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HomeMy WebLinkAboutAgenda Packet - CC - 2016.02.01City Council City of Burlingame Meeting Agenda - Final BURLINGAME CITY HALL 501 PRIMROSE ROAD BURLINGAME, CA 94010 Council Chambers7:00 PMMonday, February 1, 2016 STUDY SESSION - 6:00 p.m. - Conference Room A Discussion of Post Office/Lot E Potential Developmenta. 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 of the Youth Advisory Committeea. SMC Mosquito District's 100th Anniversaryb. 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. Page 1 City of Burlingame Printed on 2/27/2019 February 1, 2016City Council Meeting Agenda - Final 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. Approval of City Council Meeting Minutes of January 19, 2016a. City Council Meeting MinutesAttachments: Open Nomination Period to Fill One Vacancy on the Planning Commissionb. Staff ReportAttachments: Adoption of a Resolution Upholding the Determination of the Beautification Commission and Authorizing the Removal of the Protected-Size Tree Located at 2325 Poppy Drive c. Staff Report Resolution Attachments: Adoption of Resolutions Consenting to Inclusion of the City of Burlingame Properties in the California Home Finance Authority PACE Programs and Associate Membership in California Home Finance Authority d. Staff Report SB 555 Resolution AB 811 Resolution Ygrene Flyer Attachments: Adoption of a Resolution Approving the Updated Sanitary Sewer System Management Plan e. Staff Report Resolution Updated SSMP SSMP Summary of Revisions Attachments: 9. PUBLIC HEARINGS (Public Comment) Adoption of a Resolution to Join in the Joint Exercise of Power Agreement to Establish the Peninsula Clean Energy Authority in San Mateo County; and Introduction of an Ordinance to Authorize Implementation of a Community Choice Aggregation Program a. Staff Report Agreement Resolution Ordinance Attachments: Page 2 City of Burlingame Printed on 2/27/2019 February 1, 2016City Council Meeting Agenda - Final 10. STAFF REPORTS AND COMMUNICATIONS (Public Comment) Approval of Annual Report on the Status of Impact Fees Collected as of June 30, 2015, Pursuant to the Mitigation Fee Act, Government Code Section 66000 et seq. a. Staff Report Resolution Attachments: Adoption of a Resolution Approving Changes to the Compensation and Benefit Plan for the City of Burlingame Department Head and Unrepresented Classifications, and Authorizing the City Manager to Execute the Plan on Behalf of the City b. Staff Report Resolution DH/UR Comp and Benefit Plan Attachments: 11. COUNCIL COMMITTEE AND ACTIVITIES REPORTS AND ANNOUNCEMENTS Council Members report on committees and activities and make announcements. 12. FUTURE AGENDA ITEMS 13. ACKNOWLEDGMENTS Commission Meeting Minutes: December 10, 2015 Traffic, Safety and Parking Commission and November 17, 2015 Library Board of Trustee Minutes a. 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 - Tuesday, February 16, 2016 VIEW REGULAR COUNCIL MEETING ONLINE AT WWW.BURLINGAME.ORG - GO TO "CITY COUNCIL VIDEOS" Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection at the Water Office counter at City Hall at 501 Primrose Road during normal business hours. Page 3 City of Burlingame Printed on 2/27/2019 Agenda Item 8a Meeting Date: 2/1/16 Burlingame City Council January 19, 2016 Unapproved Minutes 1 BURLINGAME CITY COUNCIL Unapproved Minutes Regular Meeting of January 19, 2016 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 Ross Bruce. 3. ROLL CALL MEMBERS PRESENT: Beach, Brownrigg, Colson, Keighran, Ortiz MEMBERS ABSENT: None 4. REPORT OUT FROM CLOSED SESSION AND STUDY SESSION City Attorney Kane stated that during the closed session direction was given but no reportable action was taken. 5. UPCOMING EVENTS Mayor Keighran reviewed the upcoming events taking place in the City. 6. PRESENTATIONS a. UPDATE ON BROADWAY GRADE SEPARATION DPW Murtuza stated that the purpose of the presentation was to provide Council with an update on the Broadway Grade Separation. He stated that a year ago the City received a million dollar grant to conduct a feasibility study on grade separation. He explained that the purpose of the study was to identify the best approach and design for grade separation at Broadway so that when funding becomes available the City is able to move forward. DPW Murtuza introduced Etty Mercurio from AECOM. AECOM handled the feasibility study for the City. Ms. Mercurio stated that the purpose of the study was to find the best way to: (1) improve traffic circulation/mobility; (2) increase public safety; and (3) offer an opportunity for a Gateway treatment to Agenda Item 8a Meeting Date: 2/1/16 Burlingame City Council January 19, 2016 Unapproved Minutes 2 Broadway. She explained that in undertaking this project AECOM held two community meetings to inform the public of the project and gather their feedback. In reviewing the project area, Ms Mercurio stated that the main constraints were the Millbrae and Burlingame train stations, Highway 101 and the Downtown Broadway Commercial District. Their next step was to identify existing traffic delays in this area and project what those delays would be in 2040 with and without grade separation. She stated that in 2040 if grade separation was not undertaken the AM and PM rush hour delays increased at the Broadway/US 101 Off-Ramp/Rollins Road (AM: from 65 seconds to 249 seconds PM: 243 seconds to 744 seconds). Whereas, if grade separation was undertaken the AM and PM rush hour delays decreased at the Broadway/US 101 Off-Ramp/Rollins Road (AM: from 65 seconds to 37 seconds PM: 243 seconds to 48 seconds). Moreover, Ms. Mercurio stated that the grade separation would create fuel savings and air quality benefits including a reduction of 395,000 ga/yr of idling fuel use and $805,000 a year cost savings for drivers. As well, she outlined the safety benefits, stating that while the Broadway intersections average 23 accidents a year with grade separation it would be 7. Ms. Mercurio explained that after researching and studying proposed grade separations, AECOM came up with 6 options. Alternative F involved raising the tracks completely above the roadway for almost 2 miles with a maximum fill height of 29 feet. However, under Alternative F there would be significant visual impacts and a ripple-effect on the railroad likely to cause impact to Millbrae Station and Bart operations. Alternative F is estimated to cost $510 million. Alternative E involves depressing the tracks below the roadway for over 2 miles. However, under Alternative E there would be major flooding issues, tree removal and extremely high long-term maintenance costs. Alternative E is estimated to cost $705 million. Alternative D looked at leaving the tracks as is and raising the roadway up and over the tracks completely with a maximum fill height of 32 feet. However, Alternative D involves significant property takes and a large scale profile modification to Broadway, California, Carolan and Rollins Road. Alternative D is estimated to cost $275 million. Alternative C looked at moving the roadway below the tracks with maximum excavation depth of 28 feet. However, Alternative C involves significant profile modifications to Broadway, California, Carolan and Rollins Road, property taking, and elimination of the Broadway Station Parking. Alternative C is estimated to cost $240 million. Accordingly, because of the major constraints of Alternatives F-C, Ms. Mercurio stated that the focus of AECOM became Alternatives B and A. Alternative B is a hybrid where the tracks are partially depressed and the roadway is raised partially. It reduces the limits of the excavation which decreases the impacts to the railroad and minimizes visual impacts. However, Alternative B will have impacts to existing utilities and infrastructure and because of high groundwater will require cutoff wall construction along the railroad corridor. Alternative B is estimated to cost $360 million. Alternative A is a hybrid that involves partially raising the tracks and partially lowering the roadway. It has little to no impact on the Millbrae Station and Bart operations and reduced visual impact. However, like Alternative B, this alternative involves high groundwater thus requiring a cutoff wall and will have an impact to existing utilities and infrastructure. Alternative A is estimated to cost $235 million. A 3D animation of Alternative A was presented that will be available on www.burlingame.org. Councilmember Brownrigg thanked Ms. Mercurio for her presentation. He asked if the tracks could be brought down faster in Alternative A. Ms. Mercurio stated that there were some refinements they could do but they had to consider track speeds, potential electrification and high speed rail. Agenda Item 8a Meeting Date: 2/1/16 Burlingame City Council January 19, 2016 Unapproved Minutes 3 Mayo r Keighran asked if under Alternative A the tracks were approximately 13 feet higher than they are now. Ms. Mercurio replied in the affirmative. Mayor Keighran asked that a 3D animation of Alternative B be presented to the Council. Councilmember Brownrigg asked DPW Murtuza what the time table was for making a decision. DPW Murtuza stated that staff would be conducting another community meeting in March, and then in April staff would present their findings to Council. Burlingame resident Irvin Dawid explained that he attended the community meetings and voiced concern about the widening of California Drive. Former Mayor Rosalie O’Mahony expressed her gratitude that the Broadway Grade Separation project was moving forward. Burlingame resident Ross Bruce stated that Alternative A was an elegant solution that would preserve the feel of the city. Burlingame resident Jeff Londer raised concerns about the design of Alternative A. Councilmember Colson asked why only the Broadway intersection was used during the traffic analysis. DPW Murtuza explained that this is the primary entrance into Burlingame and gives citizens access to Highway 101. b. PRESENTATION ON ENERGY EFFICIENCY IMPROVEMENTS Jai Agaram, President of Digital Energy, Inc. gave a presentation entitled “Energy Efficiency Study Update City of Burlingame.” He explained that over the last 5-6 years the City dropped its consumption of energy. He reviewed the steps the City undertook to improve its energy efficiency including conversion of City street lights and traffic signal lights to LED and the conversion of T12 lamps to T8 lamps. These improvements resulted in Burlingame winning the Gold Level Beacon Spotlight Award for Energy Savings. Mr. Agaram explained that his staff looked at 11 building facilities and 10 public parking lots to see what else the City could do to reduce their energy consumption. His staff reviewed the facilities’ electricity and gas use and cost. They found that 51% of the electricity used is for lighting and that 91% of the natural gas use was for space heating. Mr. Agaram stated that he recommended re-lamping (32 watt to 28 watt), LED retrofitting, and controls for occupancy sensors. He stated that these recommended improvements would cost the City $570,184 with a payback in annual energy savings in 8.4 years. As well, he discussed the possibility of solar panels. He explained that the buildings solar panels may work on are: Police Station, Public Works Corp. Yard, Fire Station #35, Fire Station #26, Village Park Preschool and Easton Library. However, he stated that there are many challenges to fitting these buildings for solar panels including: (1) older buildings and mechanical systems require extensive renovation; (2) solar installation on roofs may be restricted due to structural limits on older facilities; and (3) location of adjacent trees and buildings. Agenda Item 8a Meeting Date: 2/1/16 Burlingame City Council January 19, 2016 Unapproved Minutes 4 Councilmember Brownrigg stated that if the City wanted to undertake solar panels it would be better for them to contact a third party for financing. As well, he was concerned about the small amount of choices the presentation laid out. DPW Murtuza stated that the purpose of this study was to look for small projects that may make a difference in improving energy efficiency in city facilities. 7. PUBLIC COMMENTS Burlingame resident Joe Sacco asked Council for their help in ensuring a flag was up at Capuchino Station. Burlingame resident Dennis Xifaras spoke about his concern over water and sewer billing. Burlingame resident Nirmala Bandrapalli, VP of Lions Club, invited the community to attend their lunch meetings on Thursdays at noon. Burlingame resident Mary Murphy spoke about a letter she wrote to CDD Meeker on the development of a park on Bayside and wanted to know when it would be placed on Agenda. CM Goldman let her know that they hoped to have it on the Agenda in February. 8. CONSENT CALENDAR Mayor Keighran asked the Councilmembers and the public if they wished to remove any items from the Consent Calendar. No items were removed. Vice Mayor Ortiz made a motion to adopt the Consent Calendar; seconded by Councilmember Beach. The motion was approved unanimously by voice vote, 5-0. a. APPROVE THE CITY COUNCIL MEETING MINUTES OF JANUARY 4, 2016 CC Hassel-Shearer requested Council approve the City Council meeting minutes of January 4, 2016. b. APPROVE THE CITY COUNCIL MEETING MINUTES OF JANUARY 6, 2016 CC Hassel-Shearer requested Council approve the City Council Meeting Minutes of January 6, 2016. 9. PUBLIC HEARINGS a. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME APPROVING THE ISSUANCE BY THE BURLINGAME FINANCING AUTHORITY OF NOT TO EXCEED $11,000,000 AGGREGATE PRINCIPAL AMOUNT OF STORM DRAINAGE REVENUE BONDS TO FINANCE CAPITAL IMPROVEMENTS TO THE STORM DRAINAGE SYSTEM OF THE CITY; AUTHORIZING EXECUTION AND DELIVERY OF AN INSTALLMENT SALE AGREEMENT AND A BOND PURCHASE AGREEMENT; APPROVING FORM OF OFFICIAL STATEMENT; AND AUTHORIZING EXECUTION OF DOCUMENTS AND THE TAKING OF ALL NECESSARY ACTIONS RELATING TO THE FINANCING WITH THE BURLINGAME FINANCING AUTHORITY Agenda Item 8a Meeting Date: 2/1/16 Burlingame City Council January 19, 2016 Unapproved Minutes 5 Fin Augustine presented her staff report asking the Council to approve a third issuance of storm drainage bonds. She reviewed the history of the storm drain bonds stating that in 2009 voters approved a storm drainage fee for much needed infrastructure improvements. Upon approval, the Council authorized the first issuance of storm drainage revenue bonds in 2010 for $9.8 million and in 2012 authorized the second issuance for $10.6 million. Now, she is asking the Council to authorize a third issuance not to exceed $11 million. She explained that after the third issuance was spoken for, the City would determine if a fourth and final issuance was necessary or if the City could undertake a pay as you go model. Fin Augustine explained that if Council approved the third issuance the next steps would be a credit presentation to SMP, bond pricing and then bond sale by the end of February. Councilmember Brownrigg asked DPW Murtuza if the City should reconsider how it spends the storm drainage bond because of the tighter standards it is predicted the state will require. DPW Murtuza explained that when the storm drain bond passed there were specific goals in mind for why the bond was necessary and how it would be used. The primary use of the bond was to relieve flooding in the Burlingame area. However, DPW Murtuza explained that the state’s recent mandates are focused on water quality and trash issues. Furthermore, he added that once the state’s mandates were finalized, he would present a staff report to Council outlining the mandates’ requirements and costs. Councilmember Brownrigg asked Fin Augustine about issuing the bonds, stating that while the City issues the bonds in series, that the rate that the City charges the parcel owner was set in 2010. Therefore he asked what happened to the surplus capital that is generated by the City’s rates in the early years. Fin Augustine stated that if after the third issuance the City has a sufficient surplus the City can move from issuing bonds to undertaking a pay as you go model. She stated that the surplus was at about $2.7 million. Vice Mayor Ortiz asked if the storm drain fees would increase. Fin Augustine stated that they could increase by up to 2% annually. Mayor Keighran opened the public hearing. No one spoke. She closed the public hearing. Councilmember Brownrigg made a motion to approve Resolution 5-2016; seconded by Vice Mayor Ortiz. The motion passed unanimously by voice vote, 5-0. 10. STAFF REPORTS AND COMMUNICATIONS a. UPDATE ON PROPOSED FLOOD INSURANCE RATE MAP Public Works Senior Engineer Martin Quan explained to Council FEMA’s proposed update to the Flood Insurance Rate Map (“FIRM”). He stated that since 1981 the City of Burlingame has participated in national flood insurance. Martin Quan explained that the updated FIRM was based on FEMA’s research on coastal flooding from king tides, extreme high tide, wind wave events and El Nino winter storms. After FEMA provided their proposed map to the City in 2014, the City hired experts to review the map who found it to be reasonable. FEMA’s proposed FIRM includes an additional 358 parcels. The majority of the commercial properties affected are located in the north east part of Burlingame between the northern City limits, Rollins Road, and Agenda Item 8a Meeting Date: 2/1/16 Burlingame City Council January 19, 2016 Unapproved Minutes 6 the Bayfront Area. The affected residential properties are located adjacent to Victoria Park, bordering Rollins Road, Victoria Road, and the southern City limits. Martin Quan explained what the flood insurance coverage would be for the public. He stated that policy coverages would include both the building (at a range of $60,000 - $500,000) and personal content (at a range of $25,000 - $50,000) with deductibles ranging from $2,000 - $10,000. All property owners from commercial to residential can purchase standardized flood insurance policies from their local agent. He stated that for new property owners in the flood hazard zones, they will be able to obtain insurance rates at a lower preferred risk rate for a limited amount of time. Martin Quan stated that the next steps for the City would be to inform and educate the affected property owners of FEMA’s proposed FIRM. Accordingly, beginning in March, 2016, staff will conduct public outreach. The outreach efforts will consist of mailing information to affected property owners, conducting two separate neighborhood meetings and then sending another round of mailers. Councilmember Colson asked if individuals who do not have a federally backed mortgage are required to obtain flood insurance. And as a follow up she asked how those with federally backed mortgages would be made aware that they needed to obtain flood insurance. Martin Quan stated that individuals whose mortgage is not federally backed are exempt. And in answering her second question, he explained that staff would be reaching out to all affected property owners and that banks are required to reach out to those individuals with federally backed mortgages. Councilmember Beach highlighted the graduated program for insurance rates and asked staff to ensure that the public is given information about it. Councilmember Colson asked if sea level rising was incorporated into this map. Martin Quan stated that it wasn’t. Mayor Keighran asked if FEMA would be studying sea level rising in the near future. Martin Quan stated that he was unsure if FEMA had any plans to do so. Councilmember Brownrigg thanked Supervisor Pine’s office for the work they’d done with FEMA and flood rates. Mayor Keighran opened the item up to public comment. On behalf of Supervisor Pine, Michael Barber noted that the graduated rates are only open for a short amount of time. He stated that it was roughly 6 months to a year to get the better rate. Accordingly, he encouraged homeowners to move quickly. Mayor Keighran asked if the homeowner would be notified more than once about the preferred rates and the new flood zones. DPW Murtuza stated that they would have several meetings and that staff would be conducting outreach to those in the flood insurance map. Burlingame resident Sandy Comorato asked about reaching out to Samcar if there was a disclosure that realtors needed to do. Agenda Item 8a Meeting Date: 2/1/16 Burlingame City Council January 19, 2016 Unapproved Minutes 7 b. ACCEPTANCE OF THE COMPREHENSIVE ANNUAL FINANCIAL REPORT FOR THE YEAR ENDED JUNE 30, 2015 Fin Augustine reviewed her staff report asking the Council to accept the Comprehensive Annual Financial Report (“CAFR”) for the fiscal year 2014-15. She stated in reviewing the CAFR, the City’s financial standing remains relatively strong. She stated that the City’s total revenues increased $2.8 million over the prior year, and total expenses increased slightly over $2.1 million. However, she explained that new GASB standards were implemented last year relating to the recording and reporting of pension costs and liabilities resulted in the city’s prior year net position being reduced by approximately $75 million. The significant reduction in net position created a negative balance in the unrestricted net position of the City’s governmental activities. However, Fin Augustine stated that the new GASB reporting scheme was broadly anticipated, and that the change will not materially affect the credit ratings of impacted public agencies, as there has been no change in the already apparent realities of the marketplace. Fin Augustine acknowledged that it was a good year economically for the City with the general fund experiencing a surplus of $6.6 million. She stated that it is necessary for the City to keep a surplus in order to prepare for potentially poor economic times. Mayor Keighran thanked Fin Augustine for putting the report together. She asked if the new GASB standards affect the City’s credit rating. Fin Augustine stated that it does not. Councilmember Beach asked about the auditors and if it’s best practice to keep the same auditing firm. Fin Augustine stated that the best practices is to put out an RFP for a new contract every 3-5 years. Councilmember Brownrigg praised Public Works for water and sewer budgets being lowered. He asked that to the extent that the City summarizes their expenses, that fire be excluded. Fin Augustine stated that in most of the areas where public expenditures are shown public safety involves both police and fire expenditures. Mayor Keighran made a motion to accept the CAFR; seconded by Councilmember Colson. The motion was adopted unanimously by voice vote, 5-0. 11. COUNCIL COMMITTEE AND ACTIVITIES REPORTS AND ANNOUNCEMENTS Council reported on various events and committee meetings they each attended on behalf of the City. 12. FUTURE AGENDA ITEMS No items were added. 13. ACKNOWLEDGMENTS a. DECEMBER PERMIT ACTIVITY 14. ADJOURNMENT TO BURLINGAME FINANCING AUTHORITY 1. CALL TO ORDER Agenda Item 8a Meeting Date: 2/1/16 Burlingame City Council January 19, 2016 Unapproved Minutes 8 2. ROLL CALL MEMBERS PRESENT: Beach, Brownrigg, Colson, Keighran, Ortiz MEMBERS ABSENT: None 3. BOARD ACTION a. RESOLUTION AUTHORIZING THE ISSUANCE OF STORM DRAINAGE REVENUE BONDS TO FINANCE CAPITAL IMPROVEMENTS TO THE STORM DRAINAGE SYSTEM OF THE CITY; AUTHORIZING EXECUTION AND DELIVERY OF A TRUST AGREEMENT, INSTALLMENT SALE AGREEMENT, AND A BOND PURCHASE AGREEMENT AND AN OFFICIAL STATEMENT; AND AUTHORIZING EXECUTION OF DOCUMENTS AND THE TAKING OF ALL NECESSARY ACTIONS RELATING TO THE ISSUANCE OF THE BONDS Fin Augustine presented the staff report stating that it was the same staff report that had earlier been presented to the Council. She asked if they had any questions and asked for the Board to approve Resolution Number Fin 1-2016. Chair Keighran opened the item up for public comment no one spoke. Boardmember Brownrigg made a motion to adopt Resolution Number Fin 1-2016; seconded by Vice Chair Ortiz. The motion passed unanimously by voice vote, 5-0. 15. ADJOURNMENT Mayor Keighran adjourned the meeting at 9:02 p.m. in memory of Susan Hackett. Respectfully submitted, Meaghan Hassel-Shearer City Clerk 1 STAFF REPORT AGENDA NO: MEETING DATE: February 1, 2016 To: Honorable Mayor and City Council Date: February 1, 2016 From: Ana Maria Silva, Executive Assistant – (650) 558-7204 Subject: Open Nomination Period to Fill One Vacancy on the Planning Commission RECOMMENDATION Staff recommends that the City Council call for applications to fill one impending vacancy on the Planning Commission due to Commissioner Sargent’s expired term. The recommended due date is February 26, 2016. This will allow applicants two opportunities (February 8 and February 22) to attend a Planning Commission meeting. BACKGROUND The City’s current commissioner appointment procedure calls for any Commissioner desiring reappointment to apply in the same manner as all other candidates. All past applicants on the two- year waitlist will be informed of the vacancy. 1 STAFF REPORT AGENDA NO: MEETING DATE: February 1, 2016 To: Honorable Mayor and City Council Date: February 1, 2016 From: Margaret Glomstad, Parks and Recreation Director (650) 558-7307 Bob Disco, Park Supervisor / City Arborist (650) 558-7334 Subject: Adoption of a Resolution Upholding the Determination of the Beautification Commission and Authorizing the Removal of the Protected-Size Tree Located at 2325 Poppy Drive RECOMMENDATION Staff recommends that the City Council adopt a resolution upholding the determination of the Beautification Commission and authorizing the removal of the Redwood tree at 2325 Poppy Drive. BACKGROUND On September 3, 2015, a Protected Tree Removal Permit was submitted for the removal of a Redwood tree at 2325 Poppy Drive. After reviewing an independent arborist’s report and a structural engineer’s report, the City Arborist approved removal based on the risks of danger to persons and structures in the vicinity due to the structure of the tree, its multiple codominant leaders, included bark, and damage to the garage foundation. The City Arborist determined that the tree meets the requirements for removal per Chapter 11.06.060 d(1)(2)(7) of the Municipal Code: Urban Reforestation and Tree Protection Ordinance. The City Arborist’s decision was appealed by John and Shirin Coleman. The appeal was heard at the November 5, 2015, Beautification Commission meeting. The Commission voted 3-2 to deny the appeal. On November 16, 2015, Mr. and Mrs. Coleman appealed the Beautification Commission decision to remove the tree to the City Council. The City Council heard the item at its January 4, 2016, meeting and upheld the Beautification Commission’s decision. The City Council requested additional review and clarification from the City Arborist regarding the number of trees to be replanted, the location for the replacement tree(s), and the species to be planted before the Redwood tree was removed. The City Council upheld the Beautification Commission’s decision and directed that a resolution be brought back to the Council memorializing the decision and the City Arborist’s recommendations for replacement. Resolution Authorizing the Removal of the Redwood Tree at 2325 Poppy Drive February 1, 2016 2 DISCUSSION On January 15, 2016, the City Arborist met with the homeowner onsite and discussed replacement options. The City Arborist reviewed the surrounding trees in the nearby properties, the space available in the backyard and front yard, access to the property, the best location for survival, and the most sensible location for tree placement that best allows for full enjoyment of the property. The City Arborist also discussed different tree species, growth habit, and container size with the homeowner. Based on his review, the City Arborist recommends: 1. Planting a total of two 24” box trees. 2. Planting a 24” box Quercus coccinea (Scarlet Oak) in the back yard. 3. Planting a 24” box single stem landscape tree on the property, the location of which shall be at the discretion of the property owner. A resolution incorporating this recommendation is attached for Council’s review and adoption. FISCAL IMPACT No fiscal impact Exhibit: • Resolution 1 RESOLUTION NO. ________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME UPHOLDING THE DETERMINATION OF THE BEAUTIFICATION COMMISSION AND AUTHORIZING REMOVAL OF A PROTECTED-SIZE TREE LOCATED AT 2325 POPPY DRIVE WHEREAS, the City of Burlingame values and wishes to protect its urban forest and has reflected that commitment by enacting Chapter 11.06 of the Burlingame Municipal Code, titled Urban Reforestation and Tree Protection; and WHEREAS, that Code recognizes that some protected-size trees may need to be removed because of deteriorated condition, the threat they pose to persons or property, and other enumerated reasons; and WHEREAS, the property owner at 2325 Poppy Drive complied with Chapter 11.06 and sought permission to remove a protected-size Redwood due to its condition, the safety risk posed by its structure, and the damage it has done to property; and WHEREAS, the City Arborist granted such permission and that decision was appealed to the Beautification Commission, which upheld the removal permit; and WHEREAS, the Beautification Commission’s determination was appealed to the City Council, which conducted a duly noticed public hearing on the matter. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BURLINGAME DOES HEREBY RESOLVE, DETERMINE, AND FIND AS FOLLOWS: 1. The City Council considered all evidence, testimony, and information provided to it in connection with the public hearing on the appeal from the Beautification Commission conducted on January 4, 2016. 2. Following conclusion of the public hearing, the Council upheld the determination of the Beautification Commission, allowing removal of the tree. Vice Mayor Ortiz made a motion upholding the Commission but stating that the property owner could not remove the tree until Council made a final determination on the conditions for removal, and directing staff to bring back a resolution memorializing the action of the Council and containing the final recommendations of the City Arborist as to the replacement planting requirements for the tree. The motion passed 4- 1, with Councilmember Brownrigg voting no. 3. Following the January 4, 2016, meeting, the City Arborist has done additional site review and analysis regarding appropriate replacement planting for the Redwood tree to be removed. His recommendation is that the tree be replaced with a twenty-four inch box Scarlet Oak tree to be planted in the rear yard and a twenty-four inch box single stem landscape tree to be located on the property at the discretion of the property owner. 2 4. The Council hereby adopts the recommendations of the City Arborist. 5. The determination of the Beautification Commission is upheld and the property owner of 2325 Poppy Drive may remove the Redwood tree located in the backyard of the subject property on the following conditions: (a) Removal of the tree must comply with all applicable regulations of the City or other governing source of law concerning the time, manner, and safety of the work or other requirements as may be imposed by law or regulation. (b) A twenty-four inch box Scarlet Oak must be planted and maintained on the subject property, and shall be located in the rear yard. Additionally, a twenty-four inch box single stem landscape tree, as defined in current Burlingame Municipal Code section 11.06.020(e), shall be planted on the property in a location selected by the property owner. These replacement trees must be planted within six months of removal and stumping of the redwood tree. (c) The property owner and any successors in interest shall have the obligation to use due care to maintain and support the Scarlet Oak planted in replacement of the removed tree, and the Scarlet Oak required by this resolution may not be removed, regardless of size, without first complying with any applicable requirements under the City Municipal Code for removal of protected trees, including as such requirements may be amended. (d) Failure to comply with the conditions of this resolution may result in enforcement penalties as provided in the Municipal Code Titles 1 and 11. ______________________________ Ann Keighran, 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 on the 20th day of April, 2015, and was adopted thereafter by the following vote: AYES: Councilmembers: NOES: Councilmembers: ABSENT: Councilmembers: ______________________________ Meaghan Hassel-Shearer, City Clerk 1 STAFF REPORT AGENDA NO: MEETING DATE: February 1, 2016 To: Honorable Mayor and City Council Date: February 1, 2016 From: Sigalle Michael, Sustainability Coordinator, 650-558-7261 Subject: Adoption of Resolutions Consenting to Inclusion of the City of Burlingame Properties in the California Home Finance Authority PACE Programs and Associate Membership in California Home Finance Authority RECOMMENDATION Staff recommends that the City Council adopt the attached resolutions authorizing the City’s participation in two Ygrene Property Assessed Clean Energy (PACE) financing program options. a. Resolution Consenting to Inclusion of Properties within the City’s Incorporated Area in CHF Community Facilities District No. 2014-1 (Clean Energy) to Finance Renewable Energy Generation, Energy Efficiency, Water Conservation and Electric Vehicle Charging Infrastructure Improvements and Approving Associate Membership in California Home Finance Authority b. Resolution Consenting to Inclusion of Properties within the City’s Incorporated Area in the CHF PACE Program to Finance Renewable Energy Generation, Energy and Water Efficiency Improvements and Electric Vehicle Charging Infrastructure and Approving Associate Membership in California Home Finance Authority BACKGROUND Property Assessed Clean Energy (PACE) financing programs offer an innovative way to finance the installation of renewable energy, energy efficiency, water conservation, seismic improvements, and electric vehicle charging infrastructure. Such projects often involve high upfront costs that may deter property owners from implementing energy and water efficiency improvements. PACE programs eliminate this obstacle by enabling property owners to tack the project costs onto their property tax bills and spread the cost of the project over many years. PACE programs are touted for making energy and water conservation projects more affordable for property owners and have been widely adopted across California jurisdictions. PACE programs were authorized by the passage of Assembly Bill (AB) 811 in 2008 and AB 474 in 2009. These bills authorize a legislative body to designate an area within which public officials and property owners may enter into voluntary contractual assessments to finance renewable energy sources, energy efficiency, seismic retrofits, electric vehicle charging infrastructure and water conservation improvements that are permanently fixed to a property. Repayment is made as part of the owner’s annual property tax payment, with flexible repayment terms ranging from five to 20 Ygrene PACE Program February 1, 2016 2 years. The PACE loan is attached to the property, and payments may be passed on to a new property owner if the property is sold before the PACE financing is paid in full. In April 2015, the City of Burlingame adopted four PACE programs including: CaliforniaFirst, Open Pace, Hero, and Figtree. PACE programs are non-exclusive, which means that multiple PACE programs are allowed to operate in a city. The addition of the Ygrene PACE program in Burlingame supports competition among the programs and provides greater options and potentially greater benefits to the City’s property owners. DISCUSSION PACE financing for qualified projects is obtained by the issuance of bonds by a governing authority. The Ygrene PACE program is associated with the California Home Finance Authority (CHF), which is in the process of formally changing its name to Golden State Finance Authority. CHF is a joint exercise of powers authority established pursuant to Chapter 5 of Division 7, Title 1 of the Government Code of the State of California (Section 6500 and following) (the “Act”) and the Joint Power Agreement entered into on July 1, 1993, as amended from time to time (the “Authority JPA”). CHF contracts with Ygrene Energy Fund CA LLC (Ygrene) to serve as the program administrator and to operate the Ygrene Works for California PACE financing program. CHF offers two PACE financing programs for residential, commercial, industrial and agricultural properties to address high up-front costs for property owners who wish to install measures that generate renewable energy or reduce their energy and water use. Each program was established under the legislative authority of a separate section of California Code with PACE laws, SB 555 and AB 811. CHF is currently implementing only the SB 555 PACE program with the option to implement the AB 811 version in the future if changes to the PACE laws make that option more viable. The two programs are essentially identical and resolutions to adopt each of the PACE program versions are attached. To participate in the Ygrene PACE programs, the City must become an Associate Member of CHF. A Joint Powers Authority (JPA) Agreement is included as part of each resolution. Associate membership permits participation in all CHF programs and does not involve any dues or costs to the City. The attached two resolutions approve joining the JPA as an Associate Member. To ensure that all program elements meet the intent of the program, PACE programs undertake judicial validation proceedings to verify that the programs are in compliance with all required protocols and notifications. CHF completed the process of validation for the SB 555 and AB 811 PACE programs and is fully operational in California. Participation in the PACE program by property owners is completely voluntary, and property owners agree to repay the amount borrowed through a voluntary contractual assessment with Ygrene. Payments are collected together with property taxes. The City incurs no financial obligations as a result of program participation. Ygrene PACE Program February 1, 2016 3 The Ygrene PACE program would join the City’s four existing PACE programs in offering property owners an innovative financing solution to make energy and water efficiency improvements to their properties. FISCAL IMPACT No fiscal impact. Exhibits: • Resolution for the CHF SB 555 Community Facilities District PACE program • Resolution for the CHF AB 811 Authority PACE program • Ygrene Flyer RESOLUTION NO. CITY COUNCIL, CITY OF BURLINGAME, STATE OF CALIFORNIA * * * * * * RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME, CALIFORNIA CONSENTING TO INCLUSION OF PROPERTIES WITHIN THE CITY’S JURISDICTION IN THE CALIFORNIA HOME FINANCE AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 2014-1 (CLEAN ENERGY) TO FINANCE RENEWABLE ENERGY IMPROVEMENTS, ENERGY EFFICIENCY AND WATER CONSERVATION IMPROVEMENTS AND ELECTRIC VEHICLE CHARGING INFRASTRUCTURE AND APPROVING ASSOCIATE MEMBERSHIP IN THE JOINT EXERCISE OF POWERS AUTHORITY RELATED THERETO WHEREAS, the California Home Finance Authority, a California joint powers authority, (the “Authority”) has established the Community Facilities District No. 2014- 1(Clean Energy) in accordance with the Mello-Roos Community Facilities Act, set forth in sections 53311 through 53368.3 of the California Government Code (the “Act”) and particularly in accordance with sections 53313.5(l) and 53328.1(a) (the “District”); and WHEREAS, the purpose of the District is to finance or refinance (including the payment of interest) the acquisition, installation, and improvement of energy efficiency, water conservation, renewable energy and electric vehicle charging infrastructure improvements permanently affixed to private or publicly-owned real property (the “Authorized Improvements”); and WHEREAS, the Authority is in the process of amending the Authority Joint Powers Agreement (the “Authority JPA”) to formally change its name to the Golden State Finance Authority; and WHEREAS, the City of Burlingame is committed to development of renewable energy generation and energy efficiency improvements, reduction of greenhouse gases, and protection of the environment; and WHEREAS, in the Act, the Legislature has authorized a parcel within the territory of the District to annex to the District and be subject to the special tax levy of the District only (i) if the city or county within which the parcel is located has consented, by the adoption of a resolution by the applicable city council or county board of supervisors, to the inclusion of parcels within its boundaries in the District and (ii) with the unanimous written approval of the owner or owners of the parcel when it is annexed (the “Unanimous Approval Agreement”), which, as provided in section 53329.6 of the Act, shall constitute the election required by the California Constitution; and WHEREAS, the City wishes to provide innovative solutions to its property owners to achieve energy efficiency and water conservation and in doing so cooperate with Authority in order to efficiently and economically assist property owners the City in financing such Authorized Improvements; and WHEREAS, the Authority has established the District, as permitted by the Act, the Authority JPA, originally made and entered into July 1, 1993, as amended to date, and the City, desires to become an Associate Member of the JPA by execution of the JPA Agreement, a copy of which is attached as Exhibit “A” hereto, to participate in the programs of the JPA and, to assist property owners within the incorporated area of the City in financing the cost of installing Authorized Improvements; and WHEREAS, the City will not be responsible for the conduct of any special tax proceedings; the levy and collection of special taxes or any required remedial action in the case of delinquencies in the payment of any special taxes in connection with the District. NOW, THEREFORE, BE IT RESOLVED THAT: 1. This City Council finds and declares that properties in the City’s incorporated area will be benefited by the availability of the Authority CFD No. 2014-1 (Clean Energy) to finance the installation of the Authorized Improvements. 2. This City Council consents to inclusion in the Authority CFD No. 2014-1 (Clean Energy) of all of the properties in the incorporated area within the City and to the Authorized Improvements, upon the request of and execution of the Unanimous Approval Agreement by the owners of such properties when such properties are annexed, in compliance with the laws, rules and regulations applicable to such program; and to the assumption of jurisdiction thereover by Authority for the purposes thereof. 3. The consent of this City Council constitutes assent to the assumption of jurisdiction by Authority for all purposes of the Authority CFD No. 2014-1 (Clean Energy) and authorizes Authority, upon satisfaction of the conditions imposed in this resolution, to take each and every step required for or suitable for financing the Authorized Improvements. 4. This City Council hereby approves joining the JPA as an Associate Member and authorizes the execution by appropriate City officials of any necessary documents to effectuate such membership. 5. City staff is authorized and directed to coordinate with Authority staff to facilitate operation of the Authority CFD No. 2014-1 (Clean Energy) within the City, and report back periodically to this City Council on the success of such program. 6. This Resolution shall take effect immediately upon its adoption. The City Clerk is directed to send a certified copy of this resolution to the Secretary of the Authority. ____________________________ Ann Keighran, 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 1st day of February, 2016, and was adopted thereafter by the following vote: AYES: Councilmembers: NOES: Councilmembers: ABSENT: Councilmembers: ____________________________ Meaghan Hassel-Shearer, City Clerk CALIFORNIA HOME FINANCE AUTHORITY AMENDED AND RESTATED JOINT EXERCISE OF POWERS AGREEMENT (Original date July 1, 1993 and as last amended and restated December 10, 2014) THIS AMENDED AND RESTATED JOINT EXERCISE OF POWERS AGREEMENT (“Agreement”) is entered into by and among the counties listed on Attachment 1 hereof and incorporated herein by reference. All such counties are referred to herein as "Members" with the respective powers, privileges and restrictions provided herein. RECITALS A. WHEREAS, the California Rural Home Mortgage Finance Authority (“CRHMFA”) was created by a Joint Exercise of Powers Agreement dated July 1, 1993 pursuant to the Joint Exercise of Powers Act (commencing with Article 1 of Chapter 5 of Division 7 of Title 1 of the Government Code of the State of California (the “Act”). By Resolution 2003-02, adopted on January 15, 2003, the name of the authority was changed to CRHMFA Homebuyers Fund. The most recent amendment to the Joint Exercise of Powers Agreement was on January 28, 2004. B. WHEREAS, the Members of CRHMFA Homebuyers Fund desire to update, reaffirm, clarify and revise certain provisions of the joint powers agreement, including the renaming of the joint powers authority, as set forth herein. C. WHEREAS, the Members are each empowered by law to finance the construction, acquisition, improvement and rehabilitation of real property. D. WHEREAS, by this Agreement, the Members desire to create and establish a joint powers authority to exercise their respective powers for the purpose of financing the construction, acquisition, improvement and rehabilitation of real property within the jurisdiction of the Authority as authorized by the Act. NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Members individually and collectively agree as follows: 1. Definitions Unless the context otherwise requires, the following terms shall for purposes of this Agreement have the meanings specified below: "Act" means the Joint Exercise of Powers Act, commencing with Article 1 of Chapter 5 of Division 7 of Title 1 of the Government Code of the State of California, including the Marks-Roos Local Bond Pooling Act of 1985, as amended. "Agreement" means this Joint Exercise of Powers Agreement, as the same now exists or as it may from time to time be amended as provided herein. "Associate Member" means a county, city or other public agency which is not a voting member of the Rural County Representatives of California, a California nonprofit corporation (“RCRC”), with legal power and authority similar to that of the Members, admitted pursuant to paragraph 4.d. below to associate membership herein by vote of the Board. “Audit Committee” means a committee made up of the nine-member Executive Committee. "Authority" means California Home Finance Authority (“CHF”), formerly known as CRHMFA Homebuyers Fund or California Rural Home Mortgage Finance Authority. "Board" means the governing board of the Authority as described in Section 7 below. "Bonds" means bonds, notes, warrants, leases, certificates of participation, installment purchase agreements, loan agreements and other securities or obligations issued by the Authority, or financing agreements entered into by the Authority pursuant to the Act and any other obligation within the meaning of the term "Bonds" under the Act. “Delegate” means the Supervisor designated by the governing board of each Member to serve on the Board of the Authority. “Executive Committee” means the nine-member Executive Committee of the Board established pursuant to Section 10 hereof. "Member" means any county which is a member of RCRC, has executed this Agreement and has become a member of the Authority. “Obligations” means bonds, notes, warrants, leases, certificates of participation, installment purchase agreements, loan agreements and other securities or obligations issued by the Authority, or financing agreements entered into by the Authority pursuant to the Act and any other financial or legal obligation of the Authority under the Act. “Program” or “Project” means any work, improvement, program, project or service undertaken by the Authority. "Rural County Representatives of California" or “RCRC” means the nonprofit entity incorporated under that name in the State of California. “Supervisor” means an elected County Supervisor from an RCRC member county. 2. Purpose The purpose of the Authority is to provide financing for the acquisition, construction, , improvement and rehabilitation of real property in accordance with applicable provisions of law for the benefit of residents and communities. In pursuit of this purpose, this Agreement provides for the joint exercise of powers common to any of its Members and Associate Members as provided herein, or otherwise authorized by the Act and other applicable laws, including assisting in financing as authorized herein, jointly exercised in the manner set forth herein. 3. Principal Place of Business The principal office of the Authority shall be 1215 K Street, Suite 1650, Sacramento, California 95814. 4. Creation of Authority; Addition of Members or Associate Members a. The Authority is hereby created pursuant to the Act. As provided in the Act, the Authority shall be a public entity separate and distinct from the Members or Associate Members. b. The Authority will cause a notice of this Agreement or any amendment hereto to be prepared and filed with the office of the Secretary of State of California in a timely fashion in the manner set forth in Section 6503.3 of the Act. c. A county that is a member of RCRC may petition to become a member of the Authority by submitting to the Board a resolution or evidence of other formal action taken by its governing body adopting this Agreement. The Board shall review the petition for membership and shall vote to approve or disapprove the petition. If the petition is approved by a majority of the Board, such county shall immediately become a Member of the Authority. d. An Associate Member may be added to the Authority upon the affirmative approval of its respective governing board and pursuant to action by the Authority Board upon such terms and conditions, and with such rights, privileges and responsibilities, as may be established from time to time by the Board. Such terms and conditions, and rights, privileges and responsibilities may vary among the Associate Members. Associate Members shall be entitled to participate in one or more programs of the Authority as determined by the Board, but shall not be voting members of the Board. The Executive Director of the Authority shall enforce the terms and conditions for prospective Associate Members to the Authority as provided by resolution of the Board and as amended from time to time by the Board. Changes in the terms and conditions for Associate Membership by the Board will not constitute an amendment of this Agreement. 5. Term and Termination of Powers This Agreement shall become effective from the date hereof until the earlier of the time when all Bonds and any interest thereon shall have been paid in full, or provision for such payment shall have been made, or when the Authority shall no longer own or hold any interest in a public capital improvement or program. The Authority shall continue to exercise the powers herein conferred upon it until termination of this Agreement, except that if any Bonds are issued and delivered, in no event shall the exercise of the powers herein granted be terminated until all Bonds so issued and delivered and the interest thereon shall have been paid or provision for such payment shall have been made and any other debt incurred with respect to any other financing program established or administered by the Authority has been repaid in full and is no longer outstanding. 6. Powers; Restriction upon Exercise a. To effectuate its purpose, the Authority shall have the power to exercise any and all powers of the Members or of a joint powers authority under the Act and other applicable provisions of law, subject, however, to the conditions and restrictions herein contained. Each Member or Associate Member may also separately exercise any and all such powers. The powers of the Authority are limited to those of a general law county. b. The Authority may adopt, from time to time, such resolutions, guidelines, rules and regulations for the conduct of its meetings and the activities of the Authority as it deems necessary or desirable to accomplish its purpose. c. The Authority shall have the power to finance the construction, acquisition, improvement and rehabilitation of real property, including the power to purchase, with the amounts received or to be received by it pursuant to a bond purchase agreement, bonds issued by any of its Members or Associate Members and other local agencies at public or negotiated sale, for the purpose set forth herein and in accordance with the Act. All or any part of such bonds so purchased may be held by the Authority or resold to public or private purchasers at public or negotiated sale. The Authority shall set any other terms and conditions of any purchase or sale contemplated herein as it deems necessary or convenient and in furtherance of the Act. The Authority may issue or cause to be issued Bonds or other indebtedness, and pledge any of its property or revenues as security to the extent permitted by resolution of the Board under any applicable provision of law. The Authority may issue Bonds in accordance with the Act in order to raise funds necessary to effectuate its purpose hereunder and may enter into agreements to secure such Bonds. The Authority may issue other forms of indebtedness authorized by the Act, and to secure such debt, to further such purpose. The Authority may utilize other forms of capital, including, but not limited to, the Authority’s internal resources, capital markets and other forms of private capital investment authorized by the Act.. d. The Authority is hereby authorized to do all acts necessary for the exercise of its powers, including, but not limited to: (1) executing contracts, (2) employing agents, consultants and employees, (3) acquiring, constructing or providing for maintenance and operation of any building, work or improvement, (4) acquiring, holding or disposing of real or personal property wherever located, including property subject to mortgage, (5) incurring debts, liabilities or obligations, (6) receiving gifts, contributions and donations of property, funds, services and any other forms of assistance from persons, firms, corporations or governmental entities, (7) suing and being sued in its own name, and litigating or settling any suits or claims, (8) doing any and all things necessary or convenient to the exercise of its specific powers and to accomplishing its purpose (9) establishing and/or administering districts to finance and refinance the acquisition, installation and improvement of energy efficiency, water conservation and renewable energy improvements to or on real property and in buildings. The Authority may enter into one or more agreements, including without limitation, participation agreements and implementation agreements to implement such programs. e. Subject to the applicable provisions of any indenture or resolution providing for the investment of monies held thereunder, the Authority shall have the power to invest any of its funds as the Board deems advisable, in the same manner and upon the same conditions as local agencies pursuant to Section 53601 of the Government Code of the State of California. f. All property, equipment, supplies, funds and records of the Authority shall be owned by the Authority, except as may be provided otherwise herein or by resolution of the Board. g. Pursuant to the provisions of Section 6508.1 of the Act, the debts, liabilities and obligations of the Authority shall not be debts, liabilities and obligations of the Members or Associate Members. Any Bonds, together with any interest and premium thereon, shall not constitute debts, liabilities or obligations of any Member. The Members or Associate Members hereby agree that any such Bonds issued by the Authority shall not constitute general obligations of the Authority but shall be payable solely from the moneys pledged to the repayment of principal or interest on such Bonds under the terms of the resolution, indenture, trust, agreement or other instrument pursuant to which such Bonds are issued. Neither the Members or Associate Members nor the Authority shall be obligated to pay the principal of or premium, if any, or interest on the Bonds, or other costs incidental thereto, except from the revenues and funds pledged therefor, and neither the faith and credit nor the taxing power of the Members or Associate Members or the Authority shall be pledged to the payment of the principal of or premium, if any, or interest on the Bonds, nor shall the Members or Associate Members of the Authority be obligated in any manner to make any appropriation for such payment. No covenant or agreement contained in any Bond shall be deemed to be a covenant or agreement of any Delegate, or any officer, agent or employee of the Authority in an individual capacity, and neither the Board nor any officer thereof executing the Bonds or any document related thereto shall be liable personally on any Bond or be subject to any personal liability or accountability by reason of the issuance of any Bonds. 7. Governing Board a. The Board shall consist of the number of Delegates equal to one representative from each Member. b. The governing body of each Member shall appoint one of its Supervisors to serve as a Delegate on the Board. A Member’s appointment of its Delegate shall be delivered in writing (which may be by electronic mail) to the Authority and shall be effective until he or she is replaced by such governing body or no longer a Supervisor; any vacancy shall be filled by the governing body of the Member in the same manner provided in this paragraph b.. c. The governing body of each Member of the Board shall appoint a Supervisor as an alternate to serve on the Board in the absence of the Delegate; the alternate may exercise all the rights and privileges of the Delegate, including the right to be counted in constituting a quorum, to participate in the proceedings of the Board, and to vote upon any and all matters. No alternate may have more than one vote at any meeting of the Board, and any Member’s designation of an alternate shall be delivered in writing (which may be by electronic mail) to the Authority and shall be effective until such alternate is replaced by his or her governing body or is no longer a Supervisor, unless otherwise specified in such appointment. Any vacancy shall be filled by the governing body of the Member in the same manner provided in this paragraph c.. d. Any person who is not a member of the governing body of a Member and who attends a meeting on behalf of such Member may not vote or be counted toward a quorum but may, at the discretion of the Chair, participate in open meetings he or she attends. e. Each Associate Member may designate a non-voting representative to the Board who may not be counted toward a quorum but who may attend open meetings, propose agenda items and otherwise participate in Board Meetings. f. Delegates shall not receive compensation for serving as Delegates, but may claim and receive reimbursement for expenses actually incurred in connection with such service pursuant to rules approved by the Board and subject to the availability of funds. g. The Board shall have the power, by resolution, to the extent permitted by the Act or any other applicable law, to exercise any powers of the Authority and to delegate any of its functions to the Executive Committee or one or more Delegates, officers or agents of the Authority, and to cause any authorized Delegate, officer or agent to take any actions and execute any documents for and in the name and on behalf of the Board or the Authority. h. The Board may establish such committees as it deems necessary for any lawful purpose; such committees are advisory only and may not act or purport to act on behalf of the Board or the Authority. i. The Board shall develop, or cause to be developed, and review, modify as necessary, and adopt each Program. 8. Meetings of the Board a. The Board shall meet at least once annually, but may meet more frequently upon call of any officer or as provided by resolution of the Board. b. Meetings of the Board shall be called, noticed, held and conducted pursuant to the provisions of the Ralph M. Brown Act, Chapter 9 (commencing with Section 54950) of Part I of Division 2 of Title 5 of the Government Code of the State of California. c. The Secretary of the Authority shall cause minutes of all meetings of the Board to be taken and distributed to each Member as soon as possible after each meeting. d. The lesser of twelve (12) Delegates or a majority of the number of current Delegates shall constitute a quorum for transacting business at any meeting of the Board, except that less than a quorum may act to adjourn a meeting. Each Delegate shall have one vote. e. Meetings may be held at any location designated in notice properly given for a meeting and may be conducted by telephonic or similar means in any manner otherwise allowed by law. 9. Officers; Duties; Official Bonds a. The Board shall elect a chair and vice chair from among the Delegates at the Board’s annual meeting who shall serve a term of one (1) year or until their respective successor is elected. The chair shall conduct the meetings of the Board and perform such other duties as may be specified by resolution of the Board. The vice chair shall perform such duties in the absence or in the event of the unavailability of the chair. b. The Board shall contract annually with RCRC to administer the Agreement and to provide administrative services to the Authority, and the President and Chief Executive Officer of RCRC shall serve ex officio as Executive Director, Secretary, Treasurer, and Auditor of the Authority. As chief executive of the Authority, the Executive Director is authorized to execute contracts and other obligations of the Authority, unless prior Board approval is required by a third party, by law or by Board specification, and to perform other duties specified by the Board. The Executive Director may appoint such other officers as may be required for the orderly conduct of the Authority’s business and affairs who shall serve at the pleasure of the Executive Director. Subject to the applicable provisions of any indenture or resolution providing for a trustee or other fiscal agent, the Executive Director, as Treasurer, is designated as the custodian of the Authority’s funds, from whatever source, and, as such, shall have the powers, duties and responsibilities specified in Section 6505.5 of the Act. The Executive Director, as Auditor, shall have the powers, duties and responsibilities specified in Section 6505.5 of the Act. c. The Legislative Advocate for the Authority shall be the Rural County Representatives of California. d. The Treasurer and Auditor are public officers who have charge of, handle, or have access to all property of the Authority, and a bond for such officer in the amount of at least one hundred thousand dollars ($100,000.00) shall be obtained at the expense of the Authority and filed with the Executive Director. Such bond may secure the faithful performance of such officer’s duties with respect to another public office if such bond in at least the same amount specifically mentions the office of the Authority as required herein. The Treasurer and Auditor shall cause periodic independent audits to be made of the Authority’s books by a certified public accountant, or public accountant, in compliance with Section 6505 of the Act. e. The business of the Authority shall be conducted under the supervision of the Executive Director by RCRC personnel. 10. Executive Committee of the Authority a. Composition The Authority shall appoint nine (9) members of its Board to serve on an Executive Committee. b. Powers and Limitations The Executive Committee shall act in an advisory capacity and make recommendations to the Authority Board. Duties will include, but not be limited to, review of the quarterly and annual budgets, service as the Audit Committee for the Authority, periodically review this Agreement; and complete any other tasks as may be assigned by the Board. The Executive Committee shall be subject to all limitations imposed by this Agreement, other applicable law, and resolutions of the Board. c. Quorum A majority of the Executive Committee shall constitute a quorum for transacting business of the Executive Committee. 11. Disposition of Assets Upon termination of this Agreement, all remaining assets and liabilities of the Authority shall be distributed to the respective Members in such manner as shall be determined by the Board and in accordance with the law. 12. Agreement Not Exclusive; Operation in Jurisdiction of Member This Agreement shall not be exclusive, and each Member expressly reserves its rights to carry out other public capital improvements and programs as provided for by law and to issue other obligations for those purposes. This Agreement shall not be deemed to amend or alter the terms of other agreements among the Members or Associate Members. 13. Conflict of Interest Code The Authority shall by resolution adopt a Conflict of Interest Code as required by law. 14. Contributions and Advances Contributions or advances of public funds and of personnel, equipment or property maybe made to the Authority by any Member, Associate Member or any other public agency to further the purpose of this Agreement. Payment of public funds may be made to defray the cost of any contribution. Any advance may be made subject to repayment, and in that case shall be repaid in the manner agreed upon by the advancing Member, Associate Member or other public agency and the Authority at the time of making the advance. 15. Fiscal Year; Accounts; Reports; Annual Budget; Administrative Expenses a. The fiscal year of the Authority shall be the period from January 1 of each year to and including the following December 31, except for any partial fiscal year resulting from a change in accounting based on a different fiscal year previously. b. Prior to the beginning of each fiscal year, the Board shall adopt a budget for the succeeding fiscal year. c. The Authority shall establish and maintain such funds and accounts as may be required by generally accepted accounting principles. The books and records of the Authority are public records and shall be open to inspection at all reasonable times by each Member and its representatives. d. The Auditor shall either make, or contract with a certified public accountant or public accountant to make, an annual audit of the accounts and records of the Authority. The minimum requirements of the audit shall be those prescribed by the State Controller for special districts under Section 26909 of the Government Code of the State of California, and shall conform to generally accepted auditing standards. When an audit of accounts and records is made by a certified public accountant or public accountant, a report thereof shall be filed as a public record with each Member (and also with the auditor of Sacramento County as the county in which the Authority’s office is located) within 12 months after the end of the fiscal year. e. In any year in which the annual budget of the Authority does not exceed five thousand dollars ($5,000.00), the Board may, upon unanimous approval of the Board, replace the annual audit with an ensuing one-year period, but in no event for a period longer than two fiscal years. 16. Duties of Members or Associate Members; Breach If any Member or Associate Member shall default in performing any covenant contained herein, such default shall not excuse that Member or Associate Member from fulfilling its other obligations hereunder, and such defaulting Member or Associate Member shall remain liable for the performance of all covenants hereof. Each Member or Associate Member hereby declares that this Agreement is entered into for the benefit of the Authority created hereby, and each Member or Associate Member hereby grants to the Authority the right to enforce, by whatever lawful means the Authority deems appropriate, all of the obligations of each of the parties hereunder. Each and all of the remedies given to the Authority hereunder or by any law now or hereafter enacted are cumulative, and the exercise of one right or remedy shall not impair the right of the Authority to any or all other remedies. 17. Indemnification To the full extent permitted by law, the Board may authorize indemnification by the Authority of any person who is or was a Board Delegate, alternate, officer, consultant, employee or other agent of the Authority, and who was or is a party or is threatened to be made a party to a proceeding by reason of the fact that such person is or was such a Delegate, alternate, officer, consultant, employee or other agent of the Authority. Such indemnification may be made against expenses, judgments, fines, settlements and other amounts actually and reasonably incurred in connection with such proceeding, if such person acted in good faith and in a manner such person reasonably believed to be in the best interests of the Authority and, in the case of a criminal proceeding, had no reasonable cause to believe his or her conduct was unlawful and, in the case of an action by or in the right of the Authority, acted with such care, including reasonable inquiry, as an ordinarily prudent person in a like position would use under similar circumstances. 18. Immunities All of the privileges and immunities from liabilities, exemptions from law, ordinances and rules, all pension, relief, disability, workers' compensation and other benefits which apply to the activity of officers, agents or employees of any of the Members or Associate Members when performing their respective functions, shall apply to them to the same degree and extent while engaged as Delegates or otherwise as an officer, agent or other representative of the Authority or while engaged in the performance of any of their functions or duties under the provisions of this Agreement. 19. Amendment This Agreement may be amended by the adoption of the amendment by the governing bodies of a majority of the Members. The amendment shall become effective on the first day of the month following the last required member agency approval. An amendment may be initiated by the Board, upon approval by a majority of the Board. Any proposed amendment, including the text of the proposed change, shall be given by the Board to each Member’s Delegate for presentation and action by each Member's board within 60 days, which time may be extended by the Board. The list of Members, Attachment 1, may be updated to reflect new and/or withdrawn Members without requiring formal amendment of the Agreement by the Authority Board of Directors. 20. Withdrawal of Member or Associate Member If a Member withdraws as member of RCRC, its membership in the Authority shall automatically terminate. A Member or Associate Member may withdraw from this Agreement upon written notice to the Board; provided however, that no such withdrawal shall result in the dissolution of the Authority as long as any Bonds or other obligations of the Authority remain outstanding. Any such withdrawal shall become effective thirty (30) days after a resolution adopted by the Member's governing body which authorizes withdrawal is received by the Authority. Notwithstanding the foregoing, any termination of membership or withdrawal from the Authority shall not operate to relieve any terminated or withdrawing Member or Associate Member from Obligations incurred by such terminated or withdrawing Member or Associate Member prior to the time of its termination or withdrawal. 20. Miscellaneous a. Counterparts. This Agreement may be executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. b. Construction. The section headings herein are for convenience only and are not to be construed as modifying or governing the language in the section referred to. c. Approvals. Wherever in this Agreement any consent or approval is required, the same shall not be unreasonably withheld. d. Jurisdiction; Venue. This Agreement is made in the State of California, under the Constitution and laws of such State and is to be so construed; any action to enforce or interpret its terms shall be brought in Sacramento County, California. e. Integration. This Agreement is the complete and exclusive statement of the agreement among the parties hereto, and it supersedes and merges all prior proposals, understandings, and other agreements, whether oral, written, or implied in conduct, between and among the parties relating to the subject matter of this Agreement. f. Successors; Assignment. This Agreement shall be binding upon and shall inure to the benefit of the successors of the parties hereto. Except to the extent expressly provided herein, no Member may assign any right or obligation hereunder without the consent of the Board. g. Severability. Should any part, term or provision of this Agreement be decided by the courts to be illegal or in conflict with any law of the State of California, or otherwise be rendered unenforceable or ineffectual, the validity of the remaining parts, terms or provisions hereof shall not be affected thereby. The parties hereto have caused this Agreement to be executed and attested by their properly authorized officers. AS ADOPTED BY THE MEMBERS: Originally dated July 1, 1993 Amended and restated December 10, 1998 Amended and restated February 18, 1999 Amended and restated September 18, 2002 Amended and restated January 28, 2004 Amended and restated December 10, 2014 [SIGNATURES ON FOLLOWING PAGES] SIGNATURE PAGE FOR NEW ASSOCIATE MEMBERS NAME OF COUNTY OR CITY: Dated: By: Name: Title: Attest: By [Clerk of the Board Supervisors or City Clerk] AFTER EXECUTION, PLEASE SEND TO: YGRENE ENERGY FUND ATTN: LEGAL DEPARTMENT 815 5TH STREET SANTA ROSA CA 95404 ATTACHMENT 1 CALIFORNIA HOME FINANCE AUTHORITY MEMBERS As of December 10, 2014 Alpine County Amador County Butte County Calaveras County Colusa County Del Norte County El Dorado County Glenn County Humboldt County Imperial County Inyo County Lake County Lassen County Madera County Mariposa County Mendocino County Merced County Modoc County Mono County Napa County Nevada County Placer County Plumas County San Benito County Shasta County Sierra County Siskiyou County Sutter County Tehama County Trinity County Tuolumne County Yolo County Yuba County RESOLUTION NO. CITY COUNCIL, CITY OF BURLINGAME, STATE OF CALIFORNIA * * * * * * RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME CONSENTING TO INCLUSION OF PROPERTIES WITHIN THE CITY’S JURISDICTION IN THE CALIFORNIA HOME FINANCE AUTHORITY, PROGRAM TO FINANCE RENEWABLE ENERGY GENERATION, ENERGY AND WATER EFFICIENCY IMPROVEMENTS AND ELECTRIC VEHICLE CHARGING INFRASTRUCTURE AND APPROVING ASSOCIATE MEMBERSHIP IN THE JOINT EXERCISE OF POWERS AUTHORITY RELATED THERETO WHEREAS, the California Home Finance Authority (“Authority”) is a joint exercise of powers authority established pursuant to Chapter 5 of Division 7, Title 1 of the Government Code of the State of California (Section 6500 and following) (the “Act”) and the Joint Power Agreement entered into on July 1, 1993, as amended from time to time (the “Authority JPA”); and WHEREAS, the Authority is in the process of amending the Authority JPA to formally change its name to the Golden State Finance Authority; and WHEREAS, Authority has established a property-assessed clean energy (“PACE”) Program (the “Authority PACE Program”) to provide for the financing of renewable energy generation, energy and water efficiency improvements and electric vehicle charging infrastructure (the “Improvements”) pursuant to Chapter 29 of the Improvement Bond Act of 1911, being Division 7 of the California Streets and Highways Code (“Chapter 29”) within counties and cities throughout the State of California that elect to participate in such program; and WHEREAS, City of Burlingame (the “City”) is committed to development of renewable energy generation and energy and water efficiency improvements, reduction of greenhouse gases, and protection of the environment; and WHEREAS, in Chapter 29, the Legislature has authorized cities and counties to assist property owners in financing the cost of installing improvements through a voluntary contractual assessment program; and WHEREAS, installation of such Improvements by property owners within the jurisdictional boundaries of the counties and cities that are participating in the Authority PACE Program would promote the purposes cited above; and WHEREAS, the City wishes to provide innovative solutions to its property owners to achieve energy and water efficiency, and in doing so cooperate with Authority in order to efficiently and economically assist property owners within the City in financing such Improvements; and WHEREAS, Authority has established the Authority PACE Program, which is such a voluntary contractual assessment program, as permitted by the Act, the Authority JPA, originally made and entered into July 1, 1993, as amended to date, and the City, desires to become an Associate Member of the JPA by execution of the JPA Agreement, a copy of which is attached as Exhibit “A” hereto, to participate in the programs of the JPA and to assist property owners within the jurisdiction of the City in financing the cost of installing Improvements; and WHEREAS, the City will not be responsible for the conduct of any assessment proceedings; the levy and collection of assessments or any required remedial action in the case of delinquencies in the payment of any assessments or the issuance, sale or administration of any bonds issued in connection with the Authority PACE Program. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BURLINGAME RESOLVES AS FOLLOWS: 1. This City Council finds and declares that properties in the City’s incorporated area will be benefited by the availability of the Authority PACE Program to finance the installation of the Improvements. 2. This City Council consents to inclusion in the Authority PACE Program of all of the properties in the jurisdictional boundaries of the City and to the Improvements, upon the request by and voluntary agreement of owners of such properties, in compliance with the laws, rules and regulations applicable to such program; and to the assumption of jurisdiction thereover by Authority for the purposes thereof. 3. The consent of this City Council constitutes assent to the assumption of jurisdiction by Authority for all purposes of the Authority PACE Program and authorizes Authority, upon satisfaction of the conditions imposed in this resolution, to take each and every step required for or suitable for financing the Improvements, including the levying, collecting and enforcement of the contractual assessments to finance the Improvements and the issuance and enforcement of bonds to represent such contractual assessments. 4. This City Council hereby approves joining the JPA as an Associate Member and authorizes the execution by appropriate City officials of any necessary documents to effectuate such membership. 5. City staff is authorized and directed to coordinate with Authority staff to facilitate operation of the Authority PACE Program within the City, and report back periodically to this City Council on the success of such program. 6. This Resolution shall take effect immediately upon its adoption. The City Clerk is directed to send a certified copy of this resolution to the Secretary of the Authority. ____________________________ Ann Keighran, 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 1st day of February, 2016, and was adopted thereafter by the following vote: AYES: Councilmembers: NOES: Councilmembers: ABSENT: Councilmembers: ____________________________ Meaghan Hassel-Shearer, City Clerk CALIFORNIA HOME FINANCE AUTHORITY AMENDED AND RESTATED JOINT EXERCISE OF POWERS AGREEMENT (Original date July 1, 1993 and as last amended and restated December 10, 2014) THIS AMENDED AND RESTATED JOINT EXERCISE OF POWERS AGREEMENT (“Agreement”) is entered into by and among the counties listed on Attachment 1 hereof and incorporated herein by reference. All such counties are referred to herein as "Members" with the respective powers, privileges and restrictions provided herein. RECITALS A. WHEREAS, the California Rural Home Mortgage Finance Authority (“CRHMFA”) was created by a Joint Exercise of Powers Agreement dated July 1, 1993 pursuant to the Joint Exercise of Powers Act (commencing with Article 1 of Chapter 5 of Division 7 of Title 1 of the Government Code of the State of California (the “Act”). By Resolution 2003-02, adopted on January 15, 2003, the name of the authority was changed to CRHMFA Homebuyers Fund. The most recent amendment to the Joint Exercise of Powers Agreement was on January 28, 2004. B. WHEREAS, the Members of CRHMFA Homebuyers Fund desire to update, reaffirm, clarify and revise certain provisions of the joint powers agreement, including the renaming of the joint powers authority, as set forth herein. C. WHEREAS, the Members are each empowered by law to finance the construction, acquisition, improvement and rehabilitation of real property. D. WHEREAS, by this Agreement, the Members desire to create and establish a joint powers authority to exercise their respective powers for the purpose of financing the construction, acquisition, improvement and rehabilitation of real property within the jurisdiction of the Authority as authorized by the Act. NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Members individually and collectively agree as follows: 1. Definitions Unless the context otherwise requires, the following terms shall for purposes of this Agreement have the meanings specified below: "Act" means the Joint Exercise of Powers Act, commencing with Article 1 of Chapter 5 of Division 7 of Title 1 of the Government Code of the State of California, including the Marks-Roos Local Bond Pooling Act of 1985, as amended. "Agreement" means this Joint Exercise of Powers Agreement, as the same now exists or as it may from time to time be amended as provided herein. "Associate Member" means a county, city or other public agency which is not a voting member of the Rural County Representatives of California, a California nonprofit corporation (“RCRC”), with legal power and authority similar to that of the Members, admitted pursuant to paragraph 4.d. below to associate membership herein by vote of the Board. “Audit Committee” means a committee made up of the nine-member Executive Committee. "Authority" means California Home Finance Authority (“CHF”), formerly known as CRHMFA Homebuyers Fund or California Rural Home Mortgage Finance Authority. "Board" means the governing board of the Authority as described in Section 7 below. "Bonds" means bonds, notes, warrants, leases, certificates of participation, installment purchase agreements, loan agreements and other securities or obligations issued by the Authority, or financing agreements entered into by the Authority pursuant to the Act and any other obligation within the meaning of the term "Bonds" under the Act. “Delegate” means the Supervisor designated by the governing board of each Member to serve on the Board of the Authority. “Executive Committee” means the nine-member Executive Committee of the Board established pursuant to Section 10 hereof. "Member" means any county which is a member of RCRC, has executed this Agreement and has become a member of the Authority. “Obligations” means bonds, notes, warrants, leases, certificates of participation, installment purchase agreements, loan agreements and other securities or obligations issued by the Authority, or financing agreements entered into by the Authority pursuant to the Act and any other financial or legal obligation of the Authority under the Act. “Program” or “Project” means any work, improvement, program, project or service undertaken by the Authority. "Rural County Representatives of California" or “RCRC” means the nonprofit entity incorporated under that name in the State of California. “Supervisor” means an elected County Supervisor from an RCRC member county. 2. Purpose The purpose of the Authority is to provide financing for the acquisition, construction, , improvement and rehabilitation of real property in accordance with applicable provisions of law for the benefit of residents and communities. In pursuit of this purpose, this Agreement provides for the joint exercise of powers common to any of its Members and Associate Members as provided herein, or otherwise authorized by the Act and other applicable laws, including assisting in financing as authorized herein, jointly exercised in the manner set forth herein. 3. Principal Place of Business The principal office of the Authority shall be 1215 K Street, Suite 1650, Sacramento, California 95814. 4. Creation of Authority; Addition of Members or Associate Members a. The Authority is hereby created pursuant to the Act. As provided in the Act, the Authority shall be a public entity separate and distinct from the Members or Associate Members. b. The Authority will cause a notice of this Agreement or any amendment hereto to be prepared and filed with the office of the Secretary of State of California in a timely fashion in the manner set forth in Section 6503.3 of the Act. c. A county that is a member of RCRC may petition to become a member of the Authority by submitting to the Board a resolution or evidence of other formal action taken by its governing body adopting this Agreement. The Board shall review the petition for membership and shall vote to approve or disapprove the petition. If the petition is approved by a majority of the Board, such county shall immediately become a Member of the Authority. d. An Associate Member may be added to the Authority upon the affirmative approval of its respective governing board and pursuant to action by the Authority Board upon such terms and conditions, and with such rights, privileges and responsibilities, as may be established from time to time by the Board. Such terms and conditions, and rights, privileges and responsibilities may vary among the Associate Members. Associate Members shall be entitled to participate in one or more programs of the Authority as determined by the Board, but shall not be voting members of the Board. The Executive Director of the Authority shall enforce the terms and conditions for prospective Associate Members to the Authority as provided by resolution of the Board and as amended from time to time by the Board. Changes in the terms and conditions for Associate Membership by the Board will not constitute an amendment of this Agreement. 5. Term and Termination of Powers This Agreement shall become effective from the date hereof until the earlier of the time when all Bonds and any interest thereon shall have been paid in full, or provision for such payment shall have been made, or when the Authority shall no longer own or hold any interest in a public capital improvement or program. The Authority shall continue to exercise the powers herein conferred upon it until termination of this Agreement, except that if any Bonds are issued and delivered, in no event shall the exercise of the powers herein granted be terminated until all Bonds so issued and delivered and the interest thereon shall have been paid or provision for such payment shall have been made and any other debt incurred with respect to any other financing program established or administered by the Authority has been repaid in full and is no longer outstanding. 6. Powers; Restriction upon Exercise a. To effectuate its purpose, the Authority shall have the power to exercise any and all powers of the Members or of a joint powers authority under the Act and other applicable provisions of law, subject, however, to the conditions and restrictions herein contained. Each Member or Associate Member may also separately exercise any and all such powers. The powers of the Authority are limited to those of a general law county. b. The Authority may adopt, from time to time, such resolutions, guidelines, rules and regulations for the conduct of its meetings and the activities of the Authority as it deems necessary or desirable to accomplish its purpose. c. The Authority shall have the power to finance the construction, acquisition, improvement and rehabilitation of real property, including the power to purchase, with the amounts received or to be received by it pursuant to a bond purchase agreement, bonds issued by any of its Members or Associate Members and other local agencies at public or negotiated sale, for the purpose set forth herein and in accordance with the Act. All or any part of such bonds so purchased may be held by the Authority or resold to public or private purchasers at public or negotiated sale. The Authority shall set any other terms and conditions of any purchase or sale contemplated herein as it deems necessary or convenient and in furtherance of the Act. The Authority may issue or cause to be issued Bonds or other indebtedness, and pledge any of its property or revenues as security to the extent permitted by resolution of the Board under any applicable provision of law. The Authority may issue Bonds in accordance with the Act in order to raise funds necessary to effectuate its purpose hereunder and may enter into agreements to secure such Bonds. The Authority may issue other forms of indebtedness authorized by the Act, and to secure such debt, to further such purpose. The Authority may utilize other forms of capital, including, but not limited to, the Authority’s internal resources, capital markets and other forms of private capital investment authorized by the Act.. d. The Authority is hereby authorized to do all acts necessary for the exercise of its powers, including, but not limited to: (1) executing contracts, (2) employing agents, consultants and employees, (3) acquiring, constructing or providing for maintenance and operation of any building, work or improvement, (4) acquiring, holding or disposing of real or personal property wherever located, including property subject to mortgage, (5) incurring debts, liabilities or obligations, (6) receiving gifts, contributions and donations of property, funds, services and any other forms of assistance from persons, firms, corporations or governmental entities, (7) suing and being sued in its own name, and litigating or settling any suits or claims, (8) doing any and all things necessary or convenient to the exercise of its specific powers and to accomplishing its purpose (9) establishing and/or administering districts to finance and refinance the acquisition, installation and improvement of energy efficiency, water conservation and renewable energy improvements to or on real property and in buildings. The Authority may enter into one or more agreements, including without limitation, participation agreements and implementation agreements to implement such programs. e. Subject to the applicable provisions of any indenture or resolution providing for the investment of monies held thereunder, the Authority shall have the power to invest any of its funds as the Board deems advisable, in the same manner and upon the same conditions as local agencies pursuant to Section 53601 of the Government Code of the State of California. f. All property, equipment, supplies, funds and records of the Authority shall be owned by the Authority, except as may be provided otherwise herein or by resolution of the Board. g. Pursuant to the provisions of Section 6508.1 of the Act, the debts, liabilities and obligations of the Authority shall not be debts, liabilities and obligations of the Members or Associate Members. Any Bonds, together with any interest and premium thereon, shall not constitute debts, liabilities or obligations of any Member. The Members or Associate Members hereby agree that any such Bonds issued by the Authority shall not constitute general obligations of the Authority but shall be payable solely from the moneys pledged to the repayment of principal or interest on such Bonds under the terms of the resolution, indenture, trust, agreement or other instrument pursuant to which such Bonds are issued. Neither the Members or Associate Members nor the Authority shall be obligated to pay the principal of or premium, if any, or interest on the Bonds, or other costs incidental thereto, except from the revenues and funds pledged therefor, and neither the faith and credit nor the taxing power of the Members or Associate Members or the Authority shall be pledged to the payment of the principal of or premium, if any, or interest on the Bonds, nor shall the Members or Associate Members of the Authority be obligated in any manner to make any appropriation for such payment. No covenant or agreement contained in any Bond shall be deemed to be a covenant or agreement of any Delegate, or any officer, agent or employee of the Authority in an individual capacity, and neither the Board nor any officer thereof executing the Bonds or any document related thereto shall be liable personally on any Bond or be subject to any personal liability or accountability by reason of the issuance of any Bonds. 7. Governing Board a. The Board shall consist of the number of Delegates equal to one representative from each Member. b. The governing body of each Member shall appoint one of its Supervisors to serve as a Delegate on the Board. A Member’s appointment of its Delegate shall be delivered in writing (which may be by electronic mail) to the Authority and shall be effective until he or she is replaced by such governing body or no longer a Supervisor; any vacancy shall be filled by the governing body of the Member in the same manner provided in this paragraph b.. c. The governing body of each Member of the Board shall appoint a Supervisor as an alternate to serve on the Board in the absence of the Delegate; the alternate may exercise all the rights and privileges of the Delegate, including the right to be counted in constituting a quorum, to participate in the proceedings of the Board, and to vote upon any and all matters. No alternate may have more than one vote at any meeting of the Board, and any Member’s designation of an alternate shall be delivered in writing (which may be by electronic mail) to the Authority and shall be effective until such alternate is replaced by his or her governing body or is no longer a Supervisor, unless otherwise specified in such appointment. Any vacancy shall be filled by the governing body of the Member in the same manner provided in this paragraph c.. d. Any person who is not a member of the governing body of a Member and who attends a meeting on behalf of such Member may not vote or be counted toward a quorum but may, at the discretion of the Chair, participate in open meetings he or she attends. e. Each Associate Member may designate a non-voting representative to the Board who may not be counted toward a quorum but who may attend open meetings, propose agenda items and otherwise participate in Board Meetings. f. Delegates shall not receive compensation for serving as Delegates, but may claim and receive reimbursement for expenses actually incurred in connection with such service pursuant to rules approved by the Board and subject to the availability of funds. g. The Board shall have the power, by resolution, to the extent permitted by the Act or any other applicable law, to exercise any powers of the Authority and to delegate any of its functions to the Executive Committee or one or more Delegates, officers or agents of the Authority, and to cause any authorized Delegate, officer or agent to take any actions and execute any documents for and in the name and on behalf of the Board or the Authority. h. The Board may establish such committees as it deems necessary for any lawful purpose; such committees are advisory only and may not act or purport to act on behalf of the Board or the Authority. i. The Board shall develop, or cause to be developed, and review, modify as necessary, and adopt each Program. 8. Meetings of the Board a. The Board shall meet at least once annually, but may meet more frequently upon call of any officer or as provided by resolution of the Board. b. Meetings of the Board shall be called, noticed, held and conducted pursuant to the provisions of the Ralph M. Brown Act, Chapter 9 (commencing with Section 54950) of Part I of Division 2 of Title 5 of the Government Code of the State of California. c. The Secretary of the Authority shall cause minutes of all meetings of the Board to be taken and distributed to each Member as soon as possible after each meeting. d. The lesser of twelve (12) Delegates or a majority of the number of current Delegates shall constitute a quorum for transacting business at any meeting of the Board, except that less than a quorum may act to adjourn a meeting. Each Delegate shall have one vote. e. Meetings may be held at any location designated in notice properly given for a meeting and may be conducted by telephonic or similar means in any manner otherwise allowed by law. 9. Officers; Duties; Official Bonds a. The Board shall elect a chair and vice chair from among the Delegates at the Board’s annual meeting who shall serve a term of one (1) year or until their respective successor is elected. The chair shall conduct the meetings of the Board and perform such other duties as may be specified by resolution of the Board. The vice chair shall perform such duties in the absence or in the event of the unavailability of the chair. b. The Board shall contract annually with RCRC to administer the Agreement and to provide administrative services to the Authority, and the President and Chief Executive Officer of RCRC shall serve ex officio as Executive Director, Secretary, Treasurer, and Auditor of the Authority. As chief executive of the Authority, the Executive Director is authorized to execute contracts and other obligations of the Authority, unless prior Board approval is required by a third party, by law or by Board specification, and to perform other duties specified by the Board. The Executive Director may appoint such other officers as may be required for the orderly conduct of the Authority’s business and affairs who shall serve at the pleasure of the Executive Director. Subject to the applicable provisions of any indenture or resolution providing for a trustee or other fiscal agent, the Executive Director, as Treasurer, is designated as the custodian of the Authority’s funds, from whatever source, and, as such, shall have the powers, duties and responsibilities specified in Section 6505.5 of the Act. The Executive Director, as Auditor, shall have the powers, duties and responsibilities specified in Section 6505.5 of the Act. c. The Legislative Advocate for the Authority shall be the Rural County Representatives of California. d. The Treasurer and Auditor are public officers who have charge of, handle, or have access to all property of the Authority, and a bond for such officer in the amount of at least one hundred thousand dollars ($100,000.00) shall be obtained at the expense of the Authority and filed with the Executive Director. Such bond may secure the faithful performance of such officer’s duties with respect to another public office if such bond in at least the same amount specifically mentions the office of the Authority as required herein. The Treasurer and Auditor shall cause periodic independent audits to be made of the Authority’s books by a certified public accountant, or public accountant, in compliance with Section 6505 of the Act. e. The business of the Authority shall be conducted under the supervision of the Executive Director by RCRC personnel. 10. Executive Committee of the Authority a. Composition The Authority shall appoint nine (9) members of its Board to serve on an Executive Committee. b. Powers and Limitations The Executive Committee shall act in an advisory capacity and make recommendations to the Authority Board. Duties will include, but not be limited to, review of the quarterly and annual budgets, service as the Audit Committee for the Authority, periodically review this Agreement; and complete any other tasks as may be assigned by the Board. The Executive Committee shall be subject to all limitations imposed by this Agreement, other applicable law, and resolutions of the Board. c. Quorum A majority of the Executive Committee shall constitute a quorum for transacting business of the Executive Committee. 11. Disposition of Assets Upon termination of this Agreement, all remaining assets and liabilities of the Authority shall be distributed to the respective Members in such manner as shall be determined by the Board and in accordance with the law. 12. Agreement Not Exclusive; Operation in Jurisdiction of Member This Agreement shall not be exclusive, and each Member expressly reserves its rights to carry out other public capital improvements and programs as provided for by law and to issue other obligations for those purposes. This Agreement shall not be deemed to amend or alter the terms of other agreements among the Members or Associate Members. 13. Conflict of Interest Code The Authority shall by resolution adopt a Conflict of Interest Code as required by law. 14. Contributions and Advances Contributions or advances of public funds and of personnel, equipment or property maybe made to the Authority by any Member, Associate Member or any other public agency to further the purpose of this Agreement. Payment of public funds may be made to defray the cost of any contribution. Any advance may be made subject to repayment, and in that case shall be repaid in the manner agreed upon by the advancing Member, Associate Member or other public agency and the Authority at the time of making the advance. 15. Fiscal Year; Accounts; Reports; Annual Budget; Administrative Expenses a. The fiscal year of the Authority shall be the period from January 1 of each year to and including the following December 31, except for any partial fiscal year resulting from a change in accounting based on a different fiscal year previously. b. Prior to the beginning of each fiscal year, the Board shall adopt a budget for the succeeding fiscal year. c. The Authority shall establish and maintain such funds and accounts as may be required by generally accepted accounting principles. The books and records of the Authority are public records and shall be open to inspection at all reasonable times by each Member and its representatives. d. The Auditor shall either make, or contract with a certified public accountant or public accountant to make, an annual audit of the accounts and records of the Authority. The minimum requirements of the audit shall be those prescribed by the State Controller for special districts under Section 26909 of the Government Code of the State of California, and shall conform to generally accepted auditing standards. When an audit of accounts and records is made by a certified public accountant or public accountant, a report thereof shall be filed as a public record with each Member (and also with the auditor of Sacramento County as the county in which the Authority’s office is located) within 12 months after the end of the fiscal year. e. In any year in which the annual budget of the Authority does not exceed five thousand dollars ($5,000.00), the Board may, upon unanimous approval of the Board, replace the annual audit with an ensuing one-year period, but in no event for a period longer than two fiscal years. 16. Duties of Members or Associate Members; Breach If any Member or Associate Member shall default in performing any covenant contained herein, such default shall not excuse that Member or Associate Member from fulfilling its other obligations hereunder, and such defaulting Member or Associate Member shall remain liable for the performance of all covenants hereof. Each Member or Associate Member hereby declares that this Agreement is entered into for the benefit of the Authority created hereby, and each Member or Associate Member hereby grants to the Authority the right to enforce, by whatever lawful means the Authority deems appropriate, all of the obligations of each of the parties hereunder. Each and all of the remedies given to the Authority hereunder or by any law now or hereafter enacted are cumulative, and the exercise of one right or remedy shall not impair the right of the Authority to any or all other remedies. 17. Indemnification To the full extent permitted by law, the Board may authorize indemnification by the Authority of any person who is or was a Board Delegate, alternate, officer, consultant, employee or other agent of the Authority, and who was or is a party or is threatened to be made a party to a proceeding by reason of the fact that such person is or was such a Delegate, alternate, officer, consultant, employee or other agent of the Authority. Such indemnification may be made against expenses, judgments, fines, settlements and other amounts actually and reasonably incurred in connection with such proceeding, if such person acted in good faith and in a manner such person reasonably believed to be in the best interests of the Authority and, in the case of a criminal proceeding, had no reasonable cause to believe his or her conduct was unlawful and, in the case of an action by or in the right of the Authority, acted with such care, including reasonable inquiry, as an ordinarily prudent person in a like position would use under similar circumstances. 18. Immunities All of the privileges and immunities from liabilities, exemptions from law, ordinances and rules, all pension, relief, disability, workers' compensation and other benefits which apply to the activity of officers, agents or employees of any of the Members or Associate Members when performing their respective functions, shall apply to them to the same degree and extent while engaged as Delegates or otherwise as an officer, agent or other representative of the Authority or while engaged in the performance of any of their functions or duties under the provisions of this Agreement. 19. Amendment This Agreement may be amended by the adoption of the amendment by the governing bodies of a majority of the Members. The amendment shall become effective on the first day of the month following the last required member agency approval. An amendment may be initiated by the Board, upon approval by a majority of the Board. Any proposed amendment, including the text of the proposed change, shall be given by the Board to each Member’s Delegate for presentation and action by each Member's board within 60 days, which time may be extended by the Board. The list of Members, Attachment 1, may be updated to reflect new and/or withdrawn Members without requiring formal amendment of the Agreement by the Authority Board of Directors. 20. Withdrawal of Member or Associate Member If a Member withdraws as member of RCRC, its membership in the Authority shall automatically terminate. A Member or Associate Member may withdraw from this Agreement upon written notice to the Board; provided however, that no such withdrawal shall result in the dissolution of the Authority as long as any Bonds or other obligations of the Authority remain outstanding. Any such withdrawal shall become effective thirty (30) days after a resolution adopted by the Member's governing body which authorizes withdrawal is received by the Authority. Notwithstanding the foregoing, any termination of membership or withdrawal from the Authority shall not operate to relieve any terminated or withdrawing Member or Associate Member from Obligations incurred by such terminated or withdrawing Member or Associate Member prior to the time of its termination or withdrawal. 20. Miscellaneous a. Counterparts. This Agreement may be executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. b. Construction. The section headings herein are for convenience only and are not to be construed as modifying or governing the language in the section referred to. c. Approvals. Wherever in this Agreement any consent or approval is required, the same shall not be unreasonably withheld. d. Jurisdiction; Venue. This Agreement is made in the State of California, under the Constitution and laws of such State and is to be so construed; any action to enforce or interpret its terms shall be brought in Sacramento County, California. e. Integration. This Agreement is the complete and exclusive statement of the agreement among the parties hereto, and it supersedes and merges all prior proposals, understandings, and other agreements, whether oral, written, or implied in conduct, between and among the parties relating to the subject matter of this Agreement. f. Successors; Assignment. This Agreement shall be binding upon and shall inure to the benefit of the successors of the parties hereto. Except to the extent expressly provided herein, no Member may assign any right or obligation hereunder without the consent of the Board. g. Severability. Should any part, term or provision of this Agreement be decided by the courts to be illegal or in conflict with any law of the State of California, or otherwise be rendered unenforceable or ineffectual, the validity of the remaining parts, terms or provisions hereof shall not be affected thereby. The parties hereto have caused this Agreement to be executed and attested by their properly authorized officers. AS ADOPTED BY THE MEMBERS: Originally dated July 1, 1993 Amended and restated December 10, 1998 Amended and restated February 18, 1999 Amended and restated September 18, 2002 Amended and restated January 28, 2004 Amended and restated December 10, 2014 [SIGNATURES ON FOLLOWING PAGES] SIGNATURE PAGE FOR NEW ASSOCIATE MEMBERS NAME OF COUNTY OR CITY: Dated: By: Name: Title: Attest: By [Clerk of the Board Supervisors or City Clerk] AFTER EXECUTION, PLEASE SEND TO: YGRENE ENERGY FUND ATTN: LEGAL DEPARTMENT 815 5TH STREET SANTA ROSA CA 95404 ATTACHMENT 1 CALIFORNIA HOME FINANCE AUTHORITY MEMBERS As of December 10, 2014 Alpine County Amador County Butte County Calaveras County Colusa County Del Norte County El Dorado County Glenn County Humboldt County Imperial County Inyo County Lake County Lassen County Madera County Mariposa County Mendocino County Merced County Modoc County Mono County Napa County Nevada County Placer County Plumas County San Benito County Shasta County Sierra County Siskiyou County Sutter County Tehama County Trinity County Tuolumne County Yolo County Yuba County 32 Choose acontractor& apply Sign financing documents Complete yourproject & receivepayment ENJOY! 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Use Ygrene to install a solar system, upgrade your AC, install a new furnace, and improve your property with new windows, doors, roofing, insulation, and drought resistant landscaping. 1 STAFF REPORT AGENDA NO: MEETING DATE: February 1, 2016 To: Honorable Mayor and City Council Date: February 1, 2016 From: Syed Murtuza, Public Works Director – (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 managing the City’s wastewater collection system in accordance with State regulations. BACKGROUND On May 2, 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, among other things, 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 mid 2007, the City of Burlingame prepared the SSMP in compliance with requirements of the San Francisco Bay Regional Water Quality Control Board (RWQCB), and on October 15, 2007 the City of Burlingame formally adopted the SSMP. On July 30, 2013, the SWRCB amended the previous permit (Order No. 2006-0003), and on September 9, 2013, Attachment A, Order No. WQO 2013-0058-EXEC, became effective, amending the Monitoring and Reporting Program for Statewide GWDR for Sanitary Sewer Systems. DISCUSSION Because of the new changes adopted by the SWRCB, the City’s previously adopted SSMP had to be amended to be in compliance with the state regulations. Staff has worked closely with the Bay Area Collection Water Association (BACWA), which is a regional consortium of waste water collection agencies, to obtain guidance in revising and updating the SSMP. The revised SSMP follows the outline provided in the GWDR, section D13 and is organized by the SWRCB outline of elements; and contains quoted language taken from the SSO Waste Discharge Requirements. The Update On Sewer System Management Plan February 1, 2016 2 structure follows the section numbering and nomenclature specified in the SSO GWDR. The attached SSMP Summary of Revisions outlines the changes made to the SSMP. FISCAL IMPACT None Exhibits: • Resolution • Updated SSMP • SSMP Summary of Revisions 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, on May 2, 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, among other things, 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, on October 15, 2007, the City of Burlingame adopted the SSMP; and WHEREAS, on July 30, 2013, the SWRCB amended the previously issued order (Order No. 2006-0003), which became effective on September 9, 2013, and as a result, the City of Burlingame has revised and updated the SSMP 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 1st day of February, 2016, and was adopted thereafter by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: _______________ _____ City Clerk CITY OF BURLINGAME Sewer System Management Plan Revised June, 2015 WDID # 2SSO10099 NPDES Permit #0037788 effective May 8, 2013 ii Definitions, Acronyms, and Abbreviations Association of Bay Area Governments (ABAG) 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 courtesy 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 Lucity computerized maintenance management system that is 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 and as more precisely defined in the Consent Decree. 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. Gallons per Day (GPD) iv 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. v Operations and Maintenance (O&M) Operator Interface Terminals (OIT) Operator-in-training (OIT) Overflow Emergency Response Plan (OERP) Pipeline Assessment and Certification Program (PACP) Refers to at NASSCO certification program for the evaluation and condition assessment of sewer lines and appurtenances from closed circuit televising of the lines and appurtenances. 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, June 2015 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. Pump Stations ...................................................................................................................................................... 27 IV-2.3. Lower Laterals ..................................................................................................................................................... 28 IV.2.4. Root Foaming ....................................................................................................................................................... 23 IV-2.5. Rehabilitation and Replacement Program .............................................................................................. 29 IV-2.6. Training.................................................................................................................................................................. 30 IV-2.7. Equipment and Replacement Parts ............................................................................................................ 30 IV-2.8. Operation and Maintenance Resources .................................................................................................... 30 IV-2.9. Outreach to Sewer Service Contractors .................................................................................................... 30 ELEMENT V: DESIGN AND PERFORMANCE PROVISIONS ........................................................ 43 V-1. DESIGN CRITERIA FOR INSTALLATION, REHABILITATION AND REPAIR ...................................................... 43 V-1.1. General ................................................................................................................................................................... 43 V-1.2. Main and Trunk Sewers .................................................................................................................................. 43 V-1.3. Manholes and Clean Outs ............................................................................................................................... 44 V-1.4. Laterals .................................................................................................................................................................. 45 V-1.5. Pump Station ....................................................................................................................................................... 46 V-1.6. City Sewer System – Authorized Materials ............................................................................................. 46 V-1.7. Private Sewer Systems .................................................................................................................................... 46 V-2 INSPECTION AND TESTING CRITERIA …………. .............................................................................................. 47 V-2.1. New and Rehabilitated Gravity Sewers .................................................................................................... 47 V-2.2. New and Rehabilitated Manholes ............................................................................................................... 48 V-2.3. New and Rehabilitated Pump Stations ..................................................................................................... 48 ELEMENT VI: OVERFLOW EMERGENCY RESPONSE PLAN ...................................................... 50 VI-1. PURPOSE .................................................................................................................................................................... 50 VI-2. POLICY ....................................................................................................................................................................... 51 VI-3. DEFINITIONS AS USED IN THIS OERP ................................................................................................................. 51 VI-4. STATE REGULATORY REQUIREMENTS , OVERFLOW EMERGENCY RESPONSE PLAN .................................... 53 VI-5. GOALS ........................................................................................................................................................................ 54 City of Burlingame Sewer System Management Plan, June 2015 viii VI-6. SSO DETECTION AND NOTIFICATION................................................................................................................... 54 VI-6.1. Public Observation .................................................................................................................................... 55 VI-6.2. City Staff Observation .............................................................................................................................. 57 VI-6.3. Contractor Observation ................................................................................................................................. 57 VI-7. SSO RESPONSE PROCEDURES ................................................................................................................................ 57 VI-7.1. Sewer Overflow/Backup Response Summary .............................................................................. 57 VI-7.2. First Responder Priorities ..................................................................................................................... 59 VI-7.3. Safety .............................................................................................................................................................. 59 VI-7.4. Initial Response .......................................................................................................................................... 59 VI-7.5. Initiate Spill Containment Measures ................................................................................................. 60 VI-7.6. Restore Flow................................................................................................................................................ 60 VI-7.7. Equipment .................................................................................................................................................... 60 VI.8. RECOVERY AND CLEANUP....................................................................................................................................... 61 VI-8.1. Estimate the Volume of Spilled Sewage ........................................................................................... 61 VI-8.2. Recovery of Spilled Sewage ................................................................................................................... 61 VI-8.3. Clean-up and Disinfection ...................................................................................................................... 62 VI-8.4. Public Notification..................................................................................................................................... 63 VI.9. WATER QUALITY ..................................................................................................................................................... 63 VI-9.1. Waters of the State .................................................................................................................................... 63 VI-9.2. Water Quality Sampling and Testing ................................................................................................. 65 VI-9.3. Water Quality Monitoring Plan ............................................................................................................ 65 VI-9.4. SSO Technical Report ............................................................................................................................... 65 VI.10. SEWER BACKUP INTO/ONTO PRIVATE PROPERTY CLAIMS HANDLING POLICY .......................................... 66 VI.11. NOTIFICATION, REPORTING, MONITORING AND RECORDKEEPING REQUIREMENTS ................................... 67 VI-11.1. Complaint Records ................................................................................................................................. 69 VI.12. POST SSO EVENT DEBRIEFING ............................................................................................................................. 70 VI.13. FAILURE ANALYSIS INVESTIGATION ..................................................................................................................... 70 VI.14. SSO RESPONSE TRAINING ...................................................................................................................................... 71 VI-14.1. Initial and Annual Refresher Training ........................................................................................... 71 VI-14.2. SSO Response Drills ............................................................................................................................... 73 VI-14.3. SSO Training Record Keeping ............................................................................................................ 73 VI-14.4. Contractors Working On City Sewer Facilities ........................................................................... 73 VI.15. HIGH PRIORITY ASSETS .......................................................................................................................................... 73 VI.16. AUTHORITY ............................................................................................................................................................... 76 VI.17. REFERENCES ............................................................................................................................................................. 76 ELEMENT VII: FOG CONTROL PROGRAM ..................................................................................... 77 VII-1. NATURE AND EXTENT OF FOG PROBLEM ........................................................................................................... 77 VII-2. FOG SOURCE CONTROL PROGRAM & INSPECTIONS .......................................................................................... 81 VII-3. RESPONSE TO GWDR REQUIREMENTS................................................................................................................ 83 ELEMENT VIII: SYSTEM EVALUATION AND CAPACITY ASSURANCE PLAN ...................... 85 VIII-1. SYSTEM EVALUATION - COLLECTION SYSTEM MASTER PLAN ......................................................................... 85 VIII-2. EVALUATION - HYDRAULIC MODEL ...................................................................................................................... 86 VIII-3. DESIGN CRITERIA ..................................................................................................................................................... 86 VIII-4. CAPACITY ENHANCEMENT MEASURES - CAPITAL IMPROVEMENT PROGRAM .............................................. 86 VIII-5. SCHEDULE ................................................................................................................................................................. 86 ELEMENT IX: MONITORING, MEASUREMENT, AND PROGRAM MODIFICATIONS .......... 87 IX-1. PERFORMANCE MEASURES .................................................................................................................................... 87 IX-2. BASELINE PERFORMANCE ...................................................................................................................................... 87 IX-2.1. Mains, Pump Stations, and Force Mains .................................................................................................... 87 City of Burlingame Sewer System Management Plan, June 2015 ix IX-2.2. Lower Laterals ..................................................................................................................................................... 90 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 ................................................................... 13 TABLE 5: SUMMARY OF LEGAL AUTHORITIES IN MUNICIPAL CODE AND OTHER SOURCES ............................ 22 TABLE 6: HIGH FREQUENCY LINES ...................................................................................................................... 25 TABLE 7. HISTORICAL LINE AND LATERAL CLEANING RESULTS....................................................................... 26 TABLE 8. TABLE HISTORICAL RESULTS OF CLOSED CIRCUIT TELEVISION ....................................................... 26 TABLE 9. SUMMARY OF PUMP STATIONS ............................................................................................................. 27 TABLE 10. SUMMARY OF FORCE MAIN ASSETS .................................................................................................. 28 TABLE 11. ACCEPTABLE PIPE MATERIALS FOR NEW GRAVITY SEWERS ......................................................... 46 TABLE 12. MINIMUM MANHOLE VACUUM TEST TIME IN SECONDS ................................................................. 48 TABLE 13: REGULATOR REQUIRED NOTIFICATIONS .......................................................................................... 68 TABLE 14: HIGH PRIORITY ASSETS...................................................................................................................... 74 TABLE 15: HISTORICAL FOG-RELATED SSOS ................................................................................................... 78 TABLE 16. DATES AND LOCATION OF FOG- RELATED MAIN SSOS 2009-2013 ......................................... 78 TABLE 17. FOG CONTROL AGENT SITES (AS OF MAY 2014) .......................................................................... 80 TABLE 18: GRAVITY SEWER, PUMP STATION, AND FORCE MAIN SSOS BY CALENDAR YEAR ...................... 88 TABLE 19: CY TOTALS FOR SSOS BY CAUSE ...................................................................................................... 89 TABLE 20: CY TOTALS FOR SEWER MAINS (VOLUME SPILLED, PORTION CONTAINED, AND VOLUME TO SURFACE WATERS) ............................................................................................................................ 90 TABLE 21. LOWER LATERAL SSOS BY CALENDAR YEAR ................................................................................... 91 TABLE 22. CY TOTALS FOR LOWER LATERAL SSOS BY CAUSE ........................................................................ 91 TABLE 23: CY TOTALS FOR LOWER LATERALS (VOLUME SPILLED, PORTION CONTAINED, AND VOLUME TO SURFACE WATERS) ............................................................................................................................ 91 TABLE 24: SSMP AUDIT CHECKLIST ................................................................................................................... 96 City of Burlingame Sewer System Management Plan, June 2015 x Table of Figures FIGURE 1. SANITARY SEWER SYSTEM MAP ......................................................................................................... 12 FIGURE 2: ORGANIZATION CHART ........................................................................................................................ 16 FIGURE 3. CAPITAL IMPROVEMENT PROGRAM PROJECTS .................................................................................. 23 FIGURE 4: OVERVIEW OF RECEIVING A SEWAGE OVERFLOW OR BACKUP REPORT PROCEDURE .................. 56 FIGURE 5: OVERVIEW OF SSO/BACKUP RESPONSE ........................................................................................... 58 FIGURE 6: LOCATION OF FOG-RELATED PROBLEMS, 2009-2014 ................................................................ 80 FIGURE 7. TREND IN GRAVITY SEWER, PUMP STATION, AND FORCE MAIN SSOS ......................................... 88 FIGURE 8. TREND IN GRAVITY SEWER, PUMP STATION AND FORCE MAIN SSOS BY CAUSE ......................... 89 FIGURE 9. TREND IN VOLUME OF SEWER MAIN SPILLS, VOLUME REACHING SURFACE WATERS AND VOLUME RECOVERED .......................................................................................................................... 90 FIGURE 10: LOWER LATERAL SSOS BY YEAR...................................................................................................... 92 FIGURE 11: TREND IN LOWER LATERAL SSOS BY CAUSE. ................................................................................ 92 FIGURE 12: 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 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, June 2015 11 Introduction Sewer System Management Plan This Sewer System Management Plan (SSMP) has been prepared by the Streets and Sewer Division of the City of Burlingame Public Works Department with the assistance of Causey Consulting, Walnut Creek, CA. 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 System 1 (CIWQS) is 2SSO10099. Sanitary Sewer System Facilities The City operates a sanitary sewer system that serves a population of approximately 29,890 in a 4.3 square mile service area. The sewer system serves 7,574 residential connections and 912 commercial, industrial and institutional customers as of June 2014. The sewer system consists of 81.4 miles of gravity sewers (approximately 2,198 line segments), 31 miles of lower laterals (approximately 8,486 laterals), 1,625 manholes, 6.1 miles of force mains, and 7 pump stations. The sewers range in size from 4 inches to 51 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, June 2015 12 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 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 Tables 1 and 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, June 2015 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 11 1,142 0.25% 5 2 243 0.05% 6 1,103 216,861 46.92% 6* 2 1154 0.25% 8 589 125,664 27.19% 8* 24 8,442 1.83% 9 1 345 0.07% 10 158 32.883 7.11% 10* 6 5,841 1.26% 12 74 14,136 3.06% 12* 8 1,501 0.32% 14 20 3,841 0.83% 15 31 5,679 1.23% 16 3 133 0.03% 16* 1 1,977 0.43% 18 60 12,575 2.72% 21 13 2,270 0.59% 24 38 8,493 1.84% 27 21 5,164 1.12% 30 8 1,007 0.22% 30* 4 1,743 0.38% 33* 3 7,556 1.63% 36 8 2,325 0.50% 51 3 640 0.14% Total 2,196 462,167 100% Source: Burlingame GIS, 2015 *Force Main Introduction City of Burlingame Sewer System Management Plan, June 2015 14 Table 2. Sewer System Materials of Construction Material Number of Line Segments Pipe Length, LF Percent of Sewer System AC 92 26,180.27 5.66% BR 1 12.39 0.002% CI 18 5,679.12 1.23% CIPP 1 303.88 0.06% CMP 2 470.69 0.10% CP 8 1,631.07 0.35% CSB 3 564.52 0.12% FRP 1 265.64 0.05% HDPE 60 14,444.06 3.12% OTH 3 709.96 0.15% PP 1 145.92 0.03% PVC 674 128,828.29 27.87% RCP 4 1,743.44 0.37% VCP 1330 281,187.91 60.84% Total 2198 462,167 100% Source: Burlingame GIS, 2014 Table 3. Inventory of Sewer Lines by Pipe Age Age, Years Construction Period Percent of System* Miles of Main 0-15 2000 - current 8% 10 16 – 35 1980 – 1999 6% 5 36 – 55 1960 – 1979 9% 7 56 – 75 1940 – 1959 18% 16 76 - 95 1920 – 1939 6% 5 95 - 115 1900 – 1119 33% 26 >115 Before 1900 20% 18 Total, miles 87 * Source: Burlingame GIS Element I: Goals City of Burlingame Sewer System Management Plan, June 2015 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, June 2015 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)). Element II: Organization City of Burlingame Sewer System Management Plan, June 2015 17 Roles for wastewater collection system staff are: Public Works Director (Syed Murtuza) – 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 (Art Morimoto) – manages capital improvement projects; prepares policies; allocates resources; delegates responsibility; and authorizes outside contractors to perform services. Treatment Plant /Source Control Manager (Manuel Molina) – oversees all responsibilities related to the operations and maintenance of the wastewater treatment plant. Source Control Inspector (Eva Justimbaste) - performs technical tasks in the inspection of industrial and commercial discharges to the wastewater collection system for compliance with applicable laws and ordinances. Public Works Superintendent (Rob Mallick) – manages the day-to-day operations and maintenance activities and provides relevant information to Enrollee management. Public Works Assistant Superintendent (Vince Falzon) – oversees all field operations and maintenance activities. Public Works Supervisor (Jim Brown) – supervise field operations and maintenance activities related to the wastewater collection system; investigate and report SSOs; and train field crews. Environmental Compliance (Pam Boyle Rodriguez) - provides support to the management staff on issues related to pre-treatment. Management Analyst (Kevin Dawdy) – provides administrative and technical support related to the Geographic Information System (GIS) and Computerized Maintenance Management System (CMMS). Administrative Assistant (Keith Martin) – provides support to the management staff with administrative duties/tasks regarding today-to-day operations. CCTV Leadworker (David Ibarra) – performs regular inspections of the gravity sewers and leads wastewater collection system cleaning crew. Emergency Response and Preventive Maintenance (Tim Healy) – 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 (Allen Meadows) – 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 (John Baack) – 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. Element II: Organization City of Burlingame Sewer System Management Plan, June 2015 18 Maintenance Electrician (Abe Kirschenbaum) – provides a variety of electrical maintenance and repair work related to the wastewater collection pump stations. II-2. Legally Responsible Official The City’s Legally Responsible Official (LRO) in all wastewater collection system matters is the Public Works Superintendent, 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 Assistant Street & Sewer Assistant Superintendent, Vincent Falzon, is also authorized to act as the City’s LRO in the Public Works Superintendent’s absence. He is authorized to submit verbal, electronic, and written spill reports to the SWRCB and OES. In the absence of Assistant Superintendent, 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 Public Works Superintendent 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 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, June 2015 19 Table 4 City Staff with Area of Responsibility for SSMP Element Element Name Responsible City Official & Title Phone Email Introduction Rob Mallick, Public Works Superintendent 650-558- 7670 rmallick@burlingame.org 1 Goals Rob Mallick, Public Works Superintendent 650-558- 7670 rmallick@burlingame.org 2 Organization Rob Mallick, Public Works Superintendent 650-558- 7670 rmallick@burlingame.org 3 Legal Authority Rob Mallick, Public Works Superintendent 650- 558-7670 rmallick@burlingame.org 4 Operations and Maintenance Program Jim Brown, Public Works Sewer Supervisor 650-558- 7670 jbrown@burlingame.org 5 Design and Performance Provisions Art Morimoto, Public Works Engineering (650) 558- 7230 amorimoto@burlingame.org 6 Overflow Emergency Response Plan Vincent Falzon, Public Works Asst. Street & Sewer Superintendent 650-558- 7670 vfalzon@burlingame.org 7 Fats, Oils and Grease (FOG) Control Program Eva Justimbaste, Source Control Inspector (Veolia contractor on behalf of the City) (650) 342- 3727 eva.justimbaste@veoliawate rna.com 8 System Evaluation and Capacity Assurance Plan Art Morimoto, Public Works Engineering (650) 558- 7230 amorimoto@burlingame.org 9 Monitoring, Measurement and Program Modifications Vince Falzon, Public Works Asst. Street & Sewer Superintendent 650-558- 7670 vfalzon@burlingame.org 10 Program Audits Vince Falzon, Public Works Asst. Street & Sewer Superintendent 650-558- 7670 vfalzon@burlingame.org 11 Communications Program Rob Mallick, Public Works Superintendent 650-558- 7670 rmallick@burlingame.org Element III: Legal Authority City of Burlingame Sewer System Management Plan, June 2015 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 system 2. 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. 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, June 2015 21 The 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 has completed closed circuit television (CCTV) inspections of its entire wastewater collection system. The District is now using this information from the CCTV inspections for prioritizing collection system rehabilitation projects. Element III: Legal Authority City of Burlingame Sewer System Management Plan, June 2015 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, June 2015 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 evaluating 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, June 2015 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 (Assistant Superintendent 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 create a work order ticket to track edits. • The Management Analyst will resolve the work order tickets (updates) on a biweekly basis, either in-house or by sending out to the GIS Consultant. • Once the work order tickets 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 annaully in January. • Any CIP projects completed by Engineering will be provided to the Management Analyst, who will assign accordingly. 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, June 2015 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. Cleaning results of the lines are evaluated by the cleaning crew based upon the Standard Sewer Cleaning Results shown in Appendix table IV- B. Staff places line segments on these higher frequency schedules based upon past cleaning results, history of SSO events, history of cleaning results, and professional judgment. Two sewer cleaning crews perform annual preventative maintenance, as well as, respond to emergencies. Each crew consists of two team members (employees) and is supervised by the CCTV Lead Worker. The cleaning crew will clean lines before they are televised; the other cleaning crew performs routine preventative maintenance and Emergency Response. These crews operate combination cleaning units, rodder and reel machines to accomplish cleaning of lines. Table 6 contains summary statistics for the high frequency lines. Table 7 contains the historical line and lateral cleaning results. Table 6: High Frequency Lines Frequency Number of Segments Linear Feet Annual Cleaning, Linear Feet 3 month Jan-May-Sep 70 14,316 42,928 3 month Feb-Jun-Oct 57 13,230 39,690 3 month Mar-Jul-Nov 48 11,360 34,080 3 month Apr-Aug-Dec 82 19,157 57,471 TOTAL: 58,063 174,169 Element IV: Operations and Maintenance Program City of Burlingame Sewer System Management Plan, June 2015 26 Table 7. Historical Line and Lateral Cleaning Results Calendar Year Line Cleaning Results, linear feet Line Cleaning Results, miles Percent of System Lateral Cleaning, miles 2014 255,556 48.3 42.2% 169,402 2013 325,717 61.7 61.7% 121,586 2012 309,819 58.7 58.7% 150,037 2011 442,337 83.8 83.8% 227,826 2010 389,501 73.8 73.8% 84,448 2009 349,605 66.2 66.2% 170,129 The City applies FOG control agents at five locations listed in Table 15 in Element VII. The City’s CCTV inspection and cleaning crew (Lead worker 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 2013 133,195 2012 152,071 2011 173,999 2010 153,533 2009 122,702 The City has one sewer repair crew to correct problems identified by the CCTV or sewer cleaning crews. Repairs are completed in priority order based on Pipeline Assessment and Certification Program (PACP). Element IV: Operations and Maintenance Program City of Burlingame Sewer System Management Plan, June 2015 27 The wastewater collection system 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. High priority structural deficiencies, PACP rating 5, are repaired as soon as possible by the City’s sewer repair crew or by an outside contractor on an as-needed basis. Gravity sewer maintenance is currently scheduled and recorded using work orders generated by a computerized maintenance management system (CMMS). The City’s standard operating procedure for sewer cleaning is included as Appendix IV-B. IV-2.2. 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. It is recommended that the City initiate annual pump station condition assessments utilizing Appendix IV-C, Lift Station Condition Assessment Checklist. Each of the six (6) wastewater collection pump stations discharge to force mains that are identified and described in Table 9. Force mains alignments will inspected on an annual basis, and discharge locations will be surveyed for possible damage and corrosion from the release of hydrogen sulfide when the force mains discharge to the gravity collection system. Table 9 and 10 below lists the pump stations and force mains in the City, respectively. 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 Portable generator connection only Gilbreth 1628 Gilbreth Rd. 2 15 Flygt 260 60 Airport 710 Airport Blvd. 2 20 Flygt 110 60 Element IV: Operations and Maintenance Program City of Burlingame Sewer System Management Plan, June 2015 28 Pump Station Name Location No. Pumps Pump HP Pump Manufacturer Design Flow, gpm Standby Generation, KW 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 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-2.3. 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. Element IV: Operations and Maintenance Program City of Burlingame Sewer System Management Plan, June 2015 29 IV-2.4. Root Foaming The City also 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 has identified two separate areas where these activities are required and the service contractor handles one area each year. 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. IV-2.5. Rehabilitation and Replacement Program The City has projected work for the next five (5) years through 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 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 and displayed on Figure 3. 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. Figure 3. Capital Improvement Program Project Element IV: Operations and Maintenance Program City of Burlingame Sewer System Management Plan, June 2015 30 IV-2.6. Training The City uses a combination of in-house classes; on the job training; and conferences, seminars, and other training opportunities 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-2.7. 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-2.8. 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 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-2.9. 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, June 2015 31 Appendix IV-A Element IV: Operations and Maintenance Program City of Burlingame Sewer System Management Plan, June 2015 32 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 45 degree sewer cleaning nozzle and Warthog sewer cleaning nozzle 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, June 2015 33 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 the 45 degree or Warthog nozzle on the hose. 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. Element IV: Operations and Maintenance Program City of Burlingame Sewer System Management Plan, June 2015 34 • Open the upstream manhole and verify that the nozzle is at or past the manhole. • 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. Element IV: Operations and Maintenance Program City of Burlingame Sewer System Management Plan, June 2015 35 Appendix IV- C: Lift Station Condition Assessment Checklist Inspection Information Inspection date 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 Element IV: Operations and Maintenance Program City of Burlingame Sewer System Management Plan, June 2015 36 Safety Features and Equipment Signage (confined space, automatic equipment, hearing protection, etc.) Fall protection 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, June 2015 37 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, June 2015 38 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, June 2015 39 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, June 2015 40 Appendix IV-D Rehabilitation and Replacement Program Rehabilitation and Replacement Program Budget, in $1000 Project Title FY 14/15 FY 15/16 FY 16/17 FY 17/18 FY 18/19 Sanchez Rehab Ph 4 4,000 0 0 0 0 Broadway Interchange Sewer 500 0 0 0 0 Town of Burlingame Ph. 1 0 4,000 0 0 0 Town of Burlingame Ph. 2 0 0 4,000 0 0 Town of Burlingame Ph. 3, Upper Easton Addition 0 0 0 4,000 0 Lower Oak Grove Area Ph 1 0 0 0 0 4,000 Totals $4,500 $4,000 $4,000 $4,000 $4,000 Element IV: Operations and Maintenance Program City of Burlingame Sewer System Management Plan, June 2015 41 Appendix IV-E Major Sewer System Equipment Inventory Critical Equipment Inventory Equipment Number Major Equipment Type Year Purchased 83 Emergency Response Truck F-350 2015 40 Vac-Con Combination Cleaning Unit 2006 85 Vac-Con Combination Cleaning Unit 2012 7438 CCTV Inspection Van (to be replaced in 14/15) 2006 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 Equipment Inventory as of June 2015 Element IV: Operations and Maintenance Program City of Burlingame Sewer System Management Plan, June 2015 42 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 Portable Generator 175 KW 1 Corp Yard Flygt pump 15 hp 2 S&S shop Pump repair kits 8 S&S shop Operator Interface Terminal (OIT) 1 S&S shop Pumps 3 Portable Pumps Grove Pump Station and 1740 Rollins Hoses Various lengths Grove Pump Station Plugs Various sizes S&S shop Pipe and Fittings Various sizes & Lengths S&S shop Fittings Various sizes S&S shop Last Inventory Date: May 2015 Element V: Design and Performance Provisions City of Burlingame Sewer System Management Plan, June 2015 43 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, June 2015 44 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. V-1.3. Manholes and Clean Outs a. Minimum drop through manholes shall be 0.20 feet. Element V: Design and Performance Provisions City of Burlingame Sewer System Management Plan, June 2015 45 b. Manholes shall be required: 1. At all changes of slope, 2. At all changes of direction, 3. At all intersections of mains, and 4. 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 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. 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. An “S” shall be stamped on the curb face at the lateral location. h. Separation between sewer and water laterals shall be per City Standard Details. i. Minimum cover shall be 2 feet minimum at the property line. j. 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 the public right-of–way. The property owner shall be responsible for the installation and maintenance of the sewer backflow prevention valve. The Element V: Design and Performance Provisions City of Burlingame Sewer System Management Plan, June 2015 46 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, June 2015 47 d. Acceptable pipe materials for buried main and trunk sewers 24 inches in diameter and smaller are shown in 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 following Standard Specifications for Public Works Construction, Section 306-1.4.4 Air Pressure Test. Sewers larger than 16 inches will be hydrostatically tested following Standard Specifications for Public Works Construction, Section 306-1.4.5 Water Pressure 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 following Standard Specifications for Public Works Construction, Section 306-1.2.12 Field Inspection for Plastic Pipe and Fittings. 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. Element V: Design and Performance Provisions City of Burlingame Sewer System Management Plan, June 2015 48 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. 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 vacuum tested to verify that the joints, connections, and frame/cover are tight. The vacuum test will follow ASTM C1244. The test will be conducted at a 10 inch Hg vacuum. The vacuum loss shall be less than one inch Hg for the time shown in Table 13. Manholes that fail the vacuum 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. Table 12. Minimum Manhole Vacuum Test Time in Seconds Depth / Diameter 4 foot diameter 5 foot diameter 6 foot diameter Depth < 15 feet 50 65 80 Depth = 15 feet or greater 70 105 130 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. Element V: Design and Performance Provisions City of Burlingame Sewer System Management Plan, June 2015 49 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, June 2015 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. 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, June 2015 51 VI-2. Policy 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). 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. 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. NUISANCE - California Water Code section 13050, subdivision (m), defines nuisance as anything that meets all of the following requirements: Element VI: Overflow Emergency Response Plan City of Burlingame Sewer System Management Plan, June 2015 52 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: 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 Element VI: Overflow Emergency Response Plan City of Burlingame Sewer System Management Plan, June 2015 53 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 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; Element VI: Overflow Emergency Response Plan City of Burlingame Sewer System Management Plan, June 2015 54 (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 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) Element VI: Overflow Emergency Response Plan City of Burlingame Sewer System Management Plan, June 2015 55 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 wastewater lift stations, and one lift station is operated by Veolia Water. In the event of any pump failure, the high level sensor activates the SCADA alarm system and the City is contacted. 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 takes the call and forwards the request to a Sewers Supervisor or the Street & Sewer Assistant Superintendent. After Hours After hours service calls are answered by Police dispatch, which will notify the On-Call 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 4) is an overview of receiving a sewage overflow or backup report: Element VI: Overflow Emergency Response Plan City of Burlingame Sewer System Management Plan, June 2015 56 Figure 4: Overview of Receiving a Sewage Overflow or Backup Report Procedure Element VI: Overflow Emergency Response Plan City of Burlingame Sewer System Management Plan, June 2015 57 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-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 5) is an overview of the response activities. Element VI: Overflow Emergency Response Plan City of Burlingame Sewer System Management Plan, June 2015 58 Figure 5: Overview of SSO/Backup Response Element VI: Overflow Emergency Response Plan City of Burlingame Sewer System Management Plan, June 2015 59 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 Street & Sewer Assistant Superintendent 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. Element VI: Overflow Emergency Response Plan City of Burlingame Sewer System Management Plan, June 2015 60 o Moderate or large spill where containment is anticipated to be simple – proceed with the containment measures. 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 Sanitary Sewer Backup Procedures, and the Sanitary Sewer Overflow Packet in the DKF Solutions Overflow Emergency Response Plan. 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 Sanitary Sewer Overflow Packet in the DKF Solutions Overflow Emergency Response Plan. 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 Supervisor, Assistant Superintendent, Superintendent 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. Element VI: Overflow Emergency Response Plan City of Burlingame Sewer System Management Plan, June 2015 61 • Camera -- A digital or disposable camera is required to record the conditions upon arrival, during clean up, and upon departure. • 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 Volume of Spilled Sewage Use the methods outlined in the Sanitary Sewer Backup Packet and the Sanitary Sewer Overflow Packet in the DKF Solutions Overflow Emergency Response Plan and/or the Field Guide to estimate the volume of the spilled sewage. Wherever possible, document the estimate using photos and/or video of the SSO site before and during the recovery operation. 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. Element VI: Overflow Emergency Response Plan City of Burlingame Sewer System Management Plan, June 2015 62 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. If the overflow into property is the definite cause of City system failure, the property owner can call out a water damage restoration contractor to complete the cleanup and restoration. In both cases, property owners may pick up City claim forms from the City Clerk's office at City Hall. 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, June 2015 63 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 Assistant Superintendent 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 Assistant Superintendent 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: Element VI: Overflow Emergency Response Plan City of Burlingame Sewer System Management Plan, June 2015 64 Appendix IV-G Vendor, Contractor, and Agency Contact Information Vendor/Agency Contact Name Address Phone Number(s) Service Veolia William Toci 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 Groeniger & Company Roberts & Brune Co. Scott 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 Vacuum Tanker Rain for Rent Tony de Bellis 5301 Live Oak Avenue Oakley, CA. 94561 925-679-2803 Bypass Pump Equipment Edward R. Bacon Company Harry N. How III Mark Peterson 255 Fitzgerald Ave San Martin, CA. 95046 408-846-1600 Hydro-Vactor Element VI: Overflow Emergency Response Plan City of Burlingame Sewer System Management Plan, June 2015 65 VI-9.2. Water Quality Sampling and Testing Water quality sampling and testing is required for Category 1 SSOs of 50,000 gallons or greater 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 of 50,000 gallons or more or as required by the Regional Board 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, access restrictions, 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 ammonia and total and fecal coliform. 6. Observe proper chain of custody procedures. 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 SSO in which 50,000 gallons or greater are spilled to surface waters. The Element VI: Overflow Emergency Response Plan City of Burlingame Sewer System Management Plan, June 2015 66 Supervisor, Street & Sewer Assistant Superintendent, and Superintendent 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. VI.10. Sewer Backup Into/Onto Private Property Claims Handling Policy It is the policy of the City that a claims form shall be offered to anyone wishing to file a claim. The following procedures will be observed for all sewer overflows/backups into/onto private property: • City staff will offer a City claim form irrespective of fault whenever it is possible that the sanitary sewer backup may have resulted from an apparent blockage in the City-owned sewer lines or whenever a City Element VI: Overflow Emergency Response Plan City of Burlingame Sewer System Management Plan, June 2015 67 customer requests a claim form. The claim may later be rejected if subsequent investigations into the cause of the loss indicate the City was not at fault. • It is the responsibility of the Collections Crew to gather information regarding the incident and notify the divisions Assistant Superintendent 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 14 on the following page. Element VI: Overflow Emergency Response Plan City of Burlingame Sewer System Management Plan, June 2015 68 Table 13: 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 Database 3 (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, June 2015 69 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, June 2015 70 • 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 DKF Solutions 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 Element VI: Overflow Emergency Response Plan City of Burlingame Sewer System Management Plan, June 2015 71 • Reviewing available photographs • 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 Element VI: Overflow Emergency Response Plan City of Burlingame Sewer System Management Plan, June 2015 72 Operations • Water Quality Sampling Plan 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. Element VI: Overflow Emergency Response Plan City of Burlingame Sewer System Management Plan, June 2015 73 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 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 provided, and required to observe contractor procedures. See Contractor Orientation. VI.15. High Priority Assets Table 15 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, June 2015 74 Table 14: 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, trash 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 reservoirs, 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 Road - Mills Creek @ Rollins Water level in manhole, floating debris, flow, infiltration or exfiltration, manhole condition, etc. Sewer syphon 1399 Rollins Road - 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 N. 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. Element VI: Overflow Emergency Response Plan City of Burlingame Sewer System Management Plan, June 2015 75 Critical Asset Location Monitor and Inspection Description Sewer syphon 50 Broderick Road - Under storm culvert towards RxR 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, June 2015 76 VI.16. 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.17. 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, June 2015 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 effectively prevent or reduce FOG-related mainline SSOs. 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 16 lists the total number of FOG-related mainline SSOs in 2009 to 2014. The location of each FOG-related mainline SSO is illustrated by year as shown in Figure 6. The corresponding date and location for each mapped SSO event is also listed on Table 16. Both Figure 6 and Table 16 are reported in calendar year for 2009-2014. . 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, June 2015 78 Table 15: Historical FOG-Related SSOs Calendar Year Number 2014 3 2013 1 2012 2 2011 2 2010 3 2009 7 The City’s recent history with FOG related mainline SSO’s in shown in Table 15. 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 analysis are shown in Figure 6. 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, 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 16. Dates and Location of FOG- Related Main SSOs 2009-2014 2009 1/16/2009 840 Hinckley Rd 4/20/2009 1133 El Camino Real 6/24/2009 877 California Dr 9/28/2009 914 Capuchino Ave 10/10/2009 2 La Mesa Ct 11/30/2009 1801 Carmelita Ave 12/23/2009 777 Burlway Rd 2010 3/2/2010 708 Crossway Road Element VII: FOG Control Program City of Burlingame Sewer System Management Plan, June 2015 79 10/11/2010 1404 Floribunda Avenue 10/21/2010 515 Corbit Avenue 2011 3/3/2011 1670 Rollins Road 8/23/2011 1021 El Camino Real 2012 8/31/2012 1205 Bernal 10/23/2013 1670 Rollins Road 2013 8/14/2013 1525 Rollins Road 2014 3/27/2014 810 Malcolm Road 9/9/2014 1253 Laguna 11/20/2014 1012 Cortez Element VII: FOG Control Program City of Burlingame Sewer System Management Plan, June 2015 80 Figure 6: Location of FOG-Related Problems, 2009-2014 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. Novozmes is a FOG control agent that is formulated to control the accumulation of grease. Table 17 lists the current areas where it is applied along with the quanity and frequency of application. Table 17. FOG Control Agent Sites (as of May 2014) Site Name MH Numbers Quantity Used (# of Bags) Frequency of Use (#/week) California Drive – Hatch Lane E7-21007 E6-21006 3 1 2 1740 Rollins Road PS B3-21035 A3-21002 2 2 2 Element VII: FOG Control Program City of Burlingame Sewer System Management Plan, June 2015 81 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 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’s wastewater treatment plant is operated by Veolia Water 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 Source Control Program Manager and one Source Control Inspector. This level of staffing is considered adequate. 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…fats, oils, grease…” [15.10.040(c)]. Malcom-Stanley-Hinkley A4-21030 A4-21023 A4-21018 2 1 4 2 Hyatt PS B4-21024 B5-21004 2 1 2 Airport C7-21015 4 2 Element VII: FOG Control Program City of Burlingame Sewer System Management Plan, June 2015 82 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 check review for grease removal device installation is coordinated with the Building Division during the building permit application process. 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 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 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 renewal process. In sum discharge permits issued to FSEs under the FOG Program are similar and consistent with a discharge permit typically issued to establishments covered under the Pretreatment Program. Staff from the Office of Environmental Compliance is currently evaluating whether to adopt a streamlined permit format similar to those issued and used by neighboring agencies to enforce and comply with the FOG Program required by the Sanitary Sewer Order. Any changes made to the FSE permitting program will be reported on the next SSMP update. The Enforcement Response Plan (ERP) guideline that was developed and approved for use to enforce the Pretreatment Program is also utilized to enforce the FOG Program. The ERP serves as a guidance document to ensure 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, administrative and criminal penalties. Each level of corrective action includes a schedule to achieve timely compliance. 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, list of grease haulers and cooking oil recyclers, and general technical information on grease removal devices. Inspectors strive to provide Element VII: FOG Control Program City of Burlingame Sewer System Management Plan, June 2015 83 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. 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. The grease is disposed of at a commercial grease rendering facility (Darling International in San Francisco) or at a wastewater treatment plant that accepts grease (San Jose/Santa Clara or South Bayside Systems Authority). 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 and a focused preventive maintenance program (sewer cleaning) and application of FOG control agents. City crews provide information on proper FOG disposal to residents that have experienced a FOG-related blockage or SSO. The infrequent blockages and SSOs that are caused by FOG from residential sources are minor. However, the City implemented an outreach program where it provides information to the residents in the form of a brochure and on the City’s website, www.burlingame.org/ http://www.burlingame.org/index.aspx?page=3349 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 adequately dispose of FOG generated within a sanitary sewer system service area. Response: There are three disposal sites that are 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. The City will address the adequacy of commercial grease disposal sites on the occasion of the next SSMP Update. Requirement (c): The legal authority to prohibit discharges to the system and identify measures to prevent SSOs and blockages caused by FOG. Element VII: FOG Control Program City of Burlingame Sewer System Management Plan, June 2015 84 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. Requirement (f) and (g): 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. 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 on Figure 7. Element VIII: System Evaluation and Capacity Assurance City of Burlingame Sewer System Management Plan, June 2015 85 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. 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 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, June 2015 86 (see below) data which the City utilized to evaluate the impact of future redevelopment and projects in order to ensure there is adequate capacity. 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) prioritize 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 as 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 as 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, June 2015 87 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 18 through 20. The trends in the performance measures are shown on Figures 7 through 9. The trend is downward, less SSOs in the most recent years, and as of 2013 the City had 5 SSOs/100 miles/year, below the average for California Region 2 agencies. 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 Element IX: Monitoring, Measurement, and Program Modifications City of Burlingame Sewer System Management Plan, June 2015 88 Table 18: 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 Figure 7. Trend in Gravity Sewer, Pump Station, and Force Main SSOs 05101520 2009 2010 2011 2012 2013 2014 Gravity SewersPump StationsForce Mains Element IX: Monitoring, Measurement, and Program Modifications City of Burlingame Sewer System Management Plan, June 2015 89 Table 19: CY Totals for SSOs by Cause CY Roots Debris Grease Paper/ Rags Cap./ Infil. Vandl, Pipe Failur e PS Failur e Force Main Failur e Other 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 0 1 1 0 13 Figure 8. Trend in Gravity Sewer, Pump Station and Force Main SSOs by Cause 01234567 2009 2010 2011 2012 2013 2014 RootsDebrisGreasePaper/RagsCapacity/InfiltrationVandalismPipe FailurePump StationFailureForce Main FailureOther Element IX: Monitoring, Measurement, and Program Modifications City of Burlingame Sewer System Management Plan, June 2015 90 Table 20: 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 569 504 gal. – 89% 65 gal. – 11% 2010 872 497 gal. – 57% 375gal. – 63% 2011 45,862 7,862 gal. – 17% 35,000 gal. – 83% 2012 45,285 295 gal.– 7% 44,990 – 93% 2013 1,980 780 gal. – 39% 1,200 gal. – 61% 2014 3,780 3,240 gal. – 86% 540gal. – 14% Figure 9. Trend in Volume of Sewer Main Spills, Volume Reaching Surface Waters and Volume Recovered IX-2.2. Lower Laterals The baseline performance is shown on Tables 21 through 23. The trends in the performance measures are shown on Figures 10 through 12. 05000100001500020000250003000035000400004500050000 TotalSpilled VolumeRecovered VolumeReachedSurfaceWater Element IX: Monitoring, Measurement, and Program Modifications City of Burlingame Sewer System Management Plan, June 2015 91 Table 21. Lower Lateral SSOs by Calendar Year CY SSOs 2009 48 2010 16 2011 14 2012 13 2013 14 2014 2 Table 22. CY Totals for Lower Lateral SSOs by Cause CY Roots Debris Grease Paper/ Rags Pipe Failure Vandali sm 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 7 2 0 0 14 2014 0 1 0 1 0 0 0 2 Table 23: 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 418 368 gal / 88% 50 2010 255 245 gal / 96% 10 2011 99 96 gal / 97% 3 2012 122 118 gal / 97% 4 2013 226 226 gal / 100% 0 2014 170 170 gal / 100% 0 Element IX: Monitoring, Measurement, and Program Modifications City of Burlingame Sewer System Management Plan, June 2015 92 Figure 10: Lower Lateral SSOs by Calendar Year Figure 11: Trend in Lower Lateral SSOs by Cause. 01020304050 2009 2010 2011 2012 2013 2014 Total Lateral SSO's Per Year 051015202530 RootsDebrisGreasePaper/RagsPipeFailure Element IX: Monitoring, Measurement, and Program Modifications City of Burlingame Sewer System Management Plan, June 2015 93 Figure 12: 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, 2005 through December 31, 2005. • Report of City of Burlingame Sanitary Sewer Overflows for the Period January 1, 2006 through December 31, 2006. • Data on City of Burlingame from the State’s on-line reporting system http://ciwqs.waterboards.ca.gov/ciwqs 050100150200250300350400450 TotalSpilled VolumeRecoveredVolumeReachedStateWater Element X: SSMP Program Audits City of Burlingame Sewer System Management Plan, June 2015 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 first audit will be conducted in July 2016. 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 25) 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, June 2015 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 first update will be completed by July 2018. 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, June 2015 96 Table 24: 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 b 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, June 2015 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? Element X: SSMP Program Audits City of Burlingame Sewer System Management Plan, June 2015 98 Discussion: 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? ☐ ☐ Element X: SSMP Program Audits City of Burlingame Sewer System Management Plan, June 2015 99 Discussion: 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 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? ☐ ☐ Element X: SSMP Program Audits City of Burlingame Sewer System Management Plan, June 2015 100 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 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? ☐ ☐ Element X: SSMP Program Audits City of Burlingame Sewer System Management Plan, June 2015 101 Discussion: 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, June 2015 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, June 2015 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, June 2015 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, June 2015 105 Appendix A Sewer System Management Plan Audit Reports Appendices City of Burlingame Sewer System Management Plan, June 2015 106 Appendix B Log of SSMP Changes Appendices City of Burlingame Sewer System Management Plan, June 2015 107 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, June 2015 108 Appendix C Sanitary Sewer Management Plan Adoption Documents 1 January 15, 2016 SSMP SUMMARY OF REVISIONS: General • Renamed "Sections" to "Elements" • Removed all references to San Francisco Regional Water Quality Control Board (RWQCB) SSMP requirements and not follow the former SFRWQCB SSMP outline requirements. • Updated collection system photos throughout the document. • Revised and/or reformatted page numbering to match new Element number. • Included a map of the entire service area including the locations of pump stations. • Referenced the Standard Operating Procedures (SOP’s) utilized by Sewer division. • Added a copy of all forms used by the Sewer Division. • Revised the definition of GWDR to add new MRP regulation definition of SSS WDR • Add Appendix A (City of Burlingame SSMP Change Log), Appendix B (SSMP Annual Reports/Audit Reports), and Appendix C (SSMP Adoption Documents). • Added to the cover page, the WDID and NPDES permit numbers and the Council adoption dates and resolution numbers. • Under Definitions, Acronyms, and Abbreviations added new acronyms CIP, CMP, CY, FSE, FY, PVC, RCP, MMS, MRP, MMS, OIT, and defined design storm and lower lateral. • Under Tables of Contents eliminated Sections XIV to XIX. Introduction Page • Removed references to RWB requirements. • Referenced the City NPDES permit that requires the City to comply with the SWRCB GWDR (Order No. R2-2013-0015). • Revised paragraph related to service provided by the City on the lower lateral. • Added date to reference revised MRP (September 9, 2013). • Separated the discharge types (residential, commercial, industrial, institutional) flowing into wastewater collection system. • Added the number of manholes in the collection system. • Revised Table 1 - added columns to reflect the miles by pipe size and percentage and Table 2- added all force mains to show total linear footage and diameter. • Added new Table 3 for pipe lengths by age. 2 ELEMENT I: Goals • Removed the Section I heading and renamed to Element I. • Removed RWQCB Requirements ELEMENT II: Organization • Removed the Section II heading and renamed to Element II. • Removed references to RWQCB and County Health. • Expanded the Organizational chart to include supporting positions. In addition, include names of current position holders. • Deleted "authorized representative" and used Legally Responsible Official (LRO). • Identified City data submitter positions by title and name. • Revised Table to show each element and the City classification responsible. ELEMENT III: Legal Authority • Removed the Section III heading and renamed to Element III. • Added general statement related to Burlingame Municipal Code Title 15. • Revised Table 5 for Summary of Legal Authorities to include all references in the Municipal Code related to the wastewater collection system, including referencing to the other City codes that deal with FOG controls such as the Uniform Plumbing Code. • Updated information under agreements with satellite agencies. ELEMENT IV: Operation and Maintenance Program • Removed the Section IV heading and renamed to Element IV. • Removed all references to RWQCB requirements • Revised information under the “Collection System Mapping” section. • Revised all tables and figures within this section and renumbered to match Element. • Renumbered all subsections under Preventative Operations and Maintenance. • Gravity Sewers - updated information such as information related to CCTV, FOG, PACP • Pump Stations – added a summary table of the pump stations and maintenance of force mains. • Lower Laterals - expanded the description of the lower lateral program and the time commitment to maintenance responsibility. • Root Foaming – revised to meet current practices. • Rehabilitation and Replacement Program – provided details on current program. • Training – provided details on annual training and included information on annual refresher training on both the SSMP and the OERP. • Equipment and Replacement Parts – revised appendix 3 • O and M Resources – revised to reflect current staffing numbers for operations and maintenance of the collection system facilities. • Outreach – referenced the City website in paragraph. • Appendix – revised Appendices IV-A, IV-B, IV-D, IV-E, & IV-F. • Added new Appendix IV-C (Lift Station Condition Assessment Checklist). ELEMENT V: Design and Performance Provisions • Removed the Section V heading and renamed to Element V. • Revised all table references. ELEMENT VI: Overflow Emergency Response Plan • Removed the Section VI heading and renamed to Element VI. • Removed RWQCB requirements section. • Updated the entire element due to the numerous changes in notification requirements, spill categories, reporting, and etc. This element mirrors the Sewer Division’s updated Overflow Emergency Response Plan. ELEMENT VII: FOG Control Program • Removed the Section VII heading and renamed to Element VII. • Removed references to RWWCB requirements. • Used Food Service Establishments (FSE) to “call out” commercial sources. • Updated Table Historical FOG Related SSOs. • Described the FOG agent used by the collection crews to augment its preventative maintenance in areas identified needing added control. • Updated the dates in Figure: FOG Related Problems. • Added the Source Control Program Manager and the Source Control Inspector to the organization chart in Element II. • Added the City website link related to FOG. • Added information on the three (3) grease disposal sites with contact and address information. ELEMENT VIII: System Evaluation and Capacity Assurance Plan • Removed the Section VIII heading and renamed to Element VIII. • Removed reference to RWQCB requirements. • Updated information from the 2010 Master Plan. • Added reference to Element V for the Design Criteria section. • Added reference to Appendix IV-D (located in Element IV) for the rehabilitation philosophy for pipe replacements. 4 ELEMENT IX: Monitoring, Measurement and Program Modifications • Removed the Section IX heading and renamed to Element IX. • Removed RWQCB requirement statement. • Revised all tables and figures. • Revised narrative under Performance Measures and Baseline Performance. • Performance Monitoring and Program Changes – added analysis will be tracked annually in Appendix A of the SSMP. • References - Added the CIWQS data reporting system. ELEMENT X: SSMP Program Audits • Removed the Section X heading and renamed to Element X. • Removed RWQCB requirements. • Revised to reflect that audits need to conform to WDR. • Revised the Audit Checklist. ELEMENT XI: Communication Program • Removed the Section XI heading and renamed to Element XI. • Expanded outreach information 1 STAFF REPORT AGENDA NO: MEETING DATE: February 1, 2016 To: Honorable Mayor and City Council Date: February 1, 2016 From: Kathleen Kane, City Attorney – (650) 558-7204 Sigalle Michael, Sustainability Coordinator, (650) 558-7261 Subject: Adoption of a Resolution to Join in the Joint Exercise of Power Agreement to Establish the Peninsula Clean Energy Authority in San Mateo County; and Introduction of an Ordinance to Authorize Implementation of a Community Choice Aggregation Program RECOMMENDATION Staff recommends that the City Council consider whether to adopt a resolution authorizing the City to join in the Joint Exercise of Power Agreement to establish the Peninsula Clean Energy Authority in San Mateo County; and whether to introduce an ordinance to authorize implementation of a Community Choice Aggregation program. To do so, the City Council should: 1. Request the City Clerk to read the title of the following ordinance: An Ordinance of the City of Burlingame Authorizing the Implementation of a Community Choice Aggregation Program. 2. By motion, waive further reading and introduce the proposed ordinance. 3. Conduct a public hearing on the proposed ordinance. 4. Following closure of the public hearing, discuss the proposed ordinance and determine whether to bring it back for adoption at a future meeting. 5. Direct the City Clerk to publish a summary of the ordinance at least five days before proposed adoption. BACKGROUND Community Choice Aggregation (CCA), commonly referred to as Community Choice Energy (CCE), is a program that allows local municipalities to pool their energy demand to purchase electricity with a high renewable source content separately from the local investor owned utility. San Mateo County identified CCA as a promising strategy to meet local clean energy goals and significantly reduce greenhouse gas emissions. The establishment of a local CCA would entail the Peninsula Clean Energy February 1, 2016 2 County and participating cities forming a Joint Powers Authority (JPA) to procure electricity on behalf of County residents while PG&E continues to provide transmission and billing services. In December 2014, the County of San Mateo Board of Supervisors directed its staff to explore the feasibility of a CCA program in San Mateo County. Outreach efforts showed strong interest among the County’s cities for the creation of a CCA program. On February 24, 2015, the County of San Mateo allocated $300,000 to fund Phase 1 of the CCA program, which included the following activities: hiring a program consultant (LEAN Energy U.S.) to provide guidance and project management support; commissioning a study to determine the economic and technical feasibility of starting a CCA program in San Mateo County, which was completed by Pacific Energy Advisors, Inc.; hiring a creative services consultant to develop a website and related graphics for the program; and creating and supporting an Advisory Committee co-chaired by Board President Carole Groom and Supervisor Dave Pine. The Advisory Committee began meeting in May 2015 with representation from all participating cities and other local stakeholders. City staff attended the monthly meetings where various issues related to the formation of a CCA program were discussed. Through the Advisory Committee process, the CCA program became branded as Peninsula Clean Energy (PCE). In September 2015, the County released the technical feasibility study. The study demonstrated that a CCA program in San Mateo County would be economically and technically viable and would meet the County’s environmental goals. In November, the County Board of Supervisors adopted an ordinance to form a countywide CCA and allocated $800,000 to fund Phase 2 of the CCA program. Phase 2 includes: formation and program design of the Peninsula Clean Energy Authority; energy product investigation and supply portfolio recommendations; city outreach and informational support for local ordinance adoption; implementation plan development; and community engagement, marketing, and communication. The County requested that cities interested in joining the CCA program complete the required approvals by February 29, 2016. The City Council conducted a study session on January 4, 2016, to discuss the CCA program and review the technical feasibility study. DISCUSSION CCA programs are authorized by the Public Utilities Code. Section 366.2(c)(12)(B) contemplates creation of a Joint Powers Authority so that a county and a city or cities can “participate as a group in a community choice aggregation program.” The County and each city can begin to take advantage of this option by doing two things: (1) entering into a Joint Powers Agreement forming a Joint Powers Authority under Section 6500, et seq. of the Government Code; and (2) adopting an Ordinance “elect[ing] to implement a community choice aggregation program within its jurisdiction” as provided by Section 366.2(c)(12)(A). The County prepared a Joint Powers Authority agreement in compliance with the Public Utilities Code. The JPA agreement is based on a similar agreement used to form Sonoma Clean Power. As part of drafting the agreement, feedback on key decision points was obtained from the Advisory Peninsula Clean Energy February 1, 2016 3 Committee and a Board of Supervisors Study Session held on October 6, 2015. Key points in the JPA Agreement include:  cities would be allowed to become full members of the JPA rather than mere “participants” in the CCA program;  each city would have a member on the JPA Board, represented by an elected public official;  the JPA would have a two-tiered voting system based both on majority vote as well as a weighted vote that takes into account the energy use within the jurisdiction so as to create a fair balance of power among the members;  a provision that makes clear that any liabilities of the JPA are incurred by the JPA and not the constituent members;  a provision that allows constituent members to withdraw from the Authority without financial obligation if prior to launch it is clear that the Authority cannot meet its pricing and environmental goals. A first draft of the agreement was completed and circulated to all of the City Attorneys, and during the following weeks, two in-person meetings were held with City Attorney representatives. During those meetings and through prior and subsequent electronic correspondence, numerous changes to the agreement were made to address issues raised by the various representatives. The final JPA agreement reflects that collaborative effort. While the materials provided by the County indicate the Advisory Committee’s recommendations regarding structure and operations of the JPA, the JPA board, once formed, may make alterations in these plans and will have authority over future policy decisions for PCE. This report includes the JPA agreement and a resolution approving execution of the JPA agreement. Execution of the JPA agreement by the County and at least two cities is needed to create the Peninsula Clean Energy Authority. The ordinance that complies with the requirements of Public Utilities Code Section 366.2(c)(12)(A) is attached as well. Adoption of an ordinance requires two public meetings; the first meeting is to introduce the ordinance, followed by a second public meeting adopting the ordinance. Pending Council approval to introduce the ordinance, adoption of the ordinance is scheduled for the February 16th Council meeting. Participating in the CCA program does not require outlay of any City funds at this time. The County of San Mateo has provided seed money, and future expenses will be covered by revenues from ratepayers. One of the advantages of the program is that Peninsula Clean Energy will not be a profit-driven enterprise. All revenues over expenses can be reinvested to improve pricing, focus on environmentally conscious power purchases, and fund locally beneficial power projects at the election of the Peninsula Clean Energy Board. Under Public Utilities Code section 366.2, customers have the right to opt-out of a CCA program and continue to receive service from PG&E. Customers who wish to continue to receive service from PG&E will be able to do so. Peninsula Clean Energy is required to provide customers at least four notices of their rights to continue to receive service from PG&E. Those who do receive power from Peninsula Clean Energy will receive that power over the same transmission lines and receive the same billing statement from PG&E. Peninsula Clean Energy February 1, 2016 4 Depending on the level of Burlingame ratepayers’ participation in the program, the cleaner power options in the CCA program could reduce the City’s greenhouse gas emissions from electricity use and help increase the development of local renewable energy. In joining the program, Burlingame would contribute to facilitating a regional solution to local energy needs and expanding the available power procurement options for county residents. FISCAL IMPACT No fiscal impact. Exhibits: • Proposed Resolution • Joint Powers Authority Agreement • Proposed Ordinance Page 1 of 14 Approved [insert date] JOINT EXERCISE OF POWERS AGREEMENT RELATING TO AND CREATING THE PENINSULA CLEAN ENERGY AUTHORITY OF SAN MATEO COUNTY This Joint Exercise of Powers Agreement, effective on the date determined by Section 2.1, is made and entered into pursuant to the provisions of Title 1, Division 7, Chapter 5, Article 1 (Sections 6500 et seq.) of the California Government Code relating to the joint exercise of powers among the Parties set forth in Exhibit B, and establishes the Peninsula Clean Energy Authority (“Authority”), is by and between the County of San Mateo (“County”) and those cities and towns within the County of San Mateo who become signatories to this Agreement, and relates to the joint exercise of powers among the signatories hereto. RECITALS A. The Parties share various powers under California law, including but not limited to the power to purchase, supply, and aggregate electricity for themselves and customers within their jurisdictions. B. In 2006, the State Legislature adopted AB 32, the Global Warming Solutions Act, which mandates a reduction in greenhouse gas emissions in 2020 to 1990 levels. The California Air Resources Board is promulgating regulations to implement AB 32 which will require local governments to develop programs to reduce greenhouse gas emissions. C. The purposes for entering into this Agreement include: a. Reducing greenhouse gas emissions related to the use of power in San Mateo County and neighboring regions; b. Providing electric power and other forms of energy to customers at a competitive cost; c. Carrying out programs to reduce energy consumption; d. Stimulating and sustaining the local economy by developing local jobs in renewable energy; and e. Promoting long-term electric rate stability and energy security and reliability for residents through local control of electric generation resources. D. It is the intent of this Agreement to promote the development and use of a wide range of renewable energy sources and energy efficiency programs, including but not limited to solar, Page 2 of 14 Approved [insert date] wind, and biomass energy production. The purchase of renewable power and greenhouse gas-free energy sources will be the desired approach to decrease regional greenhouse gas emissions and accelerate the State’s transition to clean power resources to the extent feasible. The Agency will also add increasing levels of locally generated renewable resources as these projects are developed and customer energy needs expand. E. The Parties desire to establish a separate public agency, known as the Peninsula Clean Energy Authority, under the provisions of the Joint Exercise of Powers Act of the State of California (Government Code Section 6500 et seq.) (“Act”) in order to collectively study, promote, develop, conduct, operate, and manage energy programs. F. The Parties anticipate adopting an ordinance electing to implement through the Authority a common Community Choice Aggregation (CCA) program, an electric service enterprise available to cities and counties pursuant to California Public Utilities Code Sections 331.1(c) and 366.2. The first priority of the Authority will be the consideration of those actions necessary to implement the CCA Program. AGREEMENT NOW, THEREFORE, in consideration of the mutual promises, covenants, and conditions hereinafter set forth, it is agreed by and among the Parties as follows: ARTICLE 1: DEFINITIONS AND EXHIBITS 1.1 Definitions. Capitalized terms used in the Agreement shall have the meanings specified in Exhibit A, unless the context requires otherwise. 1.2 Documents Included. This Agreement consists of this document and the following exhibits, all of which are hereby incorporated into this Agreement. Exhibit A: Definitions Exhibit B: List of the Parties Exhibit C: Annual Energy Use Exhibit D: Voting Shares Exhibit E: Signatures ARTICLE 2: FORMATION OF PENINSULA CLEAN ENERGY AUTHORITY 2.1 Effective Date and Term. This Agreement shall become effective and Peninsula Clean Energy Authority shall exist as a separate public agency on February 29, 2016 or when the County of San Mateo and at least two municipalities execute this Agreement, whichever occurs later. The Authority shall provide notice to the Parties of the Effective Date. The Authority shall continue to exist, and this Agreement shall be effective, until this Agreement is terminated in accordance with Section 6.4, subject to the rights of the Parties to withdraw from the Authority. Page 3 of 14 Approved [insert date] 2.2 Formation. There is formed as of the Effective Date a public agency named the Peninsula Clean Energy Authority. Pursuant to Sections 6506 and 6507 of the Act, the Authority is a public agency separate from the Parties. Pursuant to Sections 6508.1 of the Act, the debts, liabilities or obligations of the Authority shall not be debts, liabilities or obligations of the individual Parties unless the governing board of a Party agrees in writing to assume any of the debts, liabilities or obligations of the Authority. A Party who has not agreed to assume an Authority debt, liability or obligation shall not be responsible in any way for such debt, liability or obligation even if a majority of the Parties agree to assume the debt, liability or obligation of the Authority. Notwithstanding Section 7.4 of this Agreement, this Section 2.2 may not be amended unless such amendment is approved by the governing board of each Party. 2.3 Purpose. The purpose of this Agreement is to establish an independent public agency in order to exercise powers common to each Party to study, promote, develop, conduct, operate, and manage energy, energy efficiency and conservation, and other energy-related programs, and to exercise all other powers necessary and incidental to accomplishing this purpose. Without limiting the generality of the foregoing, the Parties intend for this Agreement to be used as a contractual mechanism by which the Parties are authorized to participate in the CCA Program, as further described in Section 4.1. The Parties intend that other agreements shall define the terms and conditions associated with the implementation of the CCA Program and any other energy programs approved by the Authority. 2.4 Powers. The Authority shall have all powers common to the Parties and such additional powers accorded to it by law. The Authority is authorized, in its own name, to exercise all powers and do all acts necessary and proper to carry out the provisions of this Agreement and fulfill its purposes, including, but not limited to, each of the following powers, subject to the voting requirements set forth in Section 3.7 through 3.7.5: 2.4.1 to make and enter into contracts; 2.4.2 to employ agents and employees, including but not limited to a Chief Executive Officer; 2.4.3 to acquire, contract, manage, maintain, and operate any buildings, infrastructure, works, or improvements; 2.4.4 to acquire property by eminent domain, or otherwise, except as limited under Section 6508 of the Act, and to hold or dispose of any property; however, the Authority shall not exercise the power of eminent domain within the jurisdiction of a Party over its objection without first meeting and conferring in good faith. 2.4.5 to lease any property; 2.4.6 to sue and be sued in its own name; 2.4.7 to incur debts, liabilities, and obligations, including but not limited to loans from private lending sources pursuant to its temporary borrowing powers such as Government Code Sections 53850 et seq. and authority under the Act; Page 4 of 14 Approved [insert date] 2.4.8 to form subsidiary or independent corporations or entities if necessary, to carry out energy supply and energy conservation programs at the lowest possible cost or to take advantage of legislative or regulatory changes; 2.4.9 to issue revenue bonds and other forms of indebtedness; 2.4.10 to apply for, accept, and receive all licenses, permits, grants, loans or other aids from any federal, state, or local public agency; 2.4.11 to submit documentation and notices, register, and comply with orders, tariffs and agreements for the establishment and implementation of the CCA Program and other energy programs; 2.4.12 to adopt Operating Rules and Regulations; and 2.4.13 to make and enter into service agreements relating to the provision of services necessary to plan, implement, operate and administer the CCA Program and other energy programs, including the acquisition of electric power supply and the provision of retail and regulatory support services. 2.4.14 to permit additional Parties to enter into this Agreement after the Effective Date and to permit another entity authorized to be a community choice aggregator to designate the Authority to act as the community choice aggregator on its behalf. 2.5 Limitation on Powers. As required by Government Code Section 6509, the power of the Authority is subject to the restrictions upon the manner of exercising power possessed by San Mateo County. 2.6 Compliance with Local Zoning and Building Laws and CEQA. Unless state or federal law provides otherwise, any facilities, buildings or structures located, constructed, or caused to be constructed by the Authority within the territory of the Authority shall comply with the General Plan, zoning and building laws of the local jurisdiction within which the facilities, buildings or structures are constructed and comply with the California Environmental Quality Act (“CEQA”). ARTICLE 3: GOVERNANCE AND INTERNAL ORGANIZATION 3.1 Board of Directors. The governing body of the Authority shall be a Board of Directors (“Board”). The Board shall consist of 2 (two) directors appointed by the San Mateo County Board of Supervisors and 1 (one) director appointed by each City or Town that becomes a signatory to the Agreement (“Directors”). Each Director shall serve at the pleasure of the governing board of the Party who appointed such Director, and may be removed as Director by such governing board at any time. If at any time a vacancy occurs on the Board, a replacement shall be appointed to fill the position of the previous Director within 90 days of the date that such position becomes vacant. Directors must be members of the Board of Supervisors or members of the governing board of the municipality that is the signatory to this Agreement. Each Party may appoint an alternate(s) to serve in the absence of its Director(s). Alternates may be either (1) members of the Board of Supervisors or members of the governing board of the municipality that is the signatory to this Agreement, or (2) staff members of Page 5 of 14 Approved [insert date] the County or any such municipality. 3.2 Quorum. A majority of the appointed Directors shall constitute a quorum, except that less than a quorum may adjourn from time to time in accordance with law. 3.3 Powers and Functions of the Board. The Board shall exercise general governance and oversight over the business and activities of the Authority, consistent with this Agreement and applicable law. The Board shall provide general policy guidance to the CCA Program. Board approval shall be required for any of the following actions: 3.3.1 The issuance of bonds or any other financing even if program revenues are expected to pay for such financing. 3.3.2 The hiring or termination of the Chief Executive Officer and General Counsel. 3.3.3 The appointment or removal of officers described in Section 3.9, subject to Section 3.9.3. 3.3.4 The adoption of the Annual Budget. 3.3.5 The adoption of an ordinance. 3.3.6 The approval of agreements, except as provided by Section 3.4. 3.3.7 The initiation or resolution of claims and litigation where the Authority will be the defendant, plaintiff, petitioner, respondent, cross complainant or cross petitioner, or intervenor; provided, however, that the Chief Executive Officer or General Counsel, on behalf of the Authority, may intervene in, become a party to, or file comments with respect to any proceeding pending at the California Public Utilities Commission, the Federal Energy Regulatory Commission, or any other administrative agency, without approval of the Board as long as such action is consistent with any adopted Board policies. 3.3.8 The setting of rates for power sold by the Authority and the setting of charges for any other category of service provided by the Authority. 3.3.9 Termination of the CCA Program. 3.4 Chief Executive Officer. The Board of Directors shall appoint a Chief Executive Officer for the Authority, who shall be responsible for the day-to-day operation and management of the Authority and the CCA Program. The Chief Executive Officer may exercise all powers of the Authority, including the power to hire, discipline and terminate employees as well as the power to approve any agreement if the total amount payable under the agreement is less than $100,000 in any fiscal year, except the powers specifically set forth in Section 3.3 or those powers which by law must be exercised by the Board of Directors. 3.5 Commissions, Boards, and Committees. The Board may establish any advisory Page 6 of 14 Approved [insert date] commissions, boards, and committees as the Board deems appropriate to assist the Board in carrying out its functions and implementing the CCA Program, other energy programs and the provisions of this Agreement which shall comply with the requirements of the Ralph M. Brown Act. The Board may establish rules, regulations, policies, bylaws or procedures to govern any such commissions, boards, or committees if the Board deems appropriate to appoint such commissions, boards or committees, and shall determine whether members shall be compensated or entitled to reimbursement for expenses. 3.6 Director Compensation. Directors shall serve without compensation from the Authority. However, Directors may be compensated by their respective appointing authorities. The Board, however, may adopt by resolution a policy relating to the reimbursement by the Authority of expenses incurred by Directors. 3.7 Voting In general, as described below in Section 3.7.3, action by the Authority Board will be taken solely by a majority vote of the Directors present. However, as described below in Section 3.7.4, upon request of a Director, a weighted vote by shares will also be conducted. When such a request is made, an action must be approved by both a majority vote of Directors present and a majority of the weighted vote by shares present. No action may be approved solely by a vote by shares. The voting shares of Directors and approval requirements for actions of the Board shall be as follows: 3.7.1. Voting Shares. Each Director shall have a voting share as determined by the following formula: (Annual Energy Use/Total Annual Energy) multiplied by 100, where (a) “Annual Energy Use” means, (i) with respect to the first year following the Effective Date, the annual electricity usage, expressed in kilowatt hours (“kWh”), within the Party’s respective jurisdiction and (ii) with respect to the period after the anniversary of the Effective Date, the annual electricity usage, expressed in kWh, of accounts within a Party’s respective jurisdiction that are served by the Authority; and (b) “Total Annual Energy” means the sum of all Parties’ Annual Energy Use. The initial values for Annual Energy Use will be designated in Exhibit C, and shall be adjusted annually as soon as reasonably practicable after January 1, but no later than March 1 of each year. These adjustments shall be approved by the Board. (c) The combined voting share of all Directors representing the County of San Mateo shall be based upon the annual electricity usage within the unincorporated area of San Mateo County. For the purposes of Weighted Voting, if a Party has more than one director, then the voting shares allocated to the entity shall be equally divided amongst its Directors. 3.7.2. Exhibit Showing Voting Shares. The initial voting shares will be set forth in Exhibit D. Exhibit D shall be revised no less than annually as necessary to account for changes in the number of Parties and changes in the Parties’ Annual Energy Use. Exhibit D and Page 7 of 14 Approved [insert date] adjustments shall be approved by the Board. 3.7.3. Approval Requirements Relating to CCA Program. Except as provided in Sections 3.7.4 and 3.7.5 below, action of the Board shall require the affirmative vote of a majority of Directors present at the meeting. 3.7.4. Option for Approval by Voting Shares. Notwithstanding Section 3.7.3, any Director present at a meeting may demand that approval of any matter related to the CCA Program be determined on the basis of both voting shares and by the affirmative vote of a majority of Directors present at the meeting. If a Director makes such a demand with respect to approval of any such matter, then approval of such matter shall require the affirmative vote of a majority of Directors present at the meeting and the affirmative vote of Directors having a majority of voting shares present, as determined by Section 3.7.1 except as provided in Section 3.7.5. 3.7.5. Special Voting Requirements for Certain Matters. (a) Two-Thirds and Weighted Voting Approval Requirements Relating to Sections 6.2 and 7.4. Action of the Board on the matters set forth in Section 6.2 (involuntary termination of a Party), or Section 7.4 (amendment of this Agreement) shall require the affirmative vote of at least two-thirds of Directors present; provided, however, that (i) notwithstanding the foregoing, any Director present at the meeting may demand that the vote be determined on the basis of both voting shares and by the affirmative vote of Directors, and if a Director makes such a demand, then approval shall require the affirmative vote of both at least two-thirds of Directors present and the affirmative vote of Directors having at least two-thirds of the voting shares present, as determined by Section 3.7.1; (ii) but, at least two Parties must vote against a matter for the vote to fail; and (iii) for votes to involuntarily terminate a Party under Section 6.2, the Director(s) for the Party subject to involuntary termination may not vote, and the number of Directors constituting two-thirds of all Directors, and the weighted vote of each Party shall be recalculated as if the Party subject to possible termination were not a Party. (b) Seventy Five Percent Special Voting Requirements for Eminent Domain and Contributions or Pledge of Assets. (i) A decision to exercise the power of eminent domain on behalf of the Authority to acquire any property interest other than an easement, right-of-way, or temporary construction easement shall require a vote of at least 75% of all Directors. (ii) The imposition on any Party of any obligation to make contributions or pledge assets as a condition of continued participation in the CCA Program shall require a vote of at least 75% of all Directors and the approval of the governing boards of the Parties who are being asked to make such contribution or pledge. (iii) Notwithstanding the foregoing, any Director present at the meeting may demand that a vote under subsections (i) or (ii) be determined on the basis of voting shares and by the affirmative vote of Directors, and if a Director makes such a Page 8 of 14 Approved [insert date] demand, then approval shall require both the affirmative vote of at least 75% of Directors present and the affirmative vote of Directors having at least 75% of the voting shares present, as determined by Section 3.7.1, but at least two Parties must vote against a matter for the vote to fail. For purposes of this section, “imposition on any Party of any obligation to make contributions or pledge assets as a condition of continued participation in the CCA Program” does not include any obligations of a withdrawing or terminated party imposed under Section 6.3. 3.8 Meetings and Special Meetings of the Board. The Board shall hold at least six regular meetings per year, but the Board may provide for the holding of regular meetings at more frequent intervals. The date, hour and place of each regular meeting shall be fixed by resolution or ordinance of the Board. Regular meetings may be adjourned to another meeting time. Special and Emergency Meetings of the Board may be called in accordance with the provisions of California Government Code Sections 54956 and 54956.5. Directors may participate in meetings telephonically, with full voting rights, only to the extent permitted by law. All meetings shall be conducted in accordance with the provisions of the Ralph M. Brown Act (California Government Code Sections 54950 et seq.). 3.9 Selection of Board Officers. 3.9.1 Chair and Vice Chair. The Directors shall select, from among themselves, a Chair, who shall be the presiding officer of all Board meetings, and a Vice Chair, who shall serve in the absence of the Chair. The term of office of the Chair and Vice Chair shall continue for one year, but there shall be no limit on the number of terms held by either the Chair or Vice Chair. The office of either the Chair or Vice Chair shall be declared vacant and a new selection shall be made if: (a) the person serving dies, resigns, or the Party that the person represents removes the person as its representative on the Board or (b) the Party that he or she represents withdraws from the Authority pursuant to the provisions of this Agreement. 3.9.2 Secretary. The Board shall appoint a Secretary, who need not be a member of the Board, who shall be responsible for keeping the minutes of all meetings of the Board and all other official records of the Authority. 3.9.3 Treasurer and Auditor. The San Mateo County Treasurer shall act as the Treasurer for the Authority. Unless otherwise exempted from such requirement, the Authority shall cause an independent audit to be made by a certified public accountant, or public accountant, in compliance with Section 6505 of the Act. The Treasurer shall act as the depository of the Authority and have custody of all the money of the Authority, from whatever source, and as such, shall have all of the duties and responsibilities specified in Section 6505.5 of the Act. The Treasurer shall report directly to the Board and shall comply with the requirements of treasurers of incorporated municipalities. The Board may transfer the responsibilities of Treasurer to any person or entity as the law may provide at the time. The duties and obligations of the Treasurer are further specified in Article 5. Page 9 of 14 Approved [insert date] 3.10 Administrative Services Provider. The Board may appoint one or more administrative services providers to serve as the Authority’s agent for planning, implementing, operating and administering the CCA Program, and any other program approved by the Board, in accordance with the provisions of an Administrative Services Agreement. The appointed administrative services provider may be one of the Parties. An Administrative Services Agreement shall set forth the terms and conditions by which the appointed administrative services provider shall perform or cause to be performed all tasks necessary for planning, implementing, operating and administering the CCA Program and other approved programs. The Administrative Services Agreement shall set forth the term of the Agreement and the circumstances under which the Administrative Services Agreement may be terminated by the Authority. This section shall not in any way be construed to limit the discretion of the Authority to hire its own employees to administer the CCA Program or any other program. ARTICLE 4: IMPLEMENTATION ACTION AND AUTHORITY DOCUMENTS 4.1 Preliminary Implementation of the CCA Program. 4.1.1 Enabling Ordinance. To be eligible to participate in the CCA Program, each Party must adopt an ordinance in accordance with Public Utilities Code Section 366.2(c)(12) for the purpose of specifying that the Party intends to implement a CCA Program by and through its participation in the Authority. 4.1.2 Implementation Plan. The Authority shall cause to be prepared an Implementation Plan meeting the requirements of Public Utilities Code Section 366.2 and any applicable Public Utilities Commission regulations as soon after the Effective Date as reasonably practicable. The Implementation Plan shall not be filed with the Public Utilities Commission until it is approved by the Board in the manner provided by Section 3.7.3. 4.1.3 Termination of CCA Program. Nothing contained in this Article or this Agreement shall be construed to limit the discretion of the Authority to terminate the implementation or operation of the CCA Program at any time in accordance with any applicable requirements of state law. 4.2 Authority Documents. The Parties acknowledge and agree that the affairs of the Authority will be implemented through various documents duly adopted by the Board through Board resolution. The Parties agree to abide by and comply with the terms and conditions of all such documents that may be adopted by the Board, subject to the Parties’ right to withdraw from the Authority as described in Article 6. ARTICLE 5: FINANCIAL PROVISIONS 5.1 Fiscal Year. The Authority’s fiscal year shall be 12 months commencing July 1 or the date selected by the Agency and ending June 30. The fiscal year may be changed by Board resolution. Page 10 of 14 Approved [insert date] 5.2 Depository. 5.2.1 All funds of the Authority shall be held in separate accounts in the name of the Authority and not commingled with funds of any Party or any other person or entity. 5.2.2 All funds of the Authority shall be strictly and separately accounted for, and regular reports shall be rendered of all receipts and disbursements, at least quarterly during the fiscal year. The books and records of the Authority shall be open to inspection by the Parties at all reasonable times. The Board shall contract with a certified public accountant or public accountant to make an annual audit of the accounts and records of the Authority, which shall be conducted in accordance with the requirements of Section 6505 of the Act. 5.2.3 All expenditures shall be made in accordance with the approved budget and upon the approval of any officer so authorized by the Board in accordance with its Operating Rules and Regulations. The Treasurer shall draw checks or warrants or make payments by other means for claims or disbursements not within an applicable budget only upon the prior approval of the Board. 5.3 Budget and Recovery of Costs. 5.3.1 Budget. The initial budget shall be approved by the Board. The Board may revise the budget from time to time as may be reasonably necessary to address contingencies and unexpected expenses. All subsequent budgets of the Authority shall be approved by the Board in accordance with the Operating Rules and Regulations. 5.3.2 Funding of Initial Costs. The County of San Mateo has funded certain activities necessary to implement the CCA Program. If the CCA Program becomes operational, these Initial Costs paid by the County of San Mateo shall be included in the customer charges for electric services as provided by Section 5.3.3 to the extent permitted by law, and the County of San Mateo shall be reimbursed from the payment of such charges by customers of the Authority. Prior to such reimbursement, the County of San Mateo shall provide such documentation of costs paid as the Board may request. The Authority may establish a reasonable time period over which such costs are recovered. In the event that the CCA Program does not become operational, the County of San Mateo shall not be entitled to any reimbursement of the Initial Costs it has paid from the Authority or any Party. 5.3.3 CCA Program Costs. The Parties desire that all costs incurred by the Authority that are directly or indirectly attributable to the provision of electric, conservation, efficiency, incentives, financing, or other services provided under the CCA Program, including but not limited to the establishment and maintenance of various reserves and performance funds and administrative, accounting, legal, consulting, and other similar costs, shall be recovered through charges to CCA customers receiving such electric services, or from revenues from grants or other third-party sources. ARTICLE 6: WITHDRAWAL AND TERMINATION Page 11 of 14 Approved [insert date] 6.1 Withdrawal. 6.1.1 Right to Withdraw. A Party may withdraw its participation in the CCA Program, effective as of the beginning of the Authority’s fiscal year, by giving no less than 6 months advance written notice of its election to do so, which notice shall be given to the Authority and each Party. Withdrawal of a Party shall require an affirmative vote of the Party’s governing board. 6.1.2 Right to Withdraw After Amendment. Notwithstanding Section 6.1.1, a Party may withdraw its membership in the Authority following an amendment to this Agreement adopted by the Board which the Party’s Director(s) voted against provided such notice is given in writing within thirty (30) days following the date of the vote. Withdrawal of a Party shall require an affirmative vote of the Party’s governing board and shall not be subject to the six month advance notice provided in Section 6.1.1. In the event of such withdrawal, the Party shall be subject to the provisions of Section 6.3. 6.1.3 The Right to Withdraw Prior to Program Launch. After receiving bids from power suppliers, the Authority must provide to the Parties the report from the electrical utility consultant retained by the Authority that compares the total estimated electrical rates that the Authority will be charging to customers as well as the estimated greenhouse gas emissions rate and the amount of estimated renewable energy used with that of the incumbent utility. If the report provides that the Authority is unable to provide total electrical rates, as part of its baseline offering, to the customers that are equal to or lower than the incumbent utility or to provide power in a manner that has a lower greenhouse gas emissions rate or uses more renewable energy than the incumbent utility, a Party may immediately withdraw its membership in the Authority without any financial obligation, as long as the Party provides written notice of its intent to withdraw to the Authority Board no more than fifteen days after receiving the report. 6.1.4 Continuing Financial Obligation; Further Assurances. Except as provided by Section 6.1.3, a Party that withdraws its participation in the CCA Program may be subject to certain continuing financial obligations, as described in Section 6.3. Each withdrawing Party and the Authority shall execute and deliver all further instruments and documents, and take any further action that may be reasonably necessary, as determined by the Board, to effectuate the orderly withdrawal of such Party from participation in the CCA Program. 6.2 Involuntary Termination of a Party. Participation of a Party in the CCA program may be terminated for material non-compliance with provisions of this Agreement or any other agreement relating to the Party’s participation in the CCA Program upon a vote of Board members as provided in Section 3.7.5. Prior to any vote to terminate participation with respect to a Party, written notice of the proposed termination and the reason(s) for such termination shall be delivered to the Party whose termination is proposed at least 30 days prior to the regular Board meeting at which such matter shall first be discussed as an agenda item. The written notice of proposed termination shall specify the particular provisions of this Agreement or other agreement that the Party has allegedly violated. The Party subject to possible termination shall have the opportunity at the next regular Board meeting to respond to any reasons and allegations that may be cited as a basis for termination prior to a vote Page 12 of 14 Approved [insert date] regarding termination. A Party that has had its participation in the CCA Program terminated may be subject to certain continuing liabilities, as described in Section 6.3. 6.3 Continuing Financial Obligations; Refund. Except as provided by Section 6.1.3, upon a withdrawal or involuntary termination of a Party, the Party shall remain responsible for any claims, demands, damages, or other financial obligations arising from the Party membership or participation in the CCA Program through the date of its withdrawal or involuntary termination, it being agreed that the Party shall not be responsible for any financial obligations arising after the date of the Party’s withdrawal or involuntary termination. Claims, demands, damages, or other financial obligations for which a withdrawing or terminated Party may remain liable include, but are not limited to, losses from the resale of power contracted for by the Authority to serve the Party’s load. With respect to such financial obligations, upon notice by a Party that it wishes to withdraw from the CCA Program, the Authority shall notify the Party of the minimum waiting period under which the Party would have no costs for withdrawal if the Party agrees to stay in the CCA Program for such period. The waiting period will be set to the minimum duration such that there are no costs transferred to remaining ratepayers. If the Party elects to withdraw before the end of the minimum waiting period, the charge for exiting shall be set at a dollar amount that would offset actual costs to the remaining ratepayers, and may not include punitive charges that exceed actual costs. In addition, such Party shall also be responsible for any costs or obligations associated with the Party’s participation in any program in accordance with the provisions of any agreements relating to such program provided such costs or obligations were incurred prior to the withdrawal of the Party. The Authority may withhold funds otherwise owing to the Party or may require the Party to deposit sufficient funds with the Authority, as reasonably determined by the Authority and approved by a vote of the Board of Directors, to cover the Party’s financial obligations for the costs described above. Any amount of the Party’s funds held on deposit with the Authority above that which is required to pay any financial obligations shall be returned to the Party. The liability of any Party under this section 6.3 is subject and subordinate to the provisions of Section 2.2, and nothing in this section 6.3 shall reduce, impair, or eliminate any immunity from liability provided by Section 2.2. 6.4 Mutual Termination. This Agreement may be terminated by mutual agreement of all the Parties; provided, however, the foregoing shall not be construed as limiting the rights of a Party to withdraw its participation in the CCA Program, as described in Section 6.1. 6.5 Disposition of Property upon Termination of Authority. Upon termination of this Agreement, any surplus money or assets in possession of the Authority for use under this Agreement, after payment of all liabilities, costs, expenses, and charges incurred under this Agreement and under any program documents, shall be returned to the then-existing Parties in proportion to the contributions made by each. ARTICLE 7: MISCELLANEOUS PROVISIONS 7.1 Dispute Resolution. The Parties and the Authority shall make reasonable efforts to informally settle all disputes arising out of or in connection with this Agreement. Should such informal efforts to settle a dispute, after reasonable efforts, fail, the dispute shall be mediated in accordance with policies and procedures established by the Board. Page 13 of 14 Approved [insert date] 7.2 Liability of Directors, Officers, and Employees. The Directors, officers, and employees of the Authority shall use ordinary care and reasonable diligence in the exercise of their powers and in the performance of their duties pursuant to this Agreement. No current or former Director, officer, or employee will be responsible for any act or omission by another Director, officer, or employee. The Authority shall defend, indemnify and hold harmless the individual current and former Directors, officers, and employees for any acts or omissions in the scope of their employment or duties in the manner provided by Government Code Sections 995 et seq. Nothing in this section shall be construed to limit the defenses available under the law, to the Parties, the Authority, or its Directors, officers, or employees. 7.3 Indemnification of Parties. The Authority shall acquire such insurance coverage as is necessary to protect the interests of the Authority, the Parties, and the public. The Authority shall defend, indemnify, and hold harmless the Parties and each of their respective Board or Council members, officers, agents and employees, from any and all claims, losses, damages, costs, injuries, and liabilities of every kind arising directly or indirectly from the conduct, activities, operations, acts, and omissions of the Authority under this Agreement. 7.4 Amendment of this Agreement. This Agreement may not be amended except by a written amendment approved by a vote of Board members as provided in Section 3.7.5. The Authority shall provide written notice to all Parties of amendments to this Agreement, including the effective date of such amendments, at least 30 days prior to the date upon which the Board votes on such amendments. 7.5 Assignment. Except as otherwise expressly provided in this Agreement, the rights and duties of the Parties may not be assigned or delegated without the advance written consent of all of the other Parties, and any attempt to assign or delegate such rights or duties in contravention of this Section 7.5 shall be null and void. This Agreement shall inure to the benefit of, and be binding upon, the successors and assigns of the Parties. This Section 7.5 does not prohibit a Party from entering into an independent agreement with another agency, person, or entity regarding the financing of that Party’s contributions to the Authority, or the disposition of proceeds which that Party receives under this Agreement, so long as such independent agreement does not affect, or purport to affect, the rights and duties of the Authority or the Parties under this Agreement. 7.6 Severability. If one or more clauses, sentences, paragraphs or provisions of this Agreement shall be held to be unlawful, invalid or unenforceable, it is hereby agreed by the Parties, that the remainder of the Agreement shall not be affected thereby. Such clauses, sentences, paragraphs or provision shall be deemed reformed so as to be lawful, valid and enforced to the maximum extent possible. 7.7 Further Assurances. Each Party agrees to execute and deliver all further instruments and documents, and take any further action that may be reasonably necessary, to effectuate the purposes and intent of this Agreement. 7.8 Execution by Counterparts. This Agreement may be executed in any number of counterparts, and upon execution by all Parties, each executed counterpart shall have the same force and effect as an original instrument and as if all Parties had signed the same instrument. Any signature page of this Agreement may be detached from any counterpart of this Agreement without impairing Page 14 of 14 Approved [insert date] the legal effect of any signatures thereon, and may be attached to another counterpart of this Agreement identical in form hereto but having attached to it one or more signature pages. 7.9 Parties to be Served Notice. Any notice authorized or required to be given pursuant to this Agreement shall be validly given if served in writing either personally, by deposit in the United States mail, first class postage prepaid with return receipt requested, or by a recognized courier service. Notices given (a) personally or by courier service shall be conclusively deemed received at the time of delivery and receipt and (b) by mail shall be conclusively deemed given 48 hours after the deposit thereof (excluding Saturdays, Sundays and holidays) if the sender receives the return receipt. All notices shall be addressed to the office of the clerk or secretary of the Authority or Party, as the case may be, or such other person designated in writing by the Authority or Party. Notices given to one Party shall be copied to all other Parties. Notices given to the Authority shall be copied to all Parties. Approved [insert date] Exhibit A Definitions “Act” means the Joint Exercise of Powers Act of the State of California (Government Code Section 6500 et seq.) “Administrative Services Agreement” means an agreement or agreements entered into after the Effective Date by the Authority with an entity that will perform tasks necessary for planning, implementing, operating and administering the CCA Program or any other energy programs adopted by the Authority. “Agreement” means this Joint Powers Agreement. “Annual Energy Use” has the meaning given in Section 3.7.1. “Authority” means the Peninsula Clean Energy Authority. “Authority Document(s)” means document(s) duly adopted by the Board by resolution or motion implementing the powers, functions, and activities of the Authority, including but not limited to the Operating Rules and Regulations, the annual budget, and plans and policies. “Board” means the Board of Directors of the Authority. “CCA” or “Community Choice Aggregation” means an electric service option available to cities and counties pursuant to Public Utilities Code Section 366.2. “CCA Program” means the Authority’s program relating to CCA that is principally described in Sections 2.3, 2.4, and 4.1. “Director” means a member of the Board of Directors representing a Party. “Effective Date” means February 29, 2016 or when the County of San Mateo and at least two municipalities execute this Agreement, whichever occurs later, as further described in Section 2.1. “Implementation Plan” means the plan generally described in Section 4.1.2 of this Agreement that is required under Public Utilities Code Section 366.2 to be filed with the California Public Utilities Commission for the purpose of describing a proposed CCA Program. “Initial Costs” means all costs incurred by the County and/or Authority relating to the establishment and initial operation of the Authority, such as the hiring of a Chief Executive Officer and any administrative staff, and any required accounting, administrative, technical, or legal services in support of the Authority’s initial activities or in support of the negotiation, preparation, and approval of one or more Administrative Services Agreements. Approved [insert date] Exhibit A (cont.) Definitions “Operating Rules and Regulations” means the rules, regulations, policies, bylaws and procedures governing the operation of the Authority. “Parties” means, collectively, any municipality within the County of San Mateo which executes this Agreement. “Party” means a signatory to this Agreement. “Total Annual Energy” has the meaning given in Section 3.7.1. Approved [insert date] Exhibit B List of Parties Parties: County of San Mateo Approved [insert date] Exhibits C and D Annual Energy Use and Voting Shares ANNUAL ENERGY USE WITHIN PCE JURISDICTIONS AND VOTING SHARES Twelve Months Ended November [date] Party Total kWh Voting Share SAN MATEO COUNTY Total 100 RESOLUTION NO. CITY COUNCIL, CITY OF BURLINGAME, STATE OF CALIFORNIA * * * * * * RESOLUTION AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE THE JOINT EXERCISE OF POWERS AGREEMENT, WHICH WILL ESTABLISH THE PENINSULA CLEAN ENERGY AUTHORITY WITH THE CITY AS A CHARTER MEMBER AND APPOINTING A CITY’S DIRECTOR AND ALTERNATE DIRECTOR TO REPRESENT THE CITY ON THE BOARD WHEREAS, the City Council of the City of Burlingame has investigated options to provide electric services to customers within the County, including incorporated and unincorporated areas, with the intent of achieving greater local control and involvement over the provision of electric services, competitive electric rates, the development of clean, local, renewable energy projects, reduced greenhouse gas emissions, and the wider implementation of energy conservation and efficiency projects and programs; and WHEREAS, the County of San Mateo has prepared a Feasibility Study for a community choice aggregation (“CCA”) program in San Mateo County under the provisions of the Public Utilities Code section 366.2. The Feasibility Study shows that implementing a community choice aggregation program would provide multiple benefits, including: a. Providing customers a choice of power providers; b. Increasing local control and involvement in and collaboration on energy rates and other energy-related matters; c. Providing more stable long-term electric rates that are competitive with those provided by the incumbent utility; d. Reducing greenhouse gas emissions arising from electricity use within San Mateo County; e. Increasing local renewable generation capacity; f. Increasing energy conservation and efficiency projects and programs; g. Increasing regional energy self-sufficiency; and h. Improving the local economy resulting from the implementation of local renewable and energy conservation and efficiency projects; and WHEREAS, the City wishes to be a community choice aggregator and has introduced the Ordinance required by Public Utilities Code Section 366.2 in order to do so; WHEREAS, the County of San Mateo has already become a community choice aggregator and believes that other cities and towns within San Mateo County also wish to be community choice aggregators; WHEREAS, pursuant to Section 366.2 two or more entities authorized to be a community choice aggregator, may participate as a group in a community choice aggregation program through a joint powers agency established pursuant to Chapter 5 (commencing with Section 6500) of Division 7 of Title 1 of the Government Code, if each entity adopts the aforementioned ordinance. WHEREAS, there has been presented to this City Council for its consideration and acceptance a Joint Powers Agreement, reference to which is hereby made for further particulars, whereby the City of Burlingame shall participate in the creation of the Peninsula Clean Energy Authority (“Authority”) with the County and at least one other city and/or town and become a charter member; WHEREAS, the Joint Powers Agreement entered into between the County of San Mateo and the participating cities of the Peninsula will create and form the Peninsula Clean Energy Authority (“Authority”). Under the Joint Powers Agreement, the County and cities and towns within San Mateo County choosing to participate in the CCA program will have membership on the Board of Directors of the Authority as provided in the Joint Powers Agreement if they execute the Agreement and adopt the ordinance required by the Public Utilities Code; WHEREAS, the newly created Authority will enter into agreements with electric power suppliers and other service providers, and based upon those agreements the Authority will be able to provide power to residents and business at rates that are competitive with those of the incumbent utility (“PG&E”). Once the California Public Utilities Commission approves the implementation plan created by the Authority, the Authority will provide service to customers within the unincorporated area of San Mateo County and within the jurisdiction of those cities who have chosen to participate in the CCA program; and WHEREAS, under Public Utilities Code section 366.2, customers have the right to opt-out of a CCA program and continue to receive service from the incumbent utility. Customers who wish to continue to receive service from the incumbent utility will be able to do so; and WHEREAS, this Council has been presented with a form of such Agreement and said Council has examined and approved same as to both form and content and desires to enter into same. NOW THEREFORE, IT IS HEREBY RESOLVED THAT the City Council of Burlingame wishes to enter into the Joint Exercise of Powers Agreement with the County and other participating Cities and Towns of the Peninsula to form the Peninsula Clean Power Agency and the Mayor is authorized and directed to execute the Joint Exercise of Powers Agreement, which will establish the Authority with the City as a charter member; and NOW THEREFORE, LET IT BE FURTHER RESOLVED THAT is appointed to be the City’s Director on the Board, is appointed the City’s Alternate Director and the City Manager is authorized to execute any and all other necessary documents to enter into the Joint Exercise of Powers Agreement to form Peninsula Clean Energy. * * * * * * ____________________________ Ann Keighran, 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 19th day of January, 2016, and was adopted thereafter by the following vote: AYES: Councilmembers: NOES: Councilmembers: ABSENT: Councilmembers: ____________________________ Meaghan Hassel-Shearer, City Clerk ORDINANCE NO. . CITY COUNCIL, CITY OF BURLINGAME STATE OF CALIFORNIA * * * * * * ORDINANCE AUTHORIZING THE IMPLEMENTATION OF A COMMUNITY CHOICE AGGREGATION PROGRAM The City Council of the City of Burlingame, State of California, ORDAINS as follows: SECTION 1. FINDINGS. The City Council of the City of Burlingame has investigated options to provide electric services to customers within the County, including incorporated and unincorporated areas, with the intent of achieving greater local control and involvement over the provision of electric services, competitive electric rates, the development of clean, local, renewable energy projects, reduced greenhouse gas emissions, and the wider implementation of energy conservation and efficiency projects and programs; and hereby finds and declares as follows: WHEREAS, the County of San Mateo prepared a Feasibility Study for a community choice aggregation (“CCA”) program in San Mateo County with the cooperation of the cities under the provisions of the Public Utilities Code section 366.2. The Feasibility Study shows that implementing a community choice aggregation program would provide multiple benefits, including: • Providing customers a choice of power providers; • Increasing local control and involvement in and collaboration on energy rates and other energy-related matters; • Providing more stable long-term electric rates that are competitive with those provided by the incumbent utility; • Reducing greenhouse gas emissions arising from electricity use within San Mateo County; • Increasing local renewable generation capacity; • Increasing energy conservation and efficiency projects and programs; • Increasing regional energy self-sufficiency; • Improving the local economy resulting from the implementation of local renewable and energy conservation and efficiency projects; and WHEREAS, the County of San Mateo Board of Supervisors has directed staff to bring for its approval a Joint Powers Agreement creating the Peninsula Clean Energy Authority (“Authority”). Under the Joint Powers Agreements, cities and towns within San Mateo County may participate in the Peninsula Clean Energy CCA program by adopting the resolution and ordinance required by Public Utilities Code section 366.2. Cities and towns choosing to participate in the CCA program will have membership on the Board of Directors of the Authority as provided in the Joint Powers Agreements; and WHEREAS, the Authority will enter into Agreements with electric power suppliers and other service providers, and based upon those Agreements the Authority will be able to provide power to residents and business at rates that are competitive with those of the incumbent utility (“PG&E”). Once the California Public Utilities Commission approves the implementation plan created by the Authority, the Authority will provide service to customers within the unincorporated area of San Mateo County and within the jurisdiction of those cities who have chosen to participate in the CCA program; and WHEREAS, under Public Utilities Code section 366.2, customers have the right to opt-out of a CCA program and continue to receive service from the incumbent utility. Customers who wish to continue to receive service from the incumbent utility will be able to do so; and WHEREAS, on January 4, 2016, the City Council held a study session at which time interested persons had an opportunity to testify either in support or opposition to implementation of the Peninsula Clean Energy CCA program in the City. WHEREAS, this ordinance is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to the CEQA Guidelines, as it is not a “project” as it has no potential to result in a direct or reasonably foreseeable indirect physical change to the environment. (14 Cal. Code Regs. § 15378(a)). Further, the ordinance is exempt from CEQA as there is no possibility that the ordinance or its implementation would have a significant effect on the environment. (14 Cal. Code Regs. § 15061(b)(3)). The ordinance is also categorically exempt because it is an action taken by a regulatory agency to assume the maintenance, restoration, enhancement or protection of the environment. (14 Cal. Code Regs. § 15308). The Director of Community Development shall cause a Notice of Exemption to be filed as authorized by CEQA and the CEQA guidelines. NOW, THEREFORE, LET IT BE RESOLVED the City Council does ordain as follows: SECTION 1. The above recitations are true and correct and material to this Ordinance. SECTION 2. Authorization to Implement a Community Choice Aggregation Program. Based upon the forgoing, and in order to provide business and residents within the City of [Your City Here] with a choice of power providers and with the benefits described above, the City of Burlingame City Council ordains that it shall implement a community choice aggregation program within its jurisdiction by participating as a group with the County of San Mateo and other cities and towns as described above in the Community Choice Aggregation program of the Peninsula Clean Energy Authority, as generally described in the Joint Powers Agreement. SECTION 3. This Ordinance shall be in full force and effective 30 days after its adoption, and shall be published and posted as required by law. ______________________ Ann Keighran, Mayor I, Meaghan Hassel-Shearer, City Clerk of the City of Burlingame, do hereby certify that the foregoing Ordinance was introduced at a public hearing that occurred at a regular meeting of the City Council held on the 19th day of January, 2016, and adopted thereafter at a regular meeting of the City Council held on the ____ day of ______________, by the following vote: AYES: Councilmembers: NOES: Councilmembers: ABSENT: Councilmembers: ___________________________ _ Meaghan Hassel-Shearer, City Clerk Dated: ____________________ COUNTY OF SAN MATEO ATTEST: ________________________________ APPROVED AS TO FORM: _________________________________ County Counsel 1 STAFF REPORT AGENDA NO: MEETING DATE: February 1, 2016 To: Honorable Mayor and City Council Date: February 1, 2016 From: Carol Augustine, Finance Director – (650) 558-7222 Subject: Approval of Annual Report on the Status of Impact Fees Collected as of June 30, 2015, Pursuant to the Mitigation Fee Act, Government Code Section 66000 et seq. RECOMMENDATION Staff recommends that the City Council approve this annual report of the status of the Public Facilities Impact Fees, North Burlingame and Rollins Road Fees, Bayfront Development Fees and Burlingame Avenue Parking In-Lieu Fees collected by the City, and make the following findings in regards to these fees and unexpended funds: • Public Facilities Impact Fees, North Burlingame and Rollins Road Fees, Bayfront Development Fees and Burlingame Avenue Parking In-Lieu Fees are collected to mitigate direct and indirect impacts from development. • These funds are expended in a timely manner to fund continued improvements to public facilities related to the increased demand on the facilities resulting from development. • There is a reasonable relationship between these impact fees and their purpose. • These impact fees continue to be required to fund applicable improvements, and as such, these fees will continue to be collected and deposited into the appropriate fund for utilization solely for their intended purpose. In addition, in regards to fees that are collected and remain unexpended for the fifth year following the deposit of the fee, staff recommends these additional findings be made: • There is approximately $123,000 in the North Burlingame and Rollins Road Fees that were deposited over five years ago. Projects identified when the fee was established are estimated to cost over $2.2 million, and the collected fees are inadequate for undertaking the identified projects in the North Burlingame and Rollins Road Plan. These outstanding fees, as well as development fees collected in the future, will be accumulated in the North Burlingame & Rollins Road Special Revenue Fund to support these significant projects as the funds become available in sufficient amounts. • Fees of $1,660 have resided in the Bayfront Development Fee Fund for over five years as of June 30, 2015. This balance, as well as interest and fees collected since that time, will be used to reimburse the CIP Fund for ADA sidewalk improvements along the Bayfront area, a project currently under design. Development Impact Fees Annual Report February 1, 2016 2 • Funds collected as Burlingame Avenue Parking In-Lieu Fees prior to fiscal year 2010-11, as well as subsequent parking in-lieu fee revenue, will be used for the purpose of paying the cost (or a portion of the cost) of constructing additional parking facilities in the Downtown parking district, which generally encompasses the Burlingame Downtown Specific Plan Area. BACKGROUND Cities and counties often charge fees on new development to fund public improvements, public amenities and public services. For example, transportation mitigation fees are used to fund transit facilities, streets, bike lanes and sidewalks. These fees are commonly known as development impact fees. In 1989, the State Legislature passed Assembly Bill 1600 (AB1600), which added Sections 66000 et seq. to the California Government Code, commonly known as the Mitigation Fee Act. The Mitigation Fee Act sets forth a number of requirements that local agencies must follow if they are to collect and retain fees from developers to defray the cost of the construction of public facilities related to development projects. 1. In establishing, increasing or imposing a fee, the local agency must make certain determinations regarding the purpose and use of the fees and to establish a “nexus” or connection between a development project or class of project and the public improvement being financed with the fee. 2. The fee revenue must be segregated from the General Fund in order to avoid commingling of public improvement fees and the General Fund. 3. For the fifth year following the first deposit of a fee and every five years thereafter, the local agency shall make the following findings with respect to that portion of the account or fund remaining unexpended, whether committed or uncommitted: a. Identify the purpose to which the fee is to be used; b. Demonstrate a reasonable relationship between the fee and the purpose for which it is charged; c. Identify all sources and amounts of funding anticipated to complete financing of incomplete improvements; and d. Designate approximate dates on which the funding identified in (c) is expected to be deposited into the appropriate account or fund. These findings need only be made for money in possession of the local agency. The Public Facilities Impact Fees, North Burlingame and Rollins Road Fees, Bayfront Development Fees and Burlingame Avenue Parking In-Lieu Fees collected by the City of Burlingame qualify as development impact fees and, therefore, must comply with the Mitigation Fee Act. As required by law, these fees are segregated and accounted for as Special Revenue Funds. Government Code Section 66006 requires the City to make available to the public the following information regarding development impact fees for each fund: • A brief description of the type of fee in the account or fund; • The amount of the fee; • The beginning and ending balance of the account or fund; • The amount of the fees collected and the interest earned; Development Impact Fees Annual Report February 1, 2016 3 • An identification of each public improvement on which the fees were expended and the amount of the expenditure on each improvement, including the total percentage of the cost of the public improvement that was funded with the fees; • An identification of the approximate date by which the construction of the public improvement will commence if the local agency determined that sufficient funds have been collected to complete financing on an incomplete public improvement and the public improvement remains incomplete; and • A description of each inter-fund transfer or loan made from an account or fund in accordance with the Mitigation Fee Act. This report meets the requirements to comply with the Mitigation Fee Act. It also complies with the requirement that certain findings be made every five years specifying the intended use of any unexpended impact fees, regardless of whether the fees are committed or uncommitted. DISCUSSION Public Facilities Impact Fees The Public Facilities Impact Fee, which commenced in November 2008, is a general category of fees based on the uses, number of dwelling units, and amount of square footage to be located on the property after completion of a development project. The fees are committed to public improvements, public services, and community amenities affected by new development. The purpose of the fee is established upon approval of a permit for construction or reconstruction, and is intended for improvement in one or more of seven categories. The fee for each of the seven categories was set upon adoption of the fees in 2008 and remains as shown below: The following table summarizes the activities associated with Public Facilities Impact Fees from fiscal year 2010-11 through the fiscal year ended June 30, 2015: Development Impact Fees Annual Report February 1, 2016 4 Note that the first Public Facilities Impact Fees were collected in fiscal year 2010-11, and applied immediately to capital improvement project expenditures in that same year. Of the total $1.8 million transferred to the City’s CIP (Capital Improvement Projects) Fund in fiscal year 2010-11, $650,000 funded Public Facilities projects. Expenditures in fiscal year 2010-11 were largely related to streets and traffic projects; in fiscal year 2014-15, the Public Facilities Impact Fees helped to fund ADA and parking lot improvements associated with the Library Millennium Project. The balance of Public Facilities Impact Fees as of June 30, 2015, reside in the facility categories as shown below: North Burlingame/Rollins Road Development Fee: Properties lying within the geographical boundaries of the study area for the “North Burlingame/Rollins Road Specific Plan”, adopted in 2004, are subject to payment of a specific development impact fee applicable only to that study area at the time the property is developed or redeveloped. One-half of the fee is payable before issuance of a building permit, and the balance is payable when a certificate of occupancy is requested. Ordinance No. 1751 (2005) provides for annual adjustment of the fee based on the construction cost index published in the Engineering News Record (ENR) as of July 1st of each year. Currently, the fees are as follows: Public Facilities Impact Fees 2010-11 2011-12 2012-13 2013-14 2014-15 Beginning Balance $0 $0 $0 $0 $126,559 Developer Fees 73,057 749 0 129,634 24,505 Interest Income (Expense)0 0 0 3,120 826 Expenditures (73,057)(749)0 (6,195)(34,311) Encumbrances - Current Year 0 0 0 0 0 Ending Balance $0 $0 $0 $126,559 $117,579 Public Facilities Impact Fees Balance at June 15, 2015 General Facilities $42,715 Library 3,656 Police 13,255 Parks & Recreation 9,246 Streets & Traffic 13,204 Fire 25,557 Storm Drain 9,946 Ending Balance $117,579 Development Impact Fees Annual Report February 1, 2016 5 Funds collected are to be used to pay the cost of improvements to the City’s infrastructure in the area, including: sanitary sewers, water, storm drains, and streetscape. The following table captures the activities associated with the North Burlingame/Rollins Road Development Impact Fees from fiscal year 2010-11 through the fiscal year ended June 30, 2015: As the expenditure of these funds did not begin until fiscal year 2011-12, it is apparent that, of the $342,152 balance as of June 30, 2015, approximately $123,000 (the fiscal year 2009-10 ending balance less expenditures in the most recent five years) is attributable to fees collected more than five years ago. Projects identified when the fee was established, including medians and a linear park along El Camino Real at Trousdale, Adrian Road landscaping, and a City gateway at Rollins Road, are estimated to cost over $2.2 million. (Expenditures in fiscal years 2011-12 and 2012-13 relate to the El Camino Real Medians project.) Therefore, staff recommends that the Council make the finding that fees collected in the future be accumulated in the North Burlingame & Rollins Road Special Revenue Fund to support these significant projects as the funds become available in sufficient amounts. Bayfront Development Fees Similar to the North Burlingame/Rollins Road Development Fee, this fee (adopted by ordinance in 1979), applies only to properties lying within the geographic boundaries of the study area for the Burlingame Bayfront Specific Plan. Per the ordinance, the fees collected are to be used to pay for “future construction, improvement, and enlargement of major arterials and traffic control devices for the primary purpose of carrying through traffic and providing a network of roads within the Bayfront area on the east side of US 101.” Ordinance No. 1739 (2004) provides for annual North Burlingame & Rollins Road Development Fee Rollins Road Area of Benefit El Camino North Area of Benefit Multiple family dwelling or duplex Any use other than multiple family dwelling or duplex $0.54 per square foot of building $0.70 per square foot of building $0.54 per square foot of building North Burlingame & Rollins Road 2010-11 2011-12 2012-13 2013-14 2014-15 Beginning Balance $218,641 $375,794 $386,968 $298,064 $324,318 Developer Fees 157,153 14,686 0 23,579 15,431 Interest Income (Expense)0 4,002 (434)2,675 2,404 Expenditures 0 (7,514)(88,470)0 0 Encumbrances - Current Year 0 0 0 0 0 Ending Balance $375,794 $386,968 $298,064 $324,318 $342,152 Development Impact Fees Annual Report February 1, 2016 6 adjustment of the fee based on the construction cost index published in the Engineering News Record (ENR) as of July 1st of each year. Currently, the fees are as follows: The following table summarizes the activity for the Bayfront Development Fee Fund from fiscal year 2010-11 through June 30, 2015. Note that the fund had a zero beginning balance as of the start of the fiscal year 2009-10. The balance of fees collected prior to June 30, 2009 (approximately $78,000) was transferred to the General Fund to reimburse the General Fund for the Anza Overpass. Although this project was identified in the Bayfront Development Fee project when the fee was first established, there was insufficient funding to draw on when the project construction was complete. Fees collected since that time will be used to reimburse the CIP Fund for ADA sidewalk improvements along the Bayfront area. This $200,000 project is currently under design. Burlingame Avenue Parking In-Lieu Fees: Resolution 48-2000, adopted by the City Council on April 17, 2000, established a policy regarding in-lieu parking fees within the Burlingame Avenue Commercial District in connection with Planning Commission applications. The in-lieu fee can be imposed as mitigation for granting of a parking variance when the available on-site parking is not adequate for the number of spaces required to accommodate a proposed use. The fee was established at a rate that would cover the cost of building a space in a decked structure on a City parking lot. The fee is updated annually based on the Consumer Price Index, and is currently $47,740.75 per parking space. The following table summarizes the activity for the Burlingame Avenue In-lieu Parking Fees from fiscal year 2010-11 through June 30, 2015. Bayfront Development Fee Office Restaurant Hotel Hotel, Extended Stay Office, Warehouse, Manufacturing Retail – Commercial Car Rental Commercial Recreation All Other $2,536.00/TSF $10,209.00/TSF $831.00/room $807.00/room $3,834.00/TSF $9,333.00/TSF $59,232.00/acre $18,382.00/acre $1,911.00 per p.m. peak hour trip as detailed by traffic study Bayfront Development 2010-11 2011-12 2012-13 2013-14 2014-15 Beginning Balance $1,660 $1,660 $1,706 $1,699 $1,740 Developer Fees 0 0 0 0 0 Interest Income (Expense)0 46 (7)41 34 Expenditures 0 0 0 0 0 Encumbrances - Current Year 0 0 0 0 0 Ending Balance $1,660 $1,706 $1,699 $1,740 $1,774 Development Impact Fees Annual Report February 1, 2016 7 Burlingame Avenue Parking In-Lieu Fees were first collected in fiscal year 2008-09. Fees collected on one of the projects were refunded because the project that triggered the need to pay the fee was not built. Since the balance of $212,285 as of June 30, 2010 fund was not expended in fiscal year 2015-16, staff recommends that the Council again make a finding that additional parking accommodations are necessary for the benefit of the Burlingame Avenue area, and that funds collected as Burlingame Avenue Parking In-Lieu Fees will be used for the purpose of paying the cost of designing and constructing a parking facility of some kind in the future. Although additional parking accommodations in this area have long been recognized as an unfunded need for the City, these findings are necessary to allow the continued accumulation of these in-lieu fees for eventual construction of this type of project. FISCAL IMPACT Compilation of this report has no impact on City resources, as all impact fees held by the City for over five years have either been spent or are committed to specific purposes per appropriate findings made by the City Council. If findings associated with funds held for a period of over five years are not made, the City must refund the fees to the developers from which they were received. Exhibit: • Resolution of Findings related to the City’s Development Impact Fees Burlingame Avenue Parking in Lieu 2010-11 2011-12 2012-13 2013-14 2014-15 Beginning Balance $212,285 $212,285 $215,089 $214,659 $257,539 Developer Fees 0 0 0 39,873 0 Interest Income (Expense)0 2,804 (430)3,007 1,836 Expenditures 0 0 0 0 0 Encumbrances - Current Year 0 0 0 0 0 Ending Balance $212,285 $215,089 $214,659 $257,539 $259,375 2 RESOLUTION NO. _____ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME ADOPTING FINDINGS AS REQUIRED UNDER GOVERNMENT CODE SECTION 66001, REAFFIRMING THE NECESSITY OF DEVELOPMENT IMPACT FEES WHEREAS, pursuant to California Government Code Section 66001, the City of Burlingame is required to make certain findings every five years with respect to the unexpended fund balance of certain development impact fees; and WHEREAS, the City’s first annual report of development impact fees reflects the balance in each development impact fee fund or account, accrued interest in said fund or account and the amount of expenditure by public project for the fiscal year ended June 30, 2015; and NOW, THEREFORE the City Council of the City of Burlingame does hereby resolve, determine and find as follows: Section 1. That the recitations above are true and correct. Section 2. That the following findings are made as required under the Government Code Section 66001: A. The purpose to which each development impact fee is to be put has been identified. B. The funds are expended in a timely manner to fund continued improvements to public facilities related to the increased demand on the facilities resulting from development C. There is a reasonable relationship between the fee and impacts for development for which the fees are collected. D. The fees continue to be required to fund applicable improvements, and as such, these fees will continue to be collected and deposited into the appropriate fund for utilization solely for their intended purpose. Section 3. That the following findings are made as required under the Government Code Section 66001 for fees held by the City for a period of five years or more: A. Outstanding fees in the North Burlingame and Rollins Road Plan, as well as these development fees collected in the future, will be accumulated in the North Burlingame & Rollins Road special revenue fund to support the significant public projects identified when the fee was established. B. Outstanding fees in the Bayfront Development fee Fund will be used to reimburse the Capital Projects Fund for ADA sidewalk improvements along the Bayfront area, a project currently in design. C. Funds collected as Burlingame Avenue Parking In-Lieu fees prior to fiscal year 2010-11, as well as subsequent parking in-lieu fee revenue, will be used for the purpose of paying the cost (or a portion of the cost) of constructing additional parking facilities in the Downtown parking district, which generally encompasses the Burlingame Downtown Specific Plan Area. 2 _____________________________ Ann Keighran, Mayor I, Meaghan 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 on the 1st day of February 1, 2016, and was adopted thereafter by the following vote: AYES: NOES: ABSENT: Councilmembers: Councilmembers: Councilmembers: _____________________________ Meaghan Hassel-Shearer, City Clerk 1 STAFF REPORT AGENDA NO: MEETING DATE: February 1, 2016 To: Honorable Mayor and City Council Date: February 1, 2016 From: Leslie Loomis, Human Resources Director – (650) 558-7209 Subject: Adoption of a Resolution Approving Changes to the Compensation and Benefit Plan for the City of Burlingame Department Head and Unrepresented Classifications, and Authorizing the City Manager to Execute the Plan on Behalf of the City RECOMMENDATION Staff recommends that the Council adopt the attached resolution authorizing the City Manager to modify the Compensation and Benefit Plan for the City of Burlingame Department Head and Unrepresented Classifications. The revised Plan is attached to this report. BACKGROUND In the past, the City has tried to maintain equity with salary and benefit changes among the miscellaneous employee groups. Effective July 1, 2015, the City and AFSCME Local 2190 and 829 entered into three-year contracts with the City that included 3% salary increases effective July 1, 2015, July 1, 2016, and July 1, 2017, and enhancements to the dental and vision reimbursement programs. On January 19, 2016, staff met with the City Council in a study session to discuss extending the salary and benefit changes to the Department Heads and Unrepresented employees. DISCUSSION The attached Compensation and Benefit Plan for the City of Burlingame Department Head and Unrepresented Classifications includes the following changes: Term: 3 years; new term is January 1, 2016 through December 31, 2018 Salary: 3% increase retroactive to the first pay period in January 1, 2016 3% increase effective the first pay period in January 2017 3% increase effective the first pay period in January 2018 Medical: No change to the medical plan contributions and/or language Dental: Increase in the maximum reimbursement for employees to $1900.00 per year from $1700.00, with no increase to the dependent reimbursement amount. Department Head & Unrepresented Employees Compensation/Benefit Plan February 1, 2016 2 Vision: Increase in the maximum reimbursement for employees to $700.00 per year if an eye examination is included, $600 per year without an eye examination. Increase in the maximum cumulative reimbursement for dependents to $300.00 per year without an exam and $350.00 per year with an exam. Administrative Leave: Provide the City Manager with the ability to increase administrative leave, when warranted, from 80 hours to 120 hours per year for Department Heads and from 60 hours to 76 hours for the Human Resources Analyst II, in keeping with a similar provision in the Mid Managers (BAMM) contract. FISCAL IMPACT Based on the above recommended increases, the cost of a 3% salary increase effective January 1, 2016, including roll-up costs, is approximately $58,0000; the cost of a 3% salary increase effective January 1, 2017, including roll-up costs, is approximately $60,000; and the cost of a 3% salary increase effective January 1, 2018, including roll-up costs, is approximately $63,000. The maximum financial impact for increasing the dental and vision reimbursement plans is $4420 per year. The 2015/2016 budget contains sufficient funds to cover the recommended increases. EXHIBITS • Resolution • Compensation and Benefit Plan for the City of Burlingame Department Head and Unrepresented Classifications RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME APPROVING CHANGES TO THE COMPENSATION AND BENEFIT PLAN FOR THE CITY OF BURLINGAME DEPARTMENT HEAD AND UNREPRESENTED CLASSIFICATIONS, AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE PLAN ON BEHALF OF THE CITY RESOLVED, by the City Council of the City of Burlingame: WHEREAS, the City of Burlingame and the Department Heads and Unrepresented Employees have met to discuss terms and conditions of employment; and WHEREAS, the City has tried over time to maintain equity with salary and benefit changes among the miscellaneous groups; and WHEREAS, the AFSCME Units entered into three-year contracts with the City effective July 2015 which included 3% salary increases each year of the contract and enhancements to the dental and vision reimbursement plans; and WHEREAS, staff recommends the Department Head and Unrepresented Employees receive the same adjustments as the AFSCME employees; and WHEREAS, staff also recommends the City Manager’s existing authority to increase administrative leave pay for BAMM employees, when warranted, be expanded to include Department Heads and certain Unrepresented classifications; and WHEREAS, staff recommends that the City Council authorize a three- year term contract to include a 3% salary increase retroactive to the first pay period in January 2016, a 3% salary increase effective the first pay period in January 2017, and a 3% salary increase effective the first pay period in January 2018, and that the dental and vision reimbursement plans be increased to match those in the AFSCME contracts. NOW, THEREFORE, BE IT RESOLVED, 1. The salary and benefit changes described above for the employees listed in the Compensation & Benefit Plan for the City of Burlingame Department Head & Unrepresented Classifications hereto are approved. 2. The City Manager is authorized and directed to execute the Compensation & Benefit Plan for the City of Burlingame Department Head and Unrepresented Classifications. ____________________________ Ann Keighran, 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 1st day of February, 2016, and was adopted thereafter by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ____________________________ Meaghan Hassel-Shearer, City Clerk COMPENSATION AND BENEFIT PLAN FOR THE CITY OF BURLINGAME DEPARTMENT HEAD AND UNREPRESENTED CLASSIFICATIONS January 1, 2016-December 31, 2018 2 This Compensation and Benefit Plan covers the City of Burlingame (City) Department Head and Unrepresented Group (DH/UR). The parties have entered into this agreement after meeting and agree to the following terms: 1. RECOGNITION 1.1 Positions Covered The positions covered by this agreement include all Department Head and Unrepresented classifications that work under the direction and at the will of the City Manager. These positions are all "confidential" classifications based on the nature of their work. The classifications that are covered by this compensation and benefit plan are as follows: Department Head Classifications: City Clerk Community Development Director Finance Director Human Resources Director Library Director Parks & Recreation Director Police Chief Public Works Director Unrepresented Classifications: Executive Assistant Human Resources Assistant Human Resources Analyst II The City Manager and City Attorney are not included as part of this agreement, but receive the same benefits plan as the City of Burlingame Department Head and Unrepresented Group (DH/UR) unless specifically noted in their employment agreements. 2. SALARY 2.1 Salary Adjustments In order to maintain consistency with the other miscellaneous employee units, Department Heads and Unrepresented employees will receive a general increase equal to what AFSCME receives:  3% increase effective first pay period in January 1, 2016  3% increase effective first pay period in January 1, 2017  3% increase effective first pay period in January 1, 2018 2.2 Deferred Compensation The City will maintain a matching contribution to deferred compensation of $45 per bi-weekly pay period. Deferred compensation is part of the total salary and will be included as such for future salary market analysis. 3 3. BENEFITS 3.1 Health Insurance Coverage 3.1.1 No Plan Employees who demonstrate they have medical insurance through another source will receive $350 per month in lieu of health insurance. The $350 per month allowance may be put into a deferred compensation plan or taken in cash. If taken in cash, it is subject to normal taxation. 3.1.2 Contributions for Department Head and Unrepresented Classifications The City shall contribute the below-listed amount per month toward each employee’s Section 125 Plan benefit allowance components. All contributions listed below include the PERS required Minimum Employer Contribution (MEC). • Employee Only: 92.5% of the selected medical plan premium up to a maximum of 92.5% of the Blue Shield HMO rate for Employee only • Employee plus one: 92.5% of the selected medical plan premium up to a maximum of 92.5% of the Blue Shield HMO rate for Employee plus one • Employee plus two or more: 92.5% of the selected medical plan premium up to a maximum of 92.5% of the Blue Shield HMO rate for family coverage An employee who enrolls in a medical plan that has a higher premium than the City's contribution as stated above will pay the difference via pre-tax payroll deductions. 3.2 Retiree Medical 3.2.1 Retiree Medical for Employees Hired Prior to March 31, 2008 and Who Retire on or after January 1, 2015 Effective January 1, 2015, employees hired prior to March 31, 2008 who retire on or after January 1, 2015 with a minimum of five (5) years of City service will receive a retiree medical benefit as follows: • The City will contribute up to the Bay Area Region premiums for Blue Shield Access HMO Single for single retirees, Blue Shield Two-Party for retiree plus one, or Kaiser Family for retiree plus two or more. • Eligible retirees who are 65 years of age or older must enroll in Medicare. The City will contribute up to the Medicare supplement plan premium for the Bay Area Region for Blue Shield Access HMO for single retirees, Blue Shield Two-Party for retiree plus one, or Kaiser for retiree plus two or more. 3.2.2 Retiree Medical for Employees Hired Between March 31, 2008 and October 31, 2011 Employees hired between March 31, 2008 and October 31, 2011 who retire with a minimum of five (5) years of service with the City will receive a retiree medical benefit based upon years of service as follows: 4 Years of City Service Monthly Contribution 0 to the end of 9th year of service Minimum monthly amount as governed by the CalPERS Health System. 10 years to the end of the 14th year of service 100% of the lowest medical premium provided through CalPERS approved medical providers for employee only. 15 years to the end of the 19th year of service 75% of the lowest medical premium provided through CalPERS approved medical providers for employee +1 dependent. 20 years of service or more 100% of the lowest medical premium provided through CalPERS approved medical providers for employee +1 dependent. 3.2.3 Retiree Medical for Employees Hired On or After November 1, 2011 Employees hired on or after November 1, 2011 will receive the following contributions to a Retirement Health Savings Account, based on years of service with the City. Years of Service Monthly Contribution 0- to the end of the 5th year of service 0.0% 6 years of service to the end of the 19th year of service 2.0% of base pay 20 years of service or more 2.5% of base pay In the event that the BAMM and/or the American Federation of State, County and Municipal Employees (AFSCME) units receive higher benefit levels than those offered to the members covered by this compensation and benefit plan, the members can request that the compensation and benefit plan be reopened relative to retiree medical benefits. 3.3 Dental and Vision Plans 3.3.1 Dental Plan Effective January 1, 2016 and each calendar year thereafter, the City will reimburse up to $1900 per year per employee for dental related expenses. In addition, all enrolled eligible dependents will receive a maximum combined benefit of $1800 of reimbursable dental expenses per calendar year. 3.3.2 Vision Plan Effective January 1, 2016 and each calendar year thereafter, the maximum reimbursement for an employee for vision eligible expenses will be $600 annually not including an eye examination. If an eye examination is included in the claimed amount, the maximum reimbursement will be increased to $700. The maximum cumulative reimbursement for eligible dependents shall not exceed $300 per calendar year or $350 per calendar year if an eye examination is included for reimbursement, for vision eligible expenses. 3.4 Long Term Disability (LTD) The City agrees to provide Long-Term Disability (LTD) coverage to Department Heads and Unrepresented classifications. The coverage is 60% of covered earnings with a maximum monthly benefit of $8,000. If the Police Chief elects to obtain LTD coverage through his or her professional organizations, the City agrees to pay the premium of such LTD coverage. 3.5 Life Insurance 5 The City agrees to provide a term life-insurance policy in an amount equal to annual salary for the Department Head group, and $100,000 for the Unrepresented group. 4. RETIREMENT 4.1.1 Retirement Formula • Effective 03/31/2008, the City amended its contract with CalPERS to provide for the 2.5% at 55 retirement formula for all miscellaneous employees. • Miscellaneous employees hired after January 1, 2013, who are not considered “classic employees,” shall receive the 2% @ 62 retirement benefit and are subject to the Public Employees’ Pension Reform Act (PEPRA) rules. • The Police Chief shall receive the 3% @ 50 retirement benefit afforded to other sworn Police Personnel. A Police Chief who is new to the PERS system shall receive the 2% @ 57 retirement benefit. 4.1.2 Retirement Contribution Department Head and Unrepresented employees will contribute 1.50% of the employer’s contribution to PERS retirement via payroll deduction on a pre-tax basis. The City shall “pick- up” the employer contribution amount that is being paid by the employees through a payroll reduction under IRS Code Section 414(h)(2). Department Head and Unrepresented employees hired 01/01/2013 and after and who are subject to the PEPRA rules are exempt from this contribution. 4.2 One-Year Final Compensation Effective 01/01/02, the City amended its contract with CalPERS to provide for the One-Year Final Compensation Benefit (GC Section 20042). Miscellaneous employees hired after January 1, 2013 who are not “classic employees” under PEPRA are subject to the average of the last three (3) years of final compensation for retirement calculations. 4.3 Military Buy Back for Creditable Service Effective 01/01/02, the City amended its contract with CalPERS to provide for Military Service Credit (GC 21024). 4.4 Pre-Retirement Optional Settlement 2 Death Benefit Effective 04/30/07, the City amended its contract with CalPERS to provide the Pre-Retirement Optional Settlement 2 Death Benefit (GC 21548). This contract option provides for the surviving spouse of a retirement-eligible active employee to receive the highest possible retirement benefit as though the employee had retired the day before death and selected such option. 6 5. VACATION 5.1 Vacation Accrual Vacation Accrual rates will change on an employee’s anniversary date as follows: Biweekly Additive Maximum Length of Service Accrual Rate Amount Accrual 0-4 years 3.07 160 5 4.62 +40 240 11 4.93 +8 256 12 5.24 +8 272 13 5.54 +8 288 14 5.85 +8 304 15 6.16 +8 320 16 6.47 +8 336 17 6.78 +8 352 18 7.09 +8 368 25 7.39 +8 384 Note: The maximum vacation accrual for the Police Chief is 448 hours. 5.2 Vacation Accrual Maximum An employee shall not be allowed to have an accumulation of more than two (2) years' credit at any time. 6. SICK LEAVE 6.1 Sick Leave Accrual Employees will accrue 3.69 hours of sick leave per pay period. 6.2 Sick Leave Conversion Upon retirement, employees will have all sick leave hours converted to CalPERS creditable service per GC Section 20965, with the exception of the Police Chief, who will receive the same sick leave conversion benefit as granted to the Police Administrators. The Police Administrators can elect to have all sick leave hours converted to CalPERS creditable service, or they can elect to be compensated for up to 600 hours of accumulated sick leave. Any remaining sick leave hours can then be converted to CalPERS creditable service. 6.3 Maximum Accrual The maximum sick leave accrual is 2,000 hours, except that the maximum accrual for the Police Chief is 2,080 hours. 7. ADMINISTRATIVE LEAVE 7.1. Department Head Classifications Effective July 1 of each year, all Department Head classifications shall be granted 80 hours of administrative leave per year. The City Manager may approve up to an additional 40 hours of administrative leave for Department Heads when warranted. 7 7.2. Unrepresented Classifications Effective July 1 of each year, the Human Resources Analyst II shall be granted 60 hours of administrative leave per year. The City Manager may approve up to an additional 16 hours of administrative leave when warranted. Other Unrepresented classifications covered by the compensation and benefit plan are considered FLSA non-exempt positions and are not eligible for administrative leave. 7.3 Proration and Payout The amount of administrative leave granted shall be prorated based upon the date of hire. A maximum of 80 hours of administrative leave can be paid out in a fiscal year for Department Head positions, and a maximum of 60 hours of administrative leave can be paid out in a fiscal year for the Human Resources Analyst II position. The payout can occur in the first pay period of December and/or the last pay period of June. An employee shall not be allowed to have an accumulation of more than two (2) times the annual accrual. In the event of separation, administrative leave payout will be prorated based upon the effective date of separation. 8. PROFESSIONAL DEVELOPMENT & ALLOWANCES 8.1. Professional Development Department Head classifications are eligible to receive up to $2,500 per fiscal year for professional development expenses. This includes reimbursement for educational programs and events and/or computer-related devices. For details, refer to the Professional Development Policy. 8.2 Auto Allowance Department Head classifications are eligible to receive auto allowance as enumerated below. Department Heads can elect to waive their monthly auto allowance and defer an equivalent amount into their Section 457 – Deferred Compensation Account. Such elections can be changed annually with an effective date of January 1. Classification Monthly Amount Finance Director $200 City Clerk $200 Community Development Director $200 Human Resources Director $200 City Librarian $200 Parks & Recreation Director $350 Public Works Director $350 8.3. Uniform Allowance The Police Chief will receive an annual uniform allowance the same as granted to the Association of Police Administrators. 8 8.4 POST Certificate Pay The Police Chief shall be eligible to receive a payment of $950/month upon obtaining the POST Executive Certificate. 9. TERM This agreement shall be effective on January 1, 2016 and will remain in effect through December 31, 2018. The City agrees not to alter, amend, or reduce any existing benefit included in this document without first meeting and conferring regarding such change. For the City: For the DH/UR: _________________________________ ___________________________ Date:_____________________________ Date:________________________