the highest level of software support, you bear the following responsibility related to hardware and software: (a) All infrastructure executing Tyler Software shall be managed by you; (b) You will maintain support contracts for all non-Tyler software associated with Tyler Software (including operating systems and database management systems, but excluding Third-Party Software, if any); and (c) You will perform daily database backups and verify that those backups are successful. 6. Other Excluded Services. Maintenance and support fees do not include fees for the following services, unless such services are covered by a separate agreement between Tyler and Client (for example, Tyler Systems Management): (a) initial installation or implementation of the Tyler Software; (b) onsite maintenance and support (unless Tyler cannot remotely correct a Defect in the Tyler Software, as set forth above); (c) application design; (d) other consulting services; (e) maintenance and support of an operating system or hardware, unless you are a hosted customer; (f) support outside our normal business hours as listed in our then-current Support Call Process; or (g) installation, training services, or third party product costs related to a new release. Requested maintenance and support services such as those outlined in this section will be billed to you on a time and materials basis at our then current rates. You must request those services with at least one (1) weeks’ advance notice. 7. Current Support Call Process. Our current Support Call Process for the Tyler Software is attached to this Exhibit C at Schedule 1. 24 Exhibit C Schedule 1 Support Call Process Support Channels Tyler Technologies, Inc. provides the following channels of software support: (1) Tyler Community – an on-line resource, Tyler Community provides a venue for all Tyler clients with current maintenance agreements to collaborate with one another, share best practices and resources, and access documentation. (2) On-line submission (portal) – for less urgent and functionality-based questions, users may create unlimited support incidents through the customer relationship management portal available at the Tyler Technologies website. (3) Email – for less urgent situations, users may submit unlimited emails directly to the software support group. (4) Telephone – for urgent or complex questions, users receive toll-free, unlimited telephone software support. Support Resources A number of additional resources are available to provide a comprehensive and complete support experience: (1) Tyler Website – www.tylertech.com – for accessing client tools and other information including support contact information. (2) Tyler Community – available through login, Tyler Community provides a venue for clients to support one another and share best practices and resources. (3) Knowledgebase – A fully searchable depository of thousands of documents related to procedures, best practices, release information, and job aides. (4) Program Updates – where development activity is made available for client consumption Support Availability Tyler Technologies support is available during the local business hours of 8 AM to 5 PM (Monday – Friday) across four US time zones (Pacific, Mountain, Central and Eastern). Clients may receive coverage across these time zones. Tyler’s holiday schedule is outlined below. There will be no support coverage on these days. New Year’s Day Thanksgiving Day Memorial Day Day after Thanksgiving Independence Day Christmas Day Labor Day 25 Issue Handling Incident Tracking Every support incident is logged into Tyler’s Customer Relationship Management System and given a unique incident number. This system tracks the history of each incident. The incident tracking number is used to track and reference open issues when clients contact support. Clients may track incidents, using the incident number, through the portal at Tyler’s website or by calling software support directly. Incident Priority Each incident is assigned a priority number, which corresponds to the client’s needs and deadlines. The client is responsible for reasonably setting the priority of the incident per the chart below. This chart is not intended to address every type of support incident, and certain “characteristics” may or may not apply depending on whether the Tyler software has been deployed on customer infrastructure or the Tyler cloud. The goal is to help guide the client towards clearly understanding and communicating the importance of the issue and to describe generally expected responses and resolutions. Priority Level Characteristics of Support Incident Resolution Targets 1 Critical Support incident that causes (a) complete application failure or application unavailability; (b) application failure or unavailability in one or more of the client’s remote location; or (c) systemic loss of multiple essential system functions. Tyler shall provide an initial response to Priority Level 1 incidents within one (1) business hour of receipt of the support incident. Tyler shall use commercially reasonable efforts to resolve such support incidents or provide a circumvention procedure within one (1) business day. For non-hosted customers, Tyler’s responsibility for lost or corrupted data is limited to assisting the client in restoring its last available database. 2 High Support incident that causes (a) repeated, consistent failure of essential functionality affecting more than one user or (b) loss or corruption of data. Tyler shall provide an initial response to Priority Level 2 incidents within four (4) business hours of receipt of the support incident. Tyler shall use commercially reasonable efforts to resolve such support incidents or provide a circumvention procedure within ten (10) business days. For non-hosted customers, Tyler’s responsibility for loss or corrupted data is limited to assisting the client in restoring its last available database. 3 Medium Priority Level 1 incident with an existing circumvention procedure, or a Priority Level 2 incident that affects only one user or for which there is an existing circumvention procedure. Tyler shall provide an initial response to Priority Level 3 incidents within one (1) business day of receipt of the support incident. Tyler shall use commercially reasonable efforts to resolve such support incidents without the need for a circumvention procedure with the next published maintenance update or service pack. For non-hosted customers, Tyler’s responsibility for lost or corrupted data is limited to assisting the client in restoring its last available database. 26 Priority Level Characteristics of Support Incident Resolution Targets 4 Non- critical Support incident that causes failure of non-essential functionality or a cosmetic or other issue that does not qualify as any other Priority Level. Tyler shall provide an initial response to Priority Level 4 incidents within two (2) business days. Tyler shall use commercially reasonable efforts to resolve such support incidents, as well as cosmetic issues, with a future version release. Incident Escalation Tyler Technology’s software support consists of four levels of personnel: (1) Level 1: front-line representatives (2) Level 2: more senior in their support role, they assist front-line representatives and take on escalated issues (3) Level 3: assist in incident escalations and specialized client issues (4) Level 4: responsible for the management of support teams for either a single product or a product group If a client feels they are not receiving the service needed, they may contact the appropriate Software Support Manager. After receiving the incident tracking number, the manager will follow up on the open issue and determine the necessary action to meet the client’s needs. On occasion, the priority or immediacy of a software support incident may change after initiation. Tyler encourages clients to communicate the level of urgency or priority of software support issues so that we can respond appropriately. A software support incident can be escalated by any of the following methods: (1) Telephone – for immediate response, call toll-free to either escalate an incident’s priority or to escalate an issue through management channels as described above. (2) Email – clients can send an email to software support in order to escalate the priority of an issue (3) On-line Support Incident Portal – clients can also escalate the priority of an issue by logging into the client incident portal and referencing the appropriate incident tracking number. Remote Support Tool Some support calls require further analysis of the client’s database, process or setup to diagnose a problem or to assist with a question. Tyler will, at its discretion, use an industry-standard remote support tool. Support is able to quickly connect to the client’s desktop and view the site’s setup, diagnose problems, or assist with screen navigation. More information about the remote support tool Tyler uses is available upon request. 27 Exhibit D DocOrigin End User License Agreement REMAINDER OF PAGE INTENTIONALLY LEFT BLANK 28 29 30 31 32 33 Exhibit E Statement of Work Statement of Work follows this page. 34 Exhibit F Agreement For Tyler Systems Management (“TSM”) Invoice to: City of Burlingame (“CLIENT”) Contact: Address: 501 Primrose Road, Burlingame, CA 94010-3997 Telephone: 650-558-7222 CLIENT agrees to purchase, and Tyler Technologies, Inc. (“TYLER”) agrees to provide, the services listed below in accordance with the following terms and conditions. I. Term of Agreement: This Tyler Systems Management Agreement (herein “TSM Agreement”) is effective as of the Available Download Date of the License and Services Agreement (“Agreement”) between TYLER and the CLIENT and shall remain in force for an initial one (1) year term. Upon expiration of that initial term, the TSM Agreement will automatically renew for additional one year terms, at Tyler’s then-current rates, unless terminated by either party at least thirty (30) days’ in advance of the upcoming renewal date. The headings used in the TSM Agreement are for reference purposes only and shall not be deemed a part of this TSM Agreement. II. Scope of the Agreement: Both parties acknowledge that this TSM Agreement covers only the services described below, for the internal business operations of: City of Burlingame III. Payment: 1. As set forth in the Invoicing and Payment Policy (Exhibit B to the Agreement), CLIENT agrees to pay TYLER the year one fee for the services described below. This payment is due and payable as indicated in Exhibit B. Thereafter, payments for any renewal period will be due annually in advance. Payment terms are net forty- five (45) days from invoice date. 2. Additional Charges. Any systems management services and/or related materials performed or supplied by TYLER for CLIENT that are not in-scope, as defined herein, will be invoiced to CLIENT on a time and materials basis at TYLER’S then-current rates IV. Covered System: 35 Window Servers that are required to run the Tyler applications licensed pursuant to this Agreement. V. Scope of Services: TYLER will provide the following services for the benefit of CLIENT: a. TYLER SYSTEMS MANAGEMENT Service is available during TYLER's then-current business hours. TYLER’S current business hours are set forth at http://www.tylertech.com/client-support. CLIENT may contact a TSM technician using the contact information set forth at http://www.tylertech.com/client-support. Calls will be recorded and answered on a first in first out basis, except on reports that declare CLIENT’s system down, in which case CLIENT’s call will be moved to the head of the queue b. TSM services are restricted to the primary production server(s) that the Tyler Software subject to this TSM Agreement is installed on. c. Environments: Database administration services are restricted to three TYLER environments: one live environment, one training environment, and one test environment. (1) In cases where additional databases exist, each additional database will be subject to additional fees, which TYLER will quote to CLIENT at TYLER’s then-current rates. d. Application Software: In-scope TSM services include two complete sets of the Tyler Software subject to this TSM Agreement: one live set and one test/train set. e. Required Foundation Software: TSM services include the support and installation of all foundation software TYLER requires CLIENT to procure to utilize one live, one train and one test database. Required foundation software is set forth at https://check.tylertech.com/. TYLER does not support, and this TSM Agreement does not include support services for, any third party product that is not required foundation software. TYLER will reasonably cooperate with CLIENT in investigating issues within the Tyler Software that may be created by a third party product, but it is CLIENT’s responsibility to pursue support on third party products directly from that vendor or its authorized partners. f. TYLER will also perform system administrative tasks on the installed operating system and database administrative tasks on the installed database engine software. g. TYLER will also provide a remote installation and configuration of a new or upgraded server, at CLIENT’S request, once every two (2) years. VI. CLIENT Responsibilities: a. CLIENT shall provide, at no charge to TYLER, full and free access to the programs covered hereunder, including working space; adequate facilities within a reasonable distance from the equipment; and use of machines, attachments, features, or other equipment necessary to provide the specified support and maintenance service. b. CLIENT shall install and maintain for the duration of this TSM Agreement a stable high speed network connection available for remote connections. CLIENT shall pay for installation, maintenance and use of such equipment and associated communication line use charges. TYLER, at its option, shall use this remote interface in connection with error correction. 36 Exhibit G – Software Modification Munis Reference # Description Price MUN-309934 Tyler will make modifications to create and execute new API calls to Cartegraph’s REST API services for the exchange of Utility Billing work/ service order information. Eleven (11) days @ $1,400 per day = $15,400 37 Exhibit H – Tyler Proposal Tyler Proposal, dated April 26, 2018, in response to Client RFP (hereafter, Tyler Proposal”) incorporated by reference. 38 Exhibit I - Client RFP Request for Proposal for Enterprise Resource Planning System and Implementation Services, Issued March 19, 2018 (Client “RFP”), incorporated by reference. 39 Exhibit J - Integrations Exhibit See following pages. Revised: 9/24/2018 Statement of Work Tyler Technologies Prepared for: City of Burlingame 501 Primrose Rd, Burlingame, CA 94010 Prepared by: Kyle Johnson One Tyler Drive, Yarmouth, ME 04096 Tyler Technologies, Inc. www.tylertech.com 2 / 63 Table of Contents 1 Executive Summary ............................................................................................................................... 6 1.1 Project Overview ........................................................................................................................... 6 1.2 Project Timeline ............................................................................................................................ 6 1.3 Program Modifications ................................................................................................................. 7 1.4 Project Release Schedule .............................................................................................................. 7 1.5 Project Methodology Overview .................................................................................................... 8 2 Project Governance............................................................................................................................... 9 2.1 City Governance ............................................................................................................................ 9 2.1.1 City Project Manager ............................................................................................................ 9 2.1.2 Steering Committee .............................................................................................................. 9 2.1.3 Executive Sponsor(s) ........................................................................................................... 10 2.2 Tyler Governance ........................................................................................................................ 10 2.2.1 Tyler Project Manager ......................................................................................................... 10 2.2.2 Tyler Implementation Management ................................................................................... 10 2.2.3 Tyler Executive Management ............................................................................................. 10 2.3 Acceptance and Acknowledgment Process ................................................................................ 10 3 Overall Project Assumptions ............................................................................................................... 12 3.1 Project, Resources and Scheduling ............................................................................................. 12 3.2 Data Conversion .......................................................................................................................... 12 3.3 Data Exchanges, Modifications, Forms and Reports .................................................................. 13 3.4 Hardware and Software .............................................................................................................. 13 3.5 Education .................................................................................................................................... 13 4 Implementation Stages ....................................................................................................................... 15 4.1 Work Breakdown Structure (WBS) ............................................................................................. 15 4.2 Initiate & Plan (Stage 1) .............................................................................................................. 17 4.2.1 Tyler Internal Coordination & Planning .............................................................................. 17 4.2.2 System Infrastructure Planning ........................................................................................... 18 4.2.3 Project/Phase Planning ....................................................................................................... 19 4.2.4 Project Schedule ................................................................................................................. 20 3 / 63 4.2.5 Stakeholder Presentation ................................................................................................... 21 4.2.6 Control Point 1: Initiate & Plan Stage Acceptance .............................................................. 22 4.3 Assess & Define (Stage 2) ............................................................................................................ 23 4.3.1 Fundamentals Review ......................................................................................................... 23 4.3.2 Current/Future State Analysis ............................................................................................. 24 4.3.3 Data Conversion Planning & Mapping ................................................................................ 25 4.3.4 Standard 3rd Party Data Exchange Planning....................................................................... 26 4.3.5 Modification Analysis & Specification, if contracted .......................................................... 27 4.3.6 Forms & Reports Planning .................................................................................................. 28 4.3.7 System Deployment ............................................................................................................ 29 4.3.8 Control Point 2: Assess & Define Stage Acceptance ........................................................... 30 4.4 Build & Validate (Stage 3) ........................................................................................................... 32 4.4.1 Configuration & Power User Training ................................................................................. 32 4.4.2 Data Conversion & Validation ............................................................................................. 33 4.4.3 Standard 3rd Party Data Exchange Validation .................................................................... 34 4.4.4 Modification Delivery & Validation, if contracted .............................................................. 35 4.4.5 Forms & Reports Validation ................................................................................................ 36 4.4.6 Control Point 3: Build & Validate Stage Acceptance ........................................................... 37 4.5 Final Testing & Training (Stage 4) ............................................................................................... 38 4.5.1 Cutover Planning ................................................................................................................. 38 4.5.2 User Acceptance Testing (UAT) ........................................................................................... 39 4.5.3 End User Training ................................................................................................................ 40 4.5.4 Control Point 4: Final Testing & Training Stage Acceptance ............................................... 41 4.6 Production Cutover (Stage 5) ...................................................................................................... 42 4.6.1 Final Data Conversion, if applicable .................................................................................... 42 4.6.2 Production Processing & Assistance ................................................................................... 43 4.6.3 Transition to Tyler Support ................................................................................................. 44 4.6.4 Schedule Post-Production Services, if applicable ............................................................... 45 4.6.5 Control Point 5: Production Cutover Stage Acceptance ..................................................... 46 4.7 Phase/Project Closure (Stage 6) .................................................................................................. 47 4.7.1 Close Phase/Project ............................................................................................................ 47 4.7.2 Control Point 6: Phase/Project Closure Stage Acceptance ................................................. 48 4 / 63 5 Roles and Responsibilities ................................................................................................................... 49 5.1 Tyler Roles and Responsibilities .................................................................................................. 49 5.1.1 Tyler Executive Management ............................................................................................. 49 5.1.2 Tyler Implementation Management ................................................................................... 49 5.1.3 Tyler Project Manager ......................................................................................................... 49 5.1.4 Tyler Implementation Consultant ....................................................................................... 50 5.1.5 Tyler Sales ........................................................................................................................... 51 5.1.6 Tyler Software Support ....................................................................................................... 51 5.1.7 Tyler Systems Management Services .................................................................................. 51 5.2 City Roles and Responsibilities .................................................................................................... 52 5.2.1 City Executive Sponsor ........................................................................................................ 52 5.2.2 City Steering Committee ..................................................................................................... 52 5.2.3 City Project Manager .......................................................................................................... 52 5.2.4 City Functional Leads .......................................................................................................... 53 5.2.5 City Power Users ................................................................................................................. 54 5.2.6 City End Users ..................................................................................................................... 55 5.2.7 City Technical Support ........................................................................................................ 55 5.2.8 City Upgrade Coordinator ................................................................................................... 55 5.2.9 City Project Toolset Coordinator ......................................................................................... 55 5.2.10 City Change Management Lead .......................................................................................... 55 6 Glossary ............................................................................................................................................... 57 7 Munis Conversion Summary ............................................................................................................... 60 7.1 Accounting COA .......................................................................................................................... 60 7.2 Accounting - Actuals ................................................................................................................... 60 7.3 Accounting - Budgets .................................................................................................................. 60 7.4 Accounts Payable Master ............................................................................................................ 60 7.5 Accounts Payable - Checks .......................................................................................................... 60 7.6 Accounts Payable - Invoices ........................................................................................................ 60 7.7 Contracts ..................................................................................................................................... 60 7.8 Capital Assets Master .................................................................................................................. 61 7.9 General Billing CID....................................................................................................................... 61 7.10 Purchase Orders .......................................................................................................................... 61 5 / 63 7.11 Project Grant Accounting ............................................................................................................ 61 7.12 Payroll - Standard ........................................................................................................................ 61 7.13 Payroll – Accumulators ............................................................................................................... 61 7.14 Payroll – Check History ............................................................................................................... 61 7.15 Payroll – Earning/Deduction Hist. ............................................................................................... 62 7.16 Payroll – PM Action History ........................................................................................................ 62 7.17 Payroll – State Retirement Tables ............................................................................................... 62 7.18 Utility Billing - Standard .............................................................................................................. 62 7.19 Utility Billing –Backflow .............................................................................................................. 62 7.20 Utility Billing –Service Orders ...................................................................................................... 62 7.21 Utility Billing –Balance Forward AR ............................................................................................. 62 7.22 Utility Billing –Consumption History ........................................................................................... 62 7.23 Utility Billing –Assessments ........................................................................................................ 63 7.24 Utility Billing –Services ................................................................................................................ 63 6 / 63 1 Executive Summary 1.1 Project Overview The Statement of Work (SOW) documents the Project Scope, methodology, roles and responsibilities, implementation Stages, and deliverables for the implementation of Tyler products. The Project goals are to offer City of Burlingame the opportunity to make the City more accessible and responsive to external and internal customer needs and more efficient in its operations through: • Streamlining, automating, and integrating business processes and practices • Providing tools to produce and access information in a real-time environment • Enabling and empowering users to become more efficient, productive and responsive • Successfully overcoming current challenges and meeting future goals 1.2 Project Timeline The Project Timeline establishes a start and end date for each Phase of the Project. Developed during the Initiate & Plan Stage and revised as mutually agreed to, if needed, the timeline accounts for resource availability, business goals, size and complexity of the Project, and task duration requirements. Phase Functional Areas Modules Start Date Go-Live Date 1 Financials • Accounting/General Ledger • Accounts Payable • Accounts Receivable • Budgeting • Capital Assets • Cash Management • Contract Management • Project & Grant Accounting • Purchasing • eProcurement • General Billing • Tyler Cashiering • CAFR Statement Builder October 2018, or as otherwise mutually agreed to per the project plan July 2019, or as otherwise mutually agreed to per the project plan System Wide • Munis Analytics & Reporting • Tyler Forms Processing • Tyler Content Manager SE 7 / 63 Phase Functional Areas Modules Start Date Go-Live Date 2 Core Human Resources / Payroll • Payroll w/Employee Self Service • HR & Talent Management • ExecuTime Time & Attendance • ExecuTime Time & Attendance Mobile Access • ExecuTime Advance Scheduling • ExecuTime Advance Scheduling Mobile Access • Recruiting March 2019, or as otherwise mutually agreed to per the project plan January 2020, or as otherwise mutually agreed to per the project plan 3 Utility Billing • Utility Billing CIS • Central Property File • Maplink GIS Integration • Tyler Cashiering September 2019, or as otherwise mutually agreed to per the project plan June 2020, or as otherwise mutually agreed to per the project plan 1.3 Program Modifications The following program modification(s) from Exhibit G are considered to be in scope. Tyler Reference ID Description MUN-309934 • Cartegraph REST API Connector with UB Service/Work Orders 1.4 Project Release Schedule Tyler’s implementation approach requires that the City will adhere to the following upgrade schedule, if the modification is determined to be required for go-live. Tyler’s Project Team will coordinate with the City Project Team to coordinate the upgrade activities as follows: Version Test/Train Environment Install Production Environment Install 8 / 63 2018.1 v12 Upon install Upon install 2020.1 v12 March 2020 (est) April 2020 (est) 1.5 Project Methodology Overview Tyler bases its implementation methodology on the Project Management Institute’s (PMI) Process Groups (Initiating, Planning, Executing, Monitoring & Controlling, and Closing). Using this model, Tyler developed a 6-stage process specifically designed to focus on critical project success measurement factors. Tailored specifically for Tyler’s public sector Cities, the project methodology contains Stage acceptance Control Points throughout each Phase to ensure adherence to Scope, budget, timeline controls, effective communications, and quality standards. Clearly defined, the project methodology repeats consistently across Phases, and is scaled to meet the City’s complexity, and organizational needs. 9 / 63 2 Project Governance The purpose of this section is to define the resources required to adequately establish the business needs, objectives, and priorities for the Project; communicate the goals to other project participants; and provide support and guidance to accomplish these goals. Project governance also defines the structure for issue escalation and resolution, Change Control review and authority, and organizational Change Management activities. The preliminary governance structure establishes a clear escalation path when issues and risks require escalation above the project manager level. Further refinement of the governance structure, related processes, and specific roles and responsibilities occurs during the Initiate & Plan Stage. The path below illustrates an overall team perspective where Tyler and the City collaborate to resolve project challenges according to defined escalation paths. In the event project managers do not possess authority to determine a solution, resolve an issue, or mitigate a risk, Tyler implementation management and the City steering committee become the escalation points to triage responses prior to escalation to the City and Tyler executive sponsors. As part of the escalation process, each project governance tier presents recommendations and supporting information to facilitate knowledge transfer and issue resolution. The City and Tyler executive sponsors serve as the final escalation point. 2.1 City Governance Depending on the City’s organizational structure and size, the following governance roles may be filled by one or more people: 2.1.1 City Project Manager The City’s project manager(s) coordinate project team members, subject matter experts, and the overall implementation schedule and serves as the primary point of contact with Tyler. The City project manager(s) will be responsible for reporting to the City steering committee and determining appropriate escalation points. 2.1.2 Steering Committee The City steering committee understands and supports the cultural change necessary for the Project and fosters an appreciation of the Project’s value throughout the organization. Oversees the City project manager(s) and the Project as a whole and through participation in regular internal meetings, the City steering committee remains updated on all project progress, project decisions, and achievement of project milestones. The City steering committee also provides support to the City project manager(s) by communicating the importance of the Project to all impacted departments. The City steering committee is responsible for ensuring the Project has appropriate resources, provides strategic direction to the project team, for making timely decisions on critical project issues or policy decisions. The City steering committee also serves as primary level of issue resolution for the Project. 10 / 63 2.1.3 Executive Sponsor(s) The City’s executive sponsor provides support to the Project by allocating resources, providing strategic direction, and communicating key issues about the Project and the Project’s overall importance to the organization. When called upon, the executive sponsor also acts as the final authority on all escalated project issues. The executive sponsor engages in the Project, as needed, in order to provide necessary support, oversight, guidance, and escalation, but does not participate in day-to-day project activities. The executive sponsor empowers the City steering committee, project manager(s), and functional leads to make critical business decisions for the City. 2.2 Tyler Governance 2.2.1 Tyler Project Manager The Tyler project managers (by phase) have direct involvement with the Project and coordinate Tyler project team members, subject matter experts, the overall implementation schedule, and serve as the primary point of contact with the City. As requested by the City, the Tyler project managers provide regular updates to the City’s steering committee and other Tyler governance members. 2.2.2 Tyler Implementation Management Tyler implementation management has indirect involvement with the Project and is part of the Tyler escalation process. Tyler project manager(s) consult implementation management on issues and outstanding decisions critical to the Project. Implementation management works toward a solution with the Tyler project manager(s) or with the City management, as appropriate. Tyler executive management is the escalation point for any issues not resolved at this level. The name(s) and contact information for this resource will be provided and available to the project team. 2.2.3 Tyler Executive Management Tyler executive management has indirect involvement with the Project and is part of the Tyler escalation process. This team member offers additional support to the project team and collaborates with other Tyler department managers, as needed, in order to escalate and facilitate implementation project tasks and decisions. The name(s) and contact information for this resource will be provided and available to the project team. 2.3 Acceptance and Acknowledgment Process All Deliverables and Control Points must be accepted or acknowledged following the process below. Acceptance requires a formal sign-off while acknowledgement may be provided without formal sign-off at the time of delivery. The following process will be used for accepting or acknowledging Deliverables and Control Points: • The City shall have ten (10) business days from the date of delivery, or as otherwise mutually agreed upon by the parties in writing, to accept or acknowledge each Deliverable or Control Point. If the City does not provide acceptance or acknowledgement within five (5) business days, 11 / 63 or the otherwise agreed upon timeframe, not to be unreasonably withheld, Tyler deems the Deliverable or Control Point as accepted. • If the City does not agree the particular Deliverable or Control Point meets requirements, the City shall notify Tyler project manager(s), in writing, with reasoning within ten (10) business days, or the otherwise agreed-upon timeframe, not to be unreasonably withheld, of receipt of the Deliverable. • Tyler shall address any deficiencies and redeliver the Deliverable or Control Point, following the agreement language on software, or mutually agreeable timeframe for implementation items. The City shall then have five (5) business days from receipt of the redelivered Deliverable or Control Point to accept or again submit written notification of reasons for rejecting the milestone. If the City does not provide acceptance or acknowledgement within five (5) business days, or the otherwise agreed upon timeframe, not to be unreasonably withheld, Tyler deems the Deliverable or Control Point as accepted. 12 / 63 3 Overall Project Assumptions 3.1 Project, Resources and Scheduling • Project activities will begin on a date mutually agreed to after the Agreement has been fully executed. • The City has the ability to allocate additional internal resources if needed. The City also ensures the alignment of their budget and Scope expectations. • The City and Tyler ensure that the assigned resources are available, they buy-into the change process, and they possess the required business knowledge to complete their assigned tasks successfully. Should there be a change in resources, the replacement resource should have a comparable level of availability, buy-in, and knowledge. • Tyler and City provide adequate resources to support the efforts to complete the Project as scheduled and within the constraints of the Project budget. • Abbreviated timelines and overlapped Phases can result in Project delays if there are not sufficient resources assigned to complete all required work as scheduled. • Changes to Project Plan, availability of resources or changes in Scope may result in schedule delays, which may result in additional charges to the Project. • Tyler provides a written agenda and notice of any prerequisites to the City project manager(s) ten (10) business days prior to any scheduled on site or remote sessions. • Tyler provides notice of any prerequisites to the City project manager(s) a minimum of ten (10) business days prior to any key deliverable due dates. • City users complete prerequisites prior to applicable scheduled activities. • Tyler provides guidance for configuration and processing options available within the Tyler software. The City is responsible for making decisions based on the options available. • In the event the City may elect to add and/or modify current business policies during the course of this Project, such policy changes are solely the City’s responsibility to define, document, and implement. • The City makes timely Project related decisions in order to achieve scheduled due dates on tasks and prepare for subsequent training sessions. Decisions left unmade may affect the schedule, as each analysis and implementation session builds on the decisions made in prior sessions. • Tyler considers additional services out of Scope and requires additional time and costs be requested via Change Request approved through the Change Control process. • The City will respond to information requests in a comprehensive and timely manner, in accordance with the Project Plan. 3.2 Data Conversion • The City is readily able to produce the data files needed for conversion from the Legacy System in order to provide them to Tyler on the specified due date(s). • Each Legacy System data file submitted for conversion includes all associated records in a single approved file layout. • The City understands the Legacy System data extract(s) must be provided to Tyler in the same format each time unless changes are mutually agreed upon in advance. If not, negative impacts to the schedule, budget, and resource availability may occur and/or data in the new system may be incorrect. 13 / 63 • During this process, the City may need to correct data scenarios in the Legacy System prior to the final data pull. This is a complex activity and requires due diligence by the City to ensure all data pulled includes all required data and the Tyler system contains properly mapped data. 3.3 Data Exchanges, Modifications, Forms and Reports • The City ensures the 3rd party data received conforms to a Tyler standard format. • The 3rd party possesses the knowledge of how to program their portion of the interaction and understands how to manipulate the data received. • City is on a supported, compatible version of the 3rd party software or Tyler standard Data Exchange tools may not be available. • The City is willing to make reasonable business process changes rather than expecting the product to conform to every aspect of their current system/process. • Any Modification requests not expressly stated in the contract are out of Scope. Modifications requested after contract signing have the potential to change cost, Scope, schedule, and production dates for project Phases. Modification requests not in Scope must follow the Project Change Control process. 3.4 Hardware and Software • Tyler will initially Install the most current generally available version of the purchased Tyler software. • Tyler will setup four (4) environments: Production/Live, Test, Train, and Implementation • The City will provide network access for Tyler modules, printers, and Internet access to all applicable City and Tyler project staff. • The City has in place all hardware, software, and technical infrastructure necessary to support the Project. • The City’s system hardware and software meet Tyler standards to ensure sufficient speed and operability of Tyler software. Tyler will not support use of software if the City does not meet minimum standards of Tyler’s published specifications. Tyler will publish system requirements for future releases via the Tyler Community. 3.5 Education • Throughout the Project lifecycle, the City provides a training room for Tyler staff to transfer knowledge to the City’s resources, for both onsite and remote sessions. The City will provide staff with a location to practice what they have learned without distraction. If Phases overlap, the City will provide multiple training facilities to allow for independent sessions scheduling without conflict. • The training room is set up in a classroom setting. The City determines the number of workstations in the room. Tyler recommends every person attending a scheduled session with a Tyler Consultant or Trainer have their own workstation. However, Tyler requires there be no more than two (2) people at a given workstation. • The City provides a workstation which connects to the Tyler system for the Tyler trainer conducting the session. The computer connects to a City provided projector, allowing all attendees the ability to actively engage in the training session. 14 / 63 • Users performing user acceptance testing (UAT) have attended all applicable training sessions prior to performing UAT. 15 / 63 4 Implementation Stages 4.1 Work Breakdown Structure (WBS) The Work Breakdown Structure (WBS) is a hierarchical representation of a Project or Phase broken down into smaller, more manageable components. The top-level components are called “Stages” and the second level components are called “work packages.” The work packages, shown below each Stage, contain the high-level work to be done. The detailed Project Plan, developed during Initiate & Plan and finalized during Assess & Define, will list the tasks to be completed within each work package. Each Stage ends with a “Control Point”, confirming the work performed during that Stage of the Project. 16 / 63 17 / 63 4.2 Initiate & Plan (Stage 1) The Initiate & Plan Stage creates a foundation for the Project through identification of City and Tyler Project Management teams, development of implementation management plans, and the provision and discussion of system infrastructure requirements. City participation in gathering information is critical. Tyler Project Management teams present initial plans to stakeholder teams at Stage end. 4.2.1 Tyler Internal Coordination & Planning Prior to Project commencement, Tyler management staff assigns project manager(s). Tyler provides the City with initial Project documents used in gathering basic information, which aids in preliminary planning and scheduling. City participation in gathering requested information by provided deadlines ensures the Project moves forward in a timely fashion. Internally, the Tyler project manager(s) coordinate with sales to ensure transfer of vital information from the sales process prior to scheduling a Project Planning Meeting with the City’s team. During this step, Tyler will work with the City to establish the date(s) for the Project/Phase Planning session. RACI MATRIX KEY: R = Responsible A = Accountable C = Consulted I = Informed STAGE 1 Tyler Internal Coordination & Planning TYLER CITY TASKS Tyler Executive Manager Tyler Implementation Manager Tyler Project Manager Tyler Implementation Consultant Tyler Data Conversion Experts Tyler Forms & Reports Experts Tyler Modification Programmers Tyler Technical Support Tyler Sales City Executive Sponsor City Steering Committee City Project Manager City Functional Leads City Change Management Leads City Power Users City Department Heads City End Users City Technical Leads City Project Toolset Coordinator City Upgrade Coordinator Assign Tyler project manager A R I I I Provide initial Project documents to City A I R C I Sales to Implementation knowledge transfer A I R C Internal planning and phase coordination A R C 18 / 63 4.2.2 System Infrastructure Planning The City provides, purchases or acquires hardware according to hardware specifications provided by Tyler and ensures it is available at the City’s site. The City completes the system infrastructure audit, ensuring vital system infrastructure information is available to the Tyler implementation team, and verifies all hardware compatibility with Tyler solutions. RACI MATRIX KEY: R = Responsible A = Accountable C = Consulted I = Informed STAGE 1 System Infrastructure Planning TYLER CITY TASKS Tyler Executive Manager Tyler Implementation Manager Tyler Project Manager Tyler Implementation Consultant Tyler Data Conversion Experts Tyler Forms & Reports Experts Tyler Modification Programmers Tyler Technical Support Tyler Sales City Executive Sponsor City Steering Committee City Project Manager City Functional Leads City Change Management Leads City Power Users City Department Heads City End Users City Technical Leads City Project Toolset Coordinator City Upgrade Coordinator Provide system hardware specifications I R A I C Make hardware available for Installation I C A R Install system hardware, if applicable I C A R Complete system infrastructure audit I C A R 19 / 63 4.2.3 Project/Phase Planning Project and Phase planning provides an opportunity to review the contract, software, data conversions and services purchased, identify Applications to implement in each Phase (if applicable), and discuss implementation timeframes. The Tyler project manager(s) deliver an Implementation Management Plan, which is mutually agreeable by City and Tyler. RACI MATRIX KEY: R = Responsible A = Accountable C = Consulted I = Informed STAGE 1 Project/Phase Planning TYLER CITY TASKS Tyler Executive Manager Tyler Implementation Manager Tyler Project Manager Tyler Implementation Consultant Tyler Data Conversion Experts Tyler Forms & Reports Experts Tyler Modification Programmers Tyler Technical Support Tyler Sales City Executive Sponsor City Steering Committee City Project Manager City Functional Leads City Change Management Leads City Power Users City Department Heads City End Users City Technical Leads City Project Toolset Coordinator City Upgrade Coordinator Perform Project/Phase Planning A R I C C I Deliver implementation management plan A R C C I 20 / 63 4.2.4 Project Schedule City and Tyler will mutually develop an initial Project Schedule. The initial schedule includes, at minimum, enough detail to begin Project activities while the detailed Project Plan/schedule is being developed and refined. RACI MATRIX KEY: R = Responsible A = Accountable C = Consulted I = Informed STAGE 1 Project Schedule TYLER CITY TASKS Tyler Executive Manager Tyler Implementation Manager Tyler Project Manager Tyler Implementation Consultant Tyler Data Conversion Experts Tyler Forms & Reports Experts Tyler Modification Programmers Tyler Technical Support Tyler Sales City Executive Sponsor City Steering Committee City Project Manager City Functional Leads City Change Management Leads City Power Users City Department Heads City End Users City Technical Leads City Project Toolset Coordinator City Upgrade Coordinator Develop initial Project Schedule A R I C I I Deliver Project Plan and schedule for Project Phase A R I I I C C I I I City reviews Project Plan & initial schedule C I A R C C C City approves Project Plan & initial schedule I I A R C C I I I I I 21 / 63 4.2.5 Stakeholder Presentation City stakeholders join Tyler project manager(s) to communicate successful Project criteria, Project goals, Deliverables, a high-level milestone schedule, and roles and responsibilities of Project participants. RACI MATRIX KEY: R = Responsible A = Accountable C = Consulted I = Informed STAGE 1 Stakeholder Presentation TYLER CITY TASKS Tyler Executive Manager Tyler Implementation Manager Tyler Project Manager Tyler Implementation Consultant Tyler Data Conversion Experts Tyler Forms & Reports Experts Tyler Modification Programmers Tyler Technical Support Tyler Sales City Executive Sponsor City Steering Committee City Project Manager City Functional Leads City Change Management Leads City Power Users City Department Heads City End Users City Technical Leads City Project Toolset Coordinator City Upgrade Coordinator Present overview of Project Deliverables, Project Schedule and roles and responsibilities A R I I I I C I I I I I I I Communicate successful Project criteria and goals I R C A C I I C I I 22 / 63 4.2.6 Control Point 1: Initiate & Plan Stage Acceptance Acceptance criteria for this Stage includes completion of all criteria listed below. Advancement to the Assess & Define Stage is dependent upon Tyler’s receipt of the Stage Acceptance. 4.2.6.1 Initiate & Plan Stage Deliverables • Implementation Management Plan o Objective: Update and deliver baseline management plans to reflect the approach to the City’s Project. o Scope: The Implementation Management addresses how communication, quality control, risks/issues, resources and schedules, and Software Upgrades (if applicable) will be managed throughout the lifecycle of the Project. o Acceptance criteria: City reviews and acknowledges receipt of Implementation Management Plan. • Project Plan/Schedule o Objective: Provide a comprehensive list of tasks, timelines and assignments related to the Deliverables of the Project. o Scope: Task list, assignments and due dates o Acceptance criteria: City acceptance of schedule based on City resource availability and Project budget and goals. 4.2.6.2 Initiate & Plan Stage Acceptance Criteria • Hardware Installed • System infrastructure audit complete and verified • Implementation Management Plan delivered • Project Plan/Schedule delivered; dates confirmed • Stakeholder Presentation complete 23 / 63 4.3 Assess & Define (Stage 2) The primary objective of Assess & Define is to gather information about current City business processes and translate the material into future business processes using Tyler Applications. Tyler uses a variety of methods for obtaining the information, all requiring City collaboration. The City shall provide complete and accurate information to Tyler staff for analysis and understanding of current workflows and business processes. 4.3.1 Fundamentals Review Fundamentals Review provides functional leads and Power Users an overall understanding of software capabilities prior to beginning current and future state analysis. The primary goal is to provide a basic understanding of system functionality, which provides a foundation for upcoming conversations regarding future state processing. Tyler utilizes a variety of methods for completing fundamentals training including the use of eLearning, videos, documentation, and walkthroughs. RACI MATRIX KEY: R = Responsible A = Accountable C = Consulted I = Informed STAGE 2 Assess & Define TYLER CITY TASKS Tyler Executive Manager Tyler Implementation Manager Tyler Project Manager Tyler Implementation Consultant Tyler Data Conversion Experts Tyler Forms & Reports Experts Tyler Modification Programmers Tyler Technical Support Tyler Sales City Executive Sponsor City Steering Committee City Project Manager City Functional Leads City Change Management Leads City Power Users City Department Heads City End Users City Technical Leads City Project Toolset Coordinator City Upgrade Coordinator Schedule fundamentals review & provide fundamentals materials & prerequisites, if applicable A R I C I I I Complete fundamentals materials review and prerequisites I A R I C Ensure all scheduled attendees are present I I A R C I Facilitate fundamentals review A R I I I 24 / 63 4.3.2 Current/Future State Analysis City and Tyler evaluate current state processes, options within the new software, pros and cons of each option based on current or desired state, and make decisions about future state configuration and processing. RACI MATRIX KEY: R = Responsible A = Accountable C = Consulted I = Informed STAGE 2 Current/Future State Analysis TYLER CITY TASKS Tyler Executive Manager Tyler Implementation Manager Tyler Project Manager Tyler Implementation Consultant Tyler Data Conversion Experts Tyler Forms & Reports Experts Tyler Modification Programmers Tyler Technical Support Tyler Sales City Executive Sponsor City Steering Committee City Project Manager City Functional Leads City Change Management Leads City Power Users City Department Heads City End Users City Technical Leads City Project Toolset Coordinator City Upgrade Coordinator Provide Current/Future State analysis materials to the City, as applicable A R I C I I Conduct Current & Future State analysis A R I C I C Provide pros and cons of Tyler software options A R I C I C Make Future State Decisions according to due date in the Project Plan I I C A R I C I Record Future State decisions A R I C I C 25 / 63 4.3.3 Data Conversion Planning & Mapping This entails the activities performed to prepare to convert data from the City’s Legacy System Applications to the Tyler system. Tyler staff and the City work together to complete Data Mapping for each piece of data (as outlined in the Agreement) from the Legacy System to a location in the Tyler system. RACI MATRIX KEY: R = Responsible A = Accountable C = Consulted I = Informed STAGE 2 Data Conversion Planning & Mapping TYLER CITY TASKS Tyler Executive Manager Tyler Implementation Manager Tyler Project Manager Tyler Implementation Consultant Tyler Data Conversion Experts Tyler Forms & Reports Experts Tyler Modification Programmers Tyler Technical Support Tyler Sales City Executive Sponsor City Steering Committee City Project Manager City Functional Leads City Change Management Leads City Power Users City Department Heads City End Users City Technical Leads City Project Toolset Coordinator City Upgrade Coordinator Review contracted data conversion(s) options A R I C C C C Map data from Legacy System to Tyler system I C I A C C R Pull conversion data extract I I A C C R Run balancing Reports for data pulled and provide to Tyler I I A C R I Review and approve initial data extract A I C R I I Correct issues with data extract, if needed I C C A C C R 26 / 63 4.3.4 Standard 3rd Party Data Exchange Planning Standard Data Exchange tools are available to allow City’s to get data in and out of the Tyler system with external systems. Data exchange tools can take the form of Imports and Exports, and Interfaces. A Standard Interface is a real-time or automated exchange of data between two systems. This could be done programmatically or through an API. It is Tyler’s responsibility to ensure the Tyler programs operate correctly. It is the City’s responsibility to ensure the third party program operates or accesses the data correctly. The City and Tyler project manager(s) will work together to define/confirm which Data Exchanges are needed (if not outlined in the Agreement). Tyler will provide a file layout for each Standard Data Exchange. RACI MATRIX KEY: R = Responsible A = Accountable C = Consulted I = Informed STAGE 2 Standard 3rd Party Data Exchange Planning TYLER CITY TASKS Tyler Executive Manager Tyler Implementation Manager Tyler Project Manager Tyler Implementation Consultant Tyler Data Conversion Experts Tyler Forms & Reports Experts Tyler Modification Programmers Tyler Technical Support Tyler Sales City Executive Sponsor City Steering Committee City Project Manager City Functional Leads City Change Management Leads City Power Users City Department Heads City End Users City Technical Leads City Project Toolset Coordinator City Upgrade Coordinator Review Standard or contracted Data Exchanges A R C I I C Define or confirm needed Data Exchanges I C A C C R 27 / 63 4.3.5 Modification Analysis & Specification, if contracted Tyler staff conducts additional analysis and develops specifications based on information discovered during this Stage. The City reviews the specifications and confirms they meet City’s needs prior to acceptance. Out of Scope items or changes to specifications after acceptance may require a Change Request. Tyler’s intention is to minimize Modifications by using Standard functionality within the Application, which may require a City business process change. It is the responsibility of the City to detail all of their needs during the Assess and Define Stage. Tyler will write up specifications (for City approval) for contracted program Modifications. Upon approval, Tyler will make the agreed upon Modifications to the respective program(s). Once the Modifications have been delivered, the City will test and approve those changes during the Build and Validate Stage. RACI MATRIX KEY: R = Responsible A = Accountable C = Consulted I = Informed STAGE 2 Modification Analysis & Specification, if contracted TYLER CITY TASKS Tyler Executive Manager Tyler Implementation Manager Tyler Project Manager Tyler Implementation Consultant Tyler Data Conversion Experts Tyler Forms & Reports Experts Tyler Modification Programmers Tyler Technical Support Tyler Sales City Executive Sponsor City Steering Committee City Project Manager City Functional Leads City Change Management Leads City Power Users City Department Heads City End Users City Technical Leads City Project Toolset Coordinator City Upgrade Coordinator Analyze contracted modified program requirements A C R C C I C C Develop specification document(s) A I C R I I I I Review specification document(s); provide changes to Tyler, if applicable I C C A R I C C Sign-off on specification document(s) and authorize work I I A R C I I C 28 / 63 4.3.6 Forms & Reports Planning City and Tyler project manager(s) review Forms and Report needs. Items that may be included in the Agreement are either Standard Forms and Reports or known/included Modification(s). Items not included in the Agreement could be either City-developed Reports or a newly discovered Modification that will require a Change Request. RACI MATRIX KEY: R = Responsible A = Accountable C = Consulted I = Informed STAGE 2 Forms & Reports Planning TYLER CITY TASKS Tyler Executive Manager Tyler Implementation Manager Tyler Project Manager Tyler Implementation Consultant Tyler Data Conversion Experts Tyler Forms & Reports Experts Tyler Modification Programmers Tyler Technical Support Tyler Sales City Executive Sponsor City Steering Committee City Project Manager City Functional Leads City Change Management Leads City Power Users City Department Heads City End Users City Technical Leads City Project Toolset Coordinator City Upgrade Coordinator Review required Forms output A R C I C I Review and complete Forms options and submit to Tyler I I A R C Review in Scope Reports A R I C C Identify additional Report needs I C A R C Add applicable tasks to Project schedule A R I C C I I I 29 / 63 4.3.7 System Deployment The Tyler Technical Services team Installs Tyler Applications on the server (hosted or City-based) and ensures the platform operates as expected. RACI MATRIX KEY: R = Responsible A = Accountable C = Consulted I = Informed STAGE 2 System Deployment TYLER CITY TASKS Tyler Executive Manager Tyler Implementation Manager Tyler Project Manager Tyler Implementation Consultant Tyler Data Conversion Experts Tyler Forms & Reports Experts Tyler Modification Programmers Tyler Technical Support Tyler Sales City Executive Sponsor City Steering Committee City Project Manager City Functional Leads City Change Management Leads City Power Users City Department Heads City End Users City Technical Leads City Project Toolset Coordinator City Upgrade Coordinator Install contracted software on server A I R I C Ensure platform operates as expected A I R I C 30 / 63 4.3.8 Control Point 2: Assess & Define Stage Acceptance Acceptance criteria for this Stage includes completion of all criteria listed below. Advancement to the Build & Validate Stage is dependent upon Tyler’s receipt of the Stage Acceptance. 4.3.8.1 Assess & Define Stage Deliverables • Completed analysis Questionnaire o Objective: Gather and document information related to City business processes for current/future state analysis as it relates to Tyler approach/solution. o Scope: Provide comprehensive answers to all questions on Questionnaire(s). o Acceptance criteria: City acceptance of completed Questionnaire based on thoroughness of capturing all City business practices to be achieved through Tyler solution. • Data conversion summary and specification documents o Objective: Define data conversion approach and strategy. o Scope: Data conversion approach defined, data extract strategy, conversion and reconciliation strategy. o Acceptance criteria: Data conversion document(s) delivered, reviewed and confirmed, to the City, reflecting complete and accurate conversion decisions. • Modification specification documents, if contracted o Objective: Provide comprehensive outline of identified gaps, and how the modified program meets the City’s needs. o Scope: Design solution for Modification. o Acceptance criteria: City accepts Modified Specification Document(s) and agrees that the proposed solution meets their requirements. • Completed Forms options and/or packages o Objective: Provide specifications for each City in Scope form, Report and output requirements. o Scope: Complete Forms package(s) included in agreement and identify Report needs. o Acceptance criteria: Identify Forms choices and receive supporting documentation. • Installation checklist o Objective: Installation of purchased Tyler software. o Scope: Tyler will conduct an initial coordination call, perform an installation of the software included in the Agreement, conduct follow up to ensure all tasks are complete, and complete server system administration training, unless the City is hosted. o Acceptance criteria: Tyler software is successfully installed and available to authorized users, City team members are trained on applicable system administration tasks. 4.3.8.2 Assess & Define Stage Acceptance Criteria • Tyler software is installed. • Fundamentals review is complete. 31 / 63 • Required Form information complete and provided to Tyler. • Current/Future state analysis completed; Questionnaires delivered and reviewed. • Data conversion mapping and extractions completed and provided to Tyler. 32 / 63 4.4 Build & Validate (Stage 3) The objective of the Build & Validate Stage is to prepare the software for use in accordance with the City’s needs identified during the Assess and Define Stage, preparing the City for Final Testing and Training. 4.4.1 Configuration & Power User Training Tyler staff collaborates with the City to complete software configuration based on the outputs of the future state analysis performed during the Assess and Define Stage. Tyler staff will train the City Power Users to prepare them for the Validation of the software. The City collaborates with Tyler staff iteratively to Validate software configuration, including 2 (two) full parallels for PR/HR and UB. RACI MATRIX KEY: R = Responsible A = Accountable C = Consulted I = Informed STAGE 3 Build & Validate TYLER CITY TASKS Tyler Executive Manager Tyler Implementation Manager Tyler Project Manager Tyler Implementation Consultant Tyler Data Conversion Experts Tyler Forms & Reports Experts Tyler Modification Programmers Tyler Technical Support Tyler Sales City Executive Sponsor City Steering Committee City Project Manager City Functional Leads City Change Management Leads City Power Users City Department Heads City End Users City Technical Leads City Project Toolset Coordinator City Upgrade Coordinator Perform configuration A R I R I Power User process and Validation training A R I C I C I Validate configuration I C A C R C 33 / 63 4.4.2 Data Conversion & Validation Tyler completes an initial review of the converted data for errors. With assistance from the City, the Tyler Data Conversion Team addresses items within the conversion program to provide the most efficient data conversion possible. With guidance from Tyler, the City reviews specific data elements within the system and identifies and Reports discrepancies in writing. Iteratively, Tyler collaborates with the City to address conversion discrepancies prior to acceptance. RACI MATRIX KEY: R = Responsible A = Accountable C = Consulted I = Informed STAGE 3 Data Conversion & Validation TYLER CITY TASKS Tyler Executive Manager Tyler Implementation Manager Tyler Project Manager Tyler Implementation Consultant Tyler Data Conversion Experts Tyler Forms & Reports Experts Tyler Modification Programmers Tyler Technical Support Tyler Sales City Executive Sponsor City Steering Committee City Project Manager City Functional Leads City Change Management Leads City Power Users City Department Heads City End Users City Technical Leads City Project Toolset Coordinator City Upgrade Coordinator Write and run data conversion program against City data A I C R C Complete initial review of data errors A I C R I I C Review data conversion and submit needed corrections I C I A C R C Revise conversion program(s) to correct error(s) A I C R I I C C 34 / 63 4.4.3 Standard 3rd Party Data Exchange Validation Tyler provides training on Data Exchange(s) and the City tests each Data Exchange. RACI MATRIX KEY: R = Responsible A = Accountable C = Consulted I = Informed STAGE 3 Standard 3rd Party Data Exchange Validation TYLER CITY TASKS Tyler Executive Manager Tyler Implementation Manager Tyler Project Manager Tyler Implementation Consultant Tyler Data Conversion Experts Tyler Forms & Reports Experts Tyler Modification Programmers Tyler Technical Support Tyler Sales City Executive Sponsor City Steering Committee City Project Manager City Functional Leads City Change Management Leads City Power Users City Department Heads City End Users City Technical Leads City Project Toolset Coordinator City Upgrade Coordinator Train Data Exchange(s) processing in Tyler software A R C I I I C I Coordinate 3rd Party Data Exchange activities I I A C C R Test all Standard 3rd party Data Exchange(s) I C A C I R C 35 / 63 4.4.4 Modification Delivery & Validation, if contracted Tyler delivers in Scope Modification(s) to the City for preliminary testing. Final acceptance will occur during the Final Testing and Training Stage. RACI MATRIX KEY: R = Responsible A = Accountable C = Consulted I = Informed STAGE 3 Modification Delivery & Validation, if contracted TYLER CITY TASKS Tyler Executive Manager Tyler Implementation Manager Tyler Project Manager Tyler Implementation Consultant Tyler Data Conversion Experts Tyler Forms & Reports Experts Tyler Modification Programmers Tyler Technical Support Tyler Sales City Executive Sponsor City Steering Committee City Project Manager City Functional Leads City Change Management Leads City Power Users City Department Heads City End Users City Technical Leads City Project Toolset Coordinator City Upgrade Coordinator Develop and deliver contracted modified program(s) A I C I R I C I C I C Test contracted modified program(s) in isolated database I C C A C R C Report discrepancies between specification and delivered contracted modified program(s) I I I A R C C Make corrections to contracted modified program(s) as required A I C I R I C C I 36 / 63 4.4.5 Forms & Reports Validation Tyler provides training on Standard Forms/Reports and the City tests each Standard Form/Report. RACI MATRIX KEY: R = Responsible A = Accountable C = Consulted I = Informed STAGE 3 Forms & Reports Validation TYLER CITY TASKS Tyler Executive Manager Tyler Implementation Manager Tyler Project Manager Tyler Implementation Consultant Tyler Data Conversion Experts Tyler Forms & Reports Experts Tyler Modification Programmers Tyler Technical Support Tyler Sales City Executive Sponsor City Steering Committee City Project Manager City Functional Leads City Change Management Leads City Power Users City Department Heads City End Users City Technical Leads City Project Toolset Coordinator City Upgrade Coordinator Standard Forms & Report training A R I C C I Test Standard Forms & Reports I C C A C R C 37 / 63 4.4.6 Control Point 3: Build & Validate Stage Acceptance Acceptance criteria for this Stage includes all criteria listed below. Advancement to the Final Testing & Training Stage is dependent upon Tyler’s receipt of the Stage Acceptance. 4.4.6.1 Build & Validate Stage Deliverables • Initial data conversion o Objective: Convert Legacy System data into Tyler system. o Scope: Data conversion program complete; deliver converted data for review. o Acceptance criteria: Initial error log available for review. • Data conversion verification document o Objective: Provide instructions to the City to verify converted data for accuracy. o Scope: Provide self-guided instructions to verify specific data components in Tyler system. o Acceptance criteria: City accepts data conversion delivery; City completes data issues log. • Installation of Modifications on the City’s server(s) *except for hosted Cities o Objective: Deliver Modification(s) in Tyler software. o Scope: Program for Modification is complete and available in Tyler software, Modification testing. o Acceptance criteria: Delivery of Modification(s) results in objectives described in the City- signed specification, including successful testing of the modification. • Standard Forms & Reports Delivered o Objective: Provide Standard Forms & Reports for review. o Scope: Installation of all Standard Forms & Reports included in the Agreement. o Acceptance criteria: Standard Forms & Reports available in Tyler software for testing in Stage 4. 4.4.6.2 Build & Validate Stage Acceptance Criteria • Application configuration completed. • Standard Forms & Reports delivered and available for testing in Stage 4. • Data conversions (except final pass) delivered. • Standard 3rd party Data Exchange training provided. • Modifications delivered and available for testing in Stage 4. • The City and Tyler have done a review of primary configuration areas to Validate completeness and readiness for testing and acceptance in Stage 4. 38 / 63 4.5 Final Testing & Training (Stage 4) During Final Testing and Training, Tyler and the City review the final Cutover plan. A critical Project success factor is the City understanding the importance of Final Testing and Training and dedicating the resources required for testing and training efforts in order to ensure a successful Production Cutover. 4.5.1 Cutover Planning City and Tyler project manager(s) discuss final preparations and critical dates for Production Cutover. Tyler delivers a Production Cutover Checklist to outline Cutover tasks to help prepare the City for success. RACI MATRIX KEY: R = Responsible A = Accountable C = Consulted I = Informed STAGE 4 Cutover Planning TYLER CITY TASKS Tyler Executive Manager Tyler Implementation Manager Tyler Project Manager Tyler Implementation Consultant Tyler Data Conversion Experts Tyler Forms & Reports Experts Tyler Modification Programmers Tyler Technical Support Tyler Sales City Executive Sponsor City Steering Committee City Project Manager City Functional Leads City Change Management Leads City Power Users City Department Heads City End Users City Technical Leads City Project Toolset Coordinator City Upgrade Coordinator Cutover Planning Session A R C I C C C C C C Develop Production Cutover Checklist A R C I I C C I I C 39 / 63 4.5.2 User Acceptance Testing (UAT) The City performs User Acceptance Testing to verify software readiness for day-to-day business processing. Tyler provides a Test Plan for users to follow to ensure proper Validation of the system. Additionally, Tyler will provide baseline generic processing test scripts that the City can customize as desired. RACI MATRIX KEY: R = Responsible A = Accountable C = Consulted I = Informed STAGE 4 User Acceptance Testing (UAT) TYLER CITY TASKS Tyler Executive Manager Tyler Implementation Manager Tyler Project Manager Tyler Implementation Consultant Tyler Data Conversion Experts Tyler Forms & Reports Experts Tyler Modification Programmers Tyler Technical Support Tyler Sales City Executive Sponsor City Steering Committee City Project Manager City Functional Leads City Change Management Leads City Power Users City Department Heads City End Users City Technical Leads City Project Toolset Coordinator City Upgrade Coordinator Deliver Test Plan for User Acceptance Testing A R C I I Perform User Acceptance Testing I C A R C C C I I C I Accept modified program(s), if applicable I I I A R C I C C Validate Report performance I C C A C R C 40 / 63 4.5.3 End User Training End Users attend training sessions to learn how to utilize Tyler software. Training focuses primarily on day-to-day City processes that will be delivered via group training, webinar, eLearnings and/or live training sessions. Unless stated otherwise in the Agreement, Tyler provides one occurrence of each scheduled training or implementation topic with up to the maximum number of users as defined in the Agreement, or as otherwise mutually agreed. City users who attended the Tyler sessions may train any City users not able to attend the Tyler sessions or additional sessions may be contracted at the applicable rates for training. RACI MATRIX KEY: R = Responsible A = Accountable C = Consulted I = Informed STAGE 4 End User Training TYLER CITY TASKS Tyler Executive Manager Tyler Implementation Manager Tyler Project Manager Tyler Implementation Consultant Tyler Data Conversion Experts Tyler Forms & Reports Experts Tyler Modification Programmers Tyler Technical Support Tyler Sales City Executive Sponsor City Steering Committee City Project Manager City Functional Leads City Change Management Leads City Power Users City Department Heads City End Users City Technical Leads City Project Toolset Coordinator City Upgrade Coordinator Conduct user training sessions A R C I I I I I Conduct additional End User training sessions I I A C I R I I I I 41 / 63 4.5.4 Control Point 4: Final Testing & Training Stage Acceptance Acceptance criteria for this Stage includes all criteria listed below. Advancement to the Production Cutover Stage is dependent upon Tyler’s receipt of the Stage Acceptance. 4.5.4.1 Final Testing & Training Stage Deliverables • Production Cutover checklist o Objective: Provide a detailed checklist outlining tasks necessary for production Cutover. o Scope: Dates for final conversion, date(s) to cease system processing in Legacy System, date(s) for first processing in Tyler system, contingency plan for processing. o Acceptance criteria: Definition of all pre-production tasks, assignment of owners and establishment of due dates. • User Acceptance Test Plan o Objective: Provide testing steps to guide users through testing business processes in Tyler software. o Scope: Testing steps for Standard business processes. o Acceptance criteria: Testing steps have been provided for Standard business processes. 4.5.4.2 Final Testing & Training Stage Acceptance Criteria • Production Cutover Checklist delivered and reviewed. • Modification(s) tested and accepted, if applicable. • Standard 3rd party Data Exchange programs tested and accepted. • Standard Forms & Reports tested and accepted. • User acceptance testing completed, and accepted • End User training completed, and accepted. 42 / 63 4.6 Production Cutover (Stage 5) City and Tyler resources complete tasks as outlined in the Production Cutover Plan and the City begins processing day-to-day business transactions in the Tyler software. Following Production Cutover, the City transitions to the Tyler support team for ongoing support of the Application. 4.6.1 Final Data Conversion, if applicable The City provides final data extract and Reports from the Legacy System for data conversion and Tyler executes final data conversion. The City may need to manually enter into the Tyler system any data added to the Legacy System after final data extract. RACI MATRIX KEY: R = Responsible A = Accountable C = Consulted I = Informed STAGE 5 Final Data Conversion, if applicable TYLER CITY TASKS Tyler Executive Manager Tyler Implementation Manager Tyler Project Manager Tyler Implementation Consultant Tyler Data Conversion Experts Tyler Forms & Reports Experts Tyler Modification Programmers Tyler Technical Support Tyler Sales City Executive Sponsor City Steering Committee City Project Manager City Functional Leads City Change Management Leads City Power Users City Department Heads City End Users City Technical Leads City Project Toolset Coordinator City Upgrade Coordinator Provide final data extract C I I A C I I I I R Provide final extract balancing Reports I I A C R I Convert and deliver final pass of data A I I R I I I C Validate final pass of data I C C I A C R C Load final conversion pass to Production environment I I I A C I C R 43 / 63 4.6.2 Production Processing & Assistance Tyler staff collaborates with the City during Production Cutover activities. The City transitions to Tyler software for day-to day business processing. RACI MATRIX KEY: R = Responsible A = Accountable C = Consulted I = Informed STAGE 5 Production Processing & Assistance TYLER CITY TASKS Tyler Executive Manager Tyler Implementation Manager Tyler Project Manager Tyler Implementation Consultant Tyler Data Conversion Experts Tyler Forms & Reports Experts Tyler Modification Programmers Tyler Technical Support Tyler Sales City Executive Sponsor City Steering Committee City Project Manager City Functional Leads City Change Management Leads City Power Users City Department Heads City End Users City Technical Leads City Project Toolset Coordinator City Upgrade Coordinator Production processing C C I I A R R R R R R I I Provide production assistance A R C I C C C C C C 44 / 63 4.6.3 Transition to Tyler Support Tyler project manager(s) introduce the City to the Tyler Support team, who provides the City with day-to- day assistance following Production Cutover. RACI MATRIX KEY: R = Responsible A = Accountable C = Consulted I = Informed STAGE 5 Transition to Tyler Support TYLER CITY TASKS Tyler Executive Manager Tyler Implementation Manager Tyler Project Manager Tyler Implementation Consultant Tyler Data Conversion Experts Tyler Forms & Reports Experts Tyler Modification Programmers Tyler Technical Support Tyler Sales City Executive Sponsor City Steering Committee City Project Manager City Functional Leads City Change Management Leads City Power Users City Department Heads City End Users City Technical Leads City Project Toolset Coordinator City Upgrade Coordinator Develop internal support plan I A R C C C C C C C Conduct transfer to Support meeting A I C R C C C C I I C I I 45 / 63 4.6.4 Schedule Post-Production Services, if applicable The City has 320 hours of post-implementation analysis services. The intent of these services is to provide a post-live review of current business practices and to assist the City in adopting new or more efficient business processes. Tyler provides post-production services if included in the Agreement. Prior to scheduling services, the Tyler project manager(s) collaborate with City project manager(s) to identify needs. RACI MATRIX KEY: R = Responsible A = Accountable C = Consulted I = Informed STAGE 5 Schedule Post-Production Services, if applicable TYLER CITY TASKS Tyler Executive Manager Tyler Implementation Manager Tyler Project Manager Tyler Implementation Consultant Tyler Data Conversion Experts Tyler Forms & Reports Experts Tyler Modification Programmers Tyler Technical Support Tyler Sales City Executive Sponsor City Steering Committee City Project Manager City Functional Leads City Change Management Leads City Power Users City Department Heads City End Users City Technical Leads City Project Toolset Coordinator City Upgrade Coordinator Identify topics for post-production services C C A R I C I Schedule services for post-production topics A R I C C I C I 46 / 63 4.6.5 Control Point 5: Production Cutover Stage Acceptance Acceptance criteria for this Stage includes all criteria listed below. Advancement to the Phase/Project Closure Stage is dependent upon Tyler’s receipt of this Stage Acceptance. 4.6.5.1 Production Cutover Stage Deliverables • Final data conversion, if applicable o Objective: Ensure (in Scope) Legacy System data is available in Tyler software in preparation for production processing. o Scope: Final passes of all conversions completed in this Phase. o Acceptance criteria: Data is available in production environment. • Support transition documents o Objective: Define strategy for on-going Tyler support. o Scope: Define support strategy for day-to-day processing, conference call with City Project Manager(s) and Tyler support team, define roles and responsibilities, define methods for contacting support. o Acceptance criteria: the City receives tools to contact support and understands proper support procedures. 4.6.5.2 Production Cutover Stage Acceptance Criteria • Final data conversion(s) delivered. • Processing is being done in Tyler production. • Transition to Tyler support is completed. • Post-live services have been scheduled, if applicable. 47 / 63 4.7 Phase/Project Closure (Stage 6) Project or Phase closure signifies full implementation of all products purchased and encompassed in the Phase or Project. The City moves into the next cycle of their relationship with Tyler (next Phase of implementation or long-term relationship with Tyler Support). 4.7.1 Close Phase/Project The City and Tyler project manager(s) review the list of outstanding Project activities and develop a plan to address them. The Tyler project manager(s) review the Project budget and status of each contract Deliverable with the City project manager(s) prior to closing the Phase or Project. RACI MATRIX KEY: R = Responsible A = Accountable C = Consulted I = Informed STAGE 6 Close Phase/Project TYLER CITY TASKS Tyler Executive Manager Tyler Implementation Manager Tyler Project Manager Tyler Implementation Consultant Tyler Data Conversion Experts Tyler Forms & Reports Experts Tyler Modification Programmers Tyler Technical Support Tyler Sales City Executive Sponsor City Steering Committee City Project Manager City Functional Leads City Change Management Leads City Power Users City Department Heads City End Users City Technical Leads City Project Toolset Coordinator City Upgrade Coordinator Review outstanding Project activities and develop action plan A R C C C I C I C Review Project budget and status of contract Deliverables A R I I C 48 / 63 4.7.2 Control Point 6: Phase/Project Closure Stage Acceptance Acceptance criteria for this Stage includes all criteria listed below. This is the final acceptance for the Phase/Project. 4.7.2.1 Phase/Project Closure Stage Deliverables • Phase/Project reconciliation report o Objective: Provide comparison of contract Scope and Project budget. o Scope: Contract Scope versus actual, analysis of services provided and remaining budget, identify any necessary Change Requests or Project activity. o Acceptance criteria: Acceptance of services and budget analysis and plan for changes, if needed. 4.7.2.2 Phase/Project Closure Stage Acceptance Criteria • Outstanding Phase or Project activities have been documented and assigned. • Phase/final Project budget has been reconciled. • Tyler Deliverables for the Phase/Project are complete. 49 / 63 5 Roles and Responsibilities 5.1 Tyler Roles and Responsibilities Tyler assigns project manager(s) prior to the start of each Phase of the Project. The project manager(s) assign additional Tyler resources as the schedule develops and as needs arise. One person may fill multiple project roles. 5.1.1 Tyler Executive Management • Provides clear direction for Tyler staff on executing on the Project Deliverables to align with satisfying the City’s overall organizational strategy. • Authorizes required project resources. • Resolves all decisions and/or issues not resolved at the implementation management level as part of the escalation process. • Offers additional support to the project team and is able to work with other Tyler department managers in order to escalate and facilitate implementation project tasks and decisions. • Acts as the counterpart to the City’s executive sponsor. 5.1.2 Tyler Implementation Management • Acts as the counterpart to the City steering committee. • Assigns initial Tyler project personnel. • Works to resolve all decisions and/or issues not resolved at the Project Management level as part of the escalation process. • Attends City steering committee meetings as necessary. • Provides support for the project team. • Provides management support for the Project to ensure it is staffed appropriately and staff have necessary resources. • Monitors project progress including progress towards agreed upon goals and objectives. 5.1.3 Tyler Project Manager The Tyler project manager provides oversight of the Project, coordination of resources between departments, management of the project budget and schedule, effective risk and issue management, and is the primary point of contact for all Project related items. • Contract Management o Validates contract compliance throughout the Project. o Ensures Deliverables meet contract requirements. o Acts as primary point of contact for all contract and invoicing questions. o Prepares and presents contract milestone sign-offs for acceptance by City project manager(s). o Coordinates Change Requests, if needed, to ensure proper Scope and budgetary compliance. • Planning 50 / 63 o Update and deliver Implementation Management Plan. o Defines project tasks and resource requirements. o Develops initial project schedule and full scale Project Plan . o Collaborates with City project manager(s) to plan and schedule project timelines to achieve on-time implementation. • Implementation Management o Tightly manages Scope and budget of Project; establishes process and approval matrix with the City to ensure Scope changes and budget planned versus actual are transparent and handled effectively and efficiently. o Establishes and manages a schedule and resource plan that properly supports the Project Plan that is also in balance with Scope/budget. o Establishes risk/issue tracking/reporting process between the City and Tyler and takes all necessary steps to proactively mitigate these items or communicates with transparency to the City any items that may impact the outcomes of the Project. o Collaborates with the City’s project manager(s) to establish key business drivers and success indicators that will help to govern project activities and key decisions to ensure a quality outcome of the project. o Sets a routine communication plan that will aide all project team members, of both the City and Tyler, in understanding the goals, objectives, current status and health of the project. • Team Management o Acts as liaison between project team and Tyler manager(s). o Identifies and coordinates all Tyler resources across all applications, Phases, and activities including development, forms, installation, reports, implementation, and billing. o Provides direction and support to project team. o Builds partnerships among the various stakeholders, negotiating authority to move the Project forward. o Manages the appropriate assignment and timely completion of tasks as defined in the Project Plan, task list, and Production Cutover Checklist. o Assesses team performance and adjusts as necessary. o Interfaces closely with Tyler developers to coordinate program Modification activities. o Coordinates with in Scope 3rd party providers to align activities with ongoing project tasks. 5.1.4 Tyler Implementation Consultant • Completes tasks as assigned by the Tyler project manager(s). • Performs problem solving and troubleshooting. • Follows up on issues identified during sessions. • Documents activities for on site services performed by Tyler. • Provides conversion Validation and error resolution assistance. • Recommends guidance for testing Forms and Reports. • Tests software functionality with the City following configuration. • Assists during Production Cutover process and provides production support until the City transitions to Tyler Support. • Provides product related education. 51 / 63 • Effectively facilitates training sessions and discussions with City and Tyler staff to ensure adequate discussion of the appropriate agenda topics during the allotted time. • Conducts training (configuration, process, conversion Validation) for Power Users and the City’s designated trainers for End Users. • Clearly documents homework tasks with specific due dates and owners, supporting and reconciling with the final Project Plan. • Keeps Tyler project manager(s) proactively apprised of any and all issues which may result in the need for additional training, change in schedule, change in process decisions, or which have the potential to adversely impact the success of the Project prior to taking action. 5.1.5 Tyler Sales • Provide sales background information to Implementation during Project initiation. • Support Sales transition to Implementation. • Provide historical information, as needed, throughout implementation. 5.1.6 Tyler Software Support • Manages incoming City issues via phone, email, and online customer incident portal. • Documents and prioritizes issues in Tyler’s Customer Relationship Management (CRM) system. • Provides issue analysis and general product guidance. • Tracks issues and tickets to timely and effective resolution. • Identifies options for resolving reported issues. • Reports and escalates defects to Tyler Development. • Communicates with the City on the status and resolution of reported issues. 5.1.7 Tyler Systems Management Services • Manages incoming City issues via phone, email, online customer incident portal, and from Software Support. • Provides system support including remote support of City systems, operating systems, network and local printing, and SQL assistance for the systems and platform directly attributable to the Tyler Applications. • Tracks issues and tickets to timely and effective resolution. • Determine root cause and provide solutions or provide direction/escalation to Tyler Development. • Consult on pre-sales in regards to system requirements. • Troubleshoot server and workstaiton issues. • Migrate Tyler Applications and databases to new hardware. • Maintain systems and provide Database and Server Administration. • Provide proactive monitoring of Tyler Application/DB server(s). • Perform server transfers, database analysis, file system cleanup, and backup verification. • Assists with database refreshes, LDAP synchronization, and loading releases. 52 / 63 5.2 City Roles and Responsibilities City resources will be assigned prior to the start of each Phase of the project. One person may be assigned to multiple project roles. 5.2.1 City Executive Sponsor • Provides clear direction for the Project and how the Project applies to the organization’s overall strategy. • Champions the Project at the executive level to secure buy-in. • Authorizes required Project resources. • Resolves all decisions and/or issues not resolved at the City steering committee level as part of the escalation process. • Actively participates in organizational change communications. 5.2.2 City Steering Committee • Works to resolve all decisions and/or issues not resolved at the project manager level as part of the escalation process. • Attends all scheduled steering committee meetings. • Provides support for the project team. • Assists with communicating key project messages throughout the organization. • Prioritizes the project within the organization. • Provides management support for the project to ensure it is staffed appropriately and staff have necessary resources. • Monitors project progress including progress towards agreed upon goals and objectives. • Has the authority to approve or deny changes impacting the following areas: o Cost o Scope o Schedule o Project Goals o City Policies 5.2.3 City Project Manager The City shall assign project manager(s) prior to the start of this Project with overall responsibility and authority to make decisions related to project Scope, scheduling, and task assignment, and communicates decisions and commitments to the Tyler project manager(s) in a timely and efficient manner. When the City project manager(s) do not have the knowledge or authority to make decisions, he or she engages the correct resources from City to participate in discussions and make decisions in a timely fashion to avoid Project delays. • Contract Management o Validates contract compliance throughout the Project. o Ensures invoicing and Deliverables meet contract requirements. o Acts as primary point of contact for all contract and invoicing questions. 53 / 63 o Signs off on contract milestone acknowledgment documents. o Collaborates on and approves Change Requests, if needed, to ensure proper Scope and budgetary compliance. • Planning o Review and acknowledge Implementation Management Plan. o Defines project tasks and resource requirements for City project team. o Collaborates in the development and approval of the initial Project Plan and Project Plan. o Collaborates with Tyler project manager(s) to plan and schedule Project timelines to achieve on-time implementation. • Implementation Management o Tightly manages Project budget and Scope and collaborates with Tyler project manager(s) to establish a process and approval matrix to ensure Scope changes and budget planned versus actual are transparent and handled effectively and efficiently. o Collaborates with Tyler project manager to establish and manage a schedule and resource plan that properly supports the Project Plan, as a whole, that is also in balance with Scope/budget. o Collaborates with Tyler Project manager(s) to establishes risk/issue tracking/reporting process between the City and Tyler and takes all necessary steps to proactively mitigate these items or communicates with transparency to Tyler any items that may impact the outcomes of the Project. o Collaborates with Tyler Project manager(s) to establish key business drivers and success indicators that will help to govern Project activities and key decisions to ensure a quality outcome of the Project. o Routinely communicates with both City staff and Tyler, aiding in the understanding of goals, objectives, current status, and health of the Project by all team members. • Team Management o Acts as liaison between project team and stakeholders. o Identifies and coordinates all City resources across all modules, Phases, and activities including data conversions, forms design, hardware and software installation, reports building, and satisfying invoices. o Provides direction and support to project team. o Builds partnerships among the various stakeholders, negotiating authority to move the Project forward. o Manages the appropriate assignment and timely completion of tasks as defined in the Project Plan, task list, and Production Cutover Checklist. o Assesses team performance and takes corrective action, if needed. o Provides guidance to City technical teams to ensure appropriate response and collaboration with Tyler Technical Support Teams to ensure timely response and appropriate resolution. o Coordinates in Scope 3rd party providers to align activities with ongoing Project tasks. 5.2.4 City Functional Leads • Makes business process change decisions under time sensitive conditions. • Communicates existing business processes and procedures to Tyler consultants. 54 / 63 • Assists in identifying business process changes that may require escalation. • Attends and contributes business process expertise for current/future state analysis sessions. • Identifies and includes additional subject matter experts to participate in Current/Future State Analysis sessions. • Provides business process change support during Power User and End User training. • Completes performance tracking review with City project team on End User competency on trained topics. • Provides Power and End Users with dedicated time to complete required homework tasks. • Act as an ambassador/champion of change for the new process. • Identifies and communicates any additional training needs or scheduling conflicts to City project manager. • Prepares and Validates Forms. • Actively participates in all aspects of the implementation, including, but not limited to, the following key activities: o Task completion o Stakeholder Presentation o Implementation Management Plan development o Schedule development o Maintenance and monitoring of risk register o Escalation of issues o Communication with Tyler project team o Coordination of City resources o Attendance at scheduled sessions o Change Management activities o Modification specification, demonstrations, testing and approval assistance o Conversion Analysis and Verification Assistance o Decentralized End User Training o Process Testing o User Acceptance Testing 5.2.5 City Power Users • Participate in Project activities as required by the project team and project manager(s). • Provide subject matter expertise on City business processes and requirements. • Act as subject matter experts and attend current/future state and validation sessions as needed. • Attend all scheduled training sessions. • Participate in all required post-training processes as needed throughout Project. • Participate in Conversion Validation. • Test all Application configuration to ensure it satisfies business process requirements. • Become Application experts. • Participate in User Acceptance Testing. • Adopt and support changed procedures. • Complete all Deliverables by the due dates defined in the Project Plan. • Demonstrate competency with Tyler products processing prior to Production Cutover. • Provide knowledge transfer to City staff during and after implementation. 55 / 63 5.2.6 City End Users • Attend all scheduled training sessions. • Become proficient in Application functions related to job duties. • Adopt and utilize changed procedures. • Complete all Deliverables by the due dates defined in the Project Plan. • Utilize software to perform job functions at and beyond Production Cutover. 5.2.7 City Technical Support • Coordinates updates and releases with Tyler as needed. • Coordinates the copying of source databases to training/testing databases as needed for training days. • Extracts and transmits conversion data and control reports from City’s Legacy System per the conversion schedule set forth in the Project Plan. • Coordinates and adds new users and printers and other Peripherals as needed. • Validates all users understand log-on process and have necessary permission for all training sessions. • Coordinates Interface development for City third party Data Exchanges. • Develops or assists in creating Reports as needed. • Ensures onsite system hardware meets specifications provided by Tyler. • Assists with software Installation as needed. 5.2.8 City Upgrade Coordinator • Becomes familiar with the Software Upgrade process and required steps. • Becomes familiar with Tyler’s releases and updates. • Utilizes Tyler Community to stay abreast of the latest Tyler releases and updates, as well as the latest helpful tools to manage the City’s Software Upgrade process. • Assists with the Software Upgrade process during implementation. • Manages Software Upgrade activities post-implementation. • Manages Software Upgrade plan activities. • Coordinates Software Upgrade plan activities with City and Tyler resources. • Communicates changes affecting users and department stakeholders. • Obtains department stakeholder sign-offs to upgrade production environment. 5.2.9 City Project Toolset Coordinator • Ensures users have appropriate access to Tyler project toolsets such as Tyler University, Tyler Community, Tyler Product Knowledgebase, SharePoint, etc. • Conducts training on proper use of toolsets. • Validates completion of required assignments using toolsets. 5.2.10 City Change Management Lead • Validates users receive timely and thorough communication regarding process changes. • Provides coaching to supervisors to prepare them to support users through the project changes. 56 / 63 • Identifies the impact areas resulting from project activities and develops a plan to address them proactively. • Identifies areas of resistance and develops a plan to reinforce the change. • Monitors post-production performance and new process adherence. 57 / 63 6 Glossary Word or Term Definition Accountable The person who is ultimately accountable for decisions being made on a task. Application A computer program designed to perform a group of coordinated functions, tasks or activities for the benefit of the user. Build Blueprint A document recording future state decisions intended to allow Tyler to satisfy business needs/requirements during the Build & Validate Stage through configuration and setups to develop the final solution. A means for the City to Validate what was agreed to be in Scope has been Delivered. Business Requirements Document A specification document used to describe City requirements not available through Tyler software functionality, which will lead to a Modification with City acceptance. Change Control A systematic approach for managing change governing how Change Requests will be received, assessed and acted on. Change Management An approach for ensuring that changes are thoroughly and smoothly implemented and that the lasting benefits of change are achieved. The focus is on the global impact of change with an intense focus on people and how individuals and teams move from the current situation to the new one. Change Request A form used as part of the Change Control process whereby changes in the Scope of work, timeline, resources, and/or budget are revised and agreed upon by participating parties. Consulted Anyone who must be consulted with prior to a decision being made and/or the task being completed Consumables Items that are used on a recurring basis, usually by Peripherals. Examples: paper stock or scanner cleaning kits. Control Point Occurring at the end of each Stage, the Control Point serves as a formal City review point. Project progress cannot continue until the City acknowledges the agreed upon Deliverables of the Stage have been met, or agree on an action plan to make the Deliverable acceptable and move to next Stage while executing final steps of current Stage. Data Exchange A term used to reference Imports and Exports, and Interfaces which allow data to be exchanged between an external system and Tyler software. Data Mapping The process of mapping fields from the Legacy System to the appropriate location in the new system from one or more sources. Deliverable A tangible or intangible object/document produced as a result of the Project that is intended to be delivered to a City (either internal or external) or vendor at a specific time. End User The person for whom the software is designed to use on a day-to-day basis. 58 / 63 Forms A document which is typically printed on a template background and only captures data for one record per page. Forms are provided to entity customers whether internal (employees) or external (citizens). Imports and Exports A process within the system that a user is expected to run to consume (Import) or produce (Export) a specifically defined file format/layout. Informed Anyone who will be updated when decisions are made or a task is completed. Install References the initial Installation of software files on City servers and preparing the software for use during configuration. The version currently available for general release will always be used during the initial Install. Interface A real-time or automated exchange of data between two systems. Legacy System The system from which a City is converting. Modification Modification of software program package to provide individual City requirements documented within the Scope of the Agreement. Peripherals An auxiliary device that connects to and works with the computer in some way. Examples: mouse, keyboard, scanner, external drive, microphone, speaker, webcam, and digital camera. Phase A portion of the Project in which specific set of related products are typically implemented. Phases each have an independent start, Production Cutover and closure dates but use the same Implementation Plans as other Phases within the Project. Phases may overlap or be sequential and may have the same Tyler project manager and Tyler project team or different individuals assigned. Power User An experienced City person or group who is (are) an expert(s) in the City business processes, as well as knowledgeable in the requirements and acceptance criteria. Production Cutover The City is using the Tyler software to conduct daily operations. Project The Project includes all implementation activity from Plan & Initiate to Closure for all products, Applications and functionality included in a single Agreement. The Project may be broken down into multiple Phases. Project Plan The Project Plan serves as the master roadmap for the Project. The Project Plan will be the detailed task list of the essential activities to be performed to complete the Project. Each activity will have owner(s), participant(s) if applicable, start date, and due dates. The Project Plan is a living document and will be updated quarterly with the detailed tasks for the next future quarter; only high-level tasks with rough timeframes will be plotted out beyond this. 59 / 63 Project Planning Meeting Occurs during the Plan & Initiate Stage to coordinate with the City project manager to discuss Scope, information needed for project scheduling and resources. RACI A chart describing level of participation by various roles in completing tasks or Deliverables for a Project or process. Also known as a responsibility assignment matrix (RAM) or linear responsibility chart (LRC). Reports Formatted to return information related to multiple records in a structured format. Information is typically presented in both detail and summary form for a user to consume. Responsible The person who will be completing the task. Scope Products and services that are included in the Agreement. Software Upgrade References the act of updating software files to a newer software release. Stage The top-level components of the WBS. Each Stage is repeated for individual Phases of the Project and requires acknowledgement before continuing to the next Stage. Some tasks in the next Stage may begin before the prior Stage is complete. Stakeholder Presentation Representatives of the Tyler implementation team will meet with key City representatives to present high level Project expectations and outline how Tyler and the City can successfully partner to create an environment for a successful implementation. Standard Included in the base software (out of the box) package. Statement of Work (SOW) Document which will provide supporting detail to the Agreement defining Project -specific activities and Deliverables Tyler will provide to the City. Validation (or to validate) The process of testing and approving that a specific Deliverable, process, program or product is working as expected. Work Breakdown Structure (WBS) A hierarchical representation of a Project or Phase broken down into smaller, more manageable components. 60 / 63 7 Munis Conversion Summary 7.1 Accounting COA • Chart of Accounts segments, objects, character codes, project codes (if applicable), organization codes (if applicable), control accounts budget rollups, fund attributes, due to/due from accounts • Requires the use of a Tyler provided spreadsheet for design and entry of the data to be converted 7.2 Accounting - Actuals • Summary account balances • Up to 5 years 7.3 Accounting - Budgets • Original budget, budget adjustments, revised budget summaries for accounts • Up to 5 years 7.4 Accounts Payable Master • Vendor Master file including names, addresses, SSN/FID, contacts, phone numbers, and other information necessary for master file to be complete • Multiple remittance addresses • Year-to-date 1099 amounts 7.5 Accounts Payable - Checks • Check header data including vendor, warrant, check number, check date, overall check amount, GL cash account and clearing information • Check detail data including related document and invoice numbers for each check • Up to 5 years 7.6 Accounts Payable - Invoices • Invoice header data containing general information for the invoice • Invoice detail data containing line-specific information for the invoice • Up to 5 years 7.7 Contracts • Contract header detail with many fields available to convert including fiscal year and period, vendor number, department code, description, enforcement method code, dates for award, 61 / 63 approval, entry and expiration, retention information, user-defined type and review codes, status code, user id for entry and approver. Additional fields are also available. • Contract detail including line item account and amount detail 7.8 Capital Assets Master • Asset description, status, acquisition quantity, date and amount, codes for asset class, subclass, department, custodian, flags for capitalization and depreciation, estimated life, serial number, model, model year, depreciation method, life-to-date depreciation amount, last depreciation date, disposal information (if any), purchase information, if any (vendor, PO, Invoice) 7.9 General Billing CID • Customer information 7.10 Purchase Orders • Open purchase orders header data including vendor, buyer, date, accounting information, etc. • Open purchase orders detail data including line item descriptions, quantities, amounts, etc. 7.11 Project Grant Accounting • Segments, account strings and fund string allocation table • Requires the use of a Tyler provided (Chart of Accounts) spreadsheet for design and entry of the data to be converted 7.12 Payroll - Standard • Payroll Employee Master data including data such as name, address, SSN, legacy employee ID, date of birth, hire date, activity status (such as active/inactive), leave/termination code and date, phone(s), e-address, marital status, gender, race, personnel status (such as full- time, part-time, etc.), highest degree, advice-delivery (print/email/both) and check location, plus primary group, job, location, and account information 7.13 Payroll – Accumulators • YTD, QTD, MTD amounts for employee pay and deductions • Needed for mid-calendar-year go-live • May not be needed if converting earnings/deductions history • Up to 5 years 7.14 Payroll – Check History • Additional years must be quoted. We convert amounts for earnings and deductions in employee check history, check number and date. 62 / 63 • Up to 5 years 7.15 Payroll – Earning/Deduction Hist. • Additional years must be quoted. Earning and deduction history broken down my individual codes (earnings and deduction) and amounts per pay period, the detail of these lines, sums the check history in opt 4. • Up to 5 years 7.16 Payroll – PM Action History • A variety of Personnel actions, such as job or salary changes and dates these events occurred. • Up to 5 years 7.17 Payroll – State Retirement Tables • Specific state-required data, plus related service years information, when appropriate • Needed for some states 7.18 Utility Billing - Standard • Account Master data including previous and current customer owner information- address info, phone, fax, SSN number, FID number, account status, parcel number, location street, apartment, city, state, zip, book number, read sequence, account start and end date, EFT bank information, notes 7.19 Utility Billing –Backflow • Account information, backflow device information, backflow type, and backflow violations 7.20 Utility Billing –Service Orders • Service Orders data associated with accounts, including meter repairs, checks for leaky meter, reread a meter due to high reading 7.21 Utility Billing –Balance Forward AR • Total balance due on the account, or by charge code • If late penalties will be applied in Munis after the conversion, balance forward amounts must be converted by charge code 7.22 Utility Billing –Consumption History • History of meter readings, usage, read dates, usage days, bill amounts, bill dates, read codes • Up to 5 years 63 / 63 7.23 Utility Billing –Assessments • Assessments are improvement costs that are spread across to property owner • Utility Billing conversion option 4 (balance forward AR) must also be purchased in order to convert assessments 7.24 Utility Billing –Services • Service data for each account including service codes, status, type, factor, condo units, bill cycle codes, budget information, winter usage, meter readings( current and previous), meter usage (current and previous), sales tax information 1 Confidential and Proprietary Information. All Rights Reserved. © Tyler Technologies 201 8 Rev.10 MUNIS® APPLICATION INTERFACES Tyler Technologies is committed to providing our clients with the most comprehensive, versatile and easy-to-use solutions possible. As part of this commitment, Tyler’s Munis® solution includes numerous integration points for your convenience—completely free of charge. This means your staff benefits from the use of standardized, time-tested integration points that are readily available and already used by hundreds of Munis clients. Tyler has heavily embraced web services as the future of application architecture and integration with other applications using industry standards. Munis includes a robust and growing library of XML web services and leverages them for real time integration with third party systems through “plug and play” interfaces. Setting up an application interface within Munis is as simple as opening an application screen and entering a few settings specific to that interface. Tyler develops and maintains all application interface clients, saving clients from worrying about APIs that require development skillsets, and maintenance any time a system changes. This includes all state and federally mandated interfaces included as part of every clients’ maintenance agreement. Tyler regularly works with state governments and vendors as they develop strategies for sharing/obtaining information with public sector local governments via XML and web services to ensure our products comply with these specifications as they are introduced and continue to meet our clients’ changing needs. Munis includes several file-based interfaces which are performed using integrated Munis applications and geared towards end users rather than IT staff. Rather than needing your database administrator to import or export data directly to or from the system, most file-based interfaces include the ability to define and choose from interface templates. These templates define the order and type of data being interfaced so files don’t need to be in a “Munis format” and instead allows users to choose the appropriate template for the system being integrated with. Munis also includes interface templates for commonly used third- party systems out of the box. Munis import applications import data into a verification table within the database which then processes any applicable workflow rules. Munis Workflow can be configured to notify or require approval based on any number of business rules specific to the data imported. Business rules can be set on a variety of data conditions including whether data brings an account over budget, is over a certain dollar amount, or affects a specific department, commodity, or object code. After all workflow actions have been approved, the imported data is then moved into production database tables. Depending on the process, imports can 2 Confidential and Proprietary Information. All Rights Reserved. © Tyler Technologies 201 8 Rev.10 also be rejected at the item or file level, and rejected imports can be resubmitted at any time. Imports and exports can be scheduled for a one-time occurrence or recurring, automated occurrences. In addition, nearly every application can export the current record set to Microsoft Excel or Microsoft Word. Common Integration Options Below is an overview, by module, of the most common standard Munis integration options. These are provided out-of-the-box to you, and are generally accepted by leading third-party providers most often used by Munis ERP users. Entity Direction Flat File XML File Web Service Accounts Payable & Purchasing AP Invoices Inbound • P-Card Transactions1 Inbound • • Requisitions Inbound • • Vendors Inbound • Accounts Receivable & General Billing GB Invoices Inbound • • • Miscellaneous Payments Inbound • • Payments Inbound • • General Ledger Journals Inbound • • • Journals Outbound • Payroll/HR New Hires Inbound • Position Inbound • Personnel Actions Outbound • • Time Entry Inbound • Interface option available. [1] Version 2017.1 and higher. Common Integration Descriptions Accounts Payable and Purchasing AP Invoice Import This integration point allows payments that were generated in third party systems to be imported into Munis so checks can be generated from the Munis Accounts Payable module. This integration supports site definable file layouts so sites can define their own custom layouts per third party requirements. AP Invoice Import also supports payments to one-time pay vendors to reimburse non-vendor entities. P-Card Import This integration point allows p-card transactions to be imported from a bank’s credit card system. Once imported the transactions can be routed to the individual p-card holders where an end user can attach receipts, allocate to multiple GL Accounts, and do other necessary maintenance prior to routing for 3 Confidential and Proprietary Information. All Rights Reserved. © Tyler Technologies 201 8 Rev.10 approvals. Once completed the p-card transaction will be reflected on the vendor’s purchasing history of where the purchase took place. Requisition Import This integration point allows requisitions to be imported from third party systems. Imported requisitions can either be for warehouse requests to deliver inventory or for the direct purchase of items. Once imported, the requisition will behave as any other natively entered Munis requisition. Requisition imports can be processed as a file based import, or real time using web services. Vendor Import This integration point allows vendors to be imported from third party systems. The primary purpose of this is for the synchronization of vendors between Munis and third party systems. Accounts Receivable and General Billing GB Invoice Import This integration point provides the ability to import a large number of General Billing invoices produced external to Munis. The process that produces this set of invoices must format the data in the specified file format. The produced file is then processed into Munis through Invoice Import by selecting the produced file as the import file. Flat file and web service options exist. Miscellaneous Payments Import This integration point provides the ability to import miscellaneous payments that have been collected outside of Munis for posting to the Munis General Ledger. The miscellaneous import file must be formatted as defined in the provided layout. The produced file is then processed into Munis through Miscellaneous Payment Import by selecting the produced file as the import file. Flat file and web service options exist. Payment Import (Lockbox) This integration point provides the ability to import a large number of payments received from a bank or other external agency. A bank or other external agency will format their payment information into the specified file format layout. When the file is received, the lockbox file will be processed into Munis through the Lockbox Processing program. The lockbox layouts provide for payments for pr operties or specific bills of any category. The lockbox file must be formatted as defined in the provided layouts. NACHA layout supported. General Ledger Journal Import This integration point provides the ability to import journals that impact the General Ledger. It is most used to import transactions from third party products or during the implementation of Munis when a client has gone live on Financials but is not yet live on other Munis modules. Standard flat file and Excel formats exist, both of which can be scheduled to run at a regular interval. There is also the ability to create user defined formats for both flat files and Excel files. A web service option also exists. 4 Confidential and Proprietary Information. All Rights Reserved. © Tyler Technologies 201 8 Rev.10 Journal Export This integration point provides the ability to export journals that have been posted to the General Ledger. This interface is most commonly used to export transactions to other products or reporting tools. Standard flat file and Excel formats exist and the ability to create user defined formats for both flat files and Excel files. Payroll/HR New Hire Import The New Hire Import is used to create New Hire Personnel Action records within the Munis Human Resources module where the hiring decision has already been made. The import is a flat file import that can be customized based on the file layout. Personnel Actions Export The Personnel Actions Export’s primary integration is with TylerForms to produce a Personnel Action Form (PAF). This export is an XML output and TylerForms can take that data to produce a custom form based on our client’s needs. The form is also archived to TCM eliminating the need for paper forms in many cases. Position Import Position Control is an integral part of the Munis HR/Payroll solution. The ability to import position control records is particularly important when developing staffing scenarios and there is a desire to work through scenarios in Excel or a third-party application. The import works off a form definition and can import delimited and fixed length flat files. Time Entry Import The Time Entry Import is designed to offer a flexible and easily configurable tool that allows for import of employee time entry information. This program is often used to integrate with substitute tracking and time keeping software and allows the user to configure the import to define the columns to import and where they are in the file. Our clients also can use this program to import time entry records from an Excel spreadsheet. 5 Confidential and Proprietary Information. All Rights Reserved. © Tyler Technologies 201 8 Rev.10 All Munis Integration Options Below is a comprehensive listing of all relevant integration options currently available within the Munis solution through V 2017.1, by module. All listed interfaces are included in your Munis solution, and provided at no additional cost to you. Please contact your Munis sales account representative for more information. Entity Direction Flat File XML File Web Service Accounts Payable 1099-G Outbound • 1099-INT Outbound • 1099-MISC Outbound • 1099-S Outbound • AP Checks Inbound / Outbound • AP Checks – Bank Reconciliation Outbound • AP Checks – Positive Pay Inbound • AP Invoices Inbound / Outbound • Direct deposit NACHA file format Outbound • P-Card Transactions1 Inbound • • Vendors Inbound • Accounts Receivable Miscellaneous Payments Inbound • • Late Fee Inbound • Bill Refund Outbound • Bill Refund Check Inbound • Delinquent Letter/Balance Outbound • Payments Inbound / Outbound • • Zip Codes Inbound / Outbound • Budget Budget Projection Inbound • Capital Assets Asset Inventory Checking for BMI Inbound • Capital Assets Inbound • • Capital Assets Outbound • General Billing Invoices Inbound • • • Account Statements Outbound • • Loans Outbound • • Invoice Print Outbound • • Statement Prints Outbound • • Incidents (CAD) Inbound • Miscellaneous Payments Inbound • General Ledger Accounts2 Inbound • Journals Inbound Inbound • • • Journals Outbound Outbound • Human Resources • 6 Confidential and Proprietary Information. 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[2] Excel format supported. 1 STAFF REPORT AGENDA NO: MEETING DATE: October 15, 2018 To: Honorable Mayor and City Council Date: October 15, 2018 From: Carol Augustine – (650) 558-7222 Subject: Update on Long-Term Unfunded Post-Employment Liabilities and Options RECOMMENDATION Staff recommends that the City Council review and discuss options and future strategies for pre- funding the City’s pension and retiree medical obligations. BACKGROUND The City of Burlingame offers its permanent employees a defined benefit pension plan that is administered by CalPERS (California Public Employees’ Retirement System). Pension benefits are funded by employer and employee contributions and by investment earnings on those contributions. Annually, CalPERS provides actuarial valuation reports to provide information on employer rate contributions for a specific year, as well as projections for future years. Additionally, the reports provide the funded status, any changes in benefits, and changes in amortization basis. Burlingame has four plans that cover Miscellaneous and Safety (Police employees). This encompasses both classic members and PEPRA members. To the extent that future payment obligations exceed the present value of funds set aside to pay them, the plans represent an unfunded liability to the employer. The City’s unfunded pension liability as of CalPERS’ most recent report (valuation date of June 30, 2017) is $63.7 million. The City of Burlingame administers its own Retiree Healthcare Plan, which is a defined benefit plan. The benefits provided under the plan are referred to as Other Post-Employment Benefits (OPEB). Although retiree medical benefits have been reduced significantly in recent years, employees hired prior to the introduction of tiered levels of benefits (beginning in 2008) were employed under a plan that offered life-time medical benefits to eligible retirees and dependents. The City’s plan was funded on a pay-as-you-go basis until the establishment of a trust account with the CalPERS California Employers’ Retiree Benefit Trust (CERBT) Program. Since the initial $6.6 million contribution to the CERBT fund in October 2013, the fund has grown to a current balance of nearly $17 million. The City’s net OPEB liability as of the most recent actuarial report (valuation date of June 30, 2017) is $38.9 million. Options for funding the City’s long-term employer liabilities have been part of Burlingame’s budget considerations for many years. As an essential element in the maintenance of fiscal sustainability, the City has taken steps to identify, appraise, mitigate, manage, and fund both Update on Pension and OPEB Liabilities October 15, 2018 2 pension and OPEB benefits as prudently as possible and in the context of other demands on the City’s fiscal resources. DISCUSSION CALPERS PENSION LIABILITIES As with all pension plans, CalPERS Pension benefits are funded by employer and employee contributions and by investment earnings on those contributions. Numerous actuarial assumptions, including demographic assumptions about employee and retiree populations (e.g., life expectancy, length of service, retirement age, disability), and economic assumptions (future salary increases and investment returns), are used to determine pension liabilities and the funding required for payment of pension benefits. The most critical assumption in attaining full funding goals is the rate of return on investments held by the CalPERS trusts. To the extent the annual rate of return (ROR) is actually attained, funding of the pension obligations would be derived 66 percent from investment gains and 34 percent from contributions. If the assumed rate of return is not realized, then contributions from employers will have to increase, as employee contribution increases are largely limited by Public Employee Retirement Law. The volatility of investment earnings in recent years has been a significant contributor to the required employer contribution. There are two components contained within the actuarial valuations for the employer portion of the pension contributions: the service cost and the unfunded accrued liability (UAL). • Service Cost – previously referred to as “Normal Cost”, this reflects a rate of contribution for the plan of retirement benefits provided to current employees for present-day services. This is billed as a percentage of payroll throughout the year. • Unfunded Accrued Liability (UAL) – CalPERS calculates this annual payment to pay down an agency’s unfunded accrued pension liability for current and inactive employees’ past services. Presumably, an organization would eliminate its unfunded pension liability if it made these payments annually for 30 years. However, each year a new assumption or a gain/loss may be added to the amortization basis. This is billed in a dollar amount, and can be paid annually (at the beginning of the fiscal year), or in monthly installments with an interest component. As a result of the significant financial losses to public pension plans during the recession, unfunded liabilities soared, and CalPERS’ required employer contributions increased significantly. The 2013 California Public Employees’ Pension Reform Act (PEPRA) was designed to address a wide range of issues involving public employee pensions that threatened the financial sustainability of these plans. PEPRA’s key provisions created a reduced tier of benefits for new employees. As such, PEPRA reforms will not provide material short-term savings, but will result in savings in the long run as new employees are hired to replace existing (Classic) members. The charts below show Burlingame’s employer contributions to the City’s Miscellaneous and Safety pension plans over the past five years. Employer contribution rates in the current fiscal year are approximately 26.0 percent and 50.4 percent (equating to a cost of $4.1 million and $2.6 Update on Pension and OPEB Liabilities October 15, 2018 3 million), respectively. These costs are offset somewhat by employee contributions to the required employer’s CalPERS contribution. In addition to the employee’s 8 percent regular contribution for Miscellaneous and 9 percent for Safety, Miscellaneous Classic members pay an additional 1.5 percent toward the employer’s contribution, and Safety Classic members pay an additional 4 percent. 17.2% 19.9%21.1% 22.9%23.0% 10.1%10.4%10.4%11.2%10.7% 7.1% 9.5%10.7%11.6%12.3% 0.0% 5.0% 10.0% 15.0% 20.0% 25.0% 2013-14 2014-15 2015-16 2016-17 2017-18 City of Burlingame -Miscellaneous Plan Employer Contributions as a % of Payroll For the Last 5 Years Total Normal Cost UAL Payment 27.1%28.8% 36.1% 39.8% 43.2% 20.3%19.1%19.5%20.7%19.9% 6.8% 9.7% 16.6%19.1% 23.3% 0.0% 10.0% 20.0% 30.0% 40.0% 50.0% 2013-14 2014-15 2015-16 2016-17 2017-18 City of Burlingame -Safety Plan Employer Contributions as a % of Payroll For the Last 5 Years Total Normal Cost UAL Payment Update on Pension and OPEB Liabilities October 15, 2018 4 While complying with PEPRA, CalPERS has also adopted many changes in the way its rates are calculated, all intended to assure the pension fund’s sustainability. In the past several years, these changes have included the reduction in the discount rate from 7.75 percent to 7.50 percent and now to 7.0 percent, changes to the methodology for the amortization and smoothing of rates, and the changes in demographic assumptions, primarily related to life expectancy. All of these changes have an impact on the City’s employer rates; increases are projected in CalPERS rates throughout the City’s five-year forecast and beyond. The most recent actuarial study of Burlingame’s pension obligations (valuation date of June 30, 2017) shows employer-required contributions as a percentage of pay peaking at 39.8 percent in 10 years for the Miscellaneous Plan, and at 83.7 percent in 14 years for the Safety Plan. City of Burlingame Miscellaneous Plan Update on Pension and OPEB Liabilities October 15, 2018 5 It is unlikely that the City’s General Fund revenue growth will be able to keep up with these increases. Currently, in fiscal Year 2018-19, the required employer pension contribution for the General Fund is $5.4 million, net of the employee’s’ cost sharing, representing 9.3 percent of the General Fund’s operating budget. In fiscal year 2022-23, the last in the City’s most recent five- year projection, the percentage of General Fund operating budget committed to paying the required pension cost is anticipated to climb to 12.1 percent (approximately $9.3 million). And employer contribution rates, as a percentage of payroll, will still be far from their projected peaks for both plans. in order to set aside funds to cover the escalating CalPERS rates anticipated in the next 10-15 years, the City Council established a § 115 Pension Trust in October 2017. Contributions to the trust fund, which is administered by Public Agency Retirement Services (PARS), cannot be recorded as expenditures of the City, as the fund is considered to be a City asset. However, the trust fund balance is reflected as “restricted” fund balance for financial reporting purposes. Contributions of over $4.7 million were made from the City’s various operating funds for this purpose in the fiscal year ended June 30, 2018, and an additional contribution of nearly $3.4 million was made for the current fiscal year. The balance of the § 115 Trust was $8,343,766 as of August 31, 2018, representing an annual rate of return of 3.4 percent since inception. The intent is to set aside funds for draw-down in budget years where the required employer contributions exceed the threshold amounts established – 37.7 percent for the Miscellaneous and 76.9 percent for the Safety Plans, respectively. Again, these contributions do not serve to reduce the City’s unfunded liabilities with CalPERS. Rather, they are intended to reduce the budgetary impact of increasing employer contributions City of Burlingame Safety Plan Update on Pension and OPEB Liabilities October 15, 2018 6 that are anticipated in the future. It is anticipated that the City will begin to draw down funds set aside in fiscal year 2026-27. Per the June 30, 2017 actuarial valuation date, the City’s Miscellaneous Plan is 73.7 percent funded, and the Safety Plan is 70.8 percent funded. These funded ratios will likely stay at these levels as the new assumptions related to discount rates and amortization periods begin to impact (increase) pension liabilities at a greater rate than employer contributions are increased. In fact, even under the accelerated funding that results from ever higher employer contribution rates, both plans are not projected to reach full funding status until fiscal year 2040-41. Alternative Pre-Funding Mechanisms – Pension Liabilities Once the City established a systematic funding methodology for the amount of employer contribution to the PARS Post-Employment Benefits Trust last year, the City reviewed the various pre-funding mechanisms available from CalPERS: 1. Make additional pension payments directly to CalPERS – CalPERS recommends this option for agencies that wish to minimize interest costs related to future liabilities. Of course, the options for accelerated funding of the CalPERS liabilities are only applicable to agencies that are not currently struggling to meet current and ongoing service obligations. The City has consulted its CalPERS actuary to develop these available options: • Fresh Start /Partial Fresh Start Program. CalPERS recommends agencies accelerate their pension payments for unfunded liabilities to minimize interest costs related to future liabilities. This Fresh Start approach advocated by CalPERS requires paying off the unfunded actuarial liability (UAL) faster than the existing schedule in order to realize a new, higher minimum UAL payment. The Current Amortization Schedule typically contains individual bases that are both positive and negative. (The “Schedule of Amortization Bases” from both the Miscellaneous and Safety Plans are shown on the next page.) Positive bases result from plan changes, assumption changes, or plan experience that result in increases to unfunded liability. Negative bases result from plan changes, assumption changes, or plan experience that result in decreases to unfunded liability. Under a Fresh Start option, the entire UAL would be collapsed into a single base and amortized over a fixed period of years; the fixed period is chosen by the agency but cannot result in amortization payments less than the original schedule. The unfunded liability gap would be closed in that specific number of years. The Amortization Schedule and Alternatives provided from CalPERS for the both the Miscellaneous and Safety Plans can be viewed as examples (other alternatives are available.) For example, the City would save over $9.3 million in interest by opting for a 15-year amortization and nearly $19.4 million with the 10-year amortization of its Miscellaneous Plan liabilities. In the case of the Police Safety tier (Classic members), savings of $507,000 would be realized with the choice of a 20-year amortization, while over $9 million would be saved with the alternative 15-year amortization. The problem with the Fresh Start option is that the City would be obligated to the shorter duration of the amortization regardless of the fiscal circumstances, such as an economic downturn, that Update on Pension and OPEB Liabilities October 15, 2018 7 may occur in the future. A Partial Fresh Start would allow the City to apply the payment to specific UAL bases only. (See details of the current UAL bases, amortized over a period of 10-30 years, below.) Paying down the shortest bases will have the largest immediate impact on the City’s future contribution requirements, while paying down the longest bases will save the most in interest over the long-term. Both options lead to additional contributions for a shorter period, improve stability of contributions over time, improve the funded status of the plan over time, and save money over the long-term when compared to the “baseline” of projected CalPERS employer contributions. However, once elected, the fresh start programs cannot be undone – the new (required) UAL payment schedule remains in place regardless of the City’s funding availability. Therefore, prior to participating in these options, agencies must be able to identify available revenues to make the accelerated payments. • Additional Discretionary Payments (ADP). Additional amounts (over the required employer contributions/baseline) may also be sent directly to CalPERS. The payment can be applied to any UAL base desired, but no changes in the UAL amortization periods are made, so no new required payment schedule is involved. Although less future interest savings will be realized, electing to pay the unfunded liability on a discretionary basis preserves the City’s budget flexibility in the event of an economic downturn. Update on Pension and OPEB Liabilities October 15, 2018 8 2. Borrow from the General Fund – If funding is available, there is always the option to use unassigned reserves from the General Fund to accelerate pension payments. Similar to the Fresh Start approach described above, the City could use available General Fund balance to make accelerated pension payments directly to CalPERS. Although the additional payments would reduce the overall interest paid, anticipated repayment through interest savings (from all funds) is uncertain. As with all direct payments to CalPERS, funds are subject to CalPERS investment volatility. Burlingame’s General Fund unassigned fund balance was approximately $12.0 million at the end of the 2017-18 fiscal year. However, given the size of its unfunded obligations, the City’s unallocated reserves would be quickly depleted if accelerated payments were to have any significant impact on long-term costs. The unassigned fund balance reflects funds that are readily available and can be utilized at Council’s discretion to address any number of unforeseen events or opportunities. 3. Internal Reserve – Placing funds in an internal reserve provides maximum flexibility to the City, as both the sources and uses of the funds are not set in stone. However, investments would be limited to the same restricted type of portfolio that is used for governmental funds, providing fewer interest earnings than if invested in a higher yield, higher duration portfolio. This is why the City sought to invest in the PARS § 115 trust (see option 4). In addition, the accumulated assets would not offset the City’s pension liabilities, as the funds could be redirected at any time. 4. Section 115 Trust – Funds placed in an irrevocable pension supplemental Section 115 Trust are restricted in use solely for pension obligations. Because this option allows the possibility of higher investment returns than can be realized with the City’s regular portfolio, provides flexibility in the timing and investment allocations, and acts as a buffer to the very high employer contribution requirements anticipated in future operating budgets, the City Council chose this option as noted in the Background section of this report. Utilizing the most recent Update on Pension and OPEB Liabilities October 15, 2018 9 actuarial valuations available, the trust fund was initially envisioned to be funded and depleted within the next 15 years, with the same anticipated funding status as would have been achieved by paying at the required employer contribution (baseline) rate. However, additional funding to the trust could be used to protect against further reductions in the assumed discount rate, lower-than-anticipated earnings on CalPERS investments, and other assumption changes that would serve to increase the City’s pension liabilities. In addition to supplementing employer contributions in future years, if conditions warrant, funds accumulated in the trust account can also be used for discretionary payments to CalPERS. As with employee cost-sharing arrangements, the trust fund does not reduce the City’s pension liabilities, but assists the City in making future required employer contributions to CalPERS. Any of the above funding mechanisms would solidify the City’s AA credit rating by demonstrating proactive action in meeting its long-term pension obligations. Note that while Pension Obligation Bonds (POBs) are often touted as an option to reduce unfunded pension obligations, the City already has pension obligation bonds outstanding from a September 2006 issuance of close to $33 million. Outstanding principal on the bonds is $8,970,000 as of July 1, 2019. Because of the way the issuance was structured, debt service payments dropped significantly (over $2.8 million) beginning with this fiscal year, in part allowing the funds necessary to contribute to the PARS § 115 Trust Fund. While an analysis of the issuance performed by Bartel Associates last year concluded that the estimated reduction in CalPERS contributions is greater than the POB debt service thus far, there is no guarantee that this positive arbitrage will continue. The POBs have put a severe limitation on the City’s debt capacity for the past ten years, a situation that the City would not want to replicate. Note that for purposes of this report, the debt service on the City’s outstanding POBs is not considered as 0 5 10 15 20 25 16/17 17/18 18/19 (at 8/30/18) 19/20 20/21 21/22 22/23 23/24 24/25 25/26MillionsCity of Burlingame PARS 115 Trust for Pension Prefunding Trust Fund Balance Contribution to PARS 115 Trust Update on Pension and OPEB Liabilities October 15, 2018 10 pension expenses; the principal has already served to pay off side funds and reduce the pension liabilities with CalPERS. To date, the City has focused on smoothing out its pension expense in upcoming years to avoid the very high cash outlays for pension costs that are projected as a result of the reduction in the CalPERS discount rate assumption. Immediately establishing the Section 115 Trust was especially important for the General Fund, which faces significant demands on its resources and is most sensitive to swings in its tax revenue sources. However, as noted in the discussions of the various funding mechanisms available, it may be prudent to incorporate other options into the City’s pension strategy so as to more efficiently amortize the City’s UAL balance with CalPERS and realize long-term savings from interest on these significant liabilities. Recent changes in CalPERS pension fund investment strategies (see attached Strategic Asset Allocation/CalPERS Historical Allocation chart) should provide less volatile portfolio earnings, which are more likely to achieve the assumed discount rate over time. As such, payments directed to specific amortization bases of the City’s plan with CalPERS would provide the surest pension cost savings. Recognizing that the largest variable is the adequacy of the City’s future revenue streams, staff will continue working with its actuary and CalPERS to determine what further strategies would maximize interest savings. Although a Fresh Start for both plans will probably not be proposed, shortening the amortization schedule for the Safety Plan to 15 years would require a commitment of up to $750,000 annually over the current amortization plan. This might appear to be a reasonable debt to take on, considering the $9 million of interest savings in the long-term. However, required contributions on the City’s Safety Plan are already projected to rise to over $3 million (from the $1.43 million UAL payment required for the current fiscal year). Additional discretionary payments directed to amortization schedules of over 15 years would make significant headway in paying down the City’s unfunded pension liabilities, and allow the City the most flexibility, while still providing some actual and immediately reportable reduction in these liabilities with CalPERS. The Council may direct staff to set aside more funds toward the PARS pension stabilization fund for future-year retirement impacts, or direct staff to pursue paying down certain tiers of the UAL to reduce pension liabilities and the on-going interest associated with these long-term obligations. Such strategies may or may not include the use of unassigned General Fund reserves. Miscellaneous Safety Total Actuarial Accrued Liability 141.5 90.7 232.2 Market Value of Assets 104.3 64.2 168.5 Unfunded AAL 37.2 26.5 63.7 Funded Ratio 73.7%70.8%72.6% *Based on 6/30/17 actuarial valuation from CalPERS (discount rate = 7.25%) City of Burlingame Unfunded Actuarial Accrued Liability (millions) Update on Pension and OPEB Liabilities October 15, 2018 11 RETIREE MEDICAL OBLIGATIONS (OPEB) Since October 2013, the City has participated in the CalPERS California Employers’ Retiree Benefit Trust (CERBT) Program. The CERBT Program was selected after requesting proposals from potential OPEB trust administrators. Staff recommended the program based on the ability of CalPERS to provide professional investment management for an appropriate return at a much lower overall cost than the other proposers. Prior to the CERBT program, the City paid plan benefits on a pay-as-you-go basis. Placing the funds in a qualified trust has significantly decreased both the City’s unfunded liability and its ongoing normal (annual) costs by increasing the yield assumption earned within the fund. The initial contribution to the program was $6.6 million, an amount that had been held in reserve pending the establishment of a qualified funding mechanism. For accounting purposes, an internal service fund (ISF) for retiree medical benefits was established in fiscal year 2014-15 for the purpose of recovering the ongoing normal costs of the benefits plan via a “surcharge” on payroll costs. Since that time, funding of retiree medical liabilities has been included as departmental expenses in the City’s annual operating budgets. The total budget for OPEB plans is approximately $5 million for the current fiscal year. As with the City’s pension obligations, OPEB costs are composed of service (current) costs and an amortization of the Unfunded Accrued Liability (UAL) – previously incurred costs. Currently, about one-third of the City’s OPEB costs are service costs attributable to current workers. However, as this is a closed system (limited to most retirees and current employees hired prior to Tier 3 Benefits implementation), service costs should level out and eventually decrease as employees covered under the more robust (Tier 1 and Tier 2) retiree medical benefits plan retire, and are replaced with new workers. The most recent Valuation Report (prepared by Precision Actuarial, Inc. with a valuation date as of June 30, 2017) confirms that amortization of prior year costs will increase slightly until the plan is completely funded in 2034. As of the June 30, 2017 measurement date, the Fiduciary Net Position (assets in the trust) as a percentage of the total OPEB liability was 26.65 percent. As with the City’s pension obligations, numerous actuarial assumptions are needed to be able to quantify OPEB obligations and the contribution necessary to achieve the plan’s funding goals. Although the actuary has all the necessary employee data needed, these assumptions (including age of retirement, health care costs, return on investments, and morbidity rates) must be periodically reviewed to ensure a proper valuation. A complete actuarial study of the plan is needed every two years for financial statement purposes. Update on Pension and OPEB Liabilities October 15, 2018 12 CERBT offers three choices of funds, utilizing differing investment (asset allocation) strategies with distinctly different expected long-term rates of investment return and investment return volatility. Because Burlingame is still just beginning to fund its OPEB plan, the City continues to utilize asset allocation strategy 1, which has the highest expected long-term rate of return (7.59%). As the City becomes more heavily invested, and as cash flow needs change, a more conservative investment strategy might be appropriate. Once the City begins to rely on withdrawing trust funds to make benefit payments, the investment strategy will most likely move to the most conservative strategy available at that time. In the near term, however, the City’s interests are focused on growing an initial asset base with low investment and management expenses that will provide a higher rate of return, justifying a higher discount rate for the funding of its OPEB obligations. The City actually uses a more conservative discount rate (7.28%) in its bi-annual actuarial determination of future contributions to the trust fund, to protect against shortages in the trust in later funding years. Update on Pension and OPEB Liabilities October 15, 2018 13 In October 2016, staff reviewed and evaluated the performance of the CERBT Trust Account for funding the City’s retiree medical obligations in comparison to the other major OPEB Trust administrator, PARS. Making comparisons between the various investment returns and costs of different trust vehicles is difficult because the funding mechanisms vary as to asset allocations. Strategies for portfolios that call for a higher percentage of equities seek higher investment returns (but assume more risk) compared with those invested in a higher percentage of bonds. However, staff was able to compare the CERBT performance with the similar trust fund administered by PARS, and concluded that, although the performances of both vehicles were within a fairly narrow range, investment fees were lower for the CERBT portfolio. With lower administrative costs, more of the City’s funding was available to offset its OPEB liabilities. On September 26th, CERBT representatives provided their fifth annual update, reporting that the average annualized internal rate of return since the inception of the City’s trust account through August 31, 2018 was 7.05%. As shown in the table below, over the years the portfolio has been able to closely match its benchmark, indicating that funds are being invested in close alignment with the City’s preferred strategy. (The CERBT Strategy 1 benchmark is a composite of underlying asset class market indices, each assigned the target weight for the asset class it represents.) Update on Pension and OPEB Liabilities October 15, 2018 14 In its Comprehensive Annual Financial Report for the fiscal year ended June 30, 2018, currently under audit and compilation, the City will report its OPEB obligations in compliance with GASB Statement No. 75 – Accounting and Financial Reporting for Postemployment Benefits Other Than Pensions, which established standards for OPEB that are provided to the employees of state and local governmental employers. Under GASB 75, accounting and reporting is very similar to that now required for government pensions, in that employers must disclose the Net OPEB Liability (NOL) on the plan sponsor’s balance sheet, and recognize OPEB expenses in the financial statements. Prior to GASB 75, unfunded actuarial accrued liabilities were largely recorded in the Notes to the Financial Statements. These reporting changes were meant to create greater transparency and provide standardization of record keeping. Update on Pension and OPEB Liabilities October 15, 2018 15 Additional Future Strategies – OPEB Liabilities The City long ago took steps to rein in the costs of its defined-benefit OPEB program and provide for its long-term sustainability. Most significantly, new tiers of retiree medical benefits took effect for all labor groups prior to the end of the 2012-13 fiscal year. The following fiscal year, the trust fund was established with a contribution of $6.6 million, which had been reserved for the purpose of funding existing and future obligations under the plan. Staff is satisfied that the CERBT program is providing the returns appropriate for the level of risk assumed in the City’s selected investment strategy, and will continue to monitor the actuarially determined liabilities of the plan and the performance of the OPEB trust’s portfolio. No changes are recommended to the OPEB liability funding at this time. FISCAL IMPACT There is no direct financial impact associated with this report. As a note, CalPERS retirement costs for the City of Burlingame increased 17.5 percent from fiscal year 2017-18 to 2018-19, an increase of $938,000 for all funds. Despite significant increases in employer contributions for the next 10-15 years, these liabilities, and the associated interest costs, will continue to grow before leveling off and finally subsiding over time. However, the funded status of the City’s OPEB liabilities is improving over time, and substantial increases in these costs are not anticipated. Strategies for funding of all of the liabilities should be developed in the context of the City’s overall budget, with an emphasis on the long term sustainability of the City’s fiscal health in all economic environments. Exhibit: CalPERS Historical Asset Allocation 6WUDWHJLF$VVHW$OORFDWLRQ_&DO3(56+LVWRULFDO$OORFDWLRQ'LVFRXQW5DWH\U5ROOLQJ5HWXUQDQG\U867UHDVXU\<LHOG0%2%4%6%8%10%12%14%16%0%20%40%60%80%100%10-yrTreasury Yield (LHS)CalPERS Discount Rate (LHS)PERF 10-yrRolling Return (LHS)Fixed IncomeInflationPublic EquityPrivate EquityReal AssetsCashReturn PercentAllocationPercent 'DWD6RXUFH •&DO3(56&RPSUHKHQVLYH$QQXDO)LQDQFLDO5HSRUWV &$)5 IRU'LVFRXQWUDWH\UUROOLQJUHWXUQVDQG$VVHW$OORFDWLRQ •$OORFDWLRQGDWDIRUIURP&,2UHSRUW•7UHDVXU\<LHOGLV%ORRPEHUJ<5867UHDVXU\&RQVWDQW0DWXULW\5DWH +7<,QGH[ •,QIODWLRQDVVHWFODVVZDVQRWSURYLGHGDVDVHSDUDWHOLQHLWHPLQWKH &$)5VXVHGPDUNHWYDOXHGDWDIURP6WDWH6WUHHW•7RWDO)XQG2YHUOD\DOORFDWLRQDVRILV1RWODEHOHGTLPM Annual Program Review Item 9a, Attachment 1, Page 16 of 35 1 Memorandum AGENDA NO: 11a MEETING DATE: November 5, 2018 To: City Council Date: November 5, 2018 From: Vice Mayor Donna Colson Subject: Committee Report Tuesday, October 16, 2018 Senior Listening • About 15 seniors attended • Provided update on the community center and programming - provided the survey options and received positive feedback on the site, the architecture and the timing. • Discussion around parking and how we are managing the downtown parking situation and future growth. • Charles Voltz presented information on Memory Centers • Also presentation on volunteer opportunities and then also services via San Mateo non- profit organization. • Goals Monday, October 22, 2018 Parks Master Plan Meeting • Parks and recreation master plan meeting with new consultants. • Reviewed all park (and parklike sites) and made sure everything was included in the overall analysis • Reviewed initial survey results Community Center Planning Group • Meet to finalize lighting, interior color and flooring BAC Meeting • Meeting with BAC leadership to understand financial implications around the pool reconstruction options TSPN/Beautification/Park and Recreation Commission Interviews • Conducted interviews with excellent candidates Colson Committee Report November 5, 2018 2 Tuesday, October 23, 2018 Canada College Inaugural President’s Leadership Lunch • Attended lunch and learned about the various outreach programs for underserved students • Excellent presentations from students and the options available for non-traditional careers - fashion and then the other track of heading to a UC. Wednesday, October 24, 2018 Home For All Meeting • Measure K - Supervisor Canepa and Supervisor Pine going to work on the MK funding allocations. Looking closer to $88 mm this year. Will be allocated by end of February - earlier this year. Idea to take a look at the initiatives and see what is passing and then understand the affordable housing financial landscape. DOH preservation strategies for naturally occurring projects - have allocated all $10 mm and working to have an understanding of this strategy and see how it works. • NOFA - Awarded $20mm to both rental and homeownership projects. First time we had ownership in the mix. Had 13 projects submitted and approved 12 projects. Affordable Housing Sharing Funds Pilot Discussion • What to do when cities are amassing affordable housing funds and cannot spend and so working to discuss how we might “cap and trade” this with a sharing fund. Conversation around RHNA sharing numbers and how cities could lend/give and share RHNA numbers. The topic is complex and there may not be a way to accomplish this, but if we can figure out a legally approved procedure, then we do have someone willing to carry the legislation. Middle Income Development Efforts (60-120% AMI) • Use of tax-exempt bonds to purchase units and lease as middle income. Set up as a JPA - finding a recently built market rate housing, operating for five years, go in and purchase the building with tax-exempt government financing and replace market rate renters with lower-income (middle income) renters. • First time homebuyer opportunities - so how do we figure out the missing middle AMI 60- 120% ? Wrap Up • CASA/LISC funding efforts - these two are concluding and there are some ideas floating around with legislation. Meeting with USPO ownership • Discussed timing of project • Reviewed options as to how we can activate the property, especially opening up the parking lot Colson Committee Report November 5, 2018 3 Measure I Committee Kickoff Meeting • Discussed roles and responsibilities of the Committee • Reviewed the current budget allocation priorities • Directed staff with follow up questions - Carol provided Tuesday, October 30, 2018 Connect18 Conference - Tech, Privacy and Democracy Held at Facebook Menlo Park Campus • Excellent award presentation to D-Tech high school and Oracle for innovation • Presentation on privacy and civil liberties around technology and personal data. Overview of how the legal environment has changed over time and what catalysts have moved that conversation forward. Need to look to the future and how we manage the changing environment. • Interesting presentation from Coursera on global learning platforms for higher education, learning and training. Working with top universities to create a digital and expansive program and global outreach. One solution to the retraining and job elimination concerns. Creating even more coursework from say Google - to educate various levels of tech and guarantee jobs upon conclusion of training. These may include people without college degrees. Also, lifelong learning and a cost effective model for disseminating education to the masses. • Final presentation with the Institute For the Future - Ethical Operating Systems. Discussion of 8 risks zones to modern economy with technology in future - o Truth, Information, Propaganda - Especially in social media o Addition and the Dopamine Economy - Device addition o Economic Inequalities - Access by race, social standing o Machine Ethics and Algorithmic Biases - social justice o Surveillance State - global face recognition and spying on citizens o Data Control & Monetization - crypto currencies (mainly male dominate as an example) o Trust Violations - Facebook data breach o Hateful and Criminal Actors - using tech for bad purposes • Presentation on FB use for social media in politics and city information Meeting with Labor Union • Meeting with local labor - opportunity to learn more about the training programs and who/how they are recruiting and serving. Working to gather more women into the network, and doing directed outreach to female candidates Wednesday, October 31, 2018 Staff meeting USPO • Progress update • Discussion around site layout and timing • Options to activate the space 1 Memorandum AGENDA NO: 11b MEETING DATE: October 15, 2018 To: City Council Date: October 15, 2018 From: Councilmember Emily Beach Subject: Committee Report Thursday, September 27: Calmod • I chaired this meeting/discussion on Caltrain’s Business Plan (service vision between now and 2040) regarding how Caltrain should grow. View the presentation here: http://www.caltrain.com/Assets/Caltrain+Modernization+Program/Meetings/LPMG/Caltra in+Business+Plan_.pdf • Collective agreement that city populations are growing responsibly to address housing crisis and State requirements; urgent need to maintain and enhance Caltrain service throughout corridor – not just large cities. • Compelling ridership data shows when Caltrain service increases, ridership increases. In other words, service drives ridership. • Data shows Caltrain currently has untapped ridership potential; currently serves only 2-8% of commuter market share. Friday, September 28: Council of Cities Dinner Monday, October 1 Future of Grand Boulevard Initiative Task Force • Validated and updated GBI Task Force guiding principals for relevancy (now 10 years old) • Developed ideas for interactive future meeting format and survey to current membership Monday, October 1: City Council Meeting Wednesday, October 3: Meeting with Sphere Institute team regarding State Lands Parcel and Constituent Meeting • Briefed on their significant progress related to funding prospects and public sector partnerships to make this proposal viable Thursday, October 4: Caltrain JPB Special Meeting to discuss Business Plan update • I wanted to listen and understand the JPB Board discussion first-hand; and personally deliver a public comment (representing my personal viewpoint, not City of Burlingame) regarding a consistent message I heard from LPMG member cities the previous week: in nearly every city throughout the Caltrain corridor, local jurisdictions are making land use Beach Committee Report October 15, 2018 2 decisions that allow thoughtful/responsible creation of housing units to address region’s housing crisis and State requirements. We’re depending on robust commuter rail service for TOD (transit oriented development) to work -- not just in large cities/transit centers like SF, SJC, Redwood City, Mountain View, and Millbrae hub. • View JPB Presentation here: http://www.caltrain.com/Assets/__Agendas+and+Minutes/JPB/2018/2018-10- 04+BUSINESS+PLAN+SPECIAL+MEETING.pdf. Thursday, October 4: San Mateo County Transportation Authority (SMCTA) Board Meeting • Unanimous vote for Resolution in support of Measure W. If passed, TA Board will administer 50% of 2.4 billion county-wide transportation funding in four categories: highway, local category, bike/ped, and regional connections. Remaining 50% transit funds administered by SamTrans and Caltrain. • Received update (and weekend closure) US 101 Willow Road interchange improvement project funded by County’s Measure A funds. Thursday, October 4: BCE Foundation Award Recognition Event at Peninsula Museum of Art • Fantastic evening. Congratulations to the Liebhaber, Macko, and Rosen families for receiving the BCE Distinguished Service Award in honor of their outstanding service to BSD as they exit the school district. Attendees included many BCE alumni, current volunteers, Superintendent Dr. Maggie MacIsaac, BSD Trustees, and Supervisor Dave Pine. Friday, October 5: Meeting with Facebook’s Pubic Policy Manager • I originally met Juan Salazar at Progress Seminar this past April. We enjoyed building a relationship and getting to know one another, and I encouraged him to reach out to my Council colleagues and connect with other community leaders. I’m confident Oculus (virtual reality division of Facebook) intends to be a strong partner to our Burlingame community and wants to reduce automobile traffic impact from workers at Burlingame Point. Friday, October 5: Assemblymember Kevin Mullin’s Senior Scam Information Session • Over 100 seniors in attendance at Mills Peninsula Hospital conference room • Presentations included awareness and ways for seniors to protect themselves against scams involving contractors, insurance, automotive repairs, mobile mechanics, etc. Friday, October 5: Sierra Club Guardians of Nature Event honoring Supervisor Joe Simitian Beach Committee Report October 15, 2018 3 Sunday, October 7: Roosevelt Elementary Chili Cook-off Event • I enjoyed judging the Cook-off this year! • Congrats to the following winners: o Best Presentation: Cobra Cayenne - Matt Pavao and Sean Kuiper o Best Name: I Like Pork Butts- I Cannot Lie! - Kevin Foy o Boldest Flavor: Mid-East Chili - Wlla Khadar o People's Choice Award: Que Calor! Give Me More - Katie and Manolo Tellez Overall Flavor Awards: o 1st Place: Que Calor! Give Me More - Katie and Manolo Tellez o 2nd Place: Bollywood Best - Abha Gupta o 2nd Place: Mac' N Chili - Sean Dalziel o 3rd Place: Chili Today, Hot Tamale - Mark Hartley Tuesday, October 9: Walk, Bike, Roll to School Event at Franklin Elementary • Vast majority of students at Franklin who participated in the event walk regularly to school – congrats! • Thanks for Rusty Hopewell BSD Wellness Coordinator, Dr. Maggie MacIsaac, BPAC Members Adrienne Leigh and Lisa Stoltz for helping us greet and encourage the children at drop off. Wednesday, October 10 Constituent Meetings (3) • Topics primarily focused on proposed Broadway parking changes Wednesday, October 10: Trousdale Gym Peninsula Wellness Grand Opening • Congratulations and THANK YOU to PHCD for saving the wellness gym which serves so many senior community members. It’s great for physical well-being and is a beloved community gathering space. • Mayor Brownrigg did a great job cutting the ribbon to celebrate. League of California Cities Annual Conference Highlights – September 12-14, 2018 Environmental Quality Policy Committee Meeting Majority of our committee voted to support a local control resolution for the League to support the repeal of preemption in California code that prevents local governments from regulating pesticides. We received presentations on anticoagulant rodenticides that are poisoning 80 to 90% of predator wildlife in California. These poisons cause painful, internal hemorrhaging in non- target animals, including pets, and children that accidentally ingest the products. Learned about successful data-driven natural strategies like Raptor Poles (for owls and other predators) that naturally keep rodent populations in check. Beach Committee Report October 15, 2018 4 General Session Keynote Address: Defining the Things That Define You. Seminar on values- based leadership; importance of defining your personal and organizational core values; values drive behavior and decision-making every single day. Clarity on values creates individuals and teams with higher productivity, commitment, and trust. Civic Engagement Seminar and successful use of TIERS process (Think, Initiate, Engage, Review, Shift) Explained how Riverside successfully used TIERS approach/methodology in major development project. Additional Spotlight on Mountain View’s “Community for All” goal and 8-week long Spanish Language Leadership Academy. Created Ambassadors who understand how City government works; empowered residents to navigate the public process and engage. Training held early evening, provided light dinner and childcare. Importance of high -impact non- traditional communication methods of engagement for underrepresented community members: • Mobile devices • Brief content • Google Translate • Facebook communication Election 2018 Crystal Ball, Candidates and Ballot Measures political analysis by industry experts • Included League’s efforts to oppose Proposition 6 (repeal of SB1 infrastructure funds) State-wide Homelessness Crisis, national best practices: • Spotlight on Berkeley’s Better Shelters “Pathways Project” provides (opened June 2018) more than shelter/respite, helps rebuild lives • Wrap-around supportive services; plus full-day access to store belongings and create dignified home environment for up to 6 months while residents get back on their feet • Community volunteers played major role in prepping the facility for grand opening Perspectives on bargaining from panel of both Union and Management • Created understanding of both party’s perspectives, legal rights, and ways to maintain strong and trusting labor relations. Strategies to Manage increasing pension costs. • Overall, I left seminar feeling confident our city is skillfully managing Calpers’ lower rate of investment return. Sharing PDF of presentation with our staff. • Actual returns expected/projected by industry experts to yield 6.1% over next decade • Presentation provided explanation of legal precedent / statutory limitations surrounding the California Rule; discussed avenues to restructure comp and benefits in ways that employees value and reduce pension burden on cities. Marijuana Implementation in California • Update on regulatory structure for legalized sales • No further temporary licenses, now provisional licenses • Implementation at local level: cities who choose to regulate require significant centralized staff • Testing and cultivation facilities: best practices include 24/7 video surveillance, badge requirements, signage, lock requirements Beach Committee Report October 15, 2018 5 Peninsula Division Meeting/Breakfast • New officers sworn in; I was elected San Mateo Representative on the Peninsula Division Executive Board. • Councilmember Larry Moody of East Palo Alto is our new Division President. • All Councilmembers invited to attend October quarterly meeting Saturday, 10/20 @ 11:30. Congresswoman Speier scheduled to speak. Women’s Caucus Business Meeting and Workshop • Attended workshop on unconscious bias and strategies to for people collectively reduce the impact Discussed upcoming training events and membership growth; 2020 will be 100th anniversary women’s right to vote