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HomeMy WebLinkAboutAgenda Packet - CC - 2018.04.16City of Burlingame Meeting Agenda - Final City Council BURLINGAME CITY HALL 501 PRIMROSE ROAD BURLINGAME, CA 94010 Monday, April 16, 2018 7:00 PM Council Chambers a. b. c. d. CLOSED SESSION - 6:00 p.m. - Conference Room A Approval of the Closed Session Aqenda Closed Session Communitv Forum: ftllembers of the Public Mav Address the Council on anv ltem on the Closed Session Aqenda at this Time Adiournment into Closed Session Conference with Leqal Counsel. Existinq Litioation. One Case:(Government Code Section 54956.9) Name of Case: Clack v. Citv of Burlinqame (San Mateo Sup. Ct. 17C1V03091) Note: Public comment is permitted on all action ifems 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 itto staff, atthough the provision of a name, address or other identifying information is optional. Speakers are limited to three minutes each; the Mayor may adjustthe 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 City ot Builingame Page 1 Printed on 4/142M8 a. b. City Council Meeting Agenda - Final Apri! 16, 2018 7. PUBLIC COMMENTS, NON.AGENDA Members of the public may speak about any item not on the agenda. Members of the public wishing to suggesf an item for a future Council agenda may do so during this public comment period. The Ralph M. Brown Act (the State local agency open meeting law) prohibits the City Council from acting on any matter that is not on the agenda. 8. APPROVAL OF CONSENT CALENDAR Consent calendar items are usually approved in a single motion, unless pulled for separate dlscusslon. Any member of the pubtic wishing to comment on an item listed here may do so by submitting a speaker slip for that item in advance of the Council's consideration of the consent calendar. Adoption of Citv Council Meetino Minutes April 2. 2018 Attachments: Meetinq Minutes Adootion of a Resolution Awardinq a Contract to Universal Buildinq Services for Janitorial Services Attachments: Staff Reoort Resolution Janitorial Services Contract Adoption of a Resolution Acceptino the South Rollins Road Utilitv lmprovement Proiect bv Cratus lnc.. Citv Proiect No. 83520 Attachments: Staff Reoort Resolution Final Prooress Pavment Proiect Location tVlaP Adoption of a Resolution Awardino a Construction Contract to Granite Rock Companv for the El Portal and Trousdale Channel Rehabilitation, Phase 2 Proiect - Citv Proiect No. 83230 Attachmenls: staff Report Resolution Bid Summary Proiect Location Map e.Adootion of a Resolution Authorizino the Mavor to Send a Letter of Opposition Reqardinq AB 1912. Public Emplovees'Retirement: Joint Powers Aqreements: Liabilitv Attachmenls: Staff RePort Resolution Draft Letter Bill Text c d CiU of Burlingame Page 2 Printed on 4/12/2018 City Council April 16, 2018 atlachmenrs: Staff Reoort Februarv 10. 2018 Meetino Summarv Februarv 10.2018 meetinq "Word Cloud" ADril 2 2018 Lleeti F b. Housino Element Annual P rooress Reoort (APR ) on the lmplementat ion of the Housinq Element of the General Plan Attachmenls: Staff Reoort Annual Prooress Reoort - TABLES A and B ECP Residential Apolications Overview - ADril 2018 n o Adootion of a Resolution ODDosino Reoardi o SB 827 (Wiene r) - Plannino a Zoninqc TransilRi ch Housino Bonu and Authorizino the Mavor to d a Letter Con inq the Citv's Position Attachnents: Atlachfients: Staff Reoort Resolution Draft Letter APA California Chapter Notice of OoDosition BillText Adoption of a Resolution horizino a Fina al Contribution to the Citizens of San Mateo Countv Gun Buvback Prooram attachtuents: staff Reoort Resolution I{. COUNCIL COMMITTEE AND ACTIVITIES REPORTS AND ANNOUNCEMENTS Councilmembers repoft on committees and activities and make announcements CityotBudingane Paqe 3 Pintect on 4/12n018 Meeting Agenda - Final 9. PUBLIC HEARINGS (Public Comment) 10. STAFF REPORTS AND COMMUNICATIONS (Public Comment) a. Uodate Reoardinq Home for All Communitv Enoaqement Pilot Proqram d. Discussion of Skvline Park Staff Report Parks Site Plan. AerlalView, Aoril 2. 2018 Parks Site Plan. Street View. ADril 2. 2018 Proiect Costs. June 15. 2017 e. City council Meeting Agenda - Final April 16, 2018 a b. I2. FUTURE AGENDA ITEMS 13. ACKNOWLEDGMENTS The agendas, packets, and meeting minutes for the Planning Commission, Traftic, Safety & Parking Commission, Beautification Commission, Parks & Recreation Commission and Library Board of Trustees are available online at vv\,(w.burlingame.org. I4. ADJOURNMENT Notice: Any atlendees wishing accommodations for disabilities please contact the City Clerk al (650)558-7203 at least 24 hours before the meeting. A copy of the Agenda Packet is available fot public review at the City Clerk's office, City Ha , 501 Pimrose 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 s,te. NEXT Clry COUNGIL MEETING - Next regular City Council Meeting - Monday, l,lay 7 ,z01A VIEW REGULAR COUNCIL MEETING ONLINE AT www.burlingame.org/video Any writings or documents provided to a majoity of the City Council regarding any item on this agenda will be made available for public inspection at the Water Office counter at City Ha at 501 Primrose Road during normal busmess hours. Ciry of Bu insane Printed on 412/2018 Vice Mavor Colson's Committee Reoort Allachments: Committee Reoort Councilmember Beach's Committee Reoort Attachments: Committee Report Agenda Item 8a Meeting Datel. 4/L6/t8 BURLINGAME CITY COUNCIL Unapproved Minutes Regular Meeting on April2,2018 1. CALL TO ORDER A duly noticed regular meeting of the Burlingame City Council was held on the above date in the City Hall Council Chambers. 2. PLEDGE OFALLEG CE TO THE FLAG The pledge of allegiance was led by Charles Yoltz 3. ROLL CALL MEMBERS PRESENT: Beach, Brownrigg, Colson, Keighran, Ortiz MEMBERS ABSENT: None 4. CLOSED SESSION a. CONFERENCE WITII REAL PROPERTY NEGOTIATORS: (GOVERNMENT CODE SECTION 54956.8) PROPERTY: 1200 OLD BAYSHORE HIGHWAY. BURLINGAME. APN NO.026-142-130 AGENCY NEGOTIATORS: SYED MURTUZA" CAROL AUGUSTINE. LISA GOLDMAN, MAZARIN VAKHARIA NEGO COUNTY TRANSIT AUTHORITY CITY OF BURLINGAME UNDER NEGOTIATION: PRICE AND TERMS Assistant City Attomey Vakharia stated that direction was given but no reportable action was taken. 5. UPCOMING EVENTS Mayor Brownrigg reviewed the upcoming events taking place in the City. 6. PRESENTATIONS ^. PROCLAMATION HONORING CHARLES VOLTZ 1 Burlingame City Council Unapproved Minutes April2,20l8 Agenda Item 8a Meeting Date: a/L6/L8 Mayor Brownrigg read from a proclamation honoring Charles Voltz. He explained that Mr. Voltz has consistently fought to preserve what is special about Burlingame, while acknowledging and allowing for progress and smart growth. Mr. Voltz co-founded the Washington Park Society in 2001 to galvanize public concem about a Recreation Center proposal that could have led to the demolition of the historic Lions Hall. Additionally, Mr. Voltz led the Citizens for a Better Burlingame in2004, which resulted in a redesign of the Safeway building. He stated that this was a tremendous victory for the City and led to the creation of the "Burlingame Process." Mayor Brownrigg stated that Mr. Yoltz co-founded the Community Coalition on High Speed Rail, the primary citrzen oversight group in Northern California. He explained that their work led directly to a legislative solution that requires high speed rail to be at-grade unless the community signs on. Mayor Brownrigg stated that Mr. Voltz's excellent legal mind and training provided crucial and cogent legal arguments to all the work he took on, including his brief to the California Supreme Court on Federal pre- emption. He noted Mr. Voltz's inquisitiveness, advocacy, and strong support of the City's efforts to improve the quality of life for all Burlingame residents. Councilmember Keighran discussed working through the years with Mr. Voltz on various projects including the original re-design of the Recreation Center and the Safeway project. She highlighted Mr. Voltz's ability to listen to all opinions and his thoughtful approach to problems. She explained that the City was indebted to Mr. Voltz for his commitment to the community and his willingness to participate. Councilmember Ortiz thanked Mr. Voltz for his involvement and the thoughtful discussions they had over the years. Vice Mayor Colson thanked Mr. Voltz for taking the time to talk with her about the history of issues in Burlingame. She also expressed gratitude towards Mr. Voltz's partner, Mary Hunt, who is equally engaged in the community and willing to assist when asked. Councilmember Beach expressed gratitude for the friendship that she had with Mr. Voltz and noted that he had become her mentor. She added that he was well-informed on the issues of transportation and was innovative when it came to solutions. Mayor Brownrigg opened the item up for public comment. Burlingame resident Jennifer Pfaff discussed her appreciation for Mr. Voltz's dedication to civic service and his desire to learn. Burlingame resident Russ Cohen spoke about all the great work that Mr. Yoltz accomplished including his work on the Safeway Project, Washington Park, and involvement in the Rotary Club. Burlingame resident Bobbi Benson discussed working with Mr. Voltz, as a member of the Citizens for Better Burlingame. She added that he was the personification of a gentleman and a scholar. 2 Burlingame City Council April 2, 2018 Unapproved Minutes Agenda Item 8a Meeting Date: 4/L6/LB Burlingame resident Pat Giorni thanked Mr. Voltz for his civic engagement and stated that he was a mentor to her Burlingame resident Betsy McGinn thanked Mr. Voltz for his involvement in the Community Coalition on High Speed Rail. Mr. Voltz's son Tom thanked the community for the night's acknowledgement. Burlingame resident Mary Hunt acknowledged her partner's work in the community. Burlingame resident Joe Baylock talked about Mr. Voltz being a great friend. Former Mayor Cathy Baylock stated that Mr. Voltz was the epitome of civic engagement and civility. Charles Voltz thanked the community and Council for the proclamation. He explained that he wouldn't have achieved his successes without the assistance of his partner Mary Hunt. He also encouraged people to get involved and use their skills to better the community around them. 7. PUBLIC COMMENT Nilu Jenks and Danielle LaCampagne from Citizens for a San Mateo County Gun Buyback requested a $5,000 donation from the City in order to hold a gun buyback event. They discussed their partnership with the San Mateo County Sheriff s department to hold this event. Additionally, they noted the donations they received from other cities in the County. 8. CONSENT CALENDAR Mayor Brownrigg asked the Councilmembers and the public if they wished to remove any item from the Consent Calendar. Burlingame resident Linda Fields pulled item 8c. Vice Mayor Colson pulled item 8e and Councilmember Beach pulled item 8j. Councilmember Keighran made a motion to adopt 8a, 8b, 8d, 8f, 8g, 8h and 8i; seconded by Councilmember Oitz. The motion passed unanimously by voice vote, 5-0. a. ADOPTION OF COUNCIL MEETING MINUTES MARCH 14. 2OI8 City Clerk Hassel-Shearer requested Council adopt the City Council Meeting Minutes of March 14,2018 b. ADOPTION OF COUNCIL MEETING MARCH 19" 2018 City Clerk Hassel-Shearer requested Council adopt the City Council Meeting Minutes of March 19,2018 Burlingame City Council Unapproved Minutes J April 2, 2018 Agenda Item 8a Meeting Date: 4/L6/LB c. ADOPTION OF AN ORDINANCE AMEND CHAPTER 13.52 OF THE BURLINGAME MUNICIPAL CODE REGARDING REGULATION OF BICYCLES City Attorney Kane requested Council adopt Ordinance Number 1950. Mayor Brownrigg opened the item up for public comment. Burlingame resident Linda Fields voiced her concem about the increased number of individuals riding on the sidewalks. She asked that the Council consider further amending the bicycle ordinance to provide regulations on distracted bicycling (including riding with earbuds in and riding under the influence). Additionally she asked that the City conduct an educational campaign about the amended ordinance and bicycle safety. Mayor Brownrigg closed the item for public comment. Mayor Brownrigg stated that the ordinance was created to amend archaic language. Councilmember Beach agreed with Ms. Fields that the City needed to publicize and educate the public about the updates to the bicycle ordinance. She suggested that staff highlight the amendments in the e-newsletter. Additionally, she stated that the school district liaison team should work with the school district on incorporating bicycle safety into the curriculum. Councilmember Keighran asked that the ordinance be sent to all the schools to educate the parents on the amendments. Vice Mayor Colson suggested that in addition staff hyperlink the ordinance in the e-newsletter. Vice Mayor Colson asked if there were any vehicular laws that cover distracted bicyclists. City Manager Goldman replied in the affirmative and explained that this is covered under State law. Councilmember Beach made a motion to adopt Ordinance 1950; seconded by Vice Mayor Colson. The motion passed unanimously by voice vote, 5-0. d. ADOPTION OF A RESOLUTION AUTHORIZING TIIE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE AGREEMENT FOR PROFESSIONAL SERVICES WITH GROUP 4 ARCHITECTURE & PLANNING INC. Parks and Recreation Director Glomstad requested Council adopt Resolution Number 39-2018. e. ADOPTION OF A RESOLUTIOLAPIROYING frIE EINA O$. LOT MERGER AND SUBDIVISION AT 1028 CAROLAN AVENUE DPW Murtuza requested Council adopt Resolution Number 40-2018. 4 Burlingame City Council Unapproved Minutes April2,20l8 Agenda Item 8a Meeting Date: 4/L6/tB Vice Mayor Colson explained that she had re-read public letters on this matter. She stated that some of the comments included concerns about parking and the size of the building. She explained that she pulled this item because of proposed State laws. This project would fall under the proposed State legislation as it permits eight story multi-family buildings with no parking requirements. She stated that she hoped that the electorate and voters are following the legislation. She noted that this item reminded her of how important it is to that the public be informed of State legislation. Mayor Brownrigg noted that he believed the Joint Planning Commission and City Council meeting would be discussing the proposed State legislation. Mayor Brownrigg opened the item up for public comment. No one spoke. Vice Mayor Colson made a motion to adopt Resolution Number 40-2018; seconded by Councilmember Keighran. The motion passed unanimously by voice vote, 5-0. f. ADOPTION OF A RESOLUTION ACCEPTING THE EASTON ADDITION AND RAY PARK SUBDIVISIONS. AND NEIGHBO D SEWER REIIABILITATION PROJECT DPW Murtuza requested Council adopt Resolution Number 4I-2018. g. ADOPTION OF A RESOLUTION AWARDING A CONSTRUCTION CONTRACT TO T.P.A. CONSTRUCTION. INC.. FOR THE LSIDE AND SI(YVIEW RESERVOIRS EXTERIOR COATING PROJECT. CITY PROJECT NO. 82780. AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE CONTRACT DPW Murtuza requested Council adopt Resolution Number 42-2018. h. ADOPTION OF A RESOLUTION APPROVING THE FY 2018-19 STREET RESURFACING PROJECT TO COMPLY SENATE BILL (SB) 1 DPW Murtuza requested Council adopt Resolution Number 43-2018. i. ADOPTION OF A RESOLUTION OF S UPPORT FOR PROPOSITION 68. THE CALIFORNIA DROUGHT. WATER,CLIMATE. COASTAL PROTECTION. AND OUTDOOR ACCESS R ALL ACT OF'2018 City Manager Goldman requested Council adopt Resolution Number 44-2018 j. ADOPTION OF A RESOLUTION OF SUPPORT FOR PROPOSITION 69. THE JUNE 2018 CONSTITUTIONAL AMENDMENT TRANSPORTATION FUNDS FROM Burlingame City Council Unapproved Minutes 5 April2,20l8 PHASE 2. CITY PROJECT NO. 84191 Agenda Item 8a Meeting Datez 4/L6/L8 BEING DIVERTED AND OPPOSITION TO THE NOVEMBER 2018 BALLOT MEASURE City Manager Goldman requested Council adopt Resolution Number 45-2018. Councilmember Beach stated that under SB l, the City will receive an estimated $8.49 million over the next ten years for road maintenance, pothole repairs, road safety improvements, highways, bridges, and overpasses. She noted that while State funds for road repairs have been stagnant for over a decade, the cost of repairs has increased. She explained that in the next budget cycle, the City will have an influx of $535,000 to assist with repairs and road maintenance. She stated that when the City doesn't receive these funds, it has to use money from the General Fund, which takes away from other City services. Councilmember Beach stated that on the June 2018 ballot, voters will be asked to decide on Proposition 69, which protects SB 1 funds from being used for anything other than transportation projects. She noted that this would ensure that the City continues to receive needed funding. Councilmember Beach noted that there is also a ballot measure in November that would repeal SB 1. If SB I is repealed, the City would not be able to conduct as many necessary repairs. Councilmember Beach encouraged the public to learn more about the initiatives and understand the importance of the funding. Mayor Brownrigg opened the item up for public comment. No one spoke. Councilmember Beach made a motion to adopt Resolution Number 45-2018; seconded by Councilmember Ortiz. The motion passed unanimously by voice vote, 5-0. 9 PUBLIC HEARINGS a. PUBLIC HEARING AND RESOLUTION THE CITY COUNCIL OF THE CITY OF BURLINGAME ADJUSTING THE STORM INAGE FEE FOR FISCAL YEAR 2018-19 BY 2.0% BASED ON THE CPI FOR THE SAN FRANCISCO.OAKLAND-SAN JOSE. CA AREA AS PUBLISHED MARCH I4.2OI8 Finance Director Augustine requested Council adopt Resolution 46-2018 to adjust the storm drainage fee for fiscal year 2018-19 by 2.0% based on the CPI for the San Francisco-Oakland-San Jose, CA Area as published March 14,2018. She stated that the storm drainage fee will bring in $2.9 million annually for the City. Mayor Brownrigg opened the public hearing. No one spoke. Vice Mayor Colson made a motion to adopt Resolution Number 46-2018; seconded by Councilmember Keighran. The motion passed unanimously by voice vote, 5-0. 6 Burlingame City Council April2, 2018 Unapproved Minutes TO REPEAL SENATE BILL 1 Agenda Item 8a Meeting Date: A/]-6/LB 10. STAFF REPORTS AND COMMUNICATIONS a. REPORT FROM THE STATE LANDS MMISSION COMMUNITY MEETING Parks and Recreation Director Glomstad stated that on March 22,2018, the State Lands Commission ("SLC") held a community meeting to discuss their vacant land on the Bayfront. She noted that a large number of people showed up for the meeting and that by the end, it was standing room only. She reviewed the meeting stating: SLC made a presentation, the public asked questions, and then the attendees broke into working groups. She stated that because of the large number of people, SLC did not do a recap of each group's discussion. Instead, SLC is compiling the comments of each goup and then will bring a recommendation to the Commission. She expected that the recommendation would be released in June or July. Councilmember Beach was the Council representative at the SLC community meeting. She noted that at the meeting, the public was struggling with understanding the Public Trust Doctrine. She explained that it's hard to connect the dots between some of the approved uses and what's allowed under the Public Trust Doctrine. She stated it is clear how boating facilities connect but not so clear how parking lots and warehouses connect. Mayor Brownrigg asked the Council if they shared his vision of using the land as a park. He explained that if this was a shared vision, they could ask colleagues in San Mateo and Millbrae to weigh in. Councilmember Ortiz concurred and explained that the Council needed to jump on any opportunity to create green space in Burlingame. Vice Mayor Colson discussed the list of uses inconsistent with the Public Trust Doctrine that was included in SLC's presentation. She stated that it included local public municipal parks that are designed for local use. She explained that the presentation noted that open space public parks may be permissible if they enhance the enjoyment of the shoreline. She stated that what she didn't want this land to turn into is soccer fields. This was because she believed that by turfing school fields, Murray field, and adding lights, additional space was not needed. Vice Mayor Colson stated that she would approve of using the land as open space with areas to picnic and where small water crafts could be used. Councilmember Keighran agreed with Vice Mayor Colson. She explained that she would be in favor of the land being used as open space. Councilmember Keighran asked how warehouses and container cargo storage meets the Public Trust Doctrine criteria. City Manager Goldman explained that deciphering what is allowable under the Public Trust Doctrine is difficult. She noted that there have been several court cases that have ruled on what is allowable. 7 Burlingame City Council Unapproved Minutes April2,20l8 Agenda Item 8a Meeting Date: A/L6/LB City Manager Goldman stated that the City's position has been in favor of providing regional, accessible open space to the public. She noted that Parks and Recreation Director Glomstad has worked on this matter since August2012. Mayor Brownrigg thanked Councilmember Beach and staff for representing the City at this meeting. He stated that what he detected was that usable public open space is still the preferred option. Council concurred. Vice Mayor Colson asked what the public's feedback from the community meeting was. City Manager Goldman stated that it was unclear as SLC didn't conduct a recap of the different groups' discussions. Councilmember Beach added that there were some distinct special interests that were represented at the community meeting. 11. COUNCIL COMMITTEE AND ACTIVITIES REPORTS AND ANNOUNCEMENTS a. MAYOR BROWNRIGG'S COMMITTEE REPORT b. VICE MAYOR COLSON'S COMMITTEE REPORT c. COUNCILMEMBER KEIGHRAN,S COMMITTEE REPORT d. COUNCILMEMBER BEACH'S COMMITTEE REPORT 12. FUTURE AGENDA ITEMS Mayor Brownrigg asked if the Council would like to agendize a gun buyback discussion. The Council voiced their support. Vice Mayor Colson discussed SB 827 and whether the Council should agendrze a response. City Manager Goldman stated that it was on the agenda for April 16. 13. ACKNOWLEDGEMENTS The agendas, packets, and meeting minutes for the Planning Commission, Traffic, Parking & Safety Commission, Beautification Commission, Parks and Recreation Commission and Library Board of Trustees are available online at www.burlinqame.org. 14. ADJOURNMENT Mayor Brownrigg adjoumed the meeting at 8:29 p.m. Burlingame City Council Unapproved Minutes 8 April2,2018 Respectfully submitted, Meaghan Hassel-Shearer City Clerk Agenda Item 8a Meeting Date: 4/L6/!8 9 Burlingame City Council Unapproved Minutes Aprll2,2018 STAFF REPORT AGENDANO: 8b MEETING DATE: April 16, 2018 To:Honorable Mayor and City Council Date: Apri! 16,2018 From: Syed Murtuza, Director of Public Works - (650) 558-7230 Subject: Adoption of a Resolution Awarding a Contract to Universal Building Services for Janitoria! Services RECOMMENDATION Staff recommends that the City Council adopt the attached resolution awarding a contract to Universal Building Services (UBS) for Janitorial Services for a period of three years in the total amount of $941 ,196.00, and authorize the City Manager to execute the same. BACKGROUND Currently janitorial services are provided to the City of Burlingame by UBS located in Richmond, California. Overall, the City has been satisfied with UBS' performance. The current janitorial services contract is expiring in May 2018. For that reason, on February 21, 2018, the City issued a Notice lnviting Sealed Bids from qualified contractors to perform janitorial services at nine City facilities, including Main Library, City Hall, Parks Corporation Yard, Public Works Corporation Yard, Easton Branch Library, Recreation Center, Police Station, and Donnelly Parking Structure. The notice was advertised in seven trade journals, published in two newspapers of general circulation for bid solicitation, and sent directly to nine janitorial companies in the Bay Area. DISCUSSION On March 15,2018, the City received one sealed bid, from UBS, in the amount of $941,196 to provide the janitorial services at the above-mentioned City facilities for a period of three years. Staff has reviewed the UBS bid proposal and examined the proposed scope of services and bid amount, and determined that the bid proposal is responsive and satisfactory. UBS has met all the project requirements, and has a successful past history of performing similar work for the City of Burlingame and other public agencies. Therefore, staff recommends that the City Council award the janitorial services contract to the company. The scope of work under this contract consists of all-inclusive janitorial services at nine City facilities as mentioned above, covering approximately 162,000 square feet. Specific provisions and specifications for cleaning each facility are outlined in the contract scope of work. ln general, the work consists of routine daily cleaning of offices, bathrooms, conference areas, and hallways/open areas, and periodic cleaning of windows, hard surfaces, deep cleaning of carpet areas, and hardwood floor care. The bid amount reflects an increase of approximately 206 labor 1 J anitori al Services Contract April 16, 2018 hours on a monthly basis compared to the current level of effort, reflecting an increased scope of level of effort in several facilities based on staff's assessment of needs, and feedback from users of the facilities. lf approved, the term of the Contract Agreement will be for three years, with the option to extend for an additional two years if elected by the City. FISCAL IMPACT The total contract price for janitorial services for a three-year period is $941,196. There are adequate funds available in the Public Works Department's current budget to cover the work for the current fiscal year. Funding for the janitorial services for future years will be programmed into future years' budgets. Exhibits: . Resolution . Janitorial Services Contract 2 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME AWARDING A JANITORIAL SERVICES CONTRACT TO UNIVERSAL BUILDING SERVICES AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT WHEREAS, on February 21, 2018, the Department of Public Works issued a notice inviting bids for the City of Burlingame Janitorial Services; and WHEREAS, Universal Building Services submitted a responsible bid in the amount of $941,196 to provide janitoriat services to City facilities for a three-year period; and WHEREAS, City staff reviewed the bid proposal of Universal Building Services, and determined it to be responsible and in compliance with the project requirements. NOw, THEREFORE, be it RESOLVED, that the bid of Universal Building Services for said project in the amount of $941 ,1 96 is accepted; and BE lT FURTHER RESOLVED that a contract be entered into between the successful bidder and the City of Burlingame for the performance of said work, and that the City Manager is authorized on behalf of the City of Burlingame to execute said contract and to approve the faithful performance bond and the labor materials bond required to be furnished by the contractor. MaYor l, Meaghan Hassel-Shearer, City Clerk of the City of Burlingame, certify that the foregoing Resolution was introduced at a regular meeting of the City Council held on the 16rH day of April, 2018, and was adopted thereafter by the following vote: AYES: NOES: ABSENT: City Clerk WHEREAS, on March 15,2018, the City received one sealed bid; and COUNCILMEMBERS: COUNCILMEITIBERS: COUNCILMEMBERS: AGREEMENT FOR CITY JANITORIAL SERVICES THIS AGREEMENT ("Agreement"), made and entered into by and between the CITY OF BURLINGAME, a municipal corporation, hereinafter called "City", and UNIVERSAL BUILDING SERVICES, hereafter called "Conffactor," collectively referred to as the "Parties." WITNESSETH: WHEREAS, on February 21, 2018, the Department of Public Works issued a notice inviting bids for the CITY OF BURLINGAME JANITORIAL SERVICES ("City Project"). WHEREAS, on March 15, 2018, at 2:30 p.m., one sealed bid was received from Contractor and opened inpublic, in the Office of the City Clerk at 501 Primrose Road, Burlingame, California; and WHEREAS, the bid from Contractor was determined to be a responsive and responsible bid for the City Project in the amount of $941,196 for a three-year period; and WHEREAS, City and Contractor desire to enter into this Agreement for the services described in the scope of work. NOW, THEREFORE,IT IS AGREED by the parties hereto as follows: 1. Scope of work. Contractor shall perform the work as described in the Bid and Notice to Contractors: Janitorial Services issued by the City, attached hereto as Exhibit A, and the Contractor's Services Proposal for City of Burlingame Janitorial Services, attached hereto as Exhibit B. Both of these documents are incorporated herein by reference. 2. The Contract Documents. The complete contract consists of the following documents: this Agreement, the Bid and Notice to Contractors (Exhibit A), and the accepted bid (Exhibit B), and are hereinafter referred to as the Contract Documents. All rights and obligations of City and Contractor are fully set forth and described in the Contract Documents. All of the above described documents are intended to cooperate so that any work called for in one, and not mentioned in the other, or vice versa, is to be executed the same as if mentioned in all said documents. 3. Contract Price. The City shall pay, and the Contractor shall accept, in full, payment not to exceed the sumof(NineHundredForty-OneThousand,OneHundredNinety-SixDollars)($941,196). lnthe 1 event work is performed or materials furnished in addition to those set forth in Contractor's Bid and the Specifications, such work and materials will be paid for at the unit (section) prices therein contained. Said amount shall be paid in progress payments as provided in the Contract Documents. 4. Provisions Cumulative. The provisions of this Agreement are cumulative and in addition to and not in limitation of any other rights or remedies available to the City. 5. Notices. All notices shall be in writing and delivered in person or transmitted by certified mail, postage prepaid. Notices required to be given to the City shall be addressed as follows: Facilities Division Manager City of Burlingame Public Works Department 1361 N. Carolan Avenue Burlingame, California 9401 0 (6s0) ss8-7670 Notices required to be given to Contractor shall be addressed as follows: Universal Building Services Attn: Arnie Tong 3120 Pierce Street Richmond, CA 94804 (st}) s27-r078 6. Intemretation As used herein, any gender includes the other gender and the singular includes the plural and vice versa. 7. Termination The City reseryes the right to terminate this Agreement for failure of the Contractor to perform the work according to the Bid Specifications. 8. Insurance Contractor, at its own cost and expense, shall carry, maintain for the duration of the Agreement, and provide proof thereof, acceptable to the City, the insurance coverages specified in Section 1.8, Insurance, of Exhibit A, attached hereto and incorporated herein by reference. Contractor shall demonstrate proof of required insurance coverage prior to the commencement of 2 services required under this Agreement, by delivery of Certificates of Insurance and original endorsements to City. The City shall be named as a primary insured. 9. Indemnification The Contractor shall indemnify, defend, and hold City, its directors, officers, employees, agents, and volunteers harmless from and against any and all liability, claims, suits, actions, damages, and causes of action arising out of,, pertaining or relating to the negligence, recklessness or willful misconduct of Contractor, its employees, subcontractors, or agents, or on account of the performance or character of the Services, except for any such claim arising out of the sole negligence or willful misconduct of the City, its officers, employees, agents, or volunteers. It is understood that the duty of Consultant to indemnify and hold harmless includes the duty to defend as set forth in section 2778 of the California Civil Code. Acceptance of insurance certificates and endorsements required under this Agreement does not relieve Contractor from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply whether or not such insurance policies shall have been determined to be applicable to any of such damages or claims for damages. This indemnification and hold harmless clause shall survive the termination of this Agreement. 10. Compliance with All Laws In the performance of this Agreement, Contractor shall abide by and conform to any and all applicable laws of the United States and the State of Califomia, and all ordinances, regulations, and policies of the City. Contractor warrants that all work done under this Agreement will be in compliance with all applicable safety rules, laws, statutes, and practices, including but not limited to CallOSHA regulations. If a license or registration of any kind is required of Contractor, its employees, agents, or subcontractors by law, Contractor warrants that such license has been obtained, is valid and in good standing, and Contractor shall keep it in effect at all times during the term of this Agreement, and that any applicable bond shall be posted in accordance with all applicable laws and regulations. 3 IN WITNESS WHEREOF, Contractor and City execute this Agreement. CITY OF BURLINGAME 501 Primrose Road Burlingame, CA 94010 Meaghan Hassel-Shearer City Clerk UNIVERSAL BUILDING SERVICES By: Name Title Federal Employer ID License N Expiration Date:_ B Lisa K. Goldman City Manager Date Attest Approved as to form: Kathleen Kane City Attorney Attachments: Exhibit A, Bid and Notice to Contractors: Janitorial Services Exhibit B, Services Proposal for City of Burlingame Janitorial Services 4 T)afa. CITY OF BURLINGAME COLINTY OF SAN MATEO, CALIFORNIA MAYOR Michael Brownrigg CITY COUNCIL Donna Colson, Vice Mayor Emily Beach, Council Member Ann Keighran, Council Member Ricardo Ortiz, Council Member CITY MANAGER Lisa K. Goldman DEPARTMENT OF PI]BLIC WORKS Bid and Notice to Contractors: JANITORIAL SBRVICES Bids Due: March 15,2018 at 2:30 p.m. BURLINGATYTEc/Lt,troltt{t*. CITY City of Burlingame, California Janitorial Services Table of Contents Notice Inviting Sealed Bids (1 page) Instructions to Bidders (5 pages) Contract Bid Forms - To be signed and returned aJ 4 Failure to complete. sign (where required). and return the bid documents withrour trtd will render it non-responsive. Bid Form (4 pages) Bidder's Statement (2 pages) Designation of Subcontractors (1 page) Statement of Experience Qualifications (2 pages) Non-Collusion Declaration (1 page) Public Contract Code Section 10285.1 Statement (1 page) Public Contract Code Section 1,0162 Questionnaire (1 page) Certificate of Nondiscrimination (1 page) Contractor's Nondiscriminatory Employment Certificate (2 pages) Certification of Payment of Prevailing Wage Scale (l page) Certification of Requirement to Pay Workers' Compensation (1 page) Bidder's Bond (2 pages) Bond for Security of Laborers and Material Persons (2 pages) 9 13 l5 t6 l8 t9 20 2t 22 24 25 26 28 Sample Agreement (4 pages) 1.0 General Provisions (6 pages) 2.0 Special Provisions (9 pages) 3.0 Special Building Provisions (13 pages) 30 34 40 49 2 The CiA of Burlingame PLIBLIC WORKS DEPAR TMENT (6s0) 5s8-7230 CIry HALL - 50I PRIMROSE ROAD BURLINGAME, CALIFORNIA 940 I O-3997 CORPORATION YARD (650) 558-7670 February 21,2018 NOTICE INVITING SEALED BIDS Sealed bids will be received at The City Clerk's Office, City of Burlingame, 501 Primrose Road, Burlingame, CA 94010 until2:30 p.m., on March 15, 2018, and will be publicly opened and read on that date at 2:30 p.m. at the same location in Conference Room A for JANITORIAL SERVICES within the City of Burlingame, San Mateo County, California. It is the sole responsibility of the supplier to ensure their bid reaches the City's Clerk's Office at the City of Burlingame before the closing date. Bids, modifications, or corrections received after the closing time on the "Due Date" will be considered late and will be returned unopened. Bid packets are available from the City of Burlingame Public Works Corporation Yard. Please contact Marie Galvin at (650) 558-7681 or msalvin@burlingame.ore for information on how to receive a packet. There is no cost for the bid packets. The work shall consist ofjanitorial services at nine (9) City buildings starting tentatively in June 2018. The Term of the final Agreement is for three (3) years with two (2) one (l) year options at the election of the City. A MANDATORY pre-bid conference will be held at 10:00 a.m. on Thursday, March 1, 2018, at the Corporation Yard; 1361 North Carolan Avenuel Burlingame, CA 94010. All Bidders must be present at 10:00 a.m. on Thursday, March l, 2018. An optional walk through of the nine (9) City locations will follow at the end of the pre-bid conference. The walk through will take an estimated 2-3 hours. Johnson Woo Facilities Division Manager J DATE OF POSTING: February2l,20l8 CITY OF BURLINGAME, CALIFORNIA JANITORIAL SERVICES INSTRUCTIONS TO BIDDERS Bids shall be made in accordance with the provisions of Sections 1, 2 and 3 (the General Provisions, Special Provisions and Special Building Provisions) and these Instructions. General Instructions Bids shall be made upon the form provided, properly executed and with all items filled out; the signature of all persons signing shall be in longhand. Bids shall not be unbalanced. Any apparent unbalancing of bids may be considered sufficient grounds for rejection of a bid. A bid shall cover all items of the bidding schedule. Blank spaces in the bid shall be properly filled in, and the phraseology thereof must not be changed. Additions shall not be made to the items mentioned therein. Any unauthorized conditions, limitations or provisions attached to a bid may cause its rejection. Alterations by erasures or interlineations shall be explained or noted in the bid over the signature of the bidder. Late bids will be retumed to the bidder unopened. Each bid shall be addressed to: City Clerk's Office Attn: Janitorial Services Project City of Burlingame 501 Primrose Road Burlingame, CA 94010 Each bid shall be addressed on or before the day and hour set for the opening ofbids. The bid shall be enclosed in a sealed envelope bearing the title of the project, the name of the bidder, and the date and hour of the opening. It is the sole responsibility of the bidder to see that the bid is received in proper time at the City of Burlingame to the attention of Janitorial Services Project. Failure to complete. sign (where required). and refurn the bid documents with vour bid will render it non-responsive. For additional information, contact Marie Galvin at (650) 558-7681 or mgalvin@burlingame. org. A. B. C. D. E. F G. H. 4 Examination of Contract Documents Before submitting a bid, each bidder shall carefully read all the Contract Documents. The bidder shall visit the site of the Project and shall fully inform itself as to all existing conditions and limitations under which the work is to be performed, and it shall include in its bid a sum to cover the cost of all items necessary to perform the work as set forth in the Contract Documents. No allowance of any kind whatsoever will be made to any bidder because of lack of such examination or knowledge. The submission of a bid shall be conclusive evidence that the bidder has made such an examination. Bidders shall report any discrepancies in the field conditions or Contract Documents that they discover to the City before bids are opened. Competency of Bidder Any bidder may be required to furnish evidence satisfactory to the City that it and its proposed subcontractors have sufficient means and experience in the type of work called for to insure completion of the contract in a satisfactory manner. Withdrawal of Bid Any bidder may withdraw its bid, either personally or by a written request, at any time prior to the scheduled time for opening of bids. Award or Rejection of Bids The Contract, if awarded, will be awarded to the lowest responsible bidder subject to City's right to reject any or all bids and to waive any informality in the bids or the bidding. The City reserves the right to reject the apparent low bid and award the contract to the next successful low bidder if it determines that the apparent low bidder does not meet the required qualifications, or if the job references provided would indicate that the Contractor does not satisfy the bid requirements. The City of Burlingame reserves the right to reject any or all bids. Bidders are cautioned not to attach any conditions, limitations, or provisions to the bid as such conditions, limitations or provisions will render their bids informal and cause its rejection. Term of Agreement The term of the final agreement is for three (3) years with two (2) one (l) year options at the election of the City. Withdrawal of Bids after Opening No bidder may withdraw its bid for a period of forty-five (a5) calendar days after the date set for the opening thereof, and the same shall be subject to acceptance by the City during this period. 5 Bidder's Bond Each bid shall be accompanied by cash, a certified or cashier's check, or a bidder's bond in the sum of not less than ten percent (10%) of the total aggregate of the bid, and such a check or bond shall be made payable to the order of the City of Burlingame as set forth in the Bidder's Bond (see page 26). Incase the successful bidder fails to file the bonds or to provide the insurance required by the Contract Documents, or refuses to enter into a contract within the specified time, it shall be liable for any difference by which the cost of procuring the work exceeds the amount of its bid and the bond or the amount of cash or check shall be available to offset such difference. Execution of Agreement The form of agreement which the successful bidder, as Contractor, will be required to execute is included in the Contract Documents and must be carefully examined by each bidder. The bidder to whom the contract is awarded by the City shall, within ten (10) working days after notice of award, execute and deliver to City one original and one copy of the Contract Agreement. The selected Contractor, upon signing a City Contract Agreement form, shall provide a signed contract along with all required bonds and insurance documents as required to fuIfiIl and meet the requirements established by the Bid Requirements. The Contractor shall state his or her willingness to accept the terms and conditions in the Contract Agreement for Contract Services attached. This is the City's standard agreement and the bidder shall list any items which cannot be met and the alternative suggested wording, if necessary, to ensure proper agreement terms. Labor and Materials Bond, Deposit of Securities At or prior to the delivery of the signed Contract Agreement, Contractor shall deliver to City the Labor and Material Bond as required. All bonds shall be in the general forms designated by the City, and each shall be in an amount equal to one hundred percent (100%) of the contract price. All bonds shall be approved by the Director of Public Works before the successful bidder may proceed with the work. Bonds may be secured in one-year terms provided that such one-year bonds are renewed by the Contractor for each year of the entire term of the agreement; there shall be no lapse in bond coverage. Failure to have bonds continuously in place shall constitute grounds for the City's termination of the Contract. Failure or refusal to furnish bonds in the form satisfactory to the Director shall subject the bidder to penalties for delay in commencement of the work or revocation of the Award of Contract. Pursuant to Section 22300 of the California Public Contract Code, the Contractor will be permitted, at its request and sole expense, to substitute securities for any monies withheld by the City as provided in the General Provisions. Insurance At or prior to the delivery of the signed Contract Agreement, Contractor shall deliver to the City the policies of insurance or insurance certificates and endorsements as are required by the General Provisions. Failure or refusal to fumish insurance policies or certificates in the form satisfactory to the City Attorney shall subject the bidder to penalties for delay in commencement of the work or revocation of the Award of Contract. All policies, endorsements, and certificates of insurance shall be approved by the City Attomey before the successful bidder may proceed with any work. Interpretation of Contract Documents Prior to Bidding If any person contemplating submitting a bid for the Janitorial Services Project is in doubt as to the true meaning of any part of the Contract Documents, or finds discrepancies in, or omissions from the Contract Documents, it may submit to City a written request for information thereof not later than five (5) working days before the date bids will be opened. The person submitting the request will be responsible for its prompt delivery. The City's response to a request for information will be made only by addendum and will be emailed only to each person receiving a set of such documents. City will not be responsible for any other explanation or interpretation of the Contract Documents. 6 Bidders Interested in More than One Bid No person, firm or corporation shall be allowed to make or file or be interested in more than one bid for the same work, unless alternate bids are called for. A person, firm or corporation submitting a sub-bid to a bidder, or who has quoted prices on materials to a bidder, is not thereby disqualified from submitting a sub-bid or quoting prices to other bidders. Special Notice Bidders are required to inform themselves fully of the conditions relating to service and labor under which the work will be or is now performed, and, so far as possible, the successful bidder must employ such methods and means in carrying out his/her work as will not cause any intemrption or interference with any other Contractor. List of Subcontractors Bidders shall submit a list of their proposed subcontractors in compliance with Sections 4100- 4113 of the Public Contract Code of the State of California. A form for this designation is furnished in the set of Contract Documents. Additional Sureties If at any time during the continuance of the contract the Sureties, or any of them, shall, in the opinion of the City, be no longer responsible, the City shall have the right to require additional and sufficient Sureties which Contractor shall furnish to the satisfaction of the City within ten (10) working days after notice. DeJinition of Contract Documents The term "Contract Documents" means all of the information to bidders, General Provisions, Special Provisions, Special Building Provisions, Request for Bidder to Provide Janitorial Service Requirements; the submission of any bid shall be deemed a thorough and complete understanding of all provisions of the Contract Documents. All of the Contract Documents shall be incorporated by reference into the formal contract which the successful bidder shall execute. Business License All Contractors, whether they are general Contractors or subcontractors, who transact or carry on business in the City, shall acquire a Business License in conformance with the Burlingame Municipal Code. P rev ai ling Wage Req uir ement s No contractors and subcontractor may be listed on the bid proposal unless registered with the Depafiment of Industrial Relations pursuant to Labor Code sectiot 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.5(a)]. All contractors and subcontractors will be required to furnish electronic certified payroll records directly to the Labor Commissioner (aka Division of Labor Standards Enforcement). Workers employed in the work must be paid at rates at least equal to the current prevailing wage scale as determined by the State Director of the Department of Industrial Relations. A copy can be found at www.dir.ca.gov/OPRl/PWD/index.htm or by contacting the Department of Industrial Relations. Pursuant to Section 1770 and following of the California Labor Code, any Contractor who is awarded a public works project and intends to use a craft of classification not shown on the 7 general prevailing wage determinations, may be required to pay the wage rate of that craft of classification most closely related to it as shown in the general determinations effective at the time of the calls for bids. Unit Prices Because unit prices are key elements of bid award and contract administration, in case of discrepancy between the unit price and the total set for a unit basis item, the unit price shall prevail;provided, however, if the amount set forth as a unit price is ambiguous, unintelligible, or uncertain for any cause, or is omitted, or is the same amount as set forth in the "Annual Cost" column, then the amount set forth in the "Annual Cost" column for the item shall prevail and shall be divided by the estimated quantity for the item and the price thus obtained shall be the unit price. For additional information, contact Marie Galvin at (650) 558-7681 or mgalvin@burlingame.org. END OF INSTRUCTIONS TO BIDDERS 8 CITY OF BURLINGAME, CALIFORNIA JANITORIAL SERVICES BID FORM 2018 TO THE CITY OF BURLINGAME, CALIFORNIA: Pursuant to the foregoing Bid and Notice to Contractors, the undersigned bidder herewith submits its bid on the Bid Form and completes all the required forms attached hereto and made apart hereof, and binds itself on award by the City of Burlingame under this bid to execute in accordance with such award, a contract, of which this Bid and Notice to Contractors, Instructions to Bidders, General Provisions, Special Provisions, and Special Building Provisions are hereby made a part of this Bid and all provisions thereofare hereby accepted. The bidder further agrees that in case of its default in executing the contract, and providing the required bonds and insurance, the cash, check or Bidder's Bond, accompanying its bid and the money payable thereon shall be and remain the property of the City of Burlingame, as provided in the Instructions to Bidders and the Special Provisions. COMPANY NAME: (Corporate Seal)Signature Address CONTRACTOR'S TELEPHONE NO.Nature of firm (corporation, partnership, etc.) and names of individual members of the firms, or names and titles of officers of the corporation: Fax no. If Corporation, organized under the laws of the State of Name Title Name Title Name Title 9 CITY OF BURLINGAME, CALIFORNIA JANITORIAL SERVICES BID FORM The undersigned hereby proposes and agrees that, if this bid is accepted, the Contractor will contract with the City of Burlingame, California, for any or all of the facilities listed below for the prices quoted. The Contractor agrees to fumish all labor, materials, tools, and equipment. Contractor to furnish all incidental work and services required to complete all items of work described in the specifications. All work shall be done in accordance with the General Provisions, Special Provisions, and Special Building Provisions of this Contract Book: "Janitorial Services for City of Burlingame". YEAR 1 YEAR2 YEAR3 MONTHLY SERVICES Cost/Month Annual Cost Cost/Month Annual Cost Cost/Month Annual Cost 1. City Hall $$$$$$ 2. Main Library $$$$$_ 3. Easton Library $_$$$s $ 4. Recreation Center $$$$_$_$_ 5. Donnelly Parking Garage $$$s $$ 6. Public Works Corp Yard $$_$$$$ 7. Police Station $$$s $ 8. Village Park Preschool $$$$$$ 9. Parks Corp Yard $$$$s s Total Year I Annual Cost $_ Total Year 2 Annual Cost $ Total Year 3 Annual Cost $_ Base Bid = Total for Years 1,2 & 3 (Written in Fieures)$ Base Bid = Total for Years 1,2 &3 (Written in Words) Amount written tn words.Where there IS a discrepancy between words and figures,WORDS WILL GOVERN Where there ls a between item unit and extended LINIT PzuCE WILL GO VERN ADDITIONAL SERVICES 1. Services during normal working hours on a weekday with no less than 24 hours' notice Cost/Hour $ 2. Services outside normal work hours with on a weekday with no less than 24 hours' notice $ 3. Service with less than24 hours' notice during normal working hours on weekday $ 4. Service with less than24 hours' notice during outside working hours $ 10 $_ s_ CITY OF BURLINGAME, CALIFORNIA JANITORIAL SERVICES BID FORM Contractors shall list their proposed work force and supervisory personnel to be assigned to each facility. Location Personnel Resources Supervisory Resources City Hall Number of Janitors Evening Cleaners: _ Number of hours assigned to each janitor per day of service Evening Cleaners: _ Title: Title: Title: Total Daily Hours: Total Weekly Hours: Total Monthly Hours: Main Library Number of Janitors Evening Cleaners: _ Number of hours assigned to each janitor per day of service Evening Cleaners: Title: Title: Title: Total Daily Hours: Total Weekly Hours: Total Monthly Hours: Easton Library Number of Janitors Evening Cleaners: _ Number of hours assigned to each janitor per day of service Evening Cleaners: Title: Title: Title: Total Daily Hours: Total Weekly Hours: Total Monthly Hours: Recreation Center Number of Janitors Evening Cleaners: Number of hours assigned to each janitor per day of service Evening Cleaners: _ Title Title Title Total Daily Hours: Total Weekly Hours: Total Monthly Hours Village Park Number of Janitors Evening Cleaners: _ Number of hours assigned to each janitor per day of service Evening Cleaners: _ Title: Title: Title: Total Daily Hours: Total Weekly Hours: Total Monthly Hours: ll Continued on next page Location Personnel Resources Supervisory Resources Donnelly Parking Structure Number of Janitors Evening Cleaners: _ Number of hours assigned to each janitor per day of service Evening Cleaners: _ Title: Title: Tirle: Total Daily Hours: Total Weekly Hours: Total Monthly Hours: Public Works Corporation Yard Number of Janitors Evening Cleaners: Number of hours assigned to each janitor per day of service Evening Cleaners: Title: Title: Title: Total Daily Hours: Total Weekly Hours: Total Monthly Hours: Police Station Number of Janitors Evening Cleaners: _ Number of hours assigned to each janitor per day of service Evening Cleaners: Title: Title: Title: Total Daily Hours: Total Weekly Hours: Total Monthly Hours: Parks Corporation Yard Number of Janitors Evening Cleaners: _ Number of hours assigned to each janitor per day of service Evening Cleaners: Title : Title: Title: Total Daily Hours: Total Weekly Hours: Total Monthly Hours: The City of Burlingame reserves the right to reject any or all bids. Bidders are cautioned not to attach any conditions, limitations, or provisions to the bid because such conditions, limitations or provisions may render such bid non-responsive and may cause its rejection. l2 CITY OF BURLINGAME, CALIFORNIA JANITORIAL SERVICES BIDDERIS STATEMENT Pursuant to Business and Professions Code Section 7028.15 \declare under penalty of perjury that the foregoing and the statements contained in the bid for the above titled project are true and correct and that this declaration is made on this - day of 2018, at , California. If awarded the contract, the undersigned hereby agrees to sign and file an agreement similar to the attached sample on page 30, together with the necessary bond, certificate(s) of insurance, and related endorsements for general and automobile liability insurance, and proof of a Burlingame Business License in the office of the City Clerk within ten (10) calendar days after the date of the award and to commence work within five (5) days of the date specified in the notice to proceed, and to complete the work under said contract within the specified number of working days beginning from the date specified in the notice to proceed. Contractor also agrees to keep the Business License current for the entire term of the contract. If the lump sum for each building and the total amount named by a bidder for any item do not agree, it will be assumed that the error was made in computing the lump sum for each building and the total amount will be considered as representing the bidder's intention. Unit price bid must not be unbalanced. The undersigned has checked carefully all the figures listed in the Bid form and understands that the City will not be responsible for any errors or omissions on the part of the undersigned in making up this bid. NOTE: The square footages and unit counts shown in the Special Buildings Provisions are an estimate only. Since the exact figures are not determined, the City reserves the right to adjust quantities as deemed necessary to meet its requirements. The undersigned hereby certifies that this bid is genuine, and not sham or collusive, or made in the interest or in behalf of any person not named herein, and that the undersigned has not directly or indirectly induced or solicited any other bidder to put in a sham bid, or any other person, firm or corporation to refrain from bidding, and that the undersigned has not in any manner sought by collusion to secure for himself an advantage of any kind whatever. The undersigned agrees that this bid may not be withdrawn for a period of forty-five (a5) days after the date set for the opening thereof. NOTE: IF THE BID IS MADE BY AN INDTVIDUAL, HIS NAME AND POST OFFICE ADDRESS MUST BE SHOWN. IF THE BID IS MADE BY A PARTNERSHIP, THE NAME AND ADDRESS OF EACH MEMBER OF THE FIRM OR PARTNERSHIP MUST BE SHOWN (IF MORE THAN TWO MEMBERS OF A FIRM OR PARTNERSHIP, PLEASE ATTACH AN ADDITIONAL PAGE); OR IF MADE BY A CORPORATION, THE BID SHALL SHOW THE NAME OF THE STATE UNDER THE LAWS OF WHICH THE CORPORATION WAS CHARTERED AND THE NAMES, TITLES AND BUSINESS ADDRESSES OF THE PRESIDENT, SECRETARY AND TREASURER OF SAID CORPORATION. SIGNATURES FOR BIDDER: l3 If INDIVIDUAL, sign below: Signature Date Print name Post Office Address If CORPORATION, sign below (show names of non-signing officers): a CORPORATION Name of State Where Chartered Signature Date Print name of person signing bid Title List names of thefollowing officers PRESIDENT Date SECRETARY Date TREASURER Date Post Office Address If PARTNERSHIP, sigr below (show names of non-signing partners): Signature Date Name of Partner Post Office Address Sigrrature Date Name of Partner Post Office Address (if different) Sigrrature Date Name of Partner Post Office Address (if different) Signature Date t4 CITY OF BURLINGAME, CALIFORNIA JANITORIAL SERVICES DESIGNATION OF SUBCONTRACTORS (Public Contract Code Sections 4100 and following) JANITORIAL SERVICES As a bidder on the above-entitled project, the undersigned hereby designates the subcontractors that will perform work or labor or render services to the Contractor in or about the construction of the project in an amount in excess of one-half (Yz) of one percent (l%) of the Contractor's total bid. The undersigned understands and agrees that should it fail to specify a subcontractor for any portion of the work as above stated, it agrees that the undersigaed is fully qualified to perform that portion of the work itself, and that it shall perform that portion itself. Penalties for failure to comply with this provision are provided in the Subletting and Subcontracting Fair Practices Act commencing with Section 4100 of the Public Contract Code. The undersigned agrees that it shall not, without written consent of the City Council, make any substitution, assignment or sublet to or of the following list of subcontractors which is made a part of this bid and then only after compliance with the provisions of the Subletting and Subcontracting Fair Practices Act. [ATTACH ADDITIONAL PAGES IF NECESSARY] NAME OF BIDDER: Signature: Name of Subcontractor Address of Subcontractor Work to be done by Subcontractor l5 CITY OF BURLINGAME, CALIFORNIA JANITORIAL SERVICES STATEMENT OF EXPERIENCE OUALIFICATIONS The following statement as to experience qualifications of the bidder is submitted in conjunction with the Bid, as apart thereof, and the truthfulness and accuracy of the information is guaranteed by the bidder. The bidder, as a contractor, has never failed to satisfactorily complete a contract awarded to it, except as follows: The bidder, as a contractor, must have relevant janitorial experience during the last five (5) years, and must have been engaged in the contracting business, under the present business name, as a single company for at least five (5) years. If the bidder is a franchisor, actual franchisee (operators) must have relevant janitorial experience during the last five (5) years. All bidders must have experience that includes: o Must have successfullyprovided service (cleaning) for a minimum of 160,000 square foot ofoffice space per year for the last five years. o Must have successfully worked with three different public agencies during the last five years. o Must have an annual contract in good standing condition with a public agency during the past 36 months to service (clean) a minimum of 80,000 square foot of office space. o Provided a copy of your company training manual on cleaning services and procedures for j anitorial staff. The above qualification requirements must be listed below on the following page and included with bid proposal. The following information must have been satisfactorily completed for the persons, firm or authority indicated, and to whom reference is made. If the bidder is a franchisor, it must provide actual franchisee (operators) information as to who will be performing the work, type of work performed, and direct work references. The City reserves the right to contact any of the references provided. If the City determines the feedback to be negative or contrary to what has been presented by the bidder herein, the City at its sole discretion has the right to reject the bidder. Failure to provide this information on any portion of the bid proposal as provided will result in disqualification of its bid. t6 Year CITY OF BURLINGAME, CALIFORNIA JANITORIAL SERVICES STATEMENT OF EXPERIENCE QUALIFICATIONS . Must have successfully provided service (cleaning) for a minimum of 160,000 square foot of office space per year for the last five years. Years Type of Work Location For Whom Performed o Must have successfully worked with three different public agencies during the last five years. Aeency Location For Whom Performed o Must have an annual contract in good standing condition with a public agency during the past 12 months to service (clean) a minimum of 80,000 square foot of office space during the past l2 months. Year Aeency Square Footage For Whom Performed o Provided a copy of your company training manual on cleaning services and procedures for janitorial staff. NAME OF BIDDER: Signature: t7 CITY OF BURLINGAME, CALIFORNIA JANITORIAL SERVICES NON.COLLUSION DECLARATION (PUBLTC CONTRACT CODE SECTION 7t06) JANITORIAL SERVICES I,declare under penalty of pe{ury that I am - (sole owner, partner, president, etc.) of - (company name), the party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract or anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly, or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or dilulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I declare under penalty of perjury that the foregoing is true and correct and this was executed on the date shown below at (City, State) Dated:NAME OF BIDDER: Signature l8 CITY OF BURLINGAME, CALIFORNIA JANITORIAL SERVICES PUBLIC CONTRACT CODE SECTION 10285.1 STATEMENT ln accordance with Public Contract Code Section 10285.1 (Chapter 376, Stats. 1985), the bidder hereby declares under penalty of perjury under the laws of the State of California that the bidder has_, has not been convicted within the preceding three years of any offenses referred to in that section, including any charge of fraud, bribery, collusion, conspiracy, or any other act in violation of any state or federal antitrust law in connection with the bidding upon, award of, or performance of, any public works contract, as defined in Public Contract Code Section 1 101, with any public entity, as defined in Public Contract Code Section 1100, including the Regents of the University of California or the Trustees of the California State University. The term "bidder" is understood to include any partner, member, off,rcer, director, responsible managing officer, or responsible managing employee thereof, as referred to in Section 10285.1. [NO'E: THE BIDDER MUST PLACE A CHECK MARK AFTER ''HAS'I OR ''HAS NOT'' IN ONE OF THE BLANK SPACES PROVIDED.] The above Statement is part of the Bid. Bidders are warned that making a false certification may subject the certifier to criminal prosecution. I declare under penalty of perjury that the foregoing is true and correct and this was executed on the date shown below at (City, State) Dated:NAME OF BIDDER: t9 Signature: CITY OF BURLINGAME, CALIFORNIA JANITORIAL SERVICES PUBLIC CONTRACT CODE SECTION 10162 QUESTIONNATRE ln accordance with Public Contract Code Section 10162, the Bidder shall complete, under penalty of perjury, the following questionnaire: Has the bidder, any officer of the bidder, or any employee of the bidder who has a proprietary interest in the bidder, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or a safety regulation? No Yes If the answer is yes, explain the circumstances in the following space: I declare under penalty of perjury that the foregoing is true and correct and this was executed on the date shown below at . (City, State) Dated:NAME OF BIDDER: Signature: 20 CITY OF BURLINGAME, CALIFORNIA JANITORIAL SERVICES CERTIFICATE OF NONDISCRIMINATION On behalf of the bidder making this bid, the undersigned certifies that there will be no discrimination in employment with regards to marital status, sexual orientation, ancestry, medical condition, race, color, religion, sex, disability, or national origin; that all federal, state, and local directives and executive orders regarding nondiscrimination in employment will be complied with; and that the principle of equal opportunity in employment will be demonstrated positively and aggressively. BIDDER By: (Name and title of person making certification) Date 2l CITY OF BURLINGAME, CALIFORNIA JANITORIAL SERVICES CONTRACTOR'S NONDISCRIMINATORY EMPLOYMENT CERTIFICATE Certificate Generallv Consistent with a policy of nondiscrimination in employment on contracts of the City of Burlingame and in furtherance of the provisions of Section 1735 and 1777.6 of the California Labor Code a "contractor's obligation for nondiscriminatory employment certificate" as hereinafter set forth shall be attached and incorporated by reference as an indispensable and integral term ofall bid specifications and contracts of the City of Burlingame for the construction, repair, or improvement of public works. Contents of Certificate The Contractor's obligation for nondiscriminatory employment is as follows In performing the work of this contract, the Contractor agrees as follows: 1. The Contractor will not discriminate against any employee or applicant for employment because of race, creed, color, national origin, ancestry, sexual orientation, political affiliation or beliefs, sex, age, physical handicap, medical condition, marital status or pregnancy (as those terms are defined by the California Fair Employment and Housing Act - Government Code Section 12900-12996), except where such discrimination is based on a bona fide occupational qualification. The Contractor will take positive action or ensure that applicants are employed, and that employees are treated during employment, without regard to their race, creed, color, national origin, ancestry, sexual orientation, political affiliation or beliefs, sex, age, physical handicap, medical condition, marital status or pregnancy (as those terms are defined by the California Fair Employment and Housing Act - Government Code Section 12900-12996), except where such discrimination is based on a bona fide occupational qualification. Such action shall include but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the City of Burlingame setting forth the provisions of this nondiscrimination clause. 2. The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, creed, color, national origin, ancestry, sexual orientation, political affiliation or beliefs, sex, age, physical handicap, medical condition, marital status or pregnancy (as those terms are defined by the Califomia Fair Employment and Housing Act - Govemment Code Section 12900-12996), except where such discrimination is based on a bona fide occupational qualifi cation. 3. The Contractor will send to each labor union or representative of workers, with which the Contractor has a collective bargaining agreement or other contract or understanding, a notice to be provided by the City of Burlingame advising the said labor union or workers' representative of the Contractor's commitments under this provision, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 22 4. The Contractor will permit access to the Contractor's records of employment, employment advertisements, application forms, and other pertinent data and records by the City of Burlingame, the Fair Employment Practices Commission, or any other appropriate Agency of the State designated by the City of Burlingame for the purposes of investigation to ascertain compliance with the Contractor's Obligation for Nondiscriminatory Employment provisions of this contract, or Fair Employment Practices statute. 5. A finding of willful violation of the nondiscriminatory employment practices article of this contract or of the Fair Employment Practices Act shall be regarded by the City of Burlingame as a basis for determining that as to future contracts for which the Contractor may submit bids, the Contractor is a "disqualified bidder" for being "non-responsible". The City of Burlingame shall deem a finding of willful violation of the Fair Employment Practices Act to have occurred upon receipt of written notice from the Fair Employment Practices Commission that it has investigated and determined that the Contractor has violated the Fair Employment Practices Act and has issued an order under Labor Code Section 1426 or obtained an injunction under Labor Code Section1429. Upon receipt of any such written notice, the City of Burlingame shall notify the Contractor that ,n|.r. he or she demonstrates to the satisfaction of the City of Burlingame within a stated period that the violation has been corrected, he or she shall be declared a "disqualified bidder" until such time as the Contractor can demonstrate that he or she has implemented remedial measures, satisfactory to the City of Burlingame, to eliminate the discriminatory employment practices with constituted the violation found by the Fair Employment Practices Commission. 6. Upon receipt from any person of a complaint of alleged discrimination under any City of Burlingame contract, the City of Burlingame Administrator shall ascertain whether probable cause for such complaint exists. If probable cause for the complaint is found, the Administrator shall request the City Council to hold a public hearing to determine the existence of a discriminatory practice in violation of this contract. In addition to any other remedy or action provided by law of the terms of this contract, the Contractor agrees that, should the Council determine after a public hearing duly noticed to the Contractor that the Contractor has not complied with the nondiscriminatory employment practices provisions of this contract or has willfully violated such provisions, the City of Burlingame may, without liability of any kind, terminate, cancel, or suspend this contract, in whole or in part. In addition, upon such determination the Contractor shall, as a penalty to the City of Burlingame, forfeit a penalty of $25.00 for each calendar day, or portion thereof, for each person who was denied employment as a result of such noncompliance. Such monies shall be removed from the Contractor. The City of Burlingame may deduct any such penalties from any monies due the Contractor from the City of Burlingame. 23 CITY OF BURLINGAME, CALIFORNIA JANITORIAL SERVICES CERTIFICATION OF PAYMENT OF PREVAILING WAGE SCALE On behalf of the bidder, the undersigned certifies that the Prevailing Wage Scale, as determined by the Director of Industrial Relations of the State of California, as hereafter modified by the Department of Industrial Relations, will be the minimum paid to all janitors/cleaners working under the contract to be awarded under this bid process. Pursuant to section 1773 of the Labor Code, the general prevailing wage rates in the county, or counties, in which the work is to be done have been determined by the Director of the California Department of Industrial Relations. A copy of the correct determination will be posted at the job site. It is understood that it is the responsibility of the bidder to determine the correct scale. The undersigned understands that weekly certified payrolls must be submitted for verification. BIDDER By: (l{ame and title of person making certification) Date Questions shall be addressed to:Department of Labor Relations Division of Labor Statistics and Research Prevailing Wage Unit 45 Fremont Street, Suite I160 P. O. Box 420603 San Francisco, CA 94142-0603 24 CITY OF BURLINGAME, CALIFORNIA JANITORIAL SERVICES CERTIFICATION OF REQUIREMENT TO PAY WORKERS' COMPENSATION I am aware of the provisions of Section 3700 of the Labor Code that require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. BIDDER By: (Name and title of person making certification) Date 25 CITY OF BURLINGAME, CALIFORNIA JANITORIAL SERVICES BIDDER'S BOND KNOW ALL PERSONS BY THESE PRESENTS That as Principal, and as Surety, are held and firmly bound unto the City of Burlingame, a municipal corporation of the State of California (hereinafter called "City") in the penal sum of ten percent (10%) of the total aggregate amount of the bid of the Principal above named, submitted by said Principal to the City for the work described below, for the payment of which sum in lawful money of the United States, well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. In no case shall the liability of the Surety hereunder exceed the sum of )Dollars The condition of this obligation is such that a bid to the City for certain janitorial services specifically described as follows, for which bids are to be opened on Thursday, March 15, 2018, at2:30 p.m., has been submitted by Principal to City: Janitorial Services to the City of Burlingame, Califomia NOW THEREFORE, if the Principal is awarded the Contract and within the time and manner required under the Specifications, after the prescribed forms are presented to the Principal for signature, enters into a written contract, in the prescribed form, in accordance with the bid, and a bond with the City to guarantee payment for labor and materials as provided by law as well as files insurance certificates and equal employment opportunity documentation required under the bid, then this obligation shall be null and void; otherwise, it shall remain in full force. In the event suit is brought upon said bond by City, and judgment is recovered, the Surety shall pay all costs incurred by City in such suit, including a reasonable attomey's fee to be fixed by the Court. 26 (s IN WITNESS WHEREOF, we have hereunto set our hands and seals on this day of 2018. NOTE: Attach notary acknowledgement for signatures of those executing for Principal and Surety 27 CITY OF BURLINGAME, CALIFORNIA JANITORIAL SERVICES BOND FOR SECURITY OF LABORERS AND MATERIAL PERSONS WHEREAS, the City Council of the City of Burlingame, State of California, and (hereinafter designated as "Principal") have entered into an agreement whereby Principal agrees to install and complete certain designated public improvements, which said agreement, dated 2018, and identified as , is hereby referred to and made a part hereof; and WHEREAS, under the terms of said agreement, Principal is required before entering upon the performance of the work, to file a good and sufficient payment bond with the City of Burlingame to secure the claims to which reference is made in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code of the State of California. NOW, THEREFORE, said Principal and the undersigned as Corporate Surety, are held firmly bound unto the City of Burlingame and all Contractors, subcontractors, laborers, material persons and other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Civil Code in the sum of dollars ($ ), for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City in successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit ofany and all persons, companies and corporations entitled to file claims under Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in fulI force and effect. The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of said agreement or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension, alteration or addition. 28 IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on , 2018. PRINCIPAL SURETY By:By: Address NOTE: Attach notary acknowledgement for signatures of those executing for Principal and Surety 29 THIS AGREEMENT ("Agreement"), made and entered into by and between the CITY OF BURLINGAME, a municipal corporation, hereinafter called "City", and . hereafter called "Contractor," collectively referred to as the "Parties." WITNESSETH: WHEREAS, the City Council authorized and the Department of Public Works issued an invitation for bids for the JANITORIAL SERVICES ("City Project"). WHEREAS, on March 15, 2018, at2:30 p.m., all bids received were opened in public, in the Office of the City Clerk at 501 Primrose Road, Burlingame, California; and WHEREAS, the bid from Contractor was determined to be the lowest responsive and responsible bid for the City Project in the amount of ; and WHEREAS, City and Contractor desire to enter into this Agreement for the services described in the Bid and Notice to Contractors. NOW, THEREFORE, IT IS AGREED by the parties hereto as follows: l. Scope of work. Contractor shall perfonn the work as described in the Bid and Notice to Contractors. Contractor's executed Scope of Work is attached hereto as Exhibit A and incorporated by reference. 2. The Contract Documents. The complete contract consists of the following documents: this Agreement, Bid and Notice to Contractors, the Bid Summary Sheet, the accepted bid, and are hereinafter referred to as the Contract Documents. All rights and obligations of City and Contractor are fully set forth and described in the Contract Documents. All of the above described documents are intended to cooperate so that any work called for in one, and not mentioned in the other, or vice versa, is to be executed the same as if mentioned in all said documents' 3. Contract Price. The City shall pay, and the Contractor shall accept, in full, payment not to exceed the sum of (Dollar amount) (S00.00). In the event work is performed or materials fumished in addition to those set forth in Contractor's Bid and the Specif,rcations, such work and materials 30 AGREEMENT FOR CITY JANITORIAL SERVICES will be paid for at the unit (section) prices therein contained. Said amount shall be paid in progress payments as provided in the Contract Documents. 4. Provisions Cumulative. The provisions of this Agreement are cumulative and in addition to and not in limitation of any other rights or remedies available to the City. 5. Notices. All notices shall be in writing and delivered in person or transmitted by certified mail, postage prepaid. Notices required to be given to the City shall be addressed as follows: Facilities Division Manager City of Burlingame Public Works Department 1361 N. Carolan Avenue Burlingame, Califomia 94010 (6s0) ss8-7670 l Notices required to be given to Contractor shall be Contractor Name Contractor Address Contractor Phone/Email address 6. Intemretation. As used herein, any gender includes the other gender and the singular includes the plural and vice versa. 7. Termination The City reserves the right to terminate this Agreement for failure of the Contractor to perform the work according to the Bid Specifications. 8. Insurance Contractor, at its own cost and expense, shall carry, maintain for the duration of the Agreement, and provide proof thereof, acceptable to the City, the insurance coverages specified in Exhibit B, "City Insurance Requirements," attached hereto and incorporated herein by reference. Contractor shall demonstrate proof of required insurance coverage prior to the commencement of services required under this Agreement, by delivery of Certificates of Insurance and original endorsements to City. The City shall be named as a primary insured. addressed as follows 3l 9. Indemnification The Contractor shall indemnify, defend, and hold City, its directors, officers, employees, agents, and volunteers harmless from and against any and all liability, claims, suits, actions, damages, and causes of action arising out of, pertaining or relating to the negligence, recklessness or willful misconduct of Contractor, its employees, subcontractors, or agents, or on account of the performance or character of the Services, except for any such claim arising out of the sole negligence or willful misconduct of the City, its officers, employees, agents, or volunteers. It is understood that the duty of Consultant to indemnify and hold harmless includes the duty to defend as set forth in section 2778 of the Califomia Civil Code. Acceptance of insurance certificates and endorsements required under this Agreement does not relieve Contractor from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply whether or not such insurance policies shall have been determined to be applicable to any of such damages or claims for damages. This indemnification and hold harmless clause shall survive the termination of this Agreement. 10. Compliance with All Laws In the performance of this Agreement, Conffactor shall abide by and conform to any and all applicable laws of the United States and the State of California, and all ordinances, regulations, and policies of the City. Contractor warrants that all work done under this Agreement will be in compliance with all applicable safety rules, laws, statutes, and practices, including but not limited to CallOSHA regulations. If a license or registration of any kind is required of Contractor, its employees, agents, or subcontractors by law, Contractor warrants that such license has been obtained, is valid and in good standing, and Contractor shall keep it in effect at all times during the term of this Agreement, and that any applicable bond shall be posted in accordance with all applicable laws and regulations. 32 IN WITNESS WHEREOF, Contractor and City execute this Agreement. CITY OF BURLINGAME 501 Primrose Road Burlingame, CA 94010 CONTRACTOR Lisa K. Goldman City Manager Meaghan Hassel-Shearer City Clerk Approved as to form: Kathleen Kane City Attorney Attachments: Exhibit A Name Title F Employer JJ T)qfc'T\ ^+^. A ffaof. License \T,,*L^-. 1.1 CITY OF BURLINGAME, CALIFORNIA JANITORIAL SERVICES 1.0 GENERAL PROVISIONS RESTRICTED PERSONNEL: No visitors, guests, pets, or companions other than bonded personnel will be permitted inside any City facility any time the facility is not open to the public at large, nor may such persons enter the areas not open to the public at large at any time. 1.2 .NO SMOKING" POLICY: The City of Burlingame has established a'No Smoking" policy stating that smoking shall not be permitted inside any City building or facility. Janitors and supervisors must comply with this ordinance. 1.3 MEDIATION: Should any dispute arise out of this Agreement, any party may request that it be submitted to mediation. The parties shall meet in mediation within 30 days of a request. The mediator shall be agreed to by the mediating parties; in the absence of an agreement, the parties shall each submit one name from mediators listed by the American Arbitration Association, the Peninsula Conflict Resolution Center, or other agreed-upon service. The mediator shall be selected by a "blindfolded" process. The cost of mediation shall be borne equally by the parties. Neither party shall be deemed the prevailing party. No party shall be permitted to file a legal action without first meeting in mediation and making a good faith attempt to reach a mediated settlement. The mediation process, once commenced by a meeting with the mediator, shall last until agreement is reached by the parties but not more than 60 days, unless the maximum time is extended by the parties. 1.4 NONDISCRIMINATION POLICY: It is the policy of the City of Burlingame that all qualified persons are to be afforded equal opportunities of employment on any contract entered into with the City. 1.5 BIDDER: In order to promote the policy declared above, the contract will be awarded only to such bidders as are determined to meet the required service. The bidder who offers to perform the work involved according to the Contract Documents for the least amount of money; provided the bidder has the ability, capacity and, when necessary, the required State or other license. 1.6 NOTICE TO SOURCES OF EMPLOYEE REFERRALS: The successful bidder and each subcontractor will send to the State of Califomia Employment Development Department and to each labor union, employment agency, and representative of workers with which he has a collective bargaining agreement or other contract or understanding and from which he expects employee referrals, a notice, as provided by the City, with a copy to the City, advising of the commitments under these specifications. ATION IN EMP Each successful bidder shall post on the job site and in the field office or offices maintained by him, the notice provided by the City regarding Nondiscrimination in Employment. 1.7 34 1.8 INSURANCE: Contractor shall procure and maintain for the duration of the Contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, Contractor's agents, representatives, employees or subcontractors. The cost of such insurance shall be included in the Contractor's bid. (a) Minimum Scope of lnsurance Coverage shall be at least as broad as: (l) lnsurance Services Office form number GL 0002 (Ed. 1/73) covering Comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability; or lnsurance Services Office Commercial General Liability coverage ("occurrence" form GC 0001). (2) Insurance Services Office form number CA 0001 (Ed. 1/78) covering Automobile Liability, code 1 "any auto" and endorsement CA 0025. (3) Worker's Compensation insurance as required by the Labor Code of the State of Californi a and Employers Li ability insurance. (b) Minimum Limits of Insurance Contractor shall maintain limits no less than: (1) General Liability: $2,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this Project/location or the general aggregate limit shall be twice the required occurrence limit. (2) Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage. (3) Workers'Compensation and Employers Liability: Worker's compensation limits as required by the Labor Code of the State of Califomia and Employers Liability limits of $ 1,000,000 per accident. (c) Deductibles and Self-insured Retentions Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses. (d) Other Insurance Provision 3s The policies are to contain, or be endorsed to contain the following provision: (1) General Liability and Automobile Liability Coverages (A) The City of Burlingame, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Contractor, products and completed operations of the Contractor, premises owned, occupied or used by the Contractor, or automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City of Burlingame, its officers, officials, employees, or volunteers. The endorsement providing this additional insured coverage shall be equal to or broader than ISO Form CG 20 10 11 85 and must cover joint negligence, completed operations, and the acts ofsubcontractors. (B) The Contractor's insurance coverage shall be primary insurance as respects the City of Burlingame, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City of Burlingame, its officers, officials, employees, or volunteers shall be excess of the Contractor's Insurance and shall not contribute with it. (C) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City of Burlingame, its officers, officials, employees, or volunteers. (D) The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (2) Workers'CompensationandEmployersLiabilityCoverage The insurer shall agree to waive all rights of subrogation against the City of Burlingame, its officers, officials, employees, or volunteers for losses arising from work performed by the Contractor for the City of Burlingame. (3) All Coverages Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty days prior written notice by certified mail, retum receipt required, has been given to the City of Burlingame. (e) Acceptability of lnsurers Insurance is to be placed with insurers with a Best's rating of no less than A-:VII and be authorized to conduct business with regard to the proffered lines of insurance in the State of California. 36 t.9 (f) Verification of Coverage Contractor shall fumish the City with certificates of insurance and with original endorsements effecting coverage required by this clause. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be on forms approved by the City. All certificates and endorsements are to be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. (g) Subcontractors Contractor shall include all subcontractors as insureds under its policies or shall fumish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. HOLD HARMLESS AND INDEMNITY PROVISION: To the fullest extent permitted by law, the Contractor shall save, keep and hold harmless indemnify and defend the City its officers, agent, employees and volunteers from all damages, liabilities, penalties, costs, or expenses in law or equity, including but not limited to attomeys' fees, that may at any time arise, result from, related to, or be set up because of damages to property or personal injury received by reason of, or in the course of performing work which may be occasioned by the work performed by the Contractor, or by any of the Contractor's officers, employees, or agents or any subcontractor, under this Agreement, or by the presence or activities conducted at the site of the work to be performed under this Agreement of the Contractor or any of the Contractor's officers, employees, or agents or any subcontractor. The duty to defend under this paragraph is wholly independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor. The duty to defend arises immediately upon presentation of a claim by any party and written notice of the claim being provided to the Contractor. This paragraph shall not apply if the damage or injury is proximately caused by the sole negligence or willful misconduct of the City, its officers, agents, employees, or volunteers. 1.10 ATTORNEY FEES: Attorney fees in amount not exceeding $85 per hour per attorney, and in total amount not exceeding $5,000, shall be recoverable as costs (that is, by the filing of a cost bill) by the prevailing party in any action or actions to enforce the provisions of this contract. The above $5,000 limit is the total of attorney fees recoverable whether in the trial court, appellate court, or otherwise, and regardless of the number of attorneys, trials, appeals or actions. It is the intent that neither party to this contract shall have to pay the other more than $5,000 for attorney fees arising out of an action, or actions, to enforce the provisions of this contract. The parties expect and hope there will be no litigation and that any differences will be resolved amicably. 1.1 1 COST ADJUSTMENT: The City of Burlingame reserves the right to either increase or decrease the scope of work of the contract depending on the budget availability by no more or less than 25%. I.I2 PENALTIES Contractor shall incur a flat rate penalty fee of $100.00 to be deducted from subsequent contract monthly billing for any and each of the following incidents: 37 Failure to perform contract, neglect, or oversight. Delay of more than two working days in completing services per City approved work schedule. Flat rate fee will accrue for every day beyond the five working day grace period. Facilities Division Manager shall be the sole judge of any performance discrepancies and resulting penalties. 1.I3 TERMINATION: Without cause, the City of Burlingame may terminate this contract at any time with thirty (30) days written notice to the Contractor. With cause, the City of Burlingame may terminate this contract at any time with ten (10) days written notice to the Contractor for significant failure to perform or other material breach of contract. This would include, without being limited to: (a) omission of any daily task (as outlined in Section 2.18 Schedule of Work to be Performed) any successive days or 5 days a month or unsatisfactory performance over a 30-day period of time; (b) omission of any weekly task twice in succession or unsatisfactory performance over a 30-day period of time; (c) omission of any monthly task twice or unsatisfactory performance after being notified; (d) disregarding repeated requests from staff for corrections in performance of work; and (e) violation of restricted personnel provisions in Section 1.1 on two occasions. The "Fidelity Bond" shall be for $100,000 to cover the bidder's employees against loss due to dishonesty, disappearance, or destruction. Before execution of the contract by the City, the Contractor shall file with the agency a surety bond satisfactory to the City for the purpose noted herein. The bond shall be duly executed by a responsible corporate Surety, authorized to issue such bonds in the State of California and secured through an authorized agent with an office in Califomia. The Contractor shall pay all bond premiums, costs, and incidentals. The bond shall be signed by both the Contractor and Surety and the signature of the authorized agent of the Surety shall be notarized. I.I4 COST ADJUSTMENT: Unless otherwise authorized in writing by the City, Contractor shall comply with Labor Code Sections 1774 and 1775. The current schedule of prevailing wage rates supplied by the State Department of Industrial Relations can be found at www.dir.ca.gov/OPRl/PWD/index.htm or by writing to the Department of Labor Relations (see page 24 for address). The City shall not supply copies of this schedule for posting on the job site unless specifically requested to do so by the Contractor. If the Contractor intends to use a craft or classification not shown on the general prevailing wage determinations, it may be required to pay the wage rate of the craft or classification most closely related to it as shown in the general determinations effective at the time of the purchase order. If the Contractor intends to use a craft or classif,tcation not shown, it shall notify the City at least frve (5) working days before the execution of the purchase order. It is the Contractor's obligation to ensure that prevailing wages are paid on this project in conformance with State law and regulations. a. b. 38 1.15 1.15 CALIFORNIA LABOR CODE - SECTION 1060-1065: CHAPTER 4.5. DISPLACED JANITOR OPPORTIINITY ACT: The Displaced Janitor Opporrunity Act requires janitorial contractors and subcontractors that secure a new building service contract to continue employing the janitors of the former contractor or subcontractor for a 60-day transition employment period. At the end of the 60-day transition employment period, the new contractor is required to provide a written evaluation of each janitor's job perfornance and to continue employing janitors whose performance has been satisfactory. The law applies to janitorial companies with at least 25 janitors. END OF GENERAL PROVISIONS 39 2.0 SPECIAL PROVISIONS 2.1 EXAMINATION OF THE SITES: The bidder shall examine carefully the site of the work contemplated and the bid and contract forms therefor. The submission of a bid shall be conclusive evidence that the bidder has investigated and is satisfied as to the conditions to be encountered, as to the character, quality and scope of work to be performed, the quantity of materials to be furnished and as to the requirements of the Contract Documents. The bidder represents that he or she is fully qualified to perform this examination and review. If the bidder determines that any portion of the site or the Contract Documents present any interpretation problems of any kind, the bidder shall note such a determination upon this bid form. Failure to note any such determination shall be conclusive evidence of acceptance by the bidder of the sufficiency of the Contract Documents. 2.2 WORK SCHEDULES: Janitorial work is generally to be performed during "off hours" to minimize interference with normal building use. The Janitorial Contractor will provide twenty-fow (24) hour emergency response service seven days a week. Contractor shall respond to the work site within 2 hours of emergency request notification. 2.3 CONTRACT SUPERVISION: A Contractor Supervisor will inspect the contract work at least once per week and determine if quality of standards are being met. This supervisor is to be designated by the Contractor to work closely with facility managers at each building. The Facilities Division Manager will provide a list of such managers to the Contractor. The company supervisor is to inspect the work not less than once a week at a designated time and communicate with each facility manager not less than every two weeks. All supervisory personnel shall have the ability to communicate effectively in the English language. 2.4 STAFFING: Contractor shall guarantee that all employees shall be satisfactory to City facility management. CONFERENCE PRIOR TO START OF WORK: After the contract is awarded, the Janitorial Contractor, or his designated representative and his employees who will be doing the janitorial work, shall attend the Conference for the purpose of reviewing the specifications. 2.6 OUALIFICATIONS OF EMPLOYEES : The City of Burlingame may require removal from janitorial work or supervision, those Contractor employees, which it deems incompetent, careless or otherwise objectionable to the public interest. The Contractor shall provide at the commencement of the contract a complete list of all employees assigned to perform the contract work. All of the Contractor's employees will be required to wear a company uniform, identifying Contractor and employee, and shall carry proper visible identification on their person at all times. Contractor will provide names of employees who will be working at City sites. Contractor shall notify the facility manager at each service location or his/her representative immediately in writing of all changes in contract personnel by submitting name and address of employee and effective date of employment or termination. Upon written notice by a City employee that the conduct of any Contractor's personnel is detrimental to the best interests of the public or City, Contractor shall take 40 2.5 2.7 2.8 appropriate action and fumish evidence satisfactory to a City employee of the timely correction of such deficiency. When in the opinion of the City, an employee constitutes a security risk, his/her employment on the contract will be denied. The Contractor shall assign only employees with cleared Live Scan background results to perform daily janitorial work or supervision at all City facilities. Contractor must use City issued Live Scan forms. SUPPLIES & EOUIPMENT: The Contractor shall fumish and keep in good working order all necessary tools and equipment such as, but not limited to cleaners, mops, brooms, buffers, ladders, hoses, vacuums, etc., and the City may purchase supplies such as, but not limited to, paper and sanitary supplies, liquid hand soap; hair & body shampoo; urinal screens, waste can liners and batteries from the Contractor. All supplies and/or equipment used by the Contractor must be approved by the Public Works Facilities Division Manager, or his designee. The City may request a change of products to obtain a more satisfactory appearance, odor or other improvement. Any non-complying equipment or supplies shall be changed out at the request of the Supervisor or his designee. Contractor shall f,rll all restroom dispensers daily. Janitorial closets areas shall be kept clean and free of debris and odor at all times. All supplies and equipment shall be sorted in a neat and orderly manner and in such a way as to prevent injury to City or Contractor's employees. An equipment inventory is to be kept with the Contractor's on-site supervisor. All products used by the Contractor shall meet all EPA and Cal OSHA standards. The City will not be held liable for contractor's failure to comply with these requirements. All products/chemicals will have proper identifying labels affixed to them as well as secondary containers (i.e., spray bottles). Any chemical used in the perforrnance of the contract work shall have the appropriate Material Safety Data Sheet in a labeled safety finder in each arealcloset in which they are stored. If the City purchases janitorial supplies from the Contractor, the Contractor shall supply to the City an itemized expenditure report for the actual monthly costs for supplies used for each facility. Contractor and City shall meet two (2) times annually to review such supply cost. Should the actual cost vary significantly from the City's estimated monthly cost, the contract administrator shall negotiate to make equitable adjustments in such situations. STORAGE: All supplies and equipment will be stored at site by the Contractor in a neat and orderly manner in locked janitorial closets which are to be kept as clean as any other portion of the building for City work only. All cleaning agents shall be clearly labeled. Any hazardous material stored at City sites must be approved in writing by the Facilities Division Manager. 4l 2.9 CO TIONS The Contractor shall provide a telephone number for urgent/emergency requests and an email address to communicate non-urgent requests. Contractor shall respond within l5 minutes by phone for urgent/emergency requests. 2.TO SUPERVISION: The Contractor will assign a supervisor to provide a minimum of three (3) site visits per week during all scheduled cleaning hours. This janitorial supervisor will be required to speak, read and understand English. A weekly janitorial supervisor's report shall be emailed to the City's Facilities Division Manager or his designee noting any building deficiencies needing correction. Site supervisor shall carry a cell phone or pager by which the City staff will be able to communicate with him/her. The Contractor shall provide a list of all employees assigned to each work site. The list shall include name, site and the employee's work schedule. 2,II INSPECTION OF PREMISES: The Contractor shall inform each employee that the employee shall be required to sign a "Verification of Services Performed Log" each day after work is completed and record the start and end time of their work each day. This log will be located at each service location. The supervisor shall inspect and rate the level of service performed during his or her site visits. The log shall be posted at all times. The Contractor shall provide and install a time clock for the janitors to use if the City deems necessary. 2.12 CLEANING OUALITY REOUIREMENTS: Services performed under this contract shall meet Section2.l8. First quality cleaning and provision of restroom supplies will be required. Careless performance of the contract work will not be tolerated. Unsatisfactory work will be called to the attention of the Contractor and shall be required to correct the work deficiencies within four (4) hours and improve the overall work results to the satisfaction of the facility manager or his/trer representative. Contractor shall respond to the work site within (1) hour should unsatisfactory work cause an unsafe condition as determined by the City. Failure by the Contractor to comply with such requests will result in a penalty of $100 per occurrence and cost charged by others to perform the corrective work and may result in termination of the contract. Notification of unsatisfactory work shall be deemed given as soon as the City leaves telephone or fax message notifying Contractor of unsatisfactory work. Contractor shall provide telephone and fax numbers for this purpose. 2.13 SECURITY: All areas shall be locked and the lights turned off when cleaning in each area has been completed. Security lights (as directed) shall be tumed on prior to leaving the facility. Keys required by the Contractor will be fumished by the City to designated Contractor employees on a custody receipt and shall be returned to the City on demand. Any loss of keys must be reported to the City representative immediately. Building keys are to be made only by the City. A lost or stolen building key will jeopardize the security of that particular City facility and the Contractor shall be completely responsible for all cost incurred by the City in re-keying the lock system. Contractor is advised that this process could be very costly. 42 Security systems (where installed) shall be properly disarmed and atmed each time after-hours access is made. All exiting doors are to remain locked while the Contractor is in the space, except for designated doors to remain open for meetings. Do not block open occupant or exterior doors for any reason. Close and lock any exterior windows. Contractor will be charged for false alarms due to buildings left unsecured. 2.14 CLEANING SCHEDULES: The successful Contractor will be required to furnish to each facility manager (or his/her representative) a yearly work schedule(s). Please refer to the "Schedule of Work to be Performed" and "special Building Provisions" on pages 43-60. 2.15 CLEANNG HOURS AND HOLIDAYS: Cleaning hours: L Citv Hall is to be provided (5) days per week; Monday to Friday between the hours of 6 pm to 6 am. 2. Main Library is to be provided (7) days per week between the hours of 10 pm to 6 am. 3. Easton Librarv is to be provided (3) days per week; Monday, Wednesday and Friday between the hours of 10 pm to 6 am. 4. Recreation Center is to be provided seven (7) days per week between the hours of 10 pm to 6 am. 5. Donnellv Garase is to be provided (3) days per week; Monday, Wednesday and Friday between the hours of 6 pm to 6 am. 6. Public Works Corp Yard is to be provided (5) days per week; Monday to Friday between the hours of 6 pm to 6 am. 7. Police Station is to be provided (6) days per week; Monday to Friday between the hours of 6 pm to 6 am., and Sunday between the hours of 8 am to 8 pm. 8. Villaee Park Preschool is to be provided (5) days per week; Monday to Friday between the hours of 4 pm to 6 am. g. Parks Corp Yard is to be provided (2) days per week; Monday and Thursday between the hours of 6 pm to 6 am. The Contractor shall make himself/herself aware of current meeting schedules, holidays and other work routines within the facility and conduct his work in such a manner as to cause no interference with the execution of City business. 43 Holidays: There are eleven (11) City holidays on which the Contractor may need to provide service to City facilities, upon request from the Facilities Division Manager. Contractor shall list an hourly rate per person for holiday work, if required. Public Works Corp Yard observes one additional holiday, Admissions Day (usually on September 9). HOLIDAYS New Year's Day Martin Luther King, Jr's Birthday Presidents Day Memorial Day Independence Day Labor Day Columbus Day Veterans Day Thanksgiving Day Day after Thanksgiving Christmas Day Admissions Day (PW Com Yard only) 2.16 RECYCLABLEMATERIALS: The Contractor will be required to collect recyclable materials separated by staff. The Contractor shall keep recyclable materials separated and consolidate those materials into the appropriate containers for that facility. The recycled materials that will be collected and handled separately will include Mixed Paper, Cardboard, Recyclable Cans and Bottles, and Other Materials as designated by the City. There shall be no cross contamination of separated recyclable materials by the Contractor nor shall these recyclable materials be discarded as trash. Cardboard boxes will be broken down by the Contractor when left in designated areas and will be handled and consolidated as Mixed Paper. The Contractor understands that there may be changes, additions or even reductions to the number of categories or handling of recyclable materials, due to the availability of new recycling or more consolidated recycling opportunities. The following recycling issues will be reported to the appropriate City staff person by the contract supervisor: Contamination: recycling bins that are consistently contaminated with garbage or inappropriate materials for that container. Recyclables in Garbage: garbage cans that are consistently rich in recyclable paper, bottles, cans or cardboard. Disrepair: disrepair of recycling bins affecting the proper handling of recyclables. Insufficient Capacity: recycling bins that are consistently overflowing or unable to handle the load of materials. Non-Participation: evidence that common recycling practices are being ignored in specific areas or by specific employees. 2.17 DEFINITIONS: Prestige service requires regularly scheduled cleaning of surfaces regardless of whether dirt is visible. Examples include daily cleaning of counters and regular vacuuming of carpeted areas. Basic service entails the cleaning of visible dirt from surfaces. 44 Floor Coverings: Floor coverings vary in each building. They may include, but not be limited to: carpet, vinyl, terrazzo, ceramic tile, concrete, and wood floor coverings. The Contractor shall be responsible for performing the prescribed and appropriate cleaning method for each type of floor covering. A double mop system shall be used. Restroom mops shall be different from all other areas. Carpeted Floors and Floor Mats: Vacuum carpets with an industrial-grade vacuum. Vacuum the entire carpeted area, including under chairs, tables, around furniture legs and other easily moved items. Return moved items to their original position. Pick up staples and other hard to remove items by hand if necessary. Vacuum hard to reach areas such as behind desks and fumiture as needed. The carpet shall be free of visible dirt, litter, and soil. Inspect carpet for spots and remove immediately. Remove spots with an appropriate industrial- grade spot-removing solution using the manufacturer's recommended techniques. Carpet spots are dirty spots on the carpet that are less than one (1) square foot in size. Report any tears, burns or unraveling to the Facilities Division Manager. Clean and extract all carpets as specified in contract with approved equipment and materials. Follow manufacturer's recommendations for proper cleaning procedures. Provide 48 hours' notice to City representative prior to performing this service at each location. City approval of work schedule must be received before proceeding. 2,18 SCHEDULE OF WORK TO BE PERFORMED: The following services shall be performed in all buildings. All equipment and materials shall be used per manufacturer's directions for each application. See the "building provisions" listed under each building for additional specifications which are specific to each site and may include or vary from these services. (Continued on next page) 45 CITY OF BURLINGAME, CALIFORNIA JANITORIAL SERVICES 2.18 SCHEDULE OF WORK TO BE PERFORMED (continued) DIY: Pu',, Wkly = Weekly Mthly: Monthly Qrtly: Quarterly YrlY: YearlY Continued on next page, General Guidelines Frequency Service Description Dlv Wklv Mthly Qrtty Yrly Keep all doors locked while cleaning x Lock all doors and leave only designated lights on (when exiting)x Keep custodial closets neat and orderly x Gather trash and recycling and place in specific dumpsters x Keep receptacles clean and replace soiled liners x Clean lobby door glass inside and out x Clean all lobby entryway and exterior mats x Clean and sanitize receptionist countertops and work areas x Wipe down and sanitize drinking fountains x Clean stairwells x Spot clean all glass x Clean and sanitize door hardware and frames inside and out x Spot clean fingerprints on light switches and doors x Clean, dust, and align furniture x Report any occurrence that may be out of the ordinary x Clean and dust A/V equipment x Dust behind computers and under keyboards x Spot clean high traffic area carpets x Wipe and sanitize handrails x Clean elevator cabs and doors x Vacuum lobby carpet x Clean and polish door kick plates and thresholds x Dust all cleared work surfaces and low partition walls x x Sweep patios x High dust all cleared horizontal surfaces x Detail dust window ledges, blinds, picture frames & moldings x Clean lobby windows interior and exterior Clean window ledges and partitions x Clean and dust all overhead HVAC vents x Clean baseboards x Vacuum lobby upholstered fumiture x 46 Remove cobwebs x CITY OF BURLINGAME, CALIFORNIA JANITORIAL SERVICES 2.18 SCHEDULE OF WORK TO BE PERFORMED (continued) DIY: DailY Wkly: Weekly Mthly: Monthly Qrtly: Quarterly Yrly: Yearly ** Prestige service requires regularly scheduled cleaning ofsurfaces regardless ofwhether dirt is visible. Examples include daily cleaning of counters and regular vacuuming of carpeted areas. See Section 2.17 for additional information. Continued on next page Restrooms/ Showers/llolding Cells @restige service**) Frequency Service Description Dlv Wkly Mthly Ortly Yrly Clean and sanitize all dispensers and receptacles x Empty, clean, and disinfect sanitary napkin receptacles x Fill all dispensers x Clean and sanitize all fixtures, toilets and urinals x Clean and polish mirrors x Clean and sanitize all partitions doors, partitions and vanity surfaces x Clean and sanitize all floor and mats x Clean and disinfect showers x Clean and disinfect walls x Clean and flush floor and shower drains with hot water x Clean walls and exterior of lockers x Clean and polish all doors and hardware x Machine scrub all shower and restroom floors x Detail clean grout lines in shower walls x Kitchens/Break Rooms/Classrooms (Prestige service**) Frequency Service Description Dlv Wkly Mthlv Ortlv Yrlv Clean and sanitize countertops, sinks, tables, microwaves, cook tops, cabinet handles, refrigerator handles x Clean cabinet doors and Replenish supplies x Wipe down interior of refrigerator 2x 47 CITY OF BURLINGAME, CALIFORNIA JANITORIAL SERVICES 2.18 SCHEDULE OF WORK TO BE PERFORMED (continued) DIY: DailY WklY: WeeklY Mthly: Monthly Qrtly: Quarterly Yrly: Yearly END OF SPECIAL PROVISIONS Hard Floor Care Frequency Service Description Dlv Wkly Mthlv Qrtly Yrly Sweep, dust mop and/or damp mop all hard floor surfaces x Sweep, damp mop & disinfect all restroom and shower floors x Hardwood floors -Sweep and damp mop x Rec Center Dance Studio and Auditorium hardwood floors - strip and wax 2x Machine scrub all tile floors x Strip and wax VCT areas 2x Service Description Dlv Wkly Mthlv Qrtlv Yrly Vacuum Village Park Preschool and Rec Center carpeted meeting rooms x Spot clean high traffic area carpets x Vacuum all carpet x Spot clean all other carpet x Detail vacuum edges, under desks and around furniture x Shampoo and extract carpets x Shampoo and extract carpets at the Rec Center teen room and meeting rooms, all carpet at Village Park Preschool and Police Station break room, reports room and Dispatch 2x Frequency Service Description Dlv Wklv Mthly Qrtly Yrly Wash all interior perimeter glass x Wash all exterior perimeter glass x 48 Carpet Floor Care Frequency Utility Services 3.0 SPECIAL BUILDING PROVISIONS: These Special Building Provisions supplement the Special Provisions. All unit measures listed in all sections are estimates only. 3.1 CITY HALL. 501 Primrose Road City Hall houses the administrative offices in a two-story structure. The facility includes a Council Chamber for public meetings and two smaller Conference Rooms (A and B). o Gross area: 26,000 square feet (sq. ft.) o Floor covering: Approx. 14,033 sq. ft. of carpet and 6,140 sq. ft. of hard surface. o Space to be maintained: Approx. 20,209 sq. ft. and is comprised of the following: City Hall continued on next page. AREA SQUARE FEET TYPE COMMENTS Entryways (3)540 Aggregate Concrete 6 glass doors, 14 windows Lobby 729 Carpet General Office Area First floor Second floor 4,860 4,860 Carpet Carpet Private restroom in City Manager's office (sink & toilet) Meeting Rooms Council Chambers Caucus Room Conference Room A Conference Room B 2,430 270 384 216 Carpet Carpet Carpet Carpet Auditorium Restroom (1 sink & toilet) 6 tables; 25 chairs; coffee pots I table; 8 chairs Restrooms First Floor (3) Wmn's Lounge Area Second Floor 332 32 2t6 Tile / Carpet Carpet Tile 6 sinks, 5 toilets, 1 urinals Couch and tables 4 sinks, 4 toilets, 2 urinals Lunchroom / Breakroom 288 Vinyl 4 tables; 12 chairs Appliances: sink, refrigerator, microwave, coffee maker Other Areas: Mail room Stairs Elevator Garage 216 36 4,800 Carpet Linoleum Linoleum Concrete 30 Stairs, 8 landings Sweeping 49 CITY HALL. 501 Primrose Road (continued) BUILDING PROVISIONS: Council member parking signs need to be removed and stored at the proper locations on council meeting nights. Security: - The exterior doors at the City Hall complex will automatically lock at 5 p.m. - Tum lights on in working area only, and then turn off before leaving. - Keep all department main doors locked when area has been completed. Parking Garages: - Gather waste from all trash cans, place in specific dumpsters (Daily) - Clean elevator cabs and doors, polish inside and out (Daily) - Inspect and pick up debris (Weekly) - Remove cobwebs (Quarterly) - Sweep parking garage (Quarterly) aJ 50 1. 2. 3.2 MAIN LIBRARY.4SO PRIMROSE ROAD The main library is a three-story structure consisting of administrative offices, an atrium, conference room, and meeting room. o Gross area: 45,000 sq. ft. o Floor covering: Approx. 28,000 sq. ft. of carpet and 4,679 sq. ft. of hard surface. o Space to be maintained: Approx. 33,414 sq. ft. and is comprised of the following: Main library continued on next page. AREA SQUARE FEET TYPE COMMENTS Entryways (l)3,212 Ceramic Tile 2 doors I't Floor (ML) Circulation Desk Reference Children's Admin. 210 t54 91 Cork floor Cork floor Cork Floor Office Areas Lower level (LL) (2) Main level (ML) (2) Upper level (UL) r62 570 3,504 Carpet Carpet Carpet Main Administration Floor Meeting Rooms Lane Community Board Room Upper lever meeting 1 ,344 448 550 Carpet Carpet Carpet Study Rooms (3)Carpet Lower level (2) Main level (l) Hallways 1 1 56 Carpet Restrooms (7) Lower Level (2) Main Level (3) Upper Level (2) 324 360 r28 Ceramic Tile Ceramic Tile Ceramic Tile 3 sinks, 4 toilets, 2 urinal 5 sinks, 6 toilets, 2 urinal 4 sinks, 4 toilets, 2 urinal Stairways (3) Main Staircase Back of House Stairwells Ceramic Tile Resilient Flooring Concrete 5 landings, 6 sets of stairs between landings staff Elevator Public Elevator 50 50 Carpet Carpet Public Areas Lower level Main level Upper level 7,662 9,926 4,063 Carpet Carpet Carpet Patrons daily Windows (172) Wooden blinds (46) Mini-Blinds (63) Includes t2 Patio Doors Public Areas Administration Areas 51 a a a MAIN LIBRARY.480 PRIMROSE ROAD (continued) BUILDING PROVISIONS Provide detail step by step schedule of daily cleaning. Keep all toilet seats down after cleaning. Wipe and sanitize all public tables, study stations and internet stations daily (desk and keyboards). Services not required (unless requested & approved): - cleaning of kitchen/break room/ administration offices - emptying garbage and recycling for offices & kitchen/break room Dusting: - dusting of tops of book shelves and wooden blinds throughout facility including administration office areas shall be dusted once a month Storage of Equipment: - any and all equipment kept on property must be marked with company name and kept in designated room(s) in a clean working order Damp mop ceramic tile on all levels on a weekly basis. This may require more frequency in winter months/rainy weather. Elevators: wipe down all walls/panels. Check and clean the Lane Community Room as needed. Front porch, empty trash daily and sweep every Monday. Machine scrub all restroom floors monthly as indicated in the Section 2.18 Schedule of work to be performed. Dust the main staircase ledges monthly 1 2. J 4. 5. 6. 7. 8. 9. 52 3.3 EASTON LIBRARY. 1800 Easton Drive The Easton branch library is a one-story structure consisting of two restrooms, an administrative office and an open area with tables, computer terminals and bookshelves. o Gross area: 2,500 sq. ft. o Floor covering: Approx. 700 sq. ft. of carpet, 1,400 sq. ft. of hardwood, and 400 sq. ft. of ceramic tile. o Space to be maintained: Approx. 2,500 sq. ft. and is comprised of the following: BUILDING PROVISIONS: 1. Clean all hard floors on nights of service. AREA SQUARE FEET TYPE COMMENTS Entryway (1)50 Carpet 2 glass doors Main Room 1,100 Wood Children's 476 Carpet Lion's Den r00 Camet Secret Garden 130 Colored Concrete Restrooms (2)600 Tile 2 urinals, 2 toilets, 2 sinks Office 120 Camet Windows (14)2 doors with lit panes 53 3.4 RECREATION CENTER" 850 BURLINGAME AVENUE The Recreation Center is a recreational and social center for the City of Burlingame. It is a one- story building consisting of administrative offrces, an auditorium, a dance studio, activity rooms, meeting rooms, a courtyard, and a conference room. o Gross area; 24,000 sq. ft. o Floor covering: Approx. 6,293 sq. ft. of carpeting and 15,787 sq. ft. of hard surface. o Space to be maintained: Approx. 22,080 sq. ft. and is comprised of the following: Recreation Center continued on next page. AREA SQUARE FEET TYPE COMMENTS Entryways (21)564 4 glass doors 1 drinking fountain Reception 455 Carpet Office Area 2,300 Carpet Lunch area (sink & and cook top) Meeting Rooms: Social Room Auditorium Studio Craft Room Art Room Lounge I Lounge 2 Senior Lounge Computer Room 1,152 3,000 300 828 8t2 810 1,269 150 322 Carpet Hardwood Carpet Tenazzo Tenazzo Terrazzo Terrazzo Carpet Carpet Storage Closet Mop / Storage Closet 2 sinks 2 sinks 1 bathroom Tables & Chairs Tables & Chairs Hallways 2,079 Terrazzo Restrooms (5)600 Tile 8 sinks, l0 toilets, 2 urinals Kitchen Tenazzo Stove with 2 ovens, I refrigerator, 3 sinks, counters, table, microwave Other Areas: Teen Center Dance Studio Court yard Misc. Offices Table Storage 500 882 384 700 300 Carpet Hardwood Concrete Carpet Concrete Mainly used in summer time I I mirrors Sweep Patio door area Coordinators & Supervisors Sweep & litter pick up Windows (91)Includes patio doors 54 l. 2. RECREATION CENTER. 850 BURLINGAME AVENUE (continued) BUILDING PROVISIONS: Clean all hard floors nightly. Carpet: - Weekend service does not require carpets to be vacuumed in admin areas. - Weekend service for meeting rooms only require vacuuming in meeting rooms used. Please refer to bulletin board for schedule. - Shampoo and extract carpet in meeting rooms 4 times a year and Teen Center twice a year. Hardwood floor: - Strip and wax auditorium and dance studio floor twice ayear. Dust baseboards in Auditorium. Spot clean walls in Auditorium as needed. 3. 4. 5. 55 3.5 DONNELLY GARAGE.4OO DONNELLY STREET The structure is a two-story public parking garage located behind the Main Library. It has one elevator and the interior of the elevator has vinyl flooring, Formica panels and stainless casings. o Gross area: 55,200 sq. ft. (gross square footage of elevator is 32 sq. ft.) o Floor covering: N/A o Space to be maintained: 55,200 sq. ft. BUILDING PROVISIONS l. Sweep floor outside the elevator 10 feet in any direction. 2. Damp mop elevator floor with disinfectant cleaner for each day of service. 3. Wipe down elevator doors, walls and buttons with disinfectant cleaner for each day of service. 4. Pick up trash around entire parking lot every Monday night. 5. Sweep leaves and remove cobwebs once a quarter. 6. Report any burnt out light bulbs or vandalism to the Facilities Division Manager. 7. Parking Garage: - Gather waste from all trash cans, place in specific dumpsters (Daily) - Clean elevator cabs and doors, polish inside and out (Daily) - Remove cobwebs (QuaterlY) - Sweep parking garage (Quarterly) AREA SQUARE FEET TYPE COMMENTS N/A N/A N/A N/A 56 3,6 PUBLIC WORIG CORPORATION YARD. 136I N. CAROLAN AVE. The Public Works Corporation Yard houses the administrative offices of the Public Works Maintenance Division. The facility consists of two separate buildings: a two-story facility which houses the majority of administrative employees, and a single story facility which houses the Auto Shop and Facilities Maintenance. The facility includes a locker area and lunchrooms. o Gross area: 43,000 sq. ft. o Floor covering: Approx. 4,378 sq. ft. of carpet and6,376 sq. ft. of hard surface. o Space to be maintained: Approx. 10,754 sq. ft. and is comprised of the following: Public Works Corporation Yard continued on next page. AREA SQUARE FEET TYPE COMMENTS Entryway (l)204 Linoleum 2 glass doors / Building A Office Areas Bld. A, First floor Bld. A, Second floor Bld. A, Second floor Building B Building B 200 2,668 1,580 462 454 Linoleum/VCT Carpet Vinyl (VCT) Carpet Vinyl (VCT) Conference Rms. Large Conference 448 Carpet Building A, Second floor 1 sink Hallway 472 Linoleum Restrooms (4) Bld. A (2) Bld. B (2) ll6 56 Ceramic Tile Ceramic Tile 2 sink, 2toilet,2 urinal 2 sinks,2 toilets, 1 shower Staircase Linoleum Training Room, Lunchroom, Kitchen 900 Linoleum / Carpet Refrigerators, Microwave, Cooktop & Oven, sink, tables and chairs Locker Rooms /Restroom Men's & Women's 1,400 Ceramic Tile showers (5), toilets (4), urinals (3), sinks (4) Fitness Room 550 Carpet Other Areas: Mud Room Uniform Room r20 200 Ceramic Tile Linoleum Washer & Dryer Windows (102) 57 1. 2. J. 4. PUBLIC WORKS CORPORATION YARD. 1361 N. CAROLAN AVE. (continued) BUILDING PROVISIONS: Workshop areas are not included in scope. Auto shop hand washing sink area is included in scope. Locker Room: Pick up clothes hangers and place in holder daily. Fitness Room: - Spot clean window and mirror glass (prints & smudges) (Daily) - Fill all dispensers (Daily) - Fully clean all mirrors (Monthly) - Wipe down cardio fitness machines and mats (daily) 58 3.7 POLICE STATION. 1111 Trousdale Drive The Police Station is a one-story structure consisting of administrative offices, conference rooms, a training room and jail cells. The Police Station operates 7 days a week, 24 hours per day. o Gross area: 23,500 sq. ft. o Floor covering: Approx. 2,600 sq. ft. of ceramic tile, 5,600 sq. ft. of carpet, 300 sq. ft. of linoleum, and 7,000 sq. ft. of concrete. o Space to be maintained: Approx. 16,000 sq. ft. and is comprised of the following: AREA SQUARE FEET TYPE COMMENTS Entryway (1)500 Ceramic Tile 2 doors Admin./ Dispatch 800 Carpet Office Areas 4,000 Carpet Jail Cells 800 Concrete 3 sink/toilet fixtures, 1 shower Hallways 800 Carpet Public Restrooms (2)900 Ceramic Tile 2 toilets, 2 sinks, I urinal Locker Rooms (2)1,200 Ceramic Tile Fitness Room / Weight Room s00 Rubber Mats Lunchroom 300 Linoleum I sink, microwave, refrigerator Stairways (2)200 Concrete Windows (38) Garage 6,000 Concrete BUILDING PROVISIONS: l. Holding cell area if occupied must be cleared by police personnel before janitorial employee(s) enter. 2. Inspect and pick up debris in underground parking garage and outside parking lot every Sunday. 3. Clean & extract carpet in Dispatch, break room and reports room semi-annually. 4. Clean front office and dispatch windows daily. 5. DO NOT EMPTY the paper recycling boxes as paper must be shredded by PD staff 6. Dust behind computer monitors in Dispatch weekly. 7. Parking Garage: - Gather waste from all trash cans, place in specific dumpsters (Daily) - Inspect and pick up debris (Weekly) - Remove cobwebs (Quarterly) - Sweep parking garage (Quarterly) 8. Fitness Rooms: - Sweep, dust mop and/or damp mop all hard floor surfaces (Daily) - Spot clean window and mirror glass (prints & smudges) (Daily) - Fill all dispensers (Daily) - Fully clean all mirrors (Monthly) 59 5 sinks, 5 toilets, 4 showers, 2 urinals 3.8 VILLAGE PARK. 1535 CALIFORNIA DRIVE Village Park is a preschool. It is a one-story building with two activity rooms and a kitchen. o Gross area: Approx. 2,000 sq. ft. r Floor covering: Approx. 300 sq. ft. of carpeting and 1,400 sq. ft. of hard surface. r Space to be maintained: Approx. 1,700 sq. ft. and is comprised of the following: BUILDNG PROVISIONS: This facility is a preschool. Prestige service is required. Additional holidays that do not require cleaning: o Day before and after Thanksgiving o Winter break (usually last week of December and first week of January) o Week of President's Day o Spring Break week (in April). o One week in June (usually 2no week) a o o l. 2. J. 4. 5. 6. 7. 8. 9. 10. I l. Must use environmentally safe chemicals (green seal certified). Wipe down and sanitize tables and countertops, and place chairs on tables (daily). Sweep and mop floors and vacuum carpet (daily). Replace tables and chairs to default positions. Clean refrigerator, oven and microwave (monthly). Clean and sanitize all door handles and switches (daily). Remove cobwebs at all exterior doorways (5) (weekly). Spot clean carpet as needed. Clean bathrooms and sinks (daily). Deep clean the carpet and linoleum (two times per year). Clean windows (interior and exterior) (two times per year). AREA SQUARE FEET TYPE COMMENTS Entryways (1)t12 Linoleum 2 glass doors & windows Activity Rooms (2)1,350 Carpet / Linoleum Tables, Chairs, Counters with sinks Kitchen tt2 Linoleum Refrigerator, stove with oven, microwave, counters and sink Restrooms (3)t36 Linoleum 3 sinks, 3 toilets Windows (16)Includes doors 60 3.9 PARKS CORPORATION YARD. 420 Carolan Ave The Parks Corporation Yard houses the Parks Department's maintenance shop, lunch room, locker room and two restrooms, one with a shower. o Gross area: N/A o Floor covering and space to be maintained: Approx. 800 sq. ft. and is comprised of the following: BUILDING PROVISIONS: 1. Cleaning on Monday and Thursday nights only END OF SPECIAL BUILDING PROVISIONS AREA SQUARE FEET TYPE COMMENTS Restroom (2)200 Linoleum/ Epoxy floor 2 toilets, 2 sinks, 1 shower, 2 urinals Locker rooms 100 Linoleum Kitchen/Break room 350 Linoleum 1 sink, I microwave, 1 cook top, 1 refrigerator Windows (10) Office (2)150 Linoleum 61 tl il II ll il I 1tI ll 1l tl Original ll il A Services Proposal for City of Burlingame Janitorial Services I)ue: 15 March 2018 by 2:30 PM Presented By UNIVEBSAL BUILDING I i I I t I I t I i ' IiI i , i : I I '| I I I I I I I ! 1 1 I i I i it tl ir :I:til iiii tltl CITY OF BI]RLINGAME, CALIFORNIA JANITORIAL SERVICES BID TORM 14 March 2018 TO TIIE CITY OF BURLINGAME, CAIJFORMA: Pursuant to the foregoing Bid and Notice to Contractors, the undersigned bidder herewith submits its bid on the Bid Form and completes all the required forms attached hereto and made a part hereof, and binds itself on award by the City of Burlingame under this bid to execute in accordance with such award, a contract, of which this Bid and Notice to Contractors, Instructions to Bidders, General Provisions, Special Provisions, and Special Building Provisions are hereby made a part of this Bid and all provisions thereof are hereby accepted. The bidder further agrees that in case of its default in executing the contract, and providing the required bonds and insurancg the cash, check or Bidder's Bond, accompanying its bid and the money payable thereon shall be and remain the property of the City of Burlingame, as provided in the Instructions to Bidders and the Special Provisions. COMPANY NAIVTE:Unlversal- Buildlng Servlces and 1y (Corporate SeaI) CONTRACT'OR'S TELEPHONE NO. 5 10-527-r078 Fax no, 5L0-526-7289 If Corporation, organized under the laws ofthe State of Californla D io De J 20 Pieree Street , oPer ]'lanager Signature Address Nature of firm (corporation, partnership, etc,) and names of individual members of the firms, or names and titles of officers of the corporation: Grace Brusseau CEO. Secty f Treas Name Title Leonard Brusseau President Name Elizabeth Brusseau Title Controller Name Title 9 I I I I I I I i I I I I I I I I I I I i I I i i I i : I I i i I il I !l rl il il I ,itiil i i't I I ;l rl I I I,! i I i I I I 1,l I.l I I.l : i I ,t : I ,l I ! I 1 I I : : I I t I il ;i li CITY OF BURLINGAME, CALIFORNIA JAMTORIAL SERVICES BID FORM The undersigned hereby proposes and agrees that, if this bid is accepted, the Contractor will contract with the City of Burlingame, California, for any or all of the facilities listed below for the prices quoted. The Contractor agrees to furnish all labor, materials, tools, and equipment. Contractor to furnish all incidental work and services required to completo all items of work described in the specifications, All work shall be done in accordance with the General Provisions, Special Provisions, and Special Building Provisions of this Contract Book: "Janitorial Services for City of Burlingame". Iit YEARl YEAR2 YEAR3 MONTHLY SERVICES Cost/Month Annual Cos(CosUMonth Annual Cost Cost/IVIonth Annual Cost l. City Hall $ zlta $ tz.5o8 $ 2.755 $ :r-oco $ z. zgo $ ss.ssz 2. Main Library $ 94 ,0.92 $--lr9l9-s__9s-,s9!$-- lzqzg $ 96,936 3. Easton Libmry $ 670 $8 040 $ 680 $ 9,.160 $690 $ 8,280 4. Recreation Center $5,391 $64 692 s_2,llL g 65,664 g 5,554 g 66,648 5. Donnelly Parkittg Garage $ 793 $ _ 9,sto $ qol $ eL6_90 $ 817 $. 9,804 6. Pubtic Works Corp Yrd $ 3,533 g 42,396 g 3,586 g 43,032 $3,604 g 43,680 7, Polioe Station $__-1,!!_l_$37 572 $___l,U_q-$ 38,136 $ 3,226 $ 38.712 8. Village Park Presohool $L,344 t6 L28 $ 1,364 $-l9rl$$ 1,384 $ 16,608 9. Parks Corp Yard $i 339 $ 4,068 $__*_314_$ 4, 128 $ 349 $ 4 ,188 ToalYear I Annual CosX $:g9""ou TotalYear2 Atmual Cost $rl-u TotalYear3 AnuualCost $ 318,408 BitI=for Years I ,'J ritten Base Bid = Total for Yenrs 1,2 & 3 (Writtcn in Words)Nlne Hundred Forty-One Thousand. One Hundred Nlnety-Six Dollars and Zero Cents Amount Written in Words. Where there is a disorepancy between words andfigures, WORDS WILLGOVERN Where there is a discropancy between item unit price and e)d€ndq4 to(alLIlNIT PRICE WILL GOVERN ApprrroNAl, pqRvlcps l. Services during normal working horrs on a weekday with no less than 24 hours' notioe Cost/Hour $ 26.00 2. Servioes outside normal work hours with on a weekday with no less than 24 hours' notice $ 26.00 3. Service with less lhan}4 hours' notice during normal working hours on weekday $26.00 4, Service with less lhau 24 horus' notice during outside working horrs $26.00 l0 I l.1 i,llri,l I'r I I'l [,,ir iIrI tlI 'li:t i :jl iit I iit i'l ii:t : It iJiljl illrl! ll il $-- lr-q4l il This update: 08 March 2018 GEI{ERAL PREVAILING \TAGE DETERMINATION MADE BY THE DIRBCTOR OF INDUSTRIATREL-6.rroNs PURSUANTToCAIIFoRNIApUBLTC urrlmEs coDE, sEcTIoNs iisoiatAND 467 D€termidfltion: SMA-2014.1 gefe;renrer22.lg77-Z Issue Date of Determination: June 2l,ZOl4 Supersedes Det SMA-2004-1 Expiration Date of Determinadon: April 30, 2!16* Effective uutil supersded by a new dererminarion iseucd by theDirector of Indu*rial Relations. Contacl the officc of rhc Dircoor - lLs**h unir al (4ls) roSiii]r. *. new rarrsafter ren days from rhe cxpinarion dnte if no subsequcnt detcrrnharion is issued, Iocality: Sen Mateo County Craf* Janitor/Cle*ner t0lrage Ratex Cl$_sificatiotr Janfuor/Claner Exprres A4h}lnfi Effectivc 05/otl2015 Basic StraiqhrTirne Hourlv Rate s13.94 $14.24 I Egrolovel Pay$enrc: (Public Uritities Code Section 46$ +*hg YtUare $6.52 per hourafter 12 monrhs of senrice. Effective,l/1,/2015, Heal$ aod Velfere will bc $2.03 perhour. pai4. tlglrdaEi Five ($ holidap per yeer or $0J7 per hour der @ days of sennicc. Pei{ VecatgS: Five (5) days after I yeu of serr,ice or $0.27 per houri Ten (i0) &ys eftcr 3 years of sepice or $0.54 per hour. ' Effcctive 5/U__2ol5,Fivc (5) drys after 1 ycar ofservicc or $0.27 per [ou4 Ten (10) clays a{ter 3 years ofservice or$055 per hour. pgid Sick tel:.ei Two (2) days afttr 2 ycars cf seivice or $0. t I per houq Three (3) days afre.r 3 years of service or $0,16 per hour. 'fi:aininEl $0,02 pcr hour. PtEgpavmcnq: Effoctive SlltZA$, $0.01 pu hour to Managcment Coqperetion Trusr Fuad0{cm HrEnizjd+!++:.New.Ycar's Dsy,4il _of July, tsbor Day, Thanhsgrving Day and Chriscrnas Day. If a holidny falk on a 1"19y, ir shall be obwrved on the following Morday. If n holiday fJh on a Sarurdan h sh.libe olxerved' eithcr oa Fridry or Saturday as dcsern{$Edby the cmployer. ' Straight'time Hqurs: Eight (8) hous per day. A week's work shall consisr of five (5) consecutivc days. Qrertiln: f qntgi All work perfonned in exces* of 8 hours per day and on rhe 6,I day rhall be paid ar one aad onrhatf times_(ll4) the ba$c hgru'ly ryt9. All rrork performed on the 7'h day rhall bepnid ai"Ut" 624 iUcstraighr.dme houdy rate- ]Worh on a holiday s[all bc paid ar one arrd ooehalf $tQ rinis rtre basic hourly rate'in'addition io rhe rcgular day's pay. TJavd and $qb-d*q4ce Employees required to furnish own vehicle berween locations shall br reimbuned ar rhe rate of $0.35 per rrile rl I I ifir ii itti'! .! :l ;t rl itI Il .I :t il :!t il ii:l ii;i I il ilil CITY OF BURLINGAME, CALIFORNIA JANITORIAL SERVICES BID IIORM Contractors shall list their proposed work force and supervisory personnel to be assigned to each facility. ttil il ilil -t il itrI tocotiou Supervfuoty Resouttc$ City Flall Nrunber of Janitots EveningCleaneo, -. I Number ofhours assigned to eooh janitor per day of servioe Evening Cleaners: 3,-50_. Title: Title: Tifle: Supe'rvisor Total Daily Florus: Total Weekly Hours: Total Monthly Florus 0.25 _Llo 6.00 Supervisor/Manager Irlain Library Number of Janitors Evcning Cleaners: 1 Number of horur assigued to each janitor per day of service Evening Cleaners' 8. 00 Title: Title: Title: Supervisor Total Daily Flours: Total Weeldy llous: Total Monthly Hours: 0.50 Supervisor/Manager 2,50 8.00 Easton Library Nunrber of Janitors Evening Cleaners: 1 Number of hours assigned to oaoh janitor per day of service EveningCleaners:. 1.50 Title: Title: Title: 6upervlsor Total Daily Hours: Total Weeldy l-Iours: Total Monthly Hours: 0 33 Supervisor/Manager 1 .00 2.00 Recreation Center Number of Janitors Evening Cleaners: 1 - Number ofhours assigned to each janitor pcr day of servioe Ewuing Cleaners: 5.00 Title: Supervlsor Total Daily Hours: j:e5 1;ils. Supervlsor/Manager Tohl Weekly Hours:t,75 Title:Total Monttrly Florus: -8.90 Villagc Par*Number of Janitors Evcning Cleaners: 1 . Number of hours assigned to eaoh ianitor oor dav of service'fi*ning Cleanert : --3:!g Title: Titlc: Title: Supervisor Total Daily Hours: Total Weekly Houls: Total Montlrly I{ours: 0.25 sup ervisor/Manager 1.50 6.00 1trl lt Continued on next page rl ,l Ir il :i.,1 I :l ,tl. :tii ;tjl I I I ,I I I I ,L I I I Pcrsonncl Rosoul'cos Location Personncl Rcsourccs Supewisory Resouroes Donnolly Palking Stuohu'e Number of Janitors Evening Clenncrs: 1 -- Nrunber ofhours assigued to oaoh janitor per day of service Evening Cleauers: -]-9_5-Q_ Title: Title: Title: Supervisor Total Daily I{ours: Total Weekly Hours: Total Monttrly Horu's: 0.16 i:I _3=99 Supervlsor /l{anager Public Works Corporation Yard Numbel of Jarritors EveniugCleane.*, - 1 - Nunbel of hours assigned to eaoh janitor per day of servico_-Evening Cleaners' 4 '7 5 Title: Supervlsor Total Daily Hotus: Total WeeklyHours; Total Monthly Hours; 3:T -L99 13.09 Title: Supervisor /ttanager Title: - Police Station Number of Janitors Bvening Cleaners, 1 - Nurnber ofhours assigned to eaoh janitor per day ofservice Evening Cleaners: 3. 50 Title: Title: Title: Supervisor Total Daily Hours: Total WoeklyHours: Total Monthly Hours 0.25 sup ervlsor/Manager 1.50 6 00 Parks Corporation Yard Number of Janitors Evening Cleanerr, 1 Numbcr of houls assigned to eaoh jauitor per day of service Evening Cleanem: 1.- OO . Title: Supervisor Total Daily I{ouls: Total Weokly Hours: T'otal Monthly Hours o,25 Title: SuP ervisor/ilanager 0.50 Titls: - 2.00 iI il ilil The City of Burlingame reserves the right to reject any or all bids. Bidders are cautioned not to attach any conditions, limitations, or provisions tio the bid because such conditions, Iirnitations or provisions may render such bid non-responsive md may oauso its rejoction. Itrt I t2 j I I ,l it il ,l il 1l irl il it,lil!, ilt; i; ;;li ri,}'t il.l ;t CITY OF BTIRLINGAME, CALIFORMA JAMTORTAL SERVICES BIDDERiS STATDMENT Pursuant to Business and Professions Code Section 7028.151, penalty of perjury that the foregoing and the statements contained in the bid p*j..i are true and correct ,trd thafthis declaration is made on this 14 day Dario DeVlncenzi declare under for the above titled o1t March ii :t ,t 2018,at Ri-ehmond California. If awarded the contmct, the undersigned hereby aglees to sign and file an agreement similar to the attached sample on page 30, together with the necessary bond, certificate(s) of insurance, and related endorsements for general and automobile liability insurance, and proof of a Burlingame Business License in the offrce of the City Clerk within ten (10) calendar days after the date of the award and to coillmence work within five (5) days of the date specified in the notice to proceed, and to complete the work under said contract within the specified number of working days beginning from the date specified in the notice to proceed. Contractor also agrees to keep the Business License curent for the entite term of the confract. If the lump sum for each building and the total amount named by a biddor for any item do not agree, it will be assumed that the error wuxs made in computing flre lump sum for each building and the total amount will be considered as representing the bidder's intention' Unit price bid must not be urbalanced. The undersigned has checked carefully all the figures listed in the Bid form and understands that the City will not be responsible for any errors or omissions on the part of the undersigued in making up this bid, NOTE: The square footages and unit counts shown in the Special Buildings Provisions are an estimate only. Since the exact frgures aro not determined, the City reservqs the right to adust qtrantities as deemed necessary to meet its requirements. The undersigned hereby certifies that this bid is genuing and not sham or collusive, or made in the interest or in behalf of any person not named herein, and that the undersigned has not directly or indirectly induced or solicited any other bidder to put in a sham bid, or any other person, firm or corporation to refrain from bidding, andthat the undersigned has not in aily mannor sought by collusion to secure for himself an advantage of any kind whatever. The undorsigned agrees that this bid may not be withdrawn for a period of forty-flve (45) days after the date set for the opening thereof. NOTE: IF T}IE BID IS MADE BY AN INDTVIDUAL, HIS NAME AND POST OFFICE ADDRESS MUST BE SI{OWN. tF THE BID IS MADE BY A PARTNERSHIP, THENAME AND ADDRESS OF EACH MEMBER OF THE FIRM OR PARTNERSHIP MUST BE SHOWN (IF MORE THAN TWO MEMBERS OF A FIRM OR PARTNERS}ilP, PLEASE ATTACH AN ADDITTONAL PAGE); OR IF MADE BY A CORPORATION, THE BID SHALL SHOW THE NAME OF THE STATE I.INDER THE LAWS OF'WI.IICH THE CORPORATION WAS CHARTERED AND THENAMES,TITLES AND BUSINESS ADDRESSES OFTI{E PRESIDENT, SECRETARY AND TREASURER OF SAID CORPORATION. itrl jt il SIGNATURES FORBIDDER: 13 I ;l jl :t rl :i I :iIr t .lii :l ,l 'l il I l;rl1:,: jl I,: l I ! I I If INDIVIDUAL, sign below: Signature Date Print name Post Offrce Address If CORPORATION, sign below (show names of non-signing officers): Uaiversal Buildlng Services and Co. a CORPORATION rn Nr 3/rul2At8 Date Darlo DeVincenzl Printnamo of person signing bid Operations l"lanager Title Ltst nomes of the{ollowtngoficers, T,eonard Brusseau 3l 14l 2018 PRESIDENT Grace Brusseau Date sl t4l2ot8 SECRE-IARY Grace Brusseau Date 3l t4l 20tB TREASURER 3120 Plerce StreeL Richmond, CA 94804 Date Post Offioe Addross If PARTNERSHIP, sigrr bolow (show names of non-signing partners): Signature Date Name of Paltner Post Offroe Address Signature Date Name of Parhrer Post Office Address (if differonQ Signature Date Name of Partner Post Office Address (if different) Signature Date 1 i I I I I I I i i I I i i 1 I i ,! I I I I I I ! I 1 1 4 lir ;l 1lil rl rl I ll I !irt:l I I I I I 'I Itl ',t li it !l;l iitl r! ll itit:l ;l'l ,i I I rl CITY OF BIIRLINGAME, CALIFORMA JANITORIAL SERVICES DESIGNATION OF SUBCONTRACTORS (Public Contraot Code Sections 4100 and following) JANITORIAL SERVICES As a bidder o1 the above-entitled project, flre undersigned hereby designates lhe subcontxactors that will perforrn work or labor or render services to the Conlractor iu or about the sonstruclion of the project in au smount in excess of orre-half (tk) of ono percent (1%) of the Conhactoy's total bid' The undersigned understands and agrees that should itfail to speoify a subcontractor for any portion ofthe work as above stated, it agrees that the undersigned is fully qualified to perform that portion of lhe work itself, and that it shall perform thatportion itself. Penalties for failure to comply with ttris provision are provided in the Sublettine and Subcontr-acting Fair Practices Aot commencing with Section 4100 of the Public Contract Code' Tho undersigned agrees that it shatl not, without written oonsont of tho City Council, make any substitution, assignment ir sublit to or of the following list of subcontractors which is made o part of this bid and then only aftdcornpliance with the provisions of the Subletling and Subcontaoting Fair Practices Act. [ATTACH ADDITIONAL PAGES TF NECESSARY] il I .t ili! I ilir lrIt ,! l i!lrll NAME OF BIDDER: Signal.ure; Nameof Subcontractor Worhto be donc by Subcontractor NOTE: UniversaL Buildlnl subcontractors Ln Servlees and SuPPlY Co. w1- the ful-flllment of this cont .1 not be using :r&ct. t5 D De'ations Llanager( il il Irt,l 'i :l il I i i I i I I I I i I I I I I I i Il I I I I i , Address of Subcontractor I CTTY OF BT]RLINGAME, CALIFORMA JANIIORIAL SBRVICES SIATEMpNT OT.EXPERIpNCE OUALffICATIONS. Ths following statement as to experionce qualifications of the bidder is submitted in conjunotion with the Rid, as a part thereof, and the truthfulness and accuracy of the information is guaranteed by the bidder. The bidder, as a contractor, has nover failed to satisfactorily complete a contract awarded to it, oxcept as follows: N/A - Universal- Bull-dlng Services and Supply Co. has never faiLed to saElsfactorlly complete an awarded contract. The bidder, as a contractor, must have relevant janitorial experience during the last five (5) years, and must have been engaged in the contracting business, under the present business name, as a single company for at least five (5) years. If the bidder is a franchisor, actual franchisee (operators) must have relevantl anitorial experience during the last five (5) years. A11 bidders must have experience that includes: . Must have successfully provided service (cleaning) for a minimum of 160,000 square foot of offrce space pff year for the last five years. o Must have successfully worked wifi three different public agencies during the last five years. o Must have an annual contract in good standing condition with a public agsncy during the past 36 months to service (clean) a minimum of 80,000 squaxe foot of office space. o Provided a copy of your company training manual on cleaning services and procedures for j anitorial staff- The above qualification requiremenb must be listed below on the following page and included with bid proposal. The following information must have been satisfactorily completed for the persons, firm or urtt ority indicated, and to whorn reference is made. If the bidder is a franchisor, it must provide actual franchisee (operators) information as to who will be performing the work, type of work performed, and direct work references. The City reserves the right to contact any of the references provided. If the City determines the feedback to be negative or contrary to what has been presented by it . bidd", herein, dre City at its sole discretion has ttre right to reject the bidder. Failwe to provide this information on any portion of the bid proposal as provided will result in disqualification of its bid. il iti! .lit.i I i!it:!',; ii I I l6 ; l I I il I rl 'l II .l'i,tJI rl il it:, l ! i lil ii CITY OF BI]RLINGAME, CALIFORNIA JANITORIAL SERVICES srATqMENr Or EXPERIDNCE-OpALITfICATIONS . Must have successfully provided service (cleaning) for a minimurn of 160,000 square foot of offioe space per year for the last five years' ii il jl itllrl ir li litiri Years 38_T 7 Year 2008-nres 2013-pres 2004-pres Year 2010-2018 2olTfrrB JanitoriaL Santa Clara Renesas El-ectronics 20 Janltorial Richmond Chevron Refl-nery I8 JanltoriaL Ilercules Bio-Rad Laboratories Janltorial San Ramon City of San Ramon a Must have successfully worked with three different public agencies during the last five years' Tvpe of Wor* JanltorlaJ. AgeJtcy ent CalTraln Translt ent SamTrans ent East BaY Regional--TarC-DIsfiIIt Location Rlchmond Lgcatior.r San Jose San Carlos Oakland NAME OF BIDDER: Signature: For Whom Pelformed Mechanlcs Bank Fqr Whom Performed Carlos Leon John Seybert Michael McNallY For Whom Berformed Tim Spinelll Tom TavEnport De . Must have an annual contract in good standing condition with a public agency during the past 12 months to service (clearr) a minimum of 80,000 squaxe foot of office space during the past 12 months. Agenc], Squarg Footage Ctty of West Sacr€lmento 142rqq0 EE -6r v-;IIe3o- ---137;60b o provided a copy of your company taining manual on cleaning services and procedures for janitorial staff. Please see attached trEmployee Handbookr!' l_ations Maaager ilIIi: :l;l 17 ii il,I .t I ,l I 1t IItrI I I ; I i I I : I I I I I I I t I I I I i I I ,! I I ,l i I I i i .l I : : i 1 iltl CITY OF BT]RLINGAME, CALIFORMA JANTTORIAL SERVICES NON-C,()LL, [lsloN P,EC-.L4\B$, rIoN (prJBLrc coNrRAcr coDE SECTION 7106) JANITORIAL SERVICES DarloI, Devlncenzr declare r#ll,S::*FfIffflffi $atI 1Xr" o.pera!io"" n'naee' .Gole owner, partner, president, etc.) of a.nd S.upp1y .9p. " . - (company name), the party making the foregoing bicl; that the bid is not made in the interest of, or on bohalf of, any undisclosed person, partnership, company, association, organization, of corporation; that the bid is genuine and not collusivs or sham; that ttre bidder has not directly or indirectly induced or solicited any otherbidder to put in a false or sham bid, and has not directly or indirectly colluded, oonspired, connived, or agreed with any bidder or anyone olse to put in a sham bid, or that flryone shall rof:ain from biddin8; thaf the bidder has not in any manner, directly or indiroctly, sought by agreement, commtmication, or conference with Bnyone to fix the bid price of the bidder or any ofrer bidder, or to fix any overhead, profit, or cost element of the bid price, or of ttrat of any other bidder, or to secure any advantage against the public body awarding the confiact or anyone interested in the proposed conttact; that all statements contained in the bid are true; and further, that the bidder has not, directly, or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof or divulged information or data relativo thereto, or paid, and will not pay, auy feo to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I dsclare under ponalty of perjury thatthe forogoing is truo and correct and this was executed on the dato shown below 3l Rtchrnond, CA . (City, State) NAME OF BIDDER DeVincenzi ii il l! ,l li!i ;l,i I Dated: 14 March 20LB erq,tlong P1ana8er ) l Signature: 18 it:l il il I :l .l ri 1tir !t.t "I ,l il il CITY OF BURLINGAME, CALIFORNIA JANITORIAL SERVICES PUBLIC CONTRACT CODE SECTION 10285.1 STATEMENT In accordance with Public Contract Code Section 10285.1 (Chapter 376, Stats. 1985), the bidder hereby declares under penalty of pedury under the laws of the State of California that the bidder has , has not_[-_ been convicted within the preceding three years of any offenses referred to in that section, including arry charge of fraud, bribery, collusion, conspiracy, or any other act in violation of any state or federal antitrust law in connection with the bidding upon, award of, or performance of, any public works contract, as defined in Public Conhact Code Section I101, with any public entity, as clefined in public Contract Code Section 1 100, including the Regents of the University of California or the Trustees of the Califomia State University. The term "bidder" is understood to include any partner, member, officer, director, responsible managing officer, or responsible managing employee thereof, as referred to in Section 10285.1. IN9TE: THE BIDDER MUST PLACE A CHECK MARK ArTER "EAS" OR "HAS NOT,, IN ONE OF THE BLANK SPACES PROYIDBD.] The above Statement is part of the Bid. Bidders are warned that making a false certification may subject the certifier to oriminal prosecution' I declare under penalty of perjury that the foregoing is true and corect and this was executed on the date shown below at Rlchmond CA (City, State) Dated: 14 March 2018 NAME OF BIDDER' Dario DeVincenz j., 0peratlons Manager Signature: I 1l ti jl rl il :l :lri !t l9 l I : : ! I ! I : I I i i i : ; : : i , I I I l I i I l i i I I I : : : . I il ti i I rl :I itli lil :1 ;I iitl li il @;)6, .ll ;l il CITY OF BI]RLINGAMB, CALIFORNIA JAMTORIAL SERVICES PUBLIC CONTRACT CODD SECTION 10L62 QUESTTOhINATRI In accordance with Public Contract Code Section 10162, the Bidder shall complete, under penalty of perjury, the following questionnaire: Has the bidder, any officer of the bidder, or any employee of the bidder who has aproprietary interest in the bidder, ever been disqualifled, removed, or otherwise prevented from bidding on, or completing a federal, state, or local governmont project because of a violation of law or a safety regulation? No x ..-es If the answer is yes, explain the circumstanoes in the following space: N/A I declare under penalty of perjury that the foregoing is true and corect and this was executed on the date shown below at Richmond. CA (City, State) Dated: L4 March 20L8 NAME OF BIDDER; Dario DeVlncenzi, operatl-ons Manager Signature: jI ;tit ir il iIi/ iI tlil iii, II 20 il ,l:l tl il il :ljf ll il!t.jI it I( i I I i i I ll : i! il!l CITY OF BUBLINGAME, CALIFORMA JANITORIAL SERVICBS CERTIN'ICATE OF' NONDISCRIMTNATION On behalf of the bidder making this bid, the undersigned certifies that there will be no discrinrination in employment with regards to marital status, sexual orientation, ancestly, medical condition, race, color, religion, sex, disability, ornational origin; that all federal, state, and local directives and executive orders rcgardrngnondiscr-imination in omployment will be complied with; and that the principle of equal opportr:nity in employrnent will be demonstrated positively and aggressively. Universal Butlding Services and SupplY Co. BIDDER By: Darlo DeVincenei,Oper'ations Manager (Narne and title of person making certification) 14 March 2018 Itil Date iiit;l 2t I I I I I ri rl.l I I I,,1 t :i ,i ,: i t ti itJI :Iil.l iilrt! rlil it t lrlil CTTY OF BI]RLINGAME, CALTF'ORNIA JAMTORIAL SERVICES CONTRACTOR'S NONDISCRIMINATORY EMPLOYMINT CERTIFICATE Certificato Generallv Consistent with apolicy of nondiscrimination in employment on contracts of the City of Burlingame and infurtheranceof theprovisionsof Section 1735 and L777.6 of theCalifomiaLaborCodea"contractor's obligation fornondiscriminatory employment certi.ficato" as heroinafter set forth shall be attached and incorporatecl by reference as an indispensable and integral term of all bid specifications and contracts of the City of Burlingame for the construction, repair, or improvement of public works. i Contents qf Certif,.cate; The Contractor's obligation for nondiscriminatory employment is as follows: I:l In performing the work of this conhact, the Contractor agrees as follows: l. The Contractor will not discriminate against any employee or applicant for employment because of race, creed, color, national origin, ancestry, sexual orientatiorq political affrliation or beliefs, se& age, physical handicap, medical condition, marital status or pregnancy (as those terms are defined UV ttre Califomia Fair Employment and Housing Act - Government Code Section 129A1-1;996), except where suctr-discrimination is based on a bona fide occupational qualiflcation. The Contractor will take positive action or ensure that applicants are employod, and that employees are treated duiing employment, without regard to their race, creed, color, national origin, anoestry, sexual orientation, political affiliation or beliefs, ssx, age, physical handicap, *uti.ut condition, marital status or pregnancy (as those terms are defined by the California Fair Employment and ilousing Act - Government Code Section 72900'72996), except where suoh disirimination is based on a bona fide occupational qualification, Such action shall include but not be limiteclto the following: Employment, upgrading demotion, ortransfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training including apprentioeship. The Contractor agrees to post in conspicuous places, available to imployees-and applicarts for employment, notices to be provided by the City 'of Burlingame setting forth the provisions of this noncliscrimination clause- 2,. The Conhactor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, creed, color, national origin, trrcestry, sexual orientation, political affiliation or beliefs, sex, age, physical handicap, medioal condition, marital status or pregnancy (as those terrrs are defined by the CaliforniaFair Employment and Housing Act - Government Lode Section 72900-12996), except where such discrimination is based on a bona fide occupational qualification. 3. The Contractor will send to eac,h labor union or representative of workers, with which the Contractor has a collective bargaining agreement or other contract or understanding, a notice to be provided by the City of Burlingame advising the said labor union or workers' representative of the Contractor's commitments under this provision, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. iitilit: :l 22 ;lil rl t I:l I.t I ,'l -l 1 I i I I I i I : I I I I I I I : : I : i I . I I I ! I ,I : i I I i I .t I i I i II I i I i ! t,l iI ii ;: ;l ;l!iri ,tilii itlrti 4. The Contractor will perrnit access to the Contr'&ctor's records of employment, employment adveftisements, application forms, and other pertinent data and records by the City of Burlingame, the Fair Employment Practices Commission, or any other appropriate Agency of the State designated by the City of Burlingame for the purposes of investigation to ascertain compliance with the Contractor's Obligation for Nondiscriminatory Employment provisions of this contract, or Fair Employment Practices statute. 5. A finding of willful violation of the nondiscriminatory employment practices article of this contract or of the Fair Employmemt Practices Act shall be regarded by the City of Burlingame as a basis for determining that as to future contracts for which the Contractor may submit bids, the Contractor is a "disqualified bidder" for being "non-responsible". The City of Burlingame shall deem a finding of willful violation of the Fair Employment Practices Act to have occurred upon receipt of written notice from the Fair Employment Practices Commission that it has investigated and determined that ttre Contractor has violated the Fair Employment Practices Act and has issued an order under Labor Code Section 7426 or obtained an injunction under Labor Code Section 1429. Upon receipt of any such written notice, the City of Burlingame shall notifu the Contractor that unless he or she demonstrates to the satisfaction of the City of Burlingame within a stated period that the violation has been corrected, he or she shall be declared a "disqualified bidder" until such time as the Contractor can demonstrate that he or she has implemented remedial measures, satisfactory to the City of Burlingame, to eliminate the discriminatory employment practices with constituted the violation f.ound by the Fair Employment Practices Commission. 6. Upon receipt from any person of a complaint of alleged discrimination under any City of Burlingame contract, the City of Burlingame Administrator shall ascertain whether probable cause for such complaint exists. If probable cause for the complaint is found, the Administrator shall request the City Cormcil to hold a public hearing to determine the existence of a discriminatory practice in violation of this contract. In addition to any other remedy or action provided by law of the terrns of this contract, the Contractor agrees that, should the Council determine after a public hearing duly noticed to the Contractor that the Contractor has not complied with the nondiscriminatory employment practices provisions of this contract or has willfully violated such provisions, the City of Burlingame may, without liability of any kind, tenninate, cancel, or suspend this contract in whole or in part, In addition, upon such determination the Contractor shall, as a penalty to the City of Budingame, forfeit a ponalty of $25.00 for each calendar day, or portion thoreof, for eac'h person who was denied employment as a result of such noncompliance. Such monies shall be removed from the Contractor. The City of Burlingame may deduct any such penalties from any monies due the Contractor from the City of Burlingame. ,I rtr rI ii t, rt 23 il il il 1l I li :ill:l It.I i I :l :i ,'I:itii ,1 , 1l il il il ;lilJI CITY OF BURLINGAME, CALIFORMA JANITORIAL SERYICES CERTII'ICATION OT PAYMDNT OT'PRrcVAILING WAGE SCALE On behalf of the bidder, the undersigned certifies that the Prevailing Wage Scale, as determined by the Director of Industrial Relations of the State of Californiq as hereafter modified by the Department of Industrial Relations, will be the minimum paid to all janitors/cleaners working under the contract to be awarded under this bid process, Pursuant to section 1773 of the Labor Code, the genoral prevailing wage rates in the county, or counties, in which the work is to be done have been determined by the Director of the California Department of Industrial Relations. A copy of the correot determination will be posted at the job site. It is understood that it is the responsibility of the bidder to determine the correct scale, The undersigned understands that weekly certified payrolls must be submitted for verification. Universal Servlces and Supply Co. BIDDER By: Dario DeVincenzi, OperaElons Manager lt it It il rl 1til ilit ;i rl (Name and title of person rnaking certification) 14 March 2018 Date Questions shall be addressed to: il Department of Labor Relations Division of Labor Statistics and Research Prevailing Wage Unit 45 Fremont Street, Suite ttOO P. O. Box 420603 San Francisco, CA 94142-0603 24 :r il rl ri :i tl il il CITY OF BURLINGAME, CALIFORNIA JAMTORIAL SBRVICES CERTITICATION OB RrcQUIREMtrNT TO PAY WORKERS' COMPENSATION I am aware of the provisions of Section 37Q0 of the Labor Code that require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I wilt comply with such provisions before commencing the performance of the worh of this contract. Universal Servi-ces and Co. BIDDER By: Darlo DeVLncenei, Operatlons Manager (Nrr. and title of person making certification) 14 March 2018 Date !;iltl :illii i1 25 il I I I t I I jlii,! rtii CITY OF BURL]NGAME, CALIFORNIA JANITORIAL SERVICES BIDDtrR'S BOI\D I(NOW ALL PERSONS BY I'HESE I'RIiSEN'IE: That lJniversal Seryioes and Supply Co,as Principal, and Merchants Bonding Company (Mutual)Surety, are hekl and firmly bound unto the City of Burlingame, a mnnioipal corporation of the State of California (hereinafler called "City") in the penal sut of ten percent (107o) of the total aggregate amount ofthe bid of the Principal above named, submitted by said Principal to the City firr the work desuibed below, for the payrnent of which sum in lawful molley oflhe United States, well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly ancl severally, firmly by these presents, In no case shall the liability ofthe Surety hereunder exceed the sum of Ten Percent of Total Arnount Bid l0% of Ilid Amount Dollars. The condition of this obligation is such that a bid to the City for oertain janitorial services specifically described as follows, for which bids are to be opened on Thursday, March 15,2018, at 2:30 p.m., has been submitted by Principal to City: Janitorial Services to the City of Burlingamq California NOW THEREITORE, if the Principal is awarded the Contract and within the tirne and manner required under the Specifications. after the prescribecl fbrms are presented to the Principal for signatnre, enters into a witten contract, in the prescribed form, in accordance with the bid, and a bond with the City to guarantee payment for labor and materials as provided by law as well ru files insurance oertificates and equal employment opporturity documentation required uncler the bid, then this obtigation shall be null and void;otherwise, it shall remain in full force. In the event suit is brought upon said bond by City, and judgment is recovered, the Surety shall pay all costs incurred by City in such suit, including a reasonable attorney's fee to be fixed by the Court. as 26 l : ! i I I I I : I I I I .l I I ,l .l I .l ,l lN WITNESS WI'IEREOF, we have hereunto set our hands and seals on this 14th day ofMzu'ch ,2018, and Co. T,eonard Brusseau President Melchzurts Bonclirrg Company (Mutu$l) Stephanie AgapotT Atlornev-ln-Faot NOTEI Attach notary aclffiowledgement for signatures of those sxeruting for Principal and Surety. I 1 1 I .t i : i ,t .t I ! t N 27 1 I ACKNOWLEDGMENT A notary public or other ofiicer compleling this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validitv of that document. State of California County of Sacramento ) On March 14.B before me,Breanna Bofman, Notary Public (insert narne and title of the officer) personally appeared .-.. Stephanie Aqapoff , who proved id me on subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hie/her/thei+ authorized capacity(ieeh and that by hls/her/thei+ signature(e) on the instrument the person(s)t or the entity upon behalf of which the person(s) acted, executed the instrurnent. I certify under PENALry OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WTNESS my hand and officialseal. Signature (Seal) /4&A. BREANNABOFMAN Z),_I:HNA NOTARY PUBLIo - oAL]FoRNIAWffi'f B?BXI"'TR+Jd3JI,fi'\€i@/ uy comm. Exp. soplembert6,2o2l I I { il 1 .:1 :!iI 'l i ; t i ii li I ]: : s BONNIN$ COMPA Ylr POWER OF ATTORNEY KnowAll Percons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, lNC,, both belng corporallons olthe Slate of lowa (hereln collectively called tho *Companhs') do hereby rnake, constltute and appoint, indlvldually, Bobbie Beeny; Bonnie Two Bears; Breanna Bofman; Claudine Gordon; Elizabeth Collodli Jennifer Lakm8nn; John Hopklns; Katharlne Gordoni Kristle Phllllps; Mervin E Arenchlld lll; Mlchael K Feeneyl Mindy Whitehouse; Nancy Luttenbacher; Philllp Watkins: Renee Ramsoy; Rlchard W Pralt; Sara Walliser; Stephanle Agapoff; Steven Lee Willjams; Vlcky Troyan their true and lawful Attorney(s)-ln'Fact, to slgn lts namo as surety(ies) and to oxecute, seal and acknowledge any and all bonds, underlaklngs, contracls and other written instruments in the natufe thereof, on behalf of the Companies ln thek hrsiness of guaranteeing the fidelity ofpersons, guaranteelng the performance of conlrac'ts and executing or guaranle€lng bonds and undertakings requlred or permitted ln any actlons or proceedings allowed by law. This Power-of-Attorney is granted and is signed and sealed by facslmile under and by authorlty of the followlng By-Laws adopted by the Board of Directors of Merchants Bonding Company (Mutual) on April 23, 2011 and amended August 14, 2015 and adopted by the Board of Dhectors of MerchantsNational Bondlng, lnc., on October 1 6, 201 5. "The Presldent, Secretary, Treasurer, or any Asslstant Treasurer or any Asslstant Secretary or any Vlce Presldent shal have power and authorily to appolnt AttorneysJn-Fact, and to aulhorize thern to execule on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognlzances, contracts of lndemnlty and other wrlllngs obligatory ln ttre nalure thereof.' "The signalure of any authorized officer and the seal of the Company may be affixed by facsimilo or electlonlc transmisslon lo any Power of Attorney or Certificatioil thereof authorizing the execution and dellvery of any bond, uhdertaking, recognizance, or olher suretyshlp obligations of the Company, and such signature and seal when so used shall have 0re same force and efiect as though manually flxed," ln conneclion with obllgatlons ln favor of lhe Florida Department of Transportation only, lt ls agreed ttut the power and aut horlty hereby given to the Attomeyjn+act includes any and all consents for the release of relained percenlages andlor final estlmates on engineering and conshuclion contracts required by the State of Florida Department of Transportatlon. lt is fully understood that consentlng to lhe State ofFlorida Department of Transportation making payment of the final estimate to the Contraotor and/or its assignee, shall not relleve this surety company of any of lls obllgations under lts bond. In connectlon wlth obllgatlons in favor of the Kentucky Department of Hlghways only, lt ls agreed that the power and authorlty hereby given to the Attomey-ln-Fact cannot be modified or revoked unless pdor wrilten personal notice of such lntent has been given to the Commissloner- Department of Highways of the Commonwealth of Kentucky at least thlrty (30) days prior lo the modificatlon or revocatlon. ln Wtness \Mereof, the havecausedthlslnstrumenttobesignedandsealedthis 15lh dayof Decomber ,2017 i lo -O- 2003 of their 2 MERCHANTS BONDTNG COMPANY (MUTUAL) I',IERCHP,S NATIONAL BONDII{G, INC."*-rru * STATE OF IOWA COUNTY OF DALLAS ss. On this lhis 15th day of December 2017 , before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he is Presldent of MERCHANTS BONDING COMPAIfY {MUTUAL} and MERCHANTS NATIONAL BONDING, lNC.i and that the seals affixed to the foregoing of ths Companies by authority insWment are the Corporate Seals of the Companles; and that tre said instrument was slgned and sealed ln behalf Boards of Dlrectors. Gt-r^* K- QN.*,..- Notary Public (Explratlon of notary's commlsslon does not lnvalidate this instrument) l, \A/illlam Wamer, Jr., Secretary of MERCHANTS BONDINO COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, lNC., do hereby certlfy that the above and foregoing ls a true and conecl copy of lhe POWER-OF-ATTORNEY executed by sald Companies,which is still in full force snd eJTect and has nol been amended or revoked. In Witness VVhereof, I haw hereunto affixed the seal of the Conpanies on thls 14th day of March ,2018 ,'d$tiffi a,e***.;w*-*,5&, fi*||;.$$i sec*ary Allclti K,0RAM Contrisslon NmMr 707,130 tuly Curmlsslon Expkoo 2A2A POA oolB (3/17) * I I I I I l ! I I ii t I i ! I I CITY OF BURLINGAME, CALIFORNIA JANITORIAL SERVICES BOND TOR SICI,IRITY OT LABORIRS AND MATERIAL PERSONS ri WHEREAS, the City Council of the City of Burlingame, State of California" and (hereinafter designated as "Principal") have entered into an agreement whereby Principal agrees to install and complete certain designated publi c improvements, which said agreement' dated ',, n, .*,33j1;*1 ,X',1## hereor; and WIIEREAS, under the terms of said agreemen! Principal is required before entering upon the performance of the work, to file a good and suffrcient payment bond with the City of Burlingame to secure the claims to which reference is made in Title 15 (commencing witr Section 3082) of Part 4 of Division 3 of the Civil Code of the State of California. NOW, THEREB'ORE, said Principal and the undersigned as Corporate Surety, are held firmly bound unto the City of Bur{ingame and all Contractors, subcontractors, Iaborers, material persons and other persons employed in the performance of the aforesaid agreement md referred to in the aforesaid Civil Code in the sum of dollars ($ .. ), for materials firrnished or labor thereon of any kind, or for amounts due under tho Unomployment Insurance Act with respest to such work or labor, ttrat said surety will pay the same in an amount not exceeding the amount hereinabove set forth, ard also in case suit is brought upon this bond, will pay, in addition to the faco amount thereot costs and reasonable expenses and fees, including reasonable attorney's fees, incwred by the City in successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxod as costs and to be included in the judgment therein rendered. il rl :l itil il il :Ilrlii1 ii It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under Title l5 (commencing with bection 3082) of Part 4 of Division 3 of the Civil Code, so as to give a rigfut of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect. The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of said agreoment or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extensiotl alteration or addition. 2B il rl il ii)l I il il lt IN WTNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on _. . . . 2018, PRINCIPAL SURETY By: Address NOTE: Attach notary acknowledgement for signatures of those executing for Principal and Surety By: il i : i I ! l i i I I ,l I I I.t I I i ! I I I Ij I i I ,i i j : .l : 29 1l il iaii:i .i rl ri ii illeii illt;i,t ii ri ri ii ,l I t , ! i I I I I I ! I I I I I ! i I ; ii STAFF REPORT AGENDA NO: 8c MEETING DATE: April 16,2018 To:Honorable Mayor and City Gouncil Date: April 16,2018 From: Syed Murtuza, Director of Public Works - (650) 558-7230 Subject: Adoption of a Resolution Accepting the South Rollins Road Utility lmprovement Project by Cratus !nc., City Project No. 83520 RECOMMENDATION Staff recommends that the City Council adopt the attached resolution accepting the South Rollins Road Utility lmprovement Project by Cratus lnc., City Project No. 83520, in the amount of $2,745,397.75. BACKGROUND On Augusl 21,2017, the City Council awarded the South Rollins Road Utility lmprovement Project to Cratus lnc., in the amount of $2,614,580. The City Council has implemented a robust Capital lmprovement Program to address the City's aging infrastructure. The South Rollins Road area was identified as one of the high-priority areas for addressing aging potable water system and sanitary sewer system infrastructure. The project consisted of installing new water mains and new sanitary sewer mains along Rollins Road from Corbitt Drive to Humboldt Road. The deteriorated pipelines in the area were originally installed in 1906 and have reached the end of their useful life. The potable water main work consisted of replacing old pipelines with approximately 3,671 linear feet of new 8-inch, 616 linear feet of new 6-inch, and 98 linear feet of new 4-inch Polyvinyl Chloride (PVC) and Ductile lron (Dl) water mains on South Rollins Road between Corbitt Drive and Burlingame Avenue. The sanitary sewer work consisted of replacing old sewer pipelines with approximately 657 linearfeet of new 12-inch,250 linearfeet of new 1O-inch, and 190 linearfeet of new 4-inch Polyvinyl Chloride (PVC) sewer mains on South Rollins Road between the Sewer Lift Station at 399 Rollins Road and Humboldt Road. ln addition, four new sanitary sewer manholes were installed as part of the project. The new potable water system infrastructure will improve water quality, flow, and pressure to serve the residents in the area. ln addition the new system will improve fire protection capability for the area. Similarly, the improved sanitary sewer system infrastructure will help reduce sanitary sewer overflows, minimize sewage stoppages, and improve the environment. 1 Resolution Accepting the South Rollins Road Utility lmprovement Proiect by Cratus,lnc. City Project No. 83520. April 16, 2018 DISCUSSION The project has been satisfactorily completed in compliance with the plans and specifications. The final construction cost is $2,745,398, which is $130,818 higher than the original contract price, and within the Council-approved contingencies. The increase in cost was due to adding 180 linear feet of a new 4-inch PVC main on Winchester Place, which was scheduled to be constructed with a future project, but made economic and logistical sense to replace it sooner to SAVE COSIS. FISCAL IMPACT The following are the estimated final project expenditures: Construction Construction lnspection & Testing Engineering Design & Administration $2,745,398 $200,000 $74,602 Total $3,020,000 There are adequate funds available in the fiscal year 2017-2018 Water and Sewer Capital lmprovement Program budget to cover the estimated final costs. Exhibits: o Resolution o Final Progress Payment . Project Location Map 2 RESOLUTTON NO._ A RESOLUTION OF THE CITY COUNCIL OF THE CIry OF BURLINGAME ACCEPTING IMPROVEMENTS - SOUTH ROLLINS ROAD UTILIry IMPROVEMENT PROJECT BY CRATUS,INC ctw PRoJECT NO. 83520 RESOLVED by the CITY COUNCIL of the City of Burlingame, California, which finds, orders and determines as follows: 1. The Director of Public Works has certified that the work done by Cratus, lnc. under the terms of its contract with the City dated August 21,2017, has been completed in accordance with the plans and specifications approved by the City Council and to the satisfaction of the Director of Public Works. 2. Said work is particularly described as City Project No. 83520 3. Said work is accepted. lvlayor l, Meaghan Hassel Shearer, City Clerk of the City of Burlingame, do hereby certify that the foregoing Resolution was introduced at a regular meeting of the City Council held on the '16h day of Aoril, 201 8, and was adopted thereafter by the following vote: COUNCILIvIEIVBERS: COU N C I Lttr'l Elt4 BERS : COUNCILMEII/BERS: City Clerk AYES: NOES: ABSENT: CONTRACTOR: CRATUS,lnc. ADDRESS: 945 Taraval Street, #302 San Francisco, CA 94006 CITY OF BURLINGAME PAYMENT NO. 4 South Rollins Road Utility lmprovements - Phase 1 crw PRoJECT NO.83520 DATE : March26,20'18 FoR THE [roNTH OF : Jan - Feb 2018 PURCHASE ORDER # 14275 UNIT SIZE ITEM #ITEM DESCRIPTION UNIT PRICE BID QUANTITY BID AMOUNT OUANTITY TO DATE AMOUNT TO DATE PREVIOUS PAID AMOUNT THIS PMT. 1 2 4 5 6 7 8 I 10 11 1? 13 14 't5 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 JO 37 Mobilization Trafric Control Sheeting, Shoring and Bracing Construction Slaking and Survey Site lnvestigation and Potholing Storm Water Pollution Prevention 4" Water Main - C900 PVC 6" Water Main - C900 PVC 8" Water Main - C900 PVC 10'Water Main - C900 PVC 4" Water Main - DIP 6" Water Main - DIP 8" Water Main - DIP Demo Concrete Apron & Replace With Asphalt Concrele Pavement 4" Plug or Cap & Thrust Block 6" Plug or Cap & Thrust Block Fitting 8'45 Degree Bend & Thrust Block Fitting 8" 22.5 Degree Bend & Thrust Block Fitting 6" 90 Degree Bend & Thrust Block Fitting 6" 45 Degree Bend & Thrust Block Fitting 4" 90 Degree Bend & Thrust Block Fitting 4" 45 Degree Bend & Thrust Block Fitting 1 2"x8" Concentric Reducer Fiiling 10"x8" Concentric Reducer Fitting 1 0"x6' Concentric Reducer Fitting 8"x4" Concentric Reducer Fitting 8"x6" Concentric Reducer Fitting 6"x4" Concentric Reducer Fitting 8"x8" Tee & Thrust Block Fitting 8"x6" Tee & Thrust Block Fitting 6"x6" Tee & Thrust Block 8'Gate Valve 6'Gate Valve Fire Hydrant Assembly 1" Water Service Type K Copper Tubing 2" Water Service Type K Copper Tubing & Assembly 3/4' Customer-Side Water Seruice Type K Copper Tubing 1" Customer-Side Water Service Type K Copper Tubing 2" Customer-Side Water Service Type K Copper Tubing Water Meter Box - 816 Water Meter Box - Large 836 Connecl to Existing Water 4" Main (incl. shut down, tie- in) Connect to Existing Water 6" Main (incl. shut down, tie- in) Connect to Existing Water 12" Main (incl. shut down, tie-in) Remove Existing Fire Hydrant Assembly Abandon Existing Water Valve 1 00,000.00 50,000.00 30,000.00 5,000.00 10,000.00 2,500.00 400.00 300.00 245.OO 350.00 400.00 300.00 240.00 LS LS LS LS LS LS LF LF LF LF LF LF LF SF EA EA EA EA EA EA EA EA EA EA EA EA EA EA EA EA EA EA EA EA LF 7.00 500.00 600.00 1,000.00 1,000.00 1,000.00 1,000.00 1,000.00 1,000.00 600.00 600.00 600.00 600.00 600.00 600.00 1,000.00 1,000.00 1,000.00 3,500.00 3,000.00 12,000.00 140.00 ao 40 41 42 160.00 50.00 60.00 100.00 1,000.00 1,500.00 15,000.00 1 7,500.00 20,000.00 250.00 250.00 LF LF LF LF EA EA EA EA EA EA EA 4 30 43 44 45 46 1 00,000.00 50,000.00 30,000.00 5,000.00 10,000.00 2,500.00 44,000.00 96,000.00 908,950.00 31,500.00 4,000.00 18,900.00 28,800.00 42,350.00 6,500.00 6,600.00 29,000.00 10,000.00 4,000.00 14,000.00 4,000.00 9,000.00 600.00 600.00 600.00 600.00 1,800.00 1,800.00 4,000.00 3,000.00 1,000.00 101 ,500.00 15,000.00 1 32,000.00 205,800.00 6,880.00 1.0:$ 1.0:$ 1.0:$ 1.0: $ 1.0: S 1.0: $ 98.0 : $ 580.0 : $ 3,671.0 : $ 133.0 : $ 0.0: $ 36.0 : $ 0.0: $ 7,513.25 1 00,000.00 50,000.00 30,000.00 5,000.00 1 0,000.00 2,500.00 39,200.00 1 74,000.00 899,395.00 46,550.00 100,000.00 50,000.00 30,000.00 5,000.00 10,000.00 2,500.00 39,200.00 174,000.00 899,395.00 46,550.00 10,800.00 52,592.75 1,500.00 1,800.00 9,000.00 $ $ $ $ $ $ $ $ $ $ a $ $ $ $ $ $ $ o o o $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ c $ s G $ $ 3.0 3.0 9.0 0.0 7.0 13.0 5.0 5.0 1.0 1.0 1.0 1.0 3.0 2.0 3.0 3.0 1.0 27.O 5.0 1 1.0 1,470.O 10,800.00 52,592.75 1,500.00 1,800.00 9,000.00 7,000.00 13,000.00 5,000.00 5,000.00 600.00 600.00 600.00 600.00 1,800.00 1,200.00 3,000.00 3,000.00 1,000.00 94,500.00 15,000.00 1 32,000.00 205,800.00 18,240.00 7,000.00 13,000.00 5,000.00 5,000.00 600.00 600.00 600.00 600.00 1,800.00 1,200.00 3,000.00 3,000.00 1,000.00 94,500.00 1 5,000.00 132,000.00 104,720.O0 18,240.00 1 01 ,080.00 $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ a a c $ $ $ 19,500.00 30.0 : $1,500.00 : $ 11,400.00 442.0 : $26,520.00 : $ 23.0 : $ 114.0 : $ 94.0 5.0 4.0 2,300.00 94,000.00 7,500.00 60,000.00 5.0: $87,500.00 : $ 1.0: $20,000.00 : $ 1,250.00 : $ 6,000.00 : $ 1,500.00 : $ 26,520.00 : $ 2,300.00 : $ 94,000.00 : $ 7,500.00 : $ 60,000.00 : $ 87,500.00 : $ 20,000.00 1,250.00 6,000.00 1,500.00 94,000.00 4,500.00 60,000.00 70,000.00 20,000.00 1,000.00 7,500.00 5.0 $ a $ $ $ $ $ $ $ $ $ $24.0 1 1 1 1 ,| 1 110 320 3,710 90 10 OJ 120 6,050 't3 11 29 10 4 't4 4 I 1 I I 1 3 J 4 3 1 29 5 11 1,470 43 390 190 15 94 3 4 4 I $ $ c $ $ $ $ $ $ $ $ $ $ $ a $ $ $ $ $ $ 47 48 49 50 51 52 53 54 55 56 57 58 59 Remove and Dispose of Water Meter Box and Salvage Meter Allowance for Air Release Valves 12' PVC SDR26 Sanitary Sewer Pipe - Open Trench 10'PVC SDR26 Sanitary Sewer Pipe - Open Trench 6" Sanitary Sewer Pipe - Replace Lateral 4" Sanitary Sewer Pipe - Replace Lateral Reconnect SS Lateral Replace Existing 6'Sewer Cleanout Replace Existing 4" Sewer Cleanout Remove and Replace and lnstall New Sanitary Sewer Manhole lnstall SS Pipe Stub (5 ft. min.) and Reconnect Existing Pipes Temporary Bypass Pumping Additional Dewatering (excavation greater than 7-feet) 6 $ $ $ 100.00 3,500.00 300.00 275.OO 75.00 75.00 250.00 1,200.00 1,000.00 7,500.00 2,500.00 2,500.00 250.00 EA EA LF LF LF LF EA EA EA EA EA LS DAY 97.0 1.0 657.0 250.0 $ 97 660 250 nn 190.0 9.0 0.0 9.0 $ $ $ $ $ $ o $ c $ $ $ $ 9,700.00 21,000.00 1 98,000.00 68,750.00 9,000.00 27,000.00 2,750.00 1,200.00 1 0,000_00 30,000.00 12,500.00 2,500.00 2,500.00 5.0: $ 1.0: $ 10.0 : $ 68,750.00 : $ - :$ 14,250.00 : $ 2,250.00 : $- :$ 9,000.00 : $ 30,000.00 : $ 12,500.00: $ 2,500.00 : $ 2,500.00 : $ 14,250.00 2,250.00 9,000.00 30,000.00 12,500.00: $ 2,500.00 : $ 2,500.00 : $ $ $ 9,700.00 3,500.00 1 97,1 00.00 9,700.00 3,500.00 197,100.00 68,750.00 $ $ $ $ $ $ $ $ $ $ a $ $ 120 360 11 1 10 4 5 1 10 4.0: $ c c $ SUBTOTAL $ 2,614,580.00 2,598,897.75 : $ 2,497,a17.75 i $1 01,080.00 PROJECT TOTAL $ 2.614.580.00 S 2i9B^8gz7s :f 2,497 .A17.75 $'t 01.080.00 CHANGE ORDERS CCO UNIT PRICE cco QUANTITY QUANTITY TO DATE AMOUNT TO DATE PREVIOUS PAID AMOUNT THIS PMT. UNIT SIZE AMOUNT BID DESCRIPTION# co1 c02 Sewer Repair, Winchester Pl, 12' Butterfly Valve $ 146,500.00 LS : $ 146,500.00 $ 146,500.00 : $ s $ $ 146,500.00 $$ ORDERS TOTAL $146.500.00 s ,146.500 00 : s $146.500.00 DEDUCTIONS: D1 $HR $$$ TOTAL DEDUCTIONS $$$$ PREPARED BY: DATE SUBTOTAL LESS FIVE (5%) PERCENT RETENTION SUBTOTAL WITHOUT DEDUCTIONS AMOUNT DUE FROM CONTRACTOR 2,408,127.86 2,372,926.86 TOTAL THIS PERIOD $ 2,608,127.86 : $ 2,372,926.86 : $ $ $ 2,745,397.75 : $ (137,269.89) : $ 2,497.817.75: $ (124,890.89) : $ 247,580.00 (12,379.00) CHECKED BY: APPROVED BY CITY ENGINEER: $ $ $ $ $ $ 23s,201.00 APPROVED BY CONSULTANT:235,201.00 Note: PAYMENT FUNDING FUND 326 327 82% 18o/o Retention This Period ($10,150.78) ($2,228.22) PAY This Period $192,864.82 $42,336.18 check ($12,379.00)$235,201.00 $ 11 South Rollins Road Utitity Improvements - Phase 1 City Project No. 83520 PROJEGT LOGATION MAP AIRPORT BLVT) Fz.o E, oBLVD BEACH RD SANCHEZ CREEK CHANNEL RD I I I I I I9lJU^o =rEF 9.<E =1,B Si=< bl8 ts;Eo)o SAN FRANCISCO BAY LAGOON 101 8A ys,loRE YFREEWA aa Y STAFF REPORT AGENDANO: Bd MEETING DATE: April 16,2018 To:Honorable Mayor and Gity Council Date: April 16,2018 From: Syed Murtuza, Director of Public Works - (650) 558'7230 Subject: Adoption of a Resolution Awarding a Construction Contract to Granite Rock Company for the El Porta! and Trousdale Channel Rehabilitation, Phase 2 Project - Gity Project No. 83230 RECOMMENDATION The El Portal and Trousdale Channel Rehabilitation, Phase 2 project consists of concrete repairs in the trapezoidal flood control channels. Over the years, the flood control channel has deteriorated due to water intrusion that has undermined the existing surface, and tree roots that have separated and exposed the earthen embankment. The City Council previously provided funding to complete the Phase 1 work. The Phase 2 Project will complete the remaining concrete channel repair work. Due to the nature of the scope of work, the projects required California Environmental Quality Act (CEOA) review. An initial study/mitigated negative declaration (lS/tt/ND) was prepared by the City, with a public review period from April 7 to May 8, 2017. Questions were received from the San Francisco Bay Conservation and Development Commission. The City responded to the questions, and the final IS/MND was prepared and adopted by the City Council on May 18,2017. DISCUSSION Staff completed the engineering design of the project, and advertised it for construction on February 2,2018. The project bids were opened on March 15,2018. The City received a total of five bids, ranging from $1,108,250 to $'1,748,369. Granite Rock Company is the lowest responsible bidder with its bid amount of $1,108,250, which is 16/% lower than the engineer's estimate of $1,326,000. Staff has reviewed Granite Rock Company's bid proposal and finds that the contractor has met all the project requirements, and has a past history of performing similar work successfully. As a result, staff recommends that the City Council award the project to Granite Rock Company, in the amount of $1,108,250, and authorize the City Manager to execute the construction contract. 1 Staff recommends that the City Council adopt the attached resolution awarding a construction contract to Granite Rock Company for the El Portal and Trousdale Channel Rehabilitation, Phase 2 Project in the amount of $1 ,108,250.00. BACKGROUND El Poftal and Trousdale Channel Rehabilitation Project, Phase 2, City Project No.83230 April 16, 2018 FISCAL IMPACT Estimated Proiect Expenditures: The following are the estimated project construction expenditures Construction Construction Contingency Construction Management Engineering Administration $ 1 ,108,250.00 $166,237.50 $137,000.00 $20,000.00 Tota!$1,431 ,487.50 Fundinq Availabilitv: There are adequate funds available in the Storm Drainage Capital lmprovement Program to complete the project. Exhibits:. Resolution o Bid Summary . Project Location 2 RESOLUTTON NO._ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME AWARDING A CONSTRUCTION CONTRACT TO GRANITE ROCK COMPANY FOR THE EL PORTAL AND TROUSDALE CHANNEL REHABILITATION, PHASE 2; AND AUTHORIZING THE CIry MANAGER TO EXECUTE THE CONTRACT CITY PROJECT NO. 83230 WHEREAS, on February 8, 2018, the City issued notice inviting bid proposals for the EL PORTAL AND TROUSDALE CHANNEL REHABILITATION PHASE 2, CITY PROJECT NO. 83230; and WHEREAS, on lvlarch 15,2018, five bid proposals were received and opened before the City Clerk and representatives of the Public Works Department; and WHEREAS, Granite Rock Company was the lowest bid for the job in the amount of $1 ,1 08,250 and submitted a complete proposal; and NOW, THEREFORE, be it RESOLVED, and it is ORDERED, that the Plans and Specifications, including all addenda, are approved and adopted; and BE lT FURTHER RESOLVED that the bid of Granite Rock Company, for said project in the amount of $1,108,250 is accepted; and BE lT FURTHER RESOLVED that a contract be entered into between the successful bidder and the City of Burlingame for the performance of said work, and that the City Manager is authorized on behalf of the City of Burlingame to execute said contract and to approve the faithful performance bond and the labor materials bond required to be furnished by the contractor. Mayor l, MEAGHAN HASSEL-SHEARER, City Clerk of the City of Burlingame, certify that the foregoing Resolution was introduced at a regular meeting of the City Council held on the 16th day of Aoril, 2018, and was adopted thereafter by the following vote: AYES: NOES: COUNCILlI/EMBERS: COUNCILMEIMBERS: COUNCILMEMBERS:ABSENT: City Clerk BIDDATE: MARCH15,2018 CITY OF BURLINGAME BID SUMMARY El Portal and Trousdals Channol Rshabilitation, Phase 2 City Prolsct No. 83230 Engin66r's Estimato Granit€rock ETIC Con3truction, LLC Valendn€ Corporation 1 DESCRIPTION OF LS UNIT LS PRICE $ 150.000 TOTAL COST $ 150,000.00 UNIT PRICE $ 392,000.00 TOTAL COST $ 392,000.00 UNIT $ 209,000 TOTAL COST $ 209,000.00 UNIT PRICE $ 60,000.00 TOTAL COST $ 60,000.00 UNIT PRICE $ 77,887.00 TOTAL COST $ 77.887.00 UNIT PRICE $ 514,794.00 TOTAL COST $ 514,7S4.00 2 Channel Repair 20,375 SF $ 5o.oo $'1,018,750.00 $ 26.00 $ 529,750.00 $ 23.00 $ 468,625.00 $ s2.50 $ 1.069,687.50 $ 30.95 $ 630,606.25 $ 35.00 $ 713,125.00 3 Environmenbl Pemils Comoliance LS LS $ 50.000 $ 50,000.00 $ 50.000.00 $ s0,000.00 $ 86,800 $ 86,800.00 $ 37,000.00 $ 37,000.00 $ 30,025.00 $ 30,025.00 $ 75,000.00 $ 75,ooo.oo 5 Class ll Aggregale Base 1,1 30 190 TON $ 30.00 $ 50,000.00 s s5.00 $ 62,150.00 102 $113 $ 115.260.00 $ 18.00 $ 20,340.00 $ 285.80 $ 322,954.00 $ 325.00 $ 367,250.00 Soil Disposal CY I 17s $ 33,250.00 $ 205.00 $ 38.950.00 $ 21.470.00 $ 160.00 $ 30,,()0.00 $ 914.50 $ 173,755.00 $ 200.00 $ 38,000.00 6 Root Bafiier lnstallalion 600 LF $ 40.00 $ 24,000.00 $ s9.00 $ 35,400.00 $ 465 $ 279.000.00 $ 45.00 t 27.000.00 $ 96.83 $ 58,098.00 $ 67.00 $ 40,200.00 Total Bass Bld $1,326,000.00 I 1,108rs0.00 I ,,180,'155.00 $$1,748,369.00 BIO SCHEDULE: El Podal and Trousdalc Rehabilitation Page 1 of 1 Glissman Excavating, lNc. $1 ,211,127 .50 1 ,293,325,21 El PortalChannel Project Area El PortalChannel Project Area Trousdale Channel Project Area ProjectArea (9.64 ac.) Concrete RepairAreas (0.40 ac.) Figure 2. Trousdale and El Portal Channels Rehabilitation of El Portal / Trousdale Channel and Nine Flap Gates on Sanchez Lagoon Crty of Budingarre, Ca liforn ia -+ V 0 125 2s0 500rFeet 4Dwro ENVIRONME NTAL CONSULTANTS Map Preparcd Date: 312412017 Map Prepared By: czumwalt Base Source: Esri Streaming - NAIP 2014 Data Soure(s): VVRA Path: L:lAcad 2000 Files\19000\19139-5\GlSlArcl/ap\ProjectArea with RepairAreas.mxd : I I t, E i- x ! E @ lS I 141'* ta w a 3I a STAFF REPORT AGENDA NO: 8e MEETING DATE: April 16,20'18 lo:Honorable Mayor and City Counci! Date: April 16,2018 From: Sonya M. Morrison, Human Resources Director - (650) 558-7209 Subject: Adoption of a Resolution Authorizing the Mayor to Send a Letter of Opposition Regarding AB 1912, Public Employees' Retirement: Joint Powers Agreements: Liability Staff recommends that the City Council adopt the attached resolution authorizing the Mayor to send a letter of opposition regarding AB 1912, Public Employees'Retirement: Joint Powers Ag reements: Liability. BACKGROUND The Joint Exercise of Powers Act (Government Code Section 6500 et seq., the Act) provides that two or more public agencies may, by agreement, jointly exercise any power common to the parties to the agreement and may by that agreement create an entity, a Joint Powers Authority (JPA), which is separate from the parties to the agreement. Local governments have a long history of addressing service delivery challenges with creativity, self-reliance, and innovation. Unique local challenges and limited resources continue to fuel innovative efforts to obtain expertise and provide high quality services. JPAs play a vital role in promoting regional and, in some cases, statewide collaboration in addressing public needs that cannot be effectively achieved by each local government agency acting on its own. The City of Burlingame is a member of several JPAs and benefits from the efficiencies and services provided by JPAs. Without these agreements, the City would have to solely fund and provide required services, resulting in a possible reduction in services, or it would have to reduce services overall. Assembly Bill 1912, introduced by Assembly Member Freddie Rodriguez, would significantly alter current legislation concerning responsibility for retirement liability created by JPAs. These changes would be retroactive and place a burden on existing JPAs and newly created JPAs. The League of California Cities has taken an oppose position on this bill and requested that cities do so as well. AB 1912 (Rodriguez) is pending before the Assembly Public Employees, Retirement & Social Security Committee, with a tentative hearing date of April 18,2018. 1 RECOMMENDATION Opposition to AB 1912 April 16, 2018 As currently drafted, AB'1912 places substantial burdens and new unworkable requirements on cities by applying retroactive as well as prospective joint and several liability for all retirement- related obligations to any current or former member of a JPA throughout its existence. Such obligations include active employee normal pension costs, retiree unfunded accrued liabilities (UAL), as well as both active and retiree healthcare and other post-employment retirement benefits (OPEB). Additionally, the measure mandates that a public retirement agency file suit against all agencies that have ever been a member of a terminated JPA for all retirementrelated obligations and prohibits any retirement system from approving a new JPA without express joint and several liability provisions. The provisions in AB 1912 create constitutional, fiscal, and operational challenges, which would effectively eliminate the ability to create or maintain most JPA's. Specifically AB 1912: Conflicts with Provisions of the California State Constitution - The California constitutional debt limit prohibits an agency from incurring indebtedness beyond the agency's ability to pay the debt back from revenues received in the same fiscal year without the approval of hvo-thirds of its voters (Cal Const. art XVl, $18). By applying retroactive joint and several liability to existing contracts, staff is concerned that the City of Burlingame will incur significant debts that may exceed the City's annual revenue without receiving voter approval. Gives Retirement Agency Authority to lncrease the Amount Owed Through Assumption Changes and/or lnvestment Losses - The measure would hold all agencies of a JPA accountable for the investment shortfalls, future discount rate reductions, and other assumptions changes made by the retirement agencies even if the agencies are able to pay the lump sum amount of the current unfunded liability from the JPA. Gives Exclusive Authority to the Retirement Agency to Assign Liability - As stated in SEC 6 subsection (d), AB 1 912 would grant exclusive authority to the public retirement agency to unilaterally assign liabilities to all current and former agencies of a JPA "in an equitable manner". JPA's have been in existence in Californla for nearly 100 years with state and local agencies, some as many as 500, entering and exiting these governmental bodies as service demands shift and evolve. lt would be virtually impossible for the JPA's governmental body, let alone a retirement agency, to retroactively assign "equitable" retirementspecific liabilities to potentially hundreds of agencies. Creates Funding and Operational lmpairments - The Governmental Accounting Standards Board (GASB) issued regulations (GASB 68,2012 and 76,2015) that require each state and Iocal agency to report all financial liabilities associated with public pension and OPEB liabilities. These reporting standards play a vital role in assessing the fiscal health and viability of an agency. lncurring retroactive debt would require each originating agency of a JPA to report these liabilities as debts impacting an agency's net financial position. A drastic spike in liability could contribute to the downgrading of an agency's credit rating, which in turn would 2 DISCUSSION Opposition to AB 1912 April'16, 2018 make issuing and servicing future bonds more costly through higher interest costs and additional required insurance. Applies Retroactively to Existing JPAs - AB 1912 specifies that these provisions apply retroactively to all parties, both current and former, to the joint powers agreement, and so applies to all existing joint powers agreements. lt also requires any current agreement that does not meet these requirements to be reopened to include a provision holding all member agencies party to the agreement jointly and severally liable for all of the public agency's obligations to the system. a ln summary, JPAs are tools state and local government agencies use to address service demands and infrastructure needs in a cost-effective manner. Removing this tool makes it that much more problematic to address statewide critical issues such as housing, transportation, water, air quality, workforce development, public safety, and much more. For these reasons, staff recommends that the City Council oppose the bill and authorize the Mayor to share the City's opposition with the bill's author, the League of California Cities, and others. FISCAL IMPACT The fiscal impact of this bill is unknown. Exhibits: o Resolution o Draft letter of opposition o Billtext 3 RESOLUTION NO. RESOLUTION OF THE CITY GOUNCIL OF THE CITY OF BURLINGAME AUTHORIZING THE MAYOR TO SEND A LETTER OF OPPOSITION REGARDING ASSEMBLY BILL I912, PUBLIC EMPLOYEES' RETIREMENT: JOINT POWERS AGREEMENTS: LIABILITY WHEREAS, JPAs play a vital role in promoting regional and, in some cases, statewide collaboration in addressing public needs that cannot be effectively achieved by each local government agency acting on its own; and WHEREAS, the City of Burlingame is a member of several JPAS and benefits from the efficiencies and services provided by JPAs; and WHEREAS, Assembly Bill (AB) 1912 places substantial burdens and new unworkable requirements on cities by applying retroactive as well as prospective joint and several liability for all retirement related obligations to any current or former member of a JPA throughout its existence; and WHEREAS, AB '1912 would mandate that a public retirement agency file suit against all agencies that have ever been a member of a terminated JPA for all retirement related obligations and prohibits any retirement system from approving a new JPA without express joint and several liability provisions; and WHEREAS, AB 1 912 conflicts with the California constitutional debt limit provisions prohibiting an agency from incurring indebtedness beyond the agency's ability to pay the debt back from revenues received in the same fiscal year without the approval of two{hirds of its voters; and WHEREAS, AB 1912 holds all agencies of a JPA accountable for the investment shortfalls, future discount rate reductions, and other assumption changes made by the retirement agencies even if the agencies are able to pay the lump sum amount of the current unfunded liability from the JPA; and WHEREAS, AB 1912 grants exclusive authority to the CaIPERS public retirement agency to unilaterally assign liabilities to all current and former agencies of a JPA "in an equitable manner", retroactively, without regard to the specific liabilities of potentially hundreds of agencies; and WHEREAS, AB 1912 creates funding and operational impairments, owing to the covernmental Accounting Standards Board (GASB) issued regulations (GASB 68,2012 and76, 2015) that require each state and local agency to report all financial liabilities associated with public pension and OPEB liabilities; and WHEREAS, the Joint Exercise of Powers Act (Government Code Section 6500 et seq., the Act) provides that two or more public agencies may by agreement jointly exercise any power common to the parties to the agreement and may by that agreement create an entity, a Joint Powers Authority (JPA), which is separate from the parties to the agreement; and 1 WHEREAS, these reporting standards play a vital role in assessing the fiscal health and viability of an agency; and WHEREAS, AB 1912 specifies that these provisions apply retroactively to all parties, both current and former, to the joint powers agreement, and so apply to all existing joint powers agreements; and WHEREAS, AB 1912 would also require any current agreement that does not meet these requirements to be reopened to include a provision holding all member agencies party to the agreement jointly and severally liable for all of the public agency's obligations to the system. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BURLINGAME DOES HEREBY RESOLVE THAT: The City of Burlingame opposes AB 1912 and authorizes the Mayor to send a letter of opposition to the bill's author, Assemblymember Rodriguez, with a copy to the League of California Cities and others. Mayor Michael Brownrigg l, 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 held on the 16th day of April, by the following vote: AYES: NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: City Clerk 2 The City of Burlingome Michoel Brownrigg, Moyor Donno Colson, Vice Moyor Emily Beoch Ann Keighron Ricordo Ortiz CITY HALL _ 50I PRIMROSE ROAD BURLI NGAME, CALIFORNI A 9 4OI 0-3997 TEL: (650) s58-7200 FAX: (650) s66-9282 www.burlingome.org RE: April 16, 2018 The Honorable Freddie Rodriguez Chair, Assembly Public Employees, Retirement & Social Security State Capitol Building, Room 2188 Sacramento, CA 95814 Via Fax:916-319-2152 AB 1912 (Rodriquez). Public Emplovees' Retirement: Joint Powers Aqreements: Liabilitv. Notice of Opposition (as amended 03/19/2018) Dear Assembly Member Rodriguez: I am writing on behalf of the City Council of the City of Burlingame to let you know of our strong opposition to your Assembly Bill (AB) 1912 relating to retirement liabilities of Joint Powers Authorities (JPA). JPA's play a vital role in addressing public needs that cannot be effectively achieved by a local agency acting on its own. Our city faces unique local challenges and a limited budget, but we continue to innovate in order to obtain expertise and provide high quality services through the use of JPAs. The City of Burlingame benefits from multiple JPAs, including our membership in the Central County Fire Department. Losing the ability to form and/or benefit from a JPA would impact our ability to provide services, like fire protection, and would result in reduced services, employee layoffs, higher costs for residents, and, potentially, the need to outsource work to the private sector. We are deeply concerned that JPAs will no longer be a viable toolshould AB 1912 become law. AB 1912, as currently drafted, places substantial burdens and new unworkable requirements on cities by applying retroactive as wellas prospective joint and several liability for all retirementrelated obligations to any current or former member of a JPA throughout its existence. Such obligations include active employee normal pension costs, retiree unfunded accrued liabilities (UAL), as well as both active and retiree healthcare and other post-employment retirement beneflts (OPEB). According to the most recently available data from the State Controlle/s Office, the unfunded liability of Califomia's 130 state and local government pension plans stands al$241.3 billion, and $125 billon for retiree healthcare costs. These costs and their impact on local govemments cannot be overstated. Additionally, AB 1912 would mandate that a public retirement agency file suit against all agencies that have ever been a member of a terminated JPA for all retirement-related obligations and prohibits any retirement system from approving a new JPA without express joint The Honorable Freddie Rodriguez April 16,2018 Page 2 and several liability provisions. The provisions in AB 1912 create constitutional, Iiscal, and operational challenges, which would effectively eliminate the ability to create or maintain the use of most JPA's. Specilically AB 1912: Conflicts with Provisions of th e California State Constitution: The California constitutional debt limit prohibits an agency from incurring indebtedness beyond the agency's ability to pay the debt back from revenues received in the same fiscalyear without the aoDroval of two{hirds of its voters (Cal Const aftXV| $18). These safeguards were placed in the State's constitution to avoid a situation in which bond issuers might compel an increase in taxes or foreclose on local government assets (Citv of Redondo Beach v Taxpavers. Propertv Owners, Citizens & Electors (19601 54 C2d 126. 131; Countv of Shasta v Coun tv of Trinitv fi980) 106 cA3d 30.30 By applying retroactive joint and several Iiability to existing contracts, we are concerned that the City of Burlingame will incur signiflcant debts that may exceed our annual revenue without receiving voter approval. Further, it can be argued that rekoactively incurring debts of another agency violates article XVl, 56 of the Califomia Constitution, which prohibits an agency from giving or lending public funds to any person, public, or private entity. A JPA is an independent governmental body whereby the City of Burlingame has no legal, statutory oversight or managing authority. Liabilities from such entities retroactively applied to each member agency would constitute a gift of public funds to an individual(s) and/or public entity. Gives Retirement Ao encv Au thoritv to lncrease the Amount Throuoh AssumDtion Chanqes and/or lnvestment Losses: Retirement obligations are unlike other forms of traditional debts and liabilities. Unfunded retirement liabilities are particularly volatile and can grow to insurmountable costs based on no fault ofthe agencies who contract with a retirement system for health and pension benefits. It is estimated that in frscal year 2008-2009, CaIPERS lost approximately $100 billion in assets, resulting in a gross loss of 34.75 percent of the fund's total value. According to CaIPERS (CL#200-004-17), employer contributions are poected to double by fiscal yeat 24-25. Additionally, those numbers are poised to grow even more in the short term when factoring CaIPERS' recent decision to modify its amortization schedule from 30 years to 20. AB '1912 would hold all agencies of a JPA accountable for the investment shortfalls, future discount rate reductions, and other assumption changes made by the retirement agencies, even if the agencies are able to pay the lump sum amount of the current unfunded liability from the JPA. Gives Exclusive oritv to the Retirement Aqencv Assion Liabilitv: As stated in SEC 6 subsection (d), AB 1912 would grant exclusive authority to the public retirement agency to unilaterally assign liabilities to all current and former agencies of a JPA "in an equitable manner". JPA's have been in existence in California for nearly 100 years with state and local agencies-some as many as 500 entering and exiting these govemmental bodies as service demands shift and evolve. It would be virtually impossible for the JPA'S governmental body, let alone a retirement agency, to retroactively assign "equitable' retirement-specific liabilities to potentialty hundrcds of agencies. This is especially conceming when you factor in the various assumption changes outlined in the section above. This vague and ambiguous direction demonstrates a fundamenlal misunderstanding of the formation, management and purpose of a JPA, which will inevitability lead to a perpetual cycle of protracted and costly litigation contesting the retirement agency's discretion of proportional liability. Register online wi'th the City of Burlingome to receive regulor City updotes ol www.Burlin om The Honorable Freddie Rodriguez April 16,2018 Page 3 Creates Fundinq and Operational lmpairments: The GovernmentalAccounting Standards Board (GASB) issued regulations (GASB 68,2012 and 76, 2015)that require each state and local agency to report all financial liabilities associated with public pension and OPEB liabilities. These reporting standards play a vital role in assessing the fiscal health and viability of an agency. lncurring retroactive debt would require each originating agency of a JPA to report these liabilities as debts, impacting an agency's net financial position. A drastic spike in liability could contribute to the downgrading of an agency's credit rating, which in turn would make issuing and seruicing future bonds more costly through higher interest costs and additional required insurance. JpAs are tools state and localgovernment agencies use to address service demands and infrastructure needs in a cost-effective manner. Removing this tool makes it that much more problematic to address statewide critical issues such as housing, transportation, water, air quality, workforce development, public safety, and much more. For the reasons stated above the City of Burlingame must strongly oppose Assembly Bill 1912. lf you have any question about the City's position on this matter, please contact City Manager Lisa Goldman at lqoldman@burlinqame.orq or 650-558-7204. Sincerely, Michael Brownrigg Mayor cc:State Assembly Member Kevin Mullin State Senator Jerry Hill Seth Miller, League of California Cities Regional Public Affairs Manager, smiller@cacities.orq Michael Bolden, Chief Consultant, Assembly Committee on Public Employees, Retirement, and Social Security, michael.bolden@asm.ca.oov Joshua White, Consultant, Assembly Republican Caucus, Joshua.white@asm.ca.qov Meg Desmond, League of California Cities, Citvletters@cacities.orq Register online with the City of Burlingome lo receive regulor City updotes of www.Burlinqome.org AMENDED IN ASSEMBLY MARCH 19, 2018 cALIFORNIA LEG rS LATURE-2or7-r8 REGULAR SES SI ON ASSEMBLY BILL No. 1912 Introduced by Assembly Member Rodriguez January 23,2018 An act to amend Section retireme* 6508.1 of, to add Sections 6508.2, 20461.1, 20574.1, and 20575.1 to, and to repeal and add Section 20577.5 of, the Government Code, and to amend Section 366.2 of the Public Utilities Code, relating to public agencies, and making an appropriation therefor. LEGISLATIVE COUNSEL,S DIGEST AB 1912, as amended, Rodriguez. Public employees'-etircment re tirement : j o int pow ers agre ements : I iability. (1) Existing law establishes various public agency retirement systems, including, among others, the Public Employees'Retirement System, the State Tbachers'Retirement System, the Judges'Retirement System II, and various county retirement systems pursuant to the County Employees Retirement Law of 1937. These systems provide defined pension benefits to public employees based on age, service credit, and amount offinal compensation. The Joint Exercise of Powers Act generally authorizes 2 or more public agencies, by agreement, to iointly exercise any common power Under the act, if the agency is not one or more of the parties to the agreement but is a public entity, commission, or board constituted pursuant to the agreement, the debts,liabilities, and obligations of the agency are the debts, liabilities, and obligations of the parties to the agreement, unless the agreement specifies otherwise. Existing law also permits a party to an ogreement to separately contract fo4 or assume 98 86 ot pauadoil aq ot sruauailnbil asaqt paru pu saop pqt ruaruail8D rua.un) tuo a.nnba"t oslo pruot^ illq aqJ '\uaruaa"t8o aW q zaru'rot puo ruaLtn) qpq 'sau"rud yo ol t1am1coo"4a.t Qddo suorstn'o"td asoqt ruqt r{tcads pltxotut illq aqJ 'ruatsts aW q uoltD8llqo s,tcuaSo crlqnd aW to 11o nl a1qory tllonos puo ,Qtu!o{ a.M tuaruaar8o pqt o7 sav.,ud aW ilo ssalun pV s.tawod to asttaxE rulof aW rapun paru'ro{,bua8o nlqnd tuo WlM &ulpDrtuoc ruo"{p"tooq aW uEqo"td pyxot ruq.qqJ ts ruarua4pt arylo uottDqslutrupo ary oa[o,fias"taapo p1tlow saulwoqp pnoq aW pry puD MDI pqt tq pan"toquxD {11ocficads rcu a.ru Pqt suotsr,to.td t{nurq {uo "tot tcuaSo nlqnd {uo 'tq pasodo.td ryawpuaruo uD ol aatSo ot n 'qry*r pDtluoJ o7 asnla.t toru ptooq aW 'T[gd Dpun 'uouD.ttsrutrupVto p.toog s71u1 gyg4lo lortuo) puo ruarua8ounru s$at T[Id 'suottD!"tDi ulzLta) o7 pa[qns 'ruaruallpJ 7o a8o puo 'ach)as paUpan 'uoltDsuadruoc pu{uo pasoq 'rua1sts aqtto staqwaru o7 t{auaq pau{ap o sapm.otd q4qw'(SvgA ruars{g luarua"tua[, saatoldwg rqqnd ary sapan OA4A MDT uarua"ulay, saatoldruE t1qn4 aq1 ft) 'ruaruaat&o stauod Tuto[ary ot larutotpuo rua.t.tto qpq 'saqfid 11o o1 t1arurcoo4a"t tlddo suotsrtto.td asoqt rury $tcads pruo(vt lfq aW'pa.tapua"t n TuawBpn[ aqt uaq*t unr q su8aq luaru8pn[ aqt rQ paulruDpp ,QlIqoU aW q 1cafqns s! pW tl.tod "taqp aW 6uro3o pa)uaruruo) uotpD uo .to paruasa.td aq ,bru ttntut .to{rurc1c D q)ryM ulqqAt aruu aqt 'wa1sts ruaLua4p"t aqt q suot1oBqqo sy lo qcoatq o nl ruaruaat8o aqt ot {l,tod o .to tcuaBn uo TsutoSo paapua.t n paru8pnf o ! rury apt,to"td osp ppofir illq aqJ 'utalsts uarua.4pr aqt q suotlo8qqo yo nt a1qor1 Qptaos puo ,tltuto! aq pruow 'luaruaa"t8o aW q nwtol puo ruailn) qloq 'sa1fid yn 'rua1sts luarua.tua,t ruqnd o ut sapdtctl.tod 1uaruaa'8o s"ra,ttod 7u1otp ot tcuaSo uo! rury $rcads tllouoltlppD pryoltL lfq aqJ 'suottoBtlqo "to 'sag1lqD7 'stqap asoqt,toltco"ttuoc tlauo.todas ot tt.tod o Ttw"tad pqy puo suotloBqqo puo 'sauuryDU 'stqap raqt ot sD asw raqp r{tcads ot sautod atoru to auo uaaMlaq ruaruaa"t&o uo ttw"tad pqt s"top&atSSo nrcq) tl1unruruoc .tol suotstrto.rd pa1o1a.t asoqt puo tc7 snwod to anc"taxg ru\of aw urutll^ suotst,totd aioqD aqt awutarya prtol ruq suJ '{cua&o ary lo s.taqwaru aW lo asow aq pu ilDqs {cuaBp ary to suorlo8tlqo puD 'saurfqDry 'stqap aqt pW ruautaa.tSo s.ta*tod Turof naql ur r{rcads oslo ot puo {cua8o stauod 7u1o[ o q&no.tqt dnotB o so a1odtclttod ot stop&atSSo nrcq) ,(t1unruwoc aq ot panJoqfiD sau!rua siluttad'spool lD)t"q)ap ot padsa.t WlM'turzl 3u17s1xg'{tua8o ary lo suotlo&po ro 'sauqlqDry 'stqap cgftcads lot sa1411q1suodsa.t -z-z16I gV 3 AB 1912 include a provision holding all member agencies party to the agreement jointly and severally liablefor all of the public agency's obligations to the system. (3) Existing law authorizes the governing board of a contracting agency to terminate its membership with PERS, subiect to specified criteria. Existing law requires the PERS board to enter into a specffied agreement with the governing body of a terminating agency, upon request of that agency, to ensure thatfinal compensation is calculated in the same manner as benefits of nonterminating agencies, and that reloted necessary adjustments in the employer's contribution rate are made and benefits adequately funded, including a lump-sum payment at termination, if agreed to by the terminating agency and the board. Existing law requires a terminating agency to notify the PERS board of its intention to enter into this agreement within a specified period of time. Existing law authorizes the PERS board to choose not to enter into an agreement to terminate if the board determines thot it is not in the best interests of PERS. Existing law requires all plan assets and liabilities of a terminating agency to be deposited in a single pooled account, the terminated agency pool subaccount within the Public Empl oyees' Retirement Fund, a continuous ly appropri ated fund. This bill would also require the PERS board to enter into the above-described agreement upon request of a member agency of a terminating agencyformed under the Joint Exercise of Powers Act, and would require a member agency to notifu the PERS board of its intention to enter into this agreement within a specified period of time. The bill would authorize the board, if it determines that it is not in the best interests of the retirement syslem, lo choose not to enter into that agreement. To the extent that the bill would increase any lump-sum payments made by a terminating ogency and deposited into a subaccount within the Public Employees'Retirement Fund, the bill would make an appropriation. The bill would also provide that if the governing body of a terminating agency or the governing bodies of its member agencies do not enter into an agreement, the member agencies would then assume the retirement obligationsfor their retirement systems, which the board would be required to apportion equitably among the member agencies. (4) Existing law makes a terminated agency liable to the systemfor any deficit infimdingfor earned benefits, interest, andfor reasonable and necessary costs of collection, including attorney's fees. Existing law provides that the board has a lien on the assets of a terminated contracting agency, as specified, and that assets shall also be available 98 AB 1.912 -4- to pay actual costs, including attorney's fees necessarily expended for collection on the lien. This bill would extend that liability and lien to all of the parties of a terminating agency that was formed under the Joint Exercise of Powers Act. The bill would specify that the liability of those parties is ioint and several. To the extent that these changes would increase deposits in the Public Employees' Retirement Fund, the bill would make an appropriation. (5) Existing law authorizes the board of PERS to elect not to impose a reduction, or to impose a lesser reduction, on a terminated plan if the board has made all reasonoble efforts to collect the amount necessary to fully fund the liabilities of the plan and the board finds that not reducing the benefits, or imposing a lesser reduction, will not impact the actuarial soundness of the terminated agency pool. This bill would eliminate that provision. The bill would require the board to bring a civil action against any member agencies to a terminated agency formed by an agreement under the Joint Exercise of Powers Act to compel payment of the terminated public agency's pension obligations. The bill wottld also specify that the board is entitled to reasonable attorney's fees in addition to other costs. The bill would also s et forth related I egis lative findings. ie I'xisting taw proh ioff @ isiot Vote: majority. Appropriation: fieyes. Fiscal committee: tro yes. State-mandated local program: no. The people of the State of California do enact asfollows: I SECTION 1. The Legislaturefinds and declares asfollows: 2 (o) Retirement security is important to families, workers, qnd 3 communities, as well as to the locol, regional, and statewide 4 economies, and provides financial security and dignity to those 5 who retire. 98 -5-AB 1912, | (b) A defined benefit plan ffirs, among other types of retirement 2 plans, a guarantee offinancial security in retirement. 3 (c) A Joint Power Authority (JPA) created pursuant to the Joint 4 Exercise of Powers Act (Chapter 5 (commencing with Section 5 6500) of Division 7 of Title I of the Government Code) provides 6 important services and benefits to its geographical areas and 7 communities. 8 (d) A JPA may offer a defined benefit plan to attract, recruit, 9 and retain highly skilled employees toward providing services and 10 fulfilling its purpose. 1 1 (e) Employees who have been promised a retirement allowance 12 and the other benefits of a defined benefit plan by their employer 13 should be provided those benefits after reaching the requisite age, 14 based o, years ofservice and an established benefitformula, as 15 promised by that emploYer. 16 (fl Further an employee who accepts employment with a JPA 17 employer that promises a defined benefit plan may detrimentally 18 ,"[y o, the retiiement benefit, as committed by the employer during 19 hii or her employment and retirementfrom that employer 20 (g) Moreover a JPA might have limited sources of revenue, 2l oni on inability to increase, or secure additional sources of 22 revenue, that may lead to fnancial distress or insolvency of the 23 JPA, absent the financial surety of its member agencies and for 24 the retirement benefits of the JPA's employees. 25 (h) Additionally, employees who rely on a promise by a JPA 26 employer to provide retirement benefits by accepting aryd 27 *iintoiring employment with the employer based partly on the 28 employer's promise may do so to their own retirement detriment. 29 (i1 fnut,-*ember agencies of a JPA should not be permitted to 30 absolve themselves offinancial liability, in whole or in part, of the 31 financial distress or insolvency of a JPA that results in reductions 32 in a defined benefit plan retirement allowance of a retired JPA 33 employee, of which the agencies are members. 34 (1) rherefore, in order to ensure that the Board of Administration 35 of the Public Employees'Retirement System is meeting itsfi&rciary 36 duties and responsibilities to its members and the system, the board 37 should be peimitted to seek legal redress on behalf of its members 3 8 as a resuli of the financial insolvency of a JPA that contracts with 39 the retirement system if the financial distress or insolvency of the 40 JPA may result in a redtrction of retirement benefits to its members. 98 AB 1912 6 | (k) Further to ensure that the board is meeting its fiduciary2 duties and responsibilities, both current andfuture contracts with 3 the retirement system by a JPA must include joint and several 4 liability provisions that apply to all agencies under the agreement 5 in order to protect the members of the retirement system against 6 financial insolvency. 7 SEC. 2. Section 6508.1 of the Government Code is amended 8 to read: 9 6508.1. If the agency is not one or more of the parties to the l0 agreement but is a public entity, commission, or board constituted I 1 pursuant to the agreement, the debts, liabilities, and obligations of 12 the agency shall be debts, liabilities, and obligations of the parties 13 to th ise l4 agreement. l5 16 reseonsibitity for 17 egerclt 18 SEC. 3. Section 6508.2 is added to the Government Code, to 19 read: 20 6508.2. (a) Notwithstanding Section 6508.1, if the agency 2l participates in a public retirement system, all parties, both current 22 and forme4 to the agreement, including all amendments thereto, 23 shall be jointly and severally liable for all obligations to the 24 retirement system. 25 (b) Notwithstanding any other law, if a iudgment is rendered 26 against an agency or a party to the agreement for a breach to its 27 obligations to the public retirement system, the time within which 28 a claim for injury may be presented or an action commenced 29 against any other party that is subiect to the liability determined 30 by the judgment begins to run when the judgment is rendered. 31 (c) This section shall apply retroactively to all parties, both 32 current andformer, to the ogreement. 33 SEC. 4. Section 20461.1 is added to the Government Code, to 34 read: 35 20461.1. (a) The board shall not contract with any public 36 agency formed by an agreement under Chapter 5 (commencing 37 with Section 6500) of Division 7 of Title I unless all the parties to 38 that agreement, including all amendments thereto, are jointly and 39 severally liable for all of the public agency's obligations to this 40 system. 98 1 2 J 4 5 6 7 8 9 10 11 12 t3 t4 15 24 25 26 28 29 30 3l 32 JJ 34 35 36 3t 38 39 40 t6 r7 18 t9 20 2t 22 23 27 -7-AB t9t2 (b) This section shall apply retroactively to all parties, both current and formeri to the agreement. Any current agreement forming a public agency under Chapter 5 (commencing with Section 6500) of Division 7 of Title I that does not meet the requirements set forth in this section shall be reopened to include a provision holding all member agencies party to the agreement jointly and severally liablefor all of the public agency's obligations to this system. SEC. 5. Section 20574.1 is added to the Government Code, to read: 20574.1. In lieu of the procedure setforth in Section 20574, all parties to a terminating ogency that was formed by an agreement under Chapter 5 (commencing with Section 6500) of Division 7 of Title I shall be jointly and severally liable to the systemfor any deficit infundingfor earned benefits, as determined pursuant to Section 20577, interest at the actuarial ratefrom the date of termination to the date the agency pays the system, and reasonable and necessary costs of collection, including attorneys' fees. The board shall have a lien on the assets of a terminated contracting agency and on the assets of all parties to the terminating contracting agency, subiect only to a prior lien for wages, in an amount equal to the actuarially determined deficit in funding for earned benefits of the employee members of the agency, interest, and collection costs. The assets shall also be available to pay octual costs, including attorney's fees, necessarily expended for collection of the lien. SEC. 6. Section 20575.1 is added to the Government Code, to read: 2057 5. 1 . (a) Notwithstanding any other provision of this part to the contrary, upon request of a terminating agency formed by an agreement under Chapter 5 (commencing with Section 6500) of Division 7 of Title I or of any member agency to the agreement, the board shall enter into an agreement with the governing body of a terminating agency or the governing body of the member agency in order to ensure that (l) thefinal compensation used in the calculation of benefits of its employees shall be calculated in the same manner as the benefits of employees of agencies that are not terminating, regardless of whether they retire directly from employment with the terminating agency or continue in other public service; and (2) related necessary adiustments in the employer's 98 AB t9t2 -8- I contribution rate are made,.from time to time, by the board prior 2 to the date of termination to ensure that benefits are adequately 3 .funded or any other actuarially sound payment technique, including 4 a lump-sum payment at termination, is agreed to by the governing 5 body of the terminating ogency and the board. 6 (b) A terminating agencyformed by an agreement under Chapter 7 5 (commencing with Section 6500) of Division 7 of Title I that will 8 cease to exist or its member agency shall notify the board not 9 sooner than three years nor later than one year prior to the 10 terminating agency's termination date of its intention to enter into 11 agreement pursuant to this section. The terms of the ogreement 12 shall be reflected in an amendment to the agency's contract with l3 the board. 14 @ If the boord, itself, determines that it is not in the best 15 interests of the system, it may choose not to enter into an agreement 16 pursuant to this section. 17 (d) If the governing body of a terminating agencyformed by an 18 agreement under Chapter 5 (commencing with Section 6500) of 19 Division 7 of Title I or the governing bodies of its member agencies 20 do not enter into an agreement pursuant to this section, the member 2l agencies shall assume the retirement obligations on their 22 retirement systems. The board shall apportion the obligations 23 among the member agencies in an equitable manner. 24 SEC. 7. Section 20577.5 of the Government Code is repealed. 25 26 27 28 29 30 31 will not impaet the aetuarial soundness of the terminated ageney 32 eoot33 SEC. 8. Section 20577.5 is added to the Government Code, to 34 reod: 35 20577.5. The board shall bring a civil action against any and 36 all of the member agencies that are parties to a terminated agency 37 formed by an agreement under Chapter 5 (commencing with 38 Section 6500) of Division 7 of Title I to compel payment of the 39 terminated ogency's pension obligations, and shall be entitled to 40 reasonable attorneys'fees in addition to other costs. 98 -9-AB 1912 I SEC. 9. Section 366.2 of the Public Utilities Code is amended 2 to read: 3 366.2. (a) (l) Customers shall be entitled to aggregate their 4 electric loads as members of their local community with 5 community choice aggregators. 6 (2) Customers may aggregate their loads through a public 7 process with community choice aggregators, if each customer is 8 given an opportunity to opt out of his or her communit5r's 9 aggregation program. l0 (3) If a customer opts out of a community choice aggregator's l1 program, or has no community choice aggregation program 12 available, that customer shall have the right to continue to be served l3 by the existing electrical corporation or its successor in interest. 14 (a) The implementation of a community choice aggregation 15 program shall not result in a shifting of costs between the customers 16 of the community choice aggregator and the bundled service 17 customers of an electrical corporation. l8 (5) A community choice aggregator shall be solely responsible 19 for all generation procurement activities on behalf of the 20 community choice aggregator's customers, except where other 2l generation procurement arrangements are expressly authorized by 22 statute. 23 (b) If a public agency seeks to serve as a community choice 24 aggregator, it shall offer the opportunity to purchase electricity to 25 all residential customers within its jurisdiction. 26 (c) (1) Notwithstanding Section 366, a community choice 27 aggregator is hereby authorized to aggregate the electrical load of 28 interested electricity consumers within its boundaries to reduce 29 transaction costs to consumers, provide consumer protections, and 30 leverage the negotiation of contracts. However, the community 31 choice aggregator may not aggregate electrical load if that load is 32 served by a local publicly owned electric utility. A community 33 choice aggregator may group retail electricity customers to solicit 34 bids, broker, and contract for electricity and energy services for 35 those customers. The community choice aggregator may enter into 36 agreements for services to facilitate the sale and purchase of 37 electricity and other related services. Those service agreements 38 may be entered into by an entity authorized to be a community 39 choice aggregator, as defined in Section 331.1. 98 AB t9t2 1 2 aJ 4 5 6 7 8 9 10 11 t2 13 l4 l5 l6 t7 18 19 20 2t 22 24 25 26 28 29 30 31 32 JJ 34 35 36 37 38 39 40 -10- 23 27 (2) Under community choice aggregation, customer participation may not require a positive written declaration, but each customer shall be informed of his or her right to opt out of the community choice aggregation program. If no negative declaration is made by a customer, that customer shall be served through the community choice aggregation program. If an existing customer moves the location of his or her electric service within the jurisdiction of the community choice aggregator, the customer shall retain the same subscriber status as prior to the move, unless the customer affirmatively changes his or her subscriber status. If the customer is moving from outside to inside the jurisdiction of the community choice aggregator, customer participation shall not require a positive written declaration, but the customer shall be informed of his or her right to elect not to receive service through the community choice aggregator. (3) A community choice aggregator establishing electrical load aggregation pursuant to this section shall develop an implementation plan detailing the process and consequences of aggregation. The implementation plan, and any subsequent changes to it, shall be considered and adopted at a duly noticed public hearing. The implementationplan shall contain all of the following: (A) An organizational structure of the program, its operations, and its funding. (B) Ratesetting and other costs to participants. (C) Provisions for disclosure and due process in setting rates and allocating costs among participants. (D) The methods for entering and terminating agreements with other entities. (E) The rights and responsibilities of program participants, including, but not limited to, consumer protection procedures, credit issues, and shutoff procedures. (F) Termination of the program. (G) A description of the third parties that will be supplying electricity under the program, including, but not limited to, information about financial, technical, and operational capabilities' (4) A community choice aggregator establishing electrical load aggregation shall prepare a statement of intent with the implementation plan. Any community choice load aggregation established pursuant to this section shall provide for the following: (A) Universal access. 98 I 2 aJ 4 5 6 7 8 9 l0 l1 t2 13 t4 15 l6 r7 l8 19 20 2t 22 23 24 25 26 28 29 30 3l 32 33 34 35 36 37 38 39 27 - 11-AB 1912 (B) Reliability. (C) Equitable treatment of all classes of customers. (D) Any requirements established by state law or by the commission concerning aggregated service, including those rules adopted by the commission pursuant to paragraph (3) of subdivision (b) of Section 8341 for the application of the greenhouse gases emission performance standard to community choice aggregators. (5) In order to determine the cost-recovery mechanism to be imposed on the community choice aggregator pursuant to subdivisions (d), (e), and (f) that shall be paid by the customers of the community choice aggregator to prevent shifting of costs, the community choice aggregator shall file the implementation plan with the commission, and any other information requested by the commission that the commission determines is necessary to develop the cost-recovery mechanism in subdivisions (d), (e), and (f1. (6) The commission shall notifu any electrical corporation serving the customers proposed for aggregation that an implementation plan initiating community choice aggregation has been filed, within l0 days of the filing. (7) Within 90 days after the community choice aggregator establishing load aggregation flles its implementation plan, the commission shall certiff that it has received the implementation plan, including any additional information necessary to determine a cost-recovery mechanism. After certification of receipt of the implementation plan and any additional information requested, the commission shall then provide the community choice aggregator with its findings regarding any cost recovery that must be paid by customers of the community choice aggregator to prevent a shifting of costs as provided for in subdivisions (d), (e), and (f). (8) No entity proposing community choice aggregation shall act to furnish electricity to electricity consumers within its boundaries until the commission determines the cost recovery that must be paid by the customers of that proposed community choice aggregation program, as provided for in subdivisions (d), (e), and (f1. The commission shall designate the earliest possible effective date for implementation of a community choice aggregation program, taking into consideration the impact on any annual 98 AB t9l2 -12- I procurement plan of the electrical corporation that has been 2 approved by the commission. 3 (9) All electrical corporations shall cooperate fully with any 4 community choice aggregators that investigate, pursue, or 5 implement community choice aggregation programs. Cooperation 6 shall include providing the entities with appropriate billing and 7 electrical load data, including, but not limited to, electrical 8 consumption data as defined in Section 8380 and other data 9 detailing electricity needs and patterns of usage, as determined by l0 the commission, and in accordance with procedures established I I by the commission. The commission shall exercise its authority 12 pursuant to Chapter I I (commencing with Section 2100) to enforce 13 the requirements of this paragraph when it finds that the 14 requirements of this paragraph have been violated. Electrical 15 corporations shall continue to provide all metering, billing, l6 collection, and customer service to retail customers that participate 17 in community choice aggregation programs. Bills sent by the 18 electrical corporation to retail customers shall identifu the 19 community choice aggregator as providing the electrical energy 20 component of the bill. The commission shall determine the terms 2l and conditions under which the electrical corporation provides 22 services to community choice aggregators and retail customers. 23 (10) If the commission finds that an electrical corporation has 24 violated this section, the commission shall consider the impact of 25 the violation upon community choice aggregators. 26 (11) The commission shall proactively expedite the complaint 27 process for disputes regarding an electrical corporation's violation 28 of its obligations pursuant to this section in order to provide for 29 timely resolution of complaints made by community choice 30 aggregation programs, so that all complaints are resolved in no 31 more than 180 days following the filing of a complaint by a 32 community choice aggregation program concerning the actions of 33 the incumbent electrical corporation. This deadline may only be 34 extended under either of the following circumstances: 35 (A) Upon agreement of all of the parties to the complaint. 36 (B) The commission makes a written determination that the 37 deadline cannot be met, including findings for the reason for this 38 determination, and issues an order extending the deadline. A single 39 order pursuant to this subparagraph shall not extend the deadline 40 for more than 60 days. 98 -13-AB 1912 | (12) (A) An entity authorized to be a community choice 2 aggregator, as defined in Section 331.1, that elects to implement 3 a community choice aggregation program within its jurisdiction 4 pursuant to this chaptel shall do so by ordinance. A city, county, 5 or city and county may request, by afifirmative resolution of its 6 governing council or board, that another entity authorized to be a 7 community choice aggregator act as the community choice 8 aggregator on its behalf. Ifa city, county, or city and county, by 9 resolution, requests another authorized entity be the community 10 choice aggregator for the city, county, or city and county, that 11 authorized entity shall be responsible for adopting the ordinance 12 to implement the community choice aggregation program on behalf 13 of the city, county, or city and county. 14 (B) Two or more entities authorized to be a community choice l5 aggregator, as defined in Section 331.1, may participate as a group 16 in a community choice aggregation program pursuant to this 17 chapter, through a joint powers agency established pursuant to 18 Chapter 5 (commencing with Section 6500) of Division 7 of Title 19 1 of the Government Code, if each entity adopts an ordinance 20 pursuant to subparagraph (A). 2l is-a 22 €offiftuni 23 24 25 26 27 28 memUers to votuntmll ions 29 ission 30 31 32 33 34 (13) Following adoption of aggregation through the ordinance 35 described in paragraph (12), the program shall allow any retail 36 customer to opt out and to continue to be served as a bundled 37 service customer by the existing electrical corporation, or its 38 successor in interest. Delivery services shall be provided at the 39 same rates, terms, and conditions, as approved by the commission, 40 for community choice aggregation customers and customers that 98 AB 1912 1 2 J 4 5 6 7 8 9 l0 l1 t2 13 t4 15 t6 t7 18 19 20 21 22 23 24 25 26 27 28 29 30 3l 32 JJ 34 35 36 37 38 39 40 -14- have entered into a direct transaction where applicable, as determined by the commission. Once enrolled in the aggregated entity, any ratepayer that chooses to opt out within 60 days or two billing cycles of the date of enrollment may do so without penalty and shall be entitled to receive default service pursuant to paragraph (3) of subdivision (a). Customers that return to the electrical corporation for procurement services shall be subject to the same terms and conditions as are applicable to other returning direct access customers from the same class, as determined by the commission, as authorized by the commission pursuant to this code or any other provision of law, except that those customers shall be subject to no more than a 12-month stay requirement with the electrical corporation. Any reentry fees to be imposed after the opt-out period specified in this paragraph, shall be approved by the commission and shall reflect the cost of reentry. The commission shall exclude any amounts previously determined and paid pursuant to subdivisions (d), (e), and (f) from the cost of reentry. (14) Nothing in this section shall be construed as authorizing any city or any community choice retail load aggregator to restrict the ability of retail electricity customers to obtain or receive service from any authorized electric service provider in a manner consistent with law. (15) (A) The community choice aggregator shall fully inform participating customers at least twice within two calendar months, or 60 days, in advance of the date of commencing automatic enrollment. Notifications may occur concurrently with billing cycles. Following enrollment, the aggregated entity shall fully inform participating customers for not less than two consecutive billing cycles. Notification may include, but is not limited to, direct mailings to customers, or inserts in water, sewer, or other utility bills. Any notification shall inform customers of both of the following: (i) That they are to be automatically enrolled and that the customer has the right to opt out of the community choice aggregator without penalty. (ii) The terms and conditions of the services offered. (B) The community choice aggregator may request the commission to approve and order the electrical corporation to provide the notification required in subparagraph (A). If the 98 -15-AB t9l2 1 commission orders the electrical corporation to send one or more 2 of the notifications required pursuant to subparagraph (A) in the 3 electrical corporation's normally scheduled monthly billing 4 process, the electrical corporation shall be entitled to recover from 5 the community choice aggregator all reasonable incremental costs 6 it incurs related to the notification or notifications. The elechical 7 corporation shall fully cooperate with the community choice 8 aggregator in determining the feasibility and costs associated with 9 using the electrical corporation's normally scheduled monthly 10 billing process to provide one or more of the notiflcations required 11 pursuant to subparagraph (A). 12 (C) Each notification shall also include a mechanism by which 13 a ratepayer may opt out of community choice aggregated service. 14 The opt out may take the form of a self-addressed return postcard 15 indicating the customer's election to remain with, or return to, 16 electrical energy service provided by the electrical corporation, or 17 another straightforward means by which the customer may elect l8 to derive electrical energy servicethrough the electrical corporation 19 providing service in the area. 20 (16) A community choice aggregator shall have an operating 21 service agreement with the electrical corporation prior to furnishing 22 electric service to consumers within its jurisdiction. The service 23 agreement shall include performance standards that govern the 24 business and operational relationship between the community 25 choice aggregator and the electrical corporation. The commission 26 shall ensure that any service agreement between the community 27 choice aggregator and the electrical corporation includes equitable 28 responsibilities and remedies for all parties. The parties may 29 negotiate specific terms of the service agreement, provided that 30 the service agreement is consistent with this chapter. 31 (17) The community choice aggregator shall register with the 32 commission, which may require additional information to ensure 33 compliance with basic consumer protection rules and other 34 procedural matters. 3 5 ( I 8) Once the community choice aggregator's contract is signed, 36 the community choice aggregator shall notiff the applicable 37 electrical corporation that community choice service will 38 commence within 30 days. 39 (19) Once notified of a community choice aggregator program, 40 the electrical corporation shall transfer all applicable accounts to 98 AB 1912 1 2 aJ 4 5 6 7 8 9 l0 l1 T2 13 t4 l5 t6 t7 18 19 20 2t 22 Z) 24 25 26 27 28 29 30 3l ).(. JJ 34 35 36 37 38 39 _16_ the new supplier within a 30-day period from the date of the close of the electrical corporation's normally scheduled monthly metering and billing process. (20) An electrical corporation shall recover from the community choice aggregator any costs reasonably attributable to the community choice aggregator, as determined by the commission, of implementing this section, including, but not limited to, all business and information system changes, except for transaction-based costs as described in this paragraph. Any costs not reasonably attributable to a communify choice aggregator shall be recovered from ratepayers, as determined by the commission. All reasonable transaction-based costs of notices, billing, metering, collections, and customer communications or other services provided to an aggregator or its customers shall be recovered from the aggregator or its customers on terms and at rates to be approved by the commission. (21) At the request and expense of any community choice aggregator, electrical corporations shall install, maintain, and calibrate metering devices at mutually agreeable locations within or adjacent to the community choice aggregator's political boundaries. The electrical corporation shall read the metering devices and provide the data collected to the community choice aggregator at the aggregator's expense. To the extent that the community choice aggregator requests a metering location that would require alteration or modification of a circuit, the electrical corporation shall only be required to alter or modiff a circuit if such alteration or modification does not compromise the safety, reliability, or operational flexibility of the electrical corporation's facilities. All costs incurred to modiff circuits pursuant to this paragraph, shall be borne by the community choice aggregator. (d) (1) It is the intent of the Legislature that each retail end-use customer that has purchased power from an electrical corporation on or after February 1, 2001, should bear a fair share of the Department ofWater Resources'electricity purchase costs, as well as electricity purchase contract obligations incurred as of the effective date ofthe act adding this section, that are recoverable from electrical corporation customers in commission-approved rates. It is further the intent of the Legislature to prevent any shifting of recoverable costs between customers. 98 I 2 J 4 5 6 7 8 9 l0 ll t2 13 t4 15 t6 t7 18 19 20 21 22 24 25 26 28 29 30 31 32 JJ 34 35 36 37 38 39 .LJ 27 -17 -AB 1912 (2) The Legislature finds and declares that this subdivision is consistent with the requirements of Division 27 (commencing with Section 80000) of the Water Code and Section 360.5 of this code, and is therefore declaratory of existing law. (e) A retail end-use customer that purchases electricity from a community choice aggregator pursuant to this section shall pay both of the following: (1) A charge equivalent to the charges that would otherwise be imposed on the customer by the commission to recover bond-related costs pursuant to any agreement between the commission and the Department of Water Resources pursuant to Section 80110 of the Water Code, which charge shall be payable until any obligations of the Department of Water Resources pursuant to Division 27 (commencing with Section 80000) of the Water Code are fully paid or otherwise discharged. (2) Any additional costs of the Department ofWater Resources, equal to the customer's proportionate share of the Department of Water Resources' estimated net unavoidable electricity purchase contract costs as determined by the commission, for the period commencing with the customer's purchases of electricity from the community choice aggregator, through the expiration of all then existing electricity purchase contracts entered into by the Department of Water Resources. (f) A retail end-use customer purchasing electricity from a community choice aggregator pursuant to this section shall reimburse the electrical corporation that previously served the customer for all of the following: (1) The electrical corporation's unrecovered past undercollections for electricity purchases, including any financing costs, attributable to that customer, that the commission lawfully determines may be recovered in rates. (2) Any additional costs of the electrical corporation recoverable in commission-approved rates, equal to the share of the electrical corporation's estimated net unavoidable electricity purchase contract costs attributable to the customer, as determined by the commission, for the period commencing with the customer's purchases of electricity from the community choice aggregator, through the expiration of all then existing electricity purchase contracts entered into by the electrical corporation. 98 AB 1912 -18- 1 (g) Estimated net unavoidable electricity costs paid by the 2 customers of a community choice aggregator shall be reduced by 3 the value of any benefits that remain with bundled service 4 customers, unless the customers of the community choice 5 aggregatorare allocated a fair and equitable share ofthosebenefits. 6 (h) (l) Any charges imposed pursuant to subdivision (e) shall 7 be the property of the Department of Water Resources. Any charges 8 imposed pursuant to subdivision (f) shall be the property of the 9 electrical corporation. The commission shall establish mechanisms, 10 including agreements with, or orders with respect to, electrical 1 1 corporations necessary to ensure that charges payable pursuant to 12 this section shall be promptly remitted to the party entitled to 13 payment. 14 (2) Charges imposed pursuant to subdivisions (d), (e), and (f) l5 shall be nonbypassable. 16 (i) The commission shall authorize community choice 17 aggregation only if the commission imposes a cost-recovery 18 mechanism pursuant to subdivisions (d), (e), (0, and (h). Except 19 as provided by this subdivision, this section shall not alter the 20 suspension by the commission of direct purchases of electricity 2l from alternate providers other than by community choice 22 aggregators, pursuant to Section 365.1. 23 0) (1) The commission shall not authorize community choice 24 aggregation until it implements a cost-recovery mechanism, 25 consistent with subdivisions (d), (e), and (f), that is applicable to 26 customers that elected to purchase electricity from an altemate 27 provider between February 1,2001, and January 1, 2003. 28 (2) The commission shall not authorize community choice 29 aggregation until it has adopted rules for implementing community 30 choice aggregation. 3l (k) (l) Except for nonbypassable charges imposed by the 32 commission pursuant to subdivisions (d), (e), (f), and (h), and 33 programs authorized by the commission to provide broader 34 statewide or regional benefits to all customers, electric service 35 customers of a community choice aggregator shall not be required 36 to pay nonbypassable charges for goods, services, or programs 37 that do not benefit either, or where applicable, both, the customer 38 and the community choice aggregator serving the customer. 39 (2) The commission, Energy Commission, elechical corporation, 40 or third-party administrator shall administer any program funded 98 t9 AB 1912 I through a nonbypassable charge on a nondiscriminatory basis so 2 that the electric service customers of a community choice 3 aggregator may participate in the program on an equal basis with 4 the customers of an electrical corporation. 5 (3) Nothing in this subdivision is intended to modiff, or prohibit 6 the use of, charges funding programs for the benefit of low-income 7 customers. 8 (D (1) An electrical corporation shall not terminate the services 9 of a community choice aggregator unless authorized by a vote of l0 the full commission. The commission shall ensure that prior to I I authorizing a termination of service, that the community choice 12 aggregator has been provided adequate notice and a reasonable 13 opportunity to be heard regarding any electrical corporation 14 contentions in support of termination. If the contentions made by 15 the electrical corporation in favor of termination include factual 16 claims, the community choice aggregator shall be afforded an 17 opportunity to address those claims in an evidentiary hearing. 18 (2) Notwithstanding paragraph (1), if the Independent System 19 Operator has transferred the community choice aggregator's 20 scheduling coordination responsibilities to the incumbent electrical 2l corporation, an administrative law judge or assigned commissioner, 22 after providing the aggregator with notice and an opportunity to 23 respond, may suspend the aggregator's service to customers 24 pending a full vote of the commission. 25 (m) Any meeting of an entity authorized to be a community 26 choice aggregator, as defined in Section 33 1 .1, for the purpose of 27 developing, implementing, or administering a program of 28 community choice aggregation shall be conducted in the manner 29 prescribed by the Ralph M. Brown Act (Chapter 9 (commencing 30 with Section 54950) of Part I of Division 2 of Title 5 of the 31 Government Code). 32 is 33 amerde+to-rea* 34 35 36 37 38 o 98 STAFF REPORT AGENDA NO: 10a MEETING DATE: April 16, 2018 To: Honorable Mayor and City Council Date: April 16,2018 From William Meeker, Community Development Director - (650) 558-7255 Kevin Gardiner, Planning Manager - (650) 558-7253 Subject: Update Regarding Home for All Community Engagement Pilot Program RECOMMENDATION Staff recommends that the City Council receive an update on the City's Home for All Community Engagement Program. The Council may wish to give additional suggestions for engagement of the community in the discussion of the need for a wider range of housing opportunities. BACKGROUND ln September 2015, San Mateo County convened a task force to address the gap between the large number of new jobs being created in the County and the relatively few new housing units being built in the region. The action plan developed by this task force led to the creation of the Home for All lnitiative. The lnitiative is intended is to inspire community support for a variety of housing options so that San Mateo County can continue to be a culturally, generationally, and economically diverse region with housing options available to all who desire them. The City of Burlingame has been supportive of and highly involved in the Home for All lnitiative. On January 17, 2017, the City Council adopted a resolution committing the City to working with other jurisdictions in the County to address the housing crisis through ongoing support of the Home for All lnitiative. Vice Mayor Colson serves on the lnitiative's Steering Council and the Funding Work Group, while Councilmember Keighran serves on the Outreach and Education Committee and the Legislative Work Group. ln September the City of Burlingame was selected to participate in the "Community Engagement Pilot Program" initiated by Home for All. A key focus of Home for All has been to understand how community perspectives about housing affect decisions made by local governments, and the Community Engagement Pilot Program is designed to work with local jurisdictions to jointly develop customized community engagement strategies. Home for All has partnered with Common Knowledge Plus, a community engagement consulting firm, to facilitate the initiative, with the objective of having housing conversations and decision-making be as inclusive and informed as possible. 1 ' Hame For All Community Engagement Pilot Program April 16, 2018 DISCUSSION Home for All and Common Knowledge Plus have been working with City staff, Vice Mayor Colson, and Councilmember Keighran to develop a work plan for Burlingame's Community Engagement Pilot Program. The work plan focuses on the affordable housing proposal at Downtown Parking Lots F and N ("The Village at Burlingame") together with a larger discussion of affordable housing in the community. The hope is to have a constructive and productive dialog with the community to discuss what options are available to address housing needs, how resources should be invested, and how to prioritize objectives. The intent is to engage a broad cross-section of the community, including those who may not be familiar with how to participate in the public process. The endeavor has been named "Burlingame Talks Together About Housing," and has been designed to provide a welcoming and inclusive venue for discussing and considering housing matters. On Saturday, February 10,2018, the City held the first community meeting in the engagement program at the Lions Club Hall. Nearly 100 people attended the meeting. The emphasis of the meeting and the prior outreach activities leading up to the meeting was to provide an opportunity for community members from a range of backgrounds to share their experience and concerns with housing matters in Burlingame, and have a better understanding of the issues that have created challenges for housing. A summary of the meeting was distributed to the Council previously, and is attached for reference. Also attached is a "word cloud" that provides a graphic representation of the input from community members, with the size of each word indicating the frequency with which it was mentioned. The next "Burlingame Talks Together About Housing" meeting will be held on Saturday, April 28th, from 10:00 am lo 12 noon (flyer attached). Whereas the first meeting in February focused on understanding housing issues and sharing experiences, this second meeting will discuss potential responses that could address various housing challenges. Goals of the meeting include: o Broadening the shared understanding of how Burlingame is experiencing the issue of housing; . Reviewing the themes and values that have been raised so far; o Creating awareness and understanding of current city actions and upcoming decisions related to housing; and . Generating additional options to increase housing security, including actions that groups and individual residents can take. On April 16, 2018, City staff and Home for All/Common Knowledge Plus will provide the City Council with an additional overview of the meeting format and content, as well as receive further input on the outreach strategy to the community. FISCAL IMPACT None 2 . Home For All Comr,tunity Engagement Pilot Frogram iL,April '16, 2018 Exhibits: o February 10,2018 Meeting Summary o February 10,2018 Meeting "Word Cloud" . April 28,2018 Meeting Flyer 3 lalks logeiXer BURLINGAME COMMUNITY ENGAGEMENT ABOUT HOUSING The City of Burlingame is partnering with Home for All to: . Broaden the conversation about housing ' Develop shared understanding about what types of housing will help Burlingame thrive in the future Home for Att is a community collaborative addressing the housing challenge in San Mateo County by promoting the preservation and production of all types of housing through sharing information, promoting innovation and convening the community. Vice Mayor Donna Colson and Councilmember Ann Keighran have been active members of the Home for All collaborative, Under their leadership, the City of Burlingame applied for and was awarded a grant to pilot new approaches to community engagement on the topic of housing. The grant provides technical assistance from Home for All and consultant Common Knowledge Plus, as well as funds to help conduct engagement that is more inclusive, informed and sustained than traditional civic participation activities. Pilot Project Activities to date: o ln-Person Outreach: Mid-December through mid-February, pop-up discussions were conducted at multiple locations around town, such as the library, train station, farmer's market, and outside local stores. . Online Survey: With help from local partners, an online survey reached a total of 30L respondents who live and work in Burlingame . Community Conversation: An educational community dialogue brought together close to 100 people on the morning of Saturday, February 10. Highlights of February 10 Community Meeting Participants sat at 11 discussion tables, each with a mix of income levels and mix of impacts from housing challenges. Following a welcome from Vice-Mayor Donna Colson and William Lowell from Home for All, the format was a mix of short presentations by Planning Manager Kevin Gardiner followed by table discussions supported by trained facilitators. Allfive council members attended as listeners. ln his closing remarks, Mayor Michael Brownrigg shared his appreciation of the community participation. An open house followed the main meeting, providing information about proposed housing projects and 1 4 a .:1 Aaa* Winter 2018 UPDATE nonprofit services related to housing. Participant input was captured by discussion notes from each of the 11 tables, 52 feedback forms and 38 participant worksheets. Themes from Table Dialogue: There is a strong connection and loyalty to the community of Burlingame; people want to be able to stay and have their families stay. . Rising housing costs have created insecurity and instability, especially for renters. o This creates stresses on families, communities o When people can't afford to live in Burlingame, everyone is affected - including homeowners, employers and renters . Many jobs in Burlingame do not pay enough for someone to be able to afford housing here. As a result, many workers must commute (adding to the whole region's traffic congestion). o Residents are also paying attention to impacts from growth on schools and parking. They wonder: "Whot is Burlingame's upside copocity?" . There is widespread shared interest in retaining "teachers, cops, hospital workers, retail workers" and other major community contributors as residents. . People want a walkable, well-connected community with socio-economic diversity. These are representative comments of what participants cited as key takeaways from the dialogue: . "Mony citizens share the some concerns obout the offordabitity chollenges of living in this orea." 33 o "Thot this choilenge is not just hoppening in my Thank you for bringing morriage ond famity - every one of my neighbors is us all together to share offected by this, even if they own their home." our concerns and . "Mony residents are thinking obout the topic and hopes for the future realizing we con't keep the stotus quo." o "Burlingome is doing much more thon I reolized obout of Burlingame' housing." - PartictPan' ,,o "Thot the city is listening to people and working on solutions." lndicated Actions: Participants indicated an enhanced awareness that no one solution was sufficient to address the challenges. As one community member shared: "There ore multiple options on the table, no one idea is 2 z ?,# n I -: a '--z = G J , 7. the riqht choice, it will toke time but will get sorted out one step ot o time." There was broad interest in a whole array of responses and solutions, such as: o Multi-family, especially along Caltrain corridor and Rollins Road o Mixed use, especially along El Camino Real and Broadway . Live/work . Employer support to housing o Various kinds of tenant support, such as more predictable rent, and relocation assistance o Easing up ADU regulations o Ways to preserve existing stock o Home sharing o Build smaller units, tiny homes 33 The conversation for solutions needs to continue. There is a decent amount of community consensus on the issue. ,, Some participants also expressed interest in a housing commission andlor advisory group to keep communication with the community flowing. Community feedback about the format of the February L0 meeting was quite positive. Participants asked for more chances to come together and for more information. The discussion between participants was called out as the most valuable element of the meeting. The information shared by the Planning Department was also appreciated as well as how council members attended as listeners. The location, breakfast and activities for children were also cited as positives in making this an accessible way to learn more about Burlingame and housing. About two thirds of attendees indicated that they had limited prior experience with housing conversations in the past. Most said the level of information provided at this introductory meeting was " just obout right." Next Steps . A follow up meeting in late April or May will invite the community to help shape priorities for the City of Burlingame's Housing Program o Ongoing updates to the City's web pages about housing overall and affordable housing based on the information requested by community members J a I ,i t7 t , k*-* t [* Highlights from Online Survey Conducted from January 24 through February 7,20L8, the purpose ofthe online survey was to understand what issues are top of mind and what information about housing people are interested in Among the 301 responses, these were the leading areas of concern: o High cost of purchasing a home o Rising rent . People I care about can no longer afford to live in the community These additional concerns were representative of comments: . Negative impacts of growth, crowded schools, "strain on infrastructure," such as local parking and water supply . Many are stressed or sad about being on the brink of being priced out. . Many calls for housing that support occupations like teachers, safety officers, city employees, and retail clerks as well as adult children. . Several noted traffic congestion. Some asked that planning for housing and tra nsportation happen concu rrently. o lnterest in housing for people with low and middle incomes, as well as housing for seniors on fixed incomes. o There is a strong desire to maintain a diverse community with strong social connections. Comparing lnput from February 10 Meeting and Survey Results The February L0 meeting participants articulated the same concerns raised in the online survey and most also demonstrated three key differences versus the survey respondents: o lncreased understanding of the extent of shared impacts ("1'm not alone") o lncreased understanding about different dimensions of the situation ("it's complicated") and that multiple solutions will be needed o Despite understanding that the problem is bigger and more widespread, most attendees expressed feeling more encouraged than discouraged and some even "inspired." (This compares to more negative comments from survey respondents, including feelings such as "despair"). lt appears that the February 10 community dialogue generated these sources of encouragement: o That many others in the community also care o That there are many solutions underway and under consideration o That the council was listening and attentive to the concerns of all kinds of community members heg HOME FOR ALL Commor ldn awled** 4 - G z : February 10th Burlingame Community Conversation Community Themes Concerns: V h S alues: S I E@ AnY HOM E FOR ALL 1td MiTao coutsrY S A V,,E T.,H E.z,D A T E Saturday, April 28 L L2 PM ::,,a L45 PARK ROAD, BURLINGAME Doorsropen at 9:30 AM,for Eleakfast. {.: G %Z ) @ € Join this community conversation about the future of housing in Burlingame. What mix of housing witt help our community thrive? Ptease RSVP at bu rl i ngamehousi ng.eventbrite.com ," T tolks logether I;oout housins-l 7 or call (650) 558 -72L6 AGENDA ITEM NO: 10b STAFF REPORT MEETING DATE: April 16, 2018 To Honorable Mayor and City Gouncil Date: April 16,2018 From:William Meeker, Community Development Director - (650) 558-7255 Kevin Gardiner, Planning Manager - (650) 558-7253 Subject: Housing Element Annual Progress Report (APR) on the lmplementation of the Housing Element of the General Plan RECOMMENDATION Staff recommends that the City Council accept the 2017 Housing Element Annual Progress Report and authorize its transmittal to the California Governor's Office of Planning and Research (OPR) and the California Department of Housing and Community Development (HCD). BACKGROUND The State of California requires each local government jurisdiction to prepare a Housing Element as part of its General Plan in order to ensure that all communities plan for the projected housing demand throughout the state. Unlike other elements of a General Plan, the Housing Element must be updated according to deadlines set by the State. The process begins with the State advising a region of its Regional Housing Needs Allocation (RHNA), which is the estimated number of housing units that will be needed over the planning period (usually eight years). This allocation is further subdivided among four household income categories: very-low, low, moderate, and above moderate. Affordable housing income limits are determined by the U.S. Housing and Urban Development (HUD) and are adjusted for family size, as detailed in the table below. County lncome Category Number of Persons in Household 1 2 3 4 5 6 7 I The Association of Bay Area Governments (ABAG) is responsible for the public process by which this regional allocation is apportioned to each jurisdiction within its boundaries. ln addition to demonstrating how the allocated number of units can be produced, policies in a Housing Element must also: 1 San Mateo County 4-Person Area Median lncome (AMr): $1 1 s,300 Extremely Low (30% AMI)27650 31 600 35550 39500 42700 45850 49000 52150 Very Low (50% AMI)461 00 52650 59520 6s800 71100 76350 81 600 86900 Low (80% AMI)73750 84300 94850 105350 I 1 3800 122250 1 30650 1 391 00 Median (100% AMI)80700 92250 1 30750 1 1 5300 124500 '133750 142950 152200 Moderate (120% AMI)96850 1 1 0700 124500 1 38350 149400 1 60500 1 71 550 1 82600 Housing Element Annual Progress Report (2017) DISCUSSION o Address the removal of governmental barriers to housing production; . Ensure the jurisdiction's housing stock is maintained, and . Ensure that housing is available to all types of persons on an equitable basis The City of Burlingame's last Housing Element update was adopted in January 2015. The City is currently starting the third year of the 2015-2023 planning period. Burlingame's RHNA allocation for this cycle is 863 units. Housing Element Annual Report: California Government Code Section 65400 requires that an Annual Report ("Report") be prepared to document the status of implementation of the Housing Element. The Report must first be submitted to the City Council for review, which then authorizes submission of the Report to the State Office of Planning and Research (OPR), and the California Department of Housing and Community Development (HCD). Additionally, the Report has to be prepared in accordance with the provisions set forth by HCD and on the forms provided by HCD (attached). The Housing Element Annual Report includes the following information about housing production since the start of the planning period in 2015: . lnformation on the types of housing units that were issued building permits (Table A & A3); . lnformation on the City's progress in meeting its regional housing needs allocation(RHNA) (Table B); and . Progress report on implementation of Housing Element programs (Table C). The Report includes a tabulation of the number of building permits issued for construction of new dwelling units. The count only includes nef new units, not permits issued for replacement units (demolition of a unit and reconstruction of a new unit). ln summary, permits were issued for a total of 13 net new units in (calendaryear) 2017. Eight of these units resulted from a 10-unit condominium project at 1491-1493 Oak Grove Avenue that included the demolition of two single family dwellings, the merging of the two lots, and construction of a new 10-unit condominium building. The remaining five units were the result of permits issued for new accessory dwelling units. While 13 net new units is relatively modest in terms of the RHNA allocation, this required reporting is specifically for net new units for which building permits were issued during calendar year 2017. Staff notes that the Planning Commission and City Council have approved a number of projects that will result in 344 net new units in the coming years, but they cannot yet be reflected in the annual report until building permits have been issued (Residential Applications Overview - April 2018 attached). These units will be added to the RHNA progress report once the building permits are issued, several for which have been submitted to the Building Division and are currently under review, including the SummerHitl project on Carolan Avenue, which alone would include 290 net new units. ln addition, there are multiple projects that are proposed and have been submitted for entitlements and are currently under review, but have not yet been acted on by the Planning Commission. These "in progress" applications would result in 328 net new units if they were each approved as currently submitted. Therefore Burlingame has the potentialfor 618 net new units during this housing cycle, but these cannot be counted towards the RHNA target until after the building permits are issued. 2 April 16, 2018 Housing Element Annual Progress Report (2017)Apil 16, 2018 Burlingame's progress in meeting its RHNA targets for this housing cycle (2015-2023) is summarized as follows: lncome Level RHNA Units Constructed % of RHNA Goal Extremely Low 138 0 0 Very Low 138 0 0 Low 144 10*6.9% Moderate 155 0 0 Above Moderate 288 141 48.90/o Total:863 151 17.4o/o *10 below market rale units that are part senior was not by the zoning code and the units are not deed restricted This report is informational only, and does not change adopted policies or authorize any action or expenditure of funds. The report is prepared in compliance with California Government Code Section 65400, and once the Council has acknowledged that the Annual Report has been completed and reviewed, staff will fonruard it to HCD and OPR. None. Exhibits: . 2017 Housing Element Annual Progress Report - TABLES A and B . 2017 Housing Element Annual Progress Report - TABLE C Program lmplementation Status . Residential Applications Overview - April 2018 3 F!SCAL IMPAGT Attachment 1 page 1 of 8 Jurisdiction Reporting Period Burlingame ANNUAL ELEMENT PROGRESS REPORT Housing Element lmPlementation (CCR Title 25 56202 ) 11112017 - 1213112017 Table A Annual Building Activity Report Summary - New Construction Very Low-, Low-, and Mixed'lncome Multifamily Proiects Housing without Financial Assistance or Deed Restrictions Housing with Financial Assistance and/or Deed Restrictions Housing Development lnformation 6 7 855a3421 None 0 00(9) Total of Moderate and Above Moderate from Table A3 0 00 (1'l ) Total Extremely Low-lncome Units* * Note: These fields are voluntary i' 'project name or ' . ,, address), Unit Category Tenure Affordability by Household lncomes r.,, Tntal I lnitq Assistance' '" Piograiils 'ii Note below the number of units ;;;r;ir; to be affordable without financial or deed reslrlctions and attach an explanation hoyr the..Development UNIIS lncome ..lncome MOOerare- ". lncome rrsjeur 'See lristructions See lnstruciiois lunsdrctton determlneo me unlls wer€ affordable,. Refer to instructions, Attachment 1 page 2 of 8 Jurisdiction Reporting Period ANNUAL ELEMENT PROGRESS REPORT H o u s i n' [';m i',' {ur:,?f e n tati o n Burlingame 11112017 - 1213112017 Table A2 Annual Building Activity Report Summary - Units Rehabilitated, Preserved and Acquired pursuant to GC Section 65583.1(cX1) please note: Units may only be credited to the table below when a jurisdiction has included a program it its housing element to rehabilitate, preserve or acquire units to accommodate a portion of its RHNA whichmeet the specific criteria as outlined in GC Section 65583'1(c)(1) Activity Type Affordability by Household lncomes (4) The Description should adequately document how each unit complies with subsection (c )(7) of Government Code Section 65583'1 (1 ) Rehabilitation Activity (2) Preservation of Units At-Risk 0 (3) Acquisition of Units 0 (5) Total Units by lncome 0 0 0 0 V"ry Lo*-Low-TOTAL tncome ITICOIIIg 0 Attachment 1 page 3 of 8 ANNUAL ELEMENT PROGRESS REPORT Housing Element lm Plementation (CCR Title 25 56202 ) Jurisdiction Reporting Period Burlingame 1t112017 - 1213112017 " Note: This field is voluntary Table A3 Annual building Activity Report Summary for Above Moderate-lncome Units (not including those units reported on Table A) * Note: This field is voluntary '1. Single Family 2. 2 - 4 Units 3. 5+ Units 4. Second Unit 5. Mobile Homes 6. Total No. of Units Permitted for Moderate 0 No. of Units Permitted for Above Moderate 8 5 13 7. Number of infill units* Attachment 1 page 4 of 8 Jurisdiction Reporting Period Burlingame ANNUAL ELEMENT PROGRESS REPORT H o u s i n' [';*ru',' {ur::f e n tati o n 11112017 - 1213112017 Table B Regional Housing Needs Allocation Progress biUnits lssued Enter Calendar Year starting with the first year of the RHNA allocation period. See Example. by lncome Level Total Remaining 2021 2022 2023 Total Units to Date (all years)2018 201920162017Allocation bylncome Level 138138Extremely Low 138138Very Low Restricted 144144Low 155155liloderate 151 137'133 132885 863Total RHNA by COG. Enter allocation number:138513313 Note: units serving extremly low-income households are included in the very low-income permitted units totals. 20202015 lnanma I arrol RI-INA ueeo Restricted Non-deed restricted ueeo Restricted Non-deed restricted ueeo Non-deecl restricted lJeed Restricted Non-deed restricted Above Moderate Attachment 1 page 5 of 8 Attachment 1 page 6 of 8 Attachment 1 page 7 of 8 Attachment 1 page I of 8 City of Burlingame- Goals, Polices and Action Programs uu20t7 - 1213U2017 Housing Programs Progress Report - Government Section Describe progress of all element.development of housing as Prograrn Description (By Housing Element Program Names) Timeframe in H.E.of Program ImplementationObjectives Name of Program Maintenance of public facilities projects include the following: Sidewalk improvement in Easton Addition / Sewer rehabilitation in Easton Addition / Water infi?structure improvemenls on Rollins Road / Storm drain improvements - citywide priorities based on need / Street resurfacing - citywide priorities based on need / Facilities improvernents include Police HVAC upgrade / Street projects include Carolan Cornplete streets project.OngoingContinue maintenance programs for public facilities. Program H(A-l) - Maintenance of Public Facilities. ln rcsidential neighborhoods continue the maintenancc and enhancement of public facilities such as streets, water supply and drainage by allocations from the general fund, gas tax revenue and, where appropriate, conditions of development. Code enforcement staff is aware ofthis program and refers property owners as needed. To date we have not have any cases/propefties that would require such a refenal.OngoingRehabilitate 20 housing units. Program H(A-2) - Housing Rehabilitation. Through the City's Code Enforcement Program, continue tlre program of contacting orvners of structures that appear to be overcrowded, declining or in need of repair. Refer property owncrs to the Rehabilitation Loan Program administered by San Mateo County to assist qualified homeolners in making necessary repairs to structures in need of rehabilitation. The City is still working on irnplernenting this program, however, building permit fees are significantly reduced for non-profit rehabilitation programs such Christmas in April and Rebuilding Together. Within I year of adoption of Housing Element Rehabilitate 75 affordable units. Program H(A-3) - Allow fee waivers for affordable rehabilitation. Consider amendment to the Master Fee Schedule to allow for waivcr of permit fees for rehabilitation of affordable housing achieved through San Mateo County programs, through non-profit agencies or through other means, including Federal Programs and to provide incentives for propcrty owners to maintain their properties. Goal A: PRESERVE RESIDENTIAL CHARACTER BY ENCOURAGING MAINTENANC IMPROVEMENT AND REHABI LITATION OF THE CITY'S NEIGHBORHOODS AND HOUSING STOCK constraints to the maintenance, improvement, and identified Program Description (By Housing Element Program Names - Government 65583.sing Programs progress of all including local efforts to remove governmental constraints to the maintenance, improvement, and development of housing as identified in the housing element. Objectives Timeframe in H.E.Status of Program Implementation Name of Program H(A-4) - Discourage condominium conversions. Maintain the existing zoning controls which prohibit conversiort of residcntial rental projects with fewer than 2l units to condominiums, and which contain strict regulations prohibiting conversion ofless than 2l units to condominiums. No conversion of existing rental stock to condominiums. Ongoing City continues to preserve rental housing stock with the irnplernentation of Chapter 26.32 the subdivision ordinance. Program H(A-s) - Prevent conversion of residential units to non-residential use. Amend zoning code to require a conditional use permit for any project whcre residential units are proposed to be replaced by non-residential use. Retain existing housing stock. Within I year of adoption of Housing Element The City is cunently working on a General Plan and zoning code update which is anticipated for adoption in 2018. The zoning code update will include a Conditional Use Pennit for the conversion ofresidential units to non-residential units to help preserve housing stock. Program H(A-6) - Ensure affordability of existing units. Continue the relationship with the County of San Mateo Department of Housing for administration of Block Grant funds for housing programs; encourage use of available programs (such as HOME) to assist non-profit housing corporations in acquiring, rehabilitating and managing apartment units for long-term affordability. Utilize funds to assist 20 units to achieve long tenn affordability. Ongoing Tlre City will encourage use of available prograrns adrninistered by San Mateo County to ensure affordability of existing units. Program H(A-7) - Determinc code compliance, structural deficiencies of existing residences upon sale. Continue program that assists in rcsearch of residcntial recortts upon the request of realtors or potcntial home buyers Continue assistance to potential hotne buyers.Ongoing Planning and Building Division staffregularly assists potential buyers and realtors inlocating records to detennine the perrnit history of a property prior to purchase. of Objectives Timeframe in H.E.Status of Program ImPlementation Program H(A-8) - Residential dcsign revicw. Continue implementation of residential design rcview and zoning regulations including setbacks, floor area ratio, declining height; continue implcmentation of single family design rcview grridelines adopted in 1998. Process 250 applications for residential design review. Ongoing Proposals for new single family dwellings, duplexes and rnultifarnily dwellings are subject to the Design Review process before Planning Commission approval. Description efforts to remove governmental constraints to the maintenance, improvement, and identified Ilousing of local effortsDescribe progress maintenance, improvement, and development of Description Element Program Names) Timeframe in H.E.Status of Program ImplementationObjectives Name of Program Ongoing Information is provided and referrals are made to assist the public with issues tegarding lair housing laws. ln addition the City in conjunction with the County of San Mateo Home lbr All initiative, has held community engagement activities to publicize housing resoutccs antl get public input on housing needs in Burlingame. Significant outreach efforts have becn made for this workshop to include all sectors of the Burlingarne community. Continue rel'enal activities through Code Enlbrcernent Progmtn. Program H(B-t) - Public awarcness ofanti- discrimination laws and policies. Continue to fund the Code Enforcement Officer position and coordination with Community Development Department code cnforccment activities; provide information handouts; inform the public and local realtors about cqual housing laws and recourse availatrle in case of violations; refer complaints to California Department of Fair Employmcnt and Housingl refer complaints regarding discrimination to La Raza Central Legal, a nonprofit community law center which works with local tenants to resolve landlord/tenant issues. Information rvill be posted and available at public locations, such as City Hall, the library and the recreation center. Develop outreach rnaterial within 2 years of HE adoptions Inionnation regarding housing sewices available for pemon with disabilities is provided by the City during Building workshops and by staffon specific proiects where this situation appl:es. The City in conjunction with the County of San Mateo Home for All initiative, has held community engagement activities to publicize housing resources and get public input on housing needs in Burlingame. There has been significant outreach to multiple organizations, including organizations representing persons with disabilities. Provide infonnation regarding housing to families of persons with developrnental disabilities. Program H(B-2) - Implement an outreach program for pcrsons with disabilities. Work with agencies such as the Golden Gate Regional Center, a statc-fundcd nonprofit organization serving individuals with developmental disabilities in Marin, San Francisco and San Mateo counties, InnVision Shelter Network CALL Primrose, and Center for lndependencc of Individuals with Disabilities to implement an outreach program that informs lamilies in Burlingame about housing and scrviccs available for pcrsons with disabilities. The program could include the development of an informational brochure, providing information on serviccs on the City's website, and providing housing- related training for individuals/families through workshops. GoAL E: pRovIDE vARrETy ANL cHoIcE or HousrNG By pRoMorINc HousING opproRTUNITIf-s FoR ALL PERsoNs REcARITLEss oF AcE, sErq RAcE, cot o& MARITA{SIFI!I.- .] DISABILITY, NATIONAL ORIGIN OR OTHER BARRIERS. f element. Describe progress of all programs including local efforts to remove governmental constraints to the maintenance, improvement, and 6s583. element.housing as identified in Description Element Program Names' Timeframe in H.E.Status of Program ImplementationObjectives Name of Program When reviewing rnultifarnily projects staff and the Planning Cotnmission request that the developer provide additional amenities for the residents; this is an ongoing request frorn both the Planning Commission and City Council. For example, a 290-unit multilarnily development approved in 2015 includes a range of communal amenities including a community room that will also be available for use by the general public. When there are phone or counter inquiries regarding housing assistance Planning Division Staff provides referrals to San Mateo Office of Housing and also prints and provides the list of eligible affordable housing oppotunities prepared by the County Housing Office. In addition, the City hosted a first time home buyer workshop presented by HEART of San Mateo County invited all City ernployees. Ongoing tn*tt; l--'"-.. Plornote attmctive rental opporlunities. Continue staff training and to refer eligible residents to programs. Program H(B-3) - Community amenities for rentals. Encourage the inclusion of communal amenities in new rental developments (i.e' community rooms, play structures, laundry facilities) where feasible and provision ofwhich does not impair achievement of maximum densities or the financial feasibility of developing housing affordable to lower-income households. Program H(C-l) - Refer eligible employecs to housing assistance programs. Train staff about current opportunities; make available brochures and contact information to eligible residents who inquire about availability of programs. Refer eligible residents to CDBG programs administered by the County Office of Housing and Community Development. Within l year of HE adoption -! ;l' The Density Bonus Ordinance was amended and adopted in January 2015 and includes itdts #l-4 . Action #5 will be addressed as part ofour zoning code update following the Geneml Plan update which is cun'ently undetway. A new apaftment development proposed at 920 Bayswater Avenue is currently going through the entitlement process and is exercising the density bonus to include l0% ofthe units as affordable (rnedian incorne). Provide 75 new affordable units Provide 50 percent ofaffordable units at [,ow- income levels. Program H(C-2) - Provide incentives for developers to include affordable rrnits in new residential projects. l. Amend the Inclusionary Housing Ordinance to comply rvittr local and state legislative requirements. 2. Amcnd the-lnclusionary Housing Ordinance or adopt a Density Bonus Ordinance to accommodate a Low- Income comporrent of required affordable housing. 3. Amcnd the Inclusionary Housing Ordinance or adopt a Density Bonus Ordinance to encourage smaller unit sizes (i.e. studio, SROs, one- and two-bedroom units). 4. Amcnd the Inclusionary Housing Ordinance or adopt a Density Bonus Ordinance to extend the affordability time restrictions on subsidized housing. 5. Amcnd the zoning code to providc inccntives to developers who provide additional affordable units and/or servc a broader range of income levels than that required by the Inclusionary Housing Ordinance or state density bonus requirements, such as reduced parking requirements, increascd hcight limits' reduced landscaping requircments' flexible setback requiremcnts arrd rcduccd fees. Program Description (By Housing Element Program Names) Housing Describe the maintenance, improvement, and development of housing as identified in the housing element. Name of Program Timeframe in H.E.Status of Program Implementation Program H(C-3) - Consider adoption of a commercial impact in-lieu fee. Consider adopting a commercial in-lieu fee that would require developers of employment-generating commercial and industrial developments to contribute to the supply oflow- and moderate-income housing through the provision ofcommercial in-lieu fees as prescribed in a nexus impact fee study. Cenerate in-lieu fees to contribute toward the creation of low and moderate income housing. Within I year of HE adoption Commercial (linkage) impact fees were adopted by the City Council on July 3,2017 as follows: - $7 SF retail - S12 SF hotel - $18 SF - office < 50,000 SF - $25 SF - office > 50,000 SF - Discounts apply for projects utilizing prevailing wages. Program H(C4) - Consider adoption of a residential in- lieu fee option. Consider adopting a rcsidential inJieu fee as an alternative to providing affordable units on-site' Cenerate inlieu fees to contribute toward the creation of low and modemte income housing. Wilhin I year of HE adoption Residential impact fees have been under consideration within the past year, and staff is researching information requested by the City Council. The rnatter will retum for consideration in 201 8. Program H(C-5) - Encourage public agency partnerships to provide housing, reduce commutc time, and facilitate retention ofgroups like tcachers, prrblic employees, hospital and service sector workers. Contact public agencies to encourage them to include a provision for housing in any facility expansion plans; disseminate information about available CDBG funded programs. Provide 50 new housing units in the vicinity of public agency workplaces and comtnercial centers. Ongoing The City is cunently processing an application for an affordable housing developrnent for I 32 workforce housing units on two existing parking lots located downtown. loui..ttn", Program Description (By Housing Element Program Names) Government constraints to the maintenance, improvement, and Housing Programs Progress Report -L()(Ie Dec IIOII OJJOJ. Describe progress of all programs including local efforts to remove govemmental development of housing as identified in the h^r'oi-o elpm of Objectives Timeframe in H.E.Status of Program Implementation Program H(D-l) - Increase affordability for elderly households. a. Continue to implement the second unit amnesty program to allow creation ofaccessible secondary units for the elderly; b. Continue to allow upon rcqucst curbside disabled accessiblc parking spaces in single family neighborhoods. c. Coordinate with San Mateo County Housing Authority to increase the number of Section 8 units for Burlingame's elderly population. d. Continue updating and distributing widely to local residents the Senior Resources Handbook: An Informational Guide for Burlingamc Senior Citizens, Their Families and Caregivers. e. Continue to provide incentives for new senior housing by maintaining thc code provision that allows reduced parking requirements for assisted living projects and otlrer group residential facilities for the elderly. f, Continue City financial support to non-profit agencies which administer housing programs for seniors (home sharing, reverse mortgage). Planning staff to work with these agencies to facilitate implementation of their programs in Burlingame. g. Encouragc non-profit housing groups to develop housing by lraving adequate Planning staff to facilitate projcct processing and environmental rcview, and by maintaining the existing incentives in the zoning regulations for residential facilities for the elderly. h. Refer seniors who are homeowners to the Human Invcstment Project (HIP) for Housing Home Sharing Program, to find eligiblc tenants to share their housing. Provide 30 affordable units for the elderly. lncrease number of Section 8 units for elderly by 5 units. Continue public education efforts. Ongoing The City is cumently coordinating with the Peninsula Health Care District on preliminary stage{ of planning for the Peninsula Wellness Community Master Plan which will include a variety ofsenior housing options, including hospice care, assisted and independent living facilities. The City revised the accessory dwelling unit (secondary dwelling unit) regulations in 20 I 7 to comply with State requirements which are intended to facilitate the construction ofaffordable accessory dwelling units including units suitable for the elderly. City staff is curently in the process of reviewing the accessory dwelling unit regulations to further strearnline the accessory dwelling unit standards, in compliance with newly updated State requirements. The City contributes funding to HIP Housing to supporl homesharing for seniors. Code Section 25.63.020(cX3) ofthe zoning code provides a twenty (20) percent density bonus for a development of five (5) or more dwelling units for senior housing developments. SPECIAL Program Description (By Housing Element Program Names) Housing Programs Report . Code Section 65583. Describe progress of all programs including local efforts to remove governmental constraints to the maintenance, improvement, and development of housing as identi{ied in the housing Name of Program Objectives Timeframe in H.E.of Program Implementation Program H(D-2) - lmprove livability of housing rrnits for disabled population. a. lmplement the adopted Reasonable Accommodations Ordinance, which provides individuals with disabilitics reasonable accommodation in rules, policies, practices and procedures that may be necessary to ensure equal access to housitrg by providing a process for individuals with disabilities to make requests for reasonable accommodatiolr in regard to relief from the various land use, zoning or building laws, rules, policies, practices and/or procedures of the City. This policy offers a process to modify certain development standards' such as lot coverage and setback requirements for ramps and landings added to residences and group homes in order to provide access for the disabled. b. Continue to allow supportive and transitional housing in residential districts subject to the same restrictions that apply to other residential districts in the same zone. c. Help facilitate the acquisition of single-family homes to be converted into assisted living facilities for the developmentally disabled. d. Continue to allow persons with disabilities to request disabled parking curb markings in the single family residential areas. Facilitate use of County assistance and staff work with residents to modifu l0 existing housing units to accommodate disabled. Ongoing Planning and Building Division staff is versed in the reasonable accommodations ordinance (Code Section 25.66) and works with applicants to utilize this section of the code. In addition, when needed Public Works staffassists residents requesting disabled curb parking in residential areas. Program H(D-3) - Add affordable housing units for single-parent households. Continue to assign staff to carry out the following actions: a. Work with the County Horrsing Authority to increase the number of Section 8 certificates for single-parent families. b. Work with the Human lnvestment Pro.iect for Housing (HtP), a non-profit horrsing corporation which administers a homc-sharing program rvhich is available for Burlingame residents. Develop literature regarding availability of housing programs; distribute to Burlingame residents, Continue City funding assistance. Increase by 5 the nutnber ofSection 8 units for single parent households. Train staff and refer single parent households to shared housing prograln, IHN or other local providers Ongoing Staff is aware of HIP Housing prlrglams and refes interestd pafties to HlP. In addition, the City's newsletter also provides infonnation on HIP's home share program, and infonnation is listed on a web page dedicated to housing resources on the City's website. Describe progress of all development ofhousing Code Section 65583.llousing Programs Report - Program Description (By Housing Element Program Names) of Program ImplementationTimeframe in H.E.Objectives Name of Program The City revised the accessory dwelling unit (secondary dwelling unit) regulations in 20 I 7 to comply with State requirements which are intended to facilitate the construction of affodable accessory dwelling units including units suitable for the elderly. City staffis currently in the process ofreviewing the accessory dwelling unit regulations to futlher streatnline the accessory dwelling unit standards, in compliance with newly updated State requirements. Within I year of HE adoption Provide affordable efficiency housing units on appropriate opportunity sites. Rezone properties with residential overlay Amend code to provide incentives for smaller units. Pr"S*- H(D-4) - Provide affordablc studio or one- I bedroom units for single occupants. a. Amcnd the zoning code to create zoning incentives thflt encourage the development ofsmaller, more affordable housing units for seniors and othcr single occupants, such as reduced parking requirements for units tess than 900 square feet and other flexible development standards. b. Continue to allow secondary units per the Government Code. Contiuue to implement the Secondary Dwelling Unit Ordinance (adopted in 2011)' which allows new secondary dwelling units subject to certain standards, including minimum lot size, maximum unit size and one ofthe units to be owner occupied. Continue to allow waiver of on-site parking for acccssory dwelling units that are rented out to those with moderate incomes or below. Program H(D-5) - Providc local share of support for county-rvide homeless programs a. Continue financial contributions to agencies which provide service to the ltomeless population in San Mateo County; continue to allow group facilities for the homeless in conjunction with church facilities as a conditional use; continue to support financially and workrvith local and non-profit providers in San Mateo b. Maintain the zoning code provisions that allow emergency shelters by right in the northern part of the RR (Rollins Road) zoning district. c. Implement tlre zoning code provisions that allow transitional and supportive horrsing by right in all zone districts rvhich allow rcsidential uses only srrbject to those restrictions that apply to other residential uses of thc same type in the same zone. Program H(D-5) - Provide local share of support for county-wide homeless programs a. Continue financial contributions to agencies which provi<le service to the homeless population in San Mateo County; continue to allorv group facilities for the homeless in conjunction with church facilities as a year the City Council does Comrnunity Group Funding at the first Council rneeting in The list of recipients includes HIP Housing, Inn Vision Shelter Network and Samaritan ln20l6-17, the Council incleased up the funding levels, so that it could contribute funds to assist those that were not benefitting frorn the healthy and growing Council allocated CALL Prirnrose Center and HIP Housing an additional $20,000 and respectively addition, the Council budget includes funding sufticient for membership in HEART and a Homeless Outreach Tearn contribution ($9,476 and $10,666, respectively, lbr both 20 I 6- l7 and 2017-18). Continue financial suppoI1 of County-wide StalT to continue to facilitate process necessary to provide such ser"vices in the city. Ongoing governmental andto removeefforts improvement, Prograrn Description (By Housing Element Program Names) Housing Describe Programs Progress Report -Government Code Section 65583. to theall Name of Proqram Otrjectives Timeframe in II.E.Status of Program Implementation conditional usel continue to support financially and work rvith local and non-profit providers in San Mateo b. Maintain the zoning code provisions that allow cmergency shclters by right in the northern part of the RR (Rollins Road) zoning district. c. lmplement the zoning code provisions that allow transitional and supportive housing by right in all zone districts which allow residential uscs only subject to those restrictions that apply to other residential uses of the same type in thc same zone. Program H(E-l) - Energy conservation for major residential construction In all plan clrecking for new residential construction and major additions, apply Title 24 energy conservation requirements; rvhere possible in planning developments, require structural and landscaping dcsign to make use of natural heating and cooling. Add energy conselation features to 250 residences. ffi Ongoing Title 24 energy conservation requirements are applied to all plan checks for new residential construction. Program H(E-2) - Community awarcness of conscrvation bencfits Distribute brochure on available energy conservation programs and measures at the Planning counter to all residents planning to expand or build new residences. Provide energy conservation infonnation to public.Ongoing There are brochures available at City Hall and onJine infonnation pncvided regarding energy conservation for both residents and businesses. Program H(E-3) - Sustainable Development Stringent California Green Building Standards (Calcreen) have been adopted. At the minimum, new construction rvill follow the requirements set by the mandatory portion of the Calcrecn Code. Utilize Calcreen standards.Continuous The City currently cornplies with the Calcreen standards \.ISERVE ENERGY AND HELP REDUCE HO Program Description (By Housing Element Program Names) Name of Program Objectives Timeframe in H.E.Status of Program Implementation Program H(F-l) - Encourage development of housing on sclccted sites to scrve all income levels Amend the zoning code to create zoning incentives that encourage thc consolidation of smaller lots identified as Housing Inventory Sites, such as development review streamlining, reduction in required parking for smaller units, setback modifications, or increases in building height. Promote development on smaller oppoftunity sites by promoting lot consolidation for creation of aflbrdable housing Within I year of HE adoption City staff supporls applications involving of parcels for development project, to resolve technical matters such as rnultiple zoning designations, and generally identifying opportunities to simplify and strearnline the application process. The Zoning Code currently provides lower parking requirements for smaller units, and allows lurther reductions within the Downtown Specific Plan area. Further zoning incentives will be considered as part ofa comprehensive zoning ordinance update over the next year. Program H(F-2) - Promote development of potential housing sites Maintain and update the arca-by-area land use surveys, note changes in vacant and utrderutilizcd sites; share information rvith potential residential developers. Provide assistance and incentives to encourage development ofthe opportunity sites identified in the Housing Element Ongoing The City's opportunity sites as designated in the Housing Elernent are provided to developers that express interest in developing in Burlingame. This list ofopportunity sites is provided on the developrnent opportunity website Oppsites, and in the Housing Elernent. Program H(F-3) - Create Priority Developmcnt Area (PDA) Housing Overlay Zone. Amend the zoning codc to create a "Priority Development Area Housing Overlay Znne" to establish standards and incentives for housing in the portions of the community zoned for high density residential and/or mixed usc development that are adjacent to transit corridors and transit centers. Specific standards to bc considered are densities, developmcnt standard incentives, reduced parking rcquirements, building hcights and compatibility with adjacent lower-scale ncighborhoods. The Priority Developmcnt Area covers the North Burlingame area, the El Camino Real and Cnlifornia Drive corridors and the Downtown Specific Plan arca. Provide flexibility and incentives in the application of developrnent standards within the Priority Development Area. Provide flexibility and incentives in the application of development standards within the Priority Development Area. Within I year of HE adoption The Downtown Specific Plan, which is within tlre boundaries of the PDA, provides incentives such as higher residential densities, development standard inccntives, reduced parking requirements, i nc reased building heights, and provisions to provide cornpatibility with adjacent lower-scale neighborhoods. The General Plan Update has identified additional areas tha could be suitable for high density residential and/or mixed use development that are adjacent to transit corridors and transit centers. This prograrn will be exarnined for inclusion in the zoning code update that will follow the General Plan adoption, which is cunently underway. Housing Programs Progress Report - Government Code Section 65583. Describe progress of all programs including local efforts to remove governmental constraints to the maintenance, improvement, and development of housing as identified in the housing element. GOAL F: ACHIEVE INCREASED AFFORDABILITY OF HOUSING. Program Description (By Housing Element ProgramNames) 65583. improvement, andall identified in the housingdevelopment of housing as element. Name of Program Objectives Timeframe in H.E.Status of Program Implementation Program H(F-4) - Identify sites for affordablc, mixed use residential, live-rvork and small one-bedroom or studio apartments. n. Encouragc dcvelopment of sites in C-R zone and where therc is commercial zoning with a residential overlay or residential mixed use zoning; b. Promote dcvclopment rvithin thc new mixed use zoning districts within the Downtown Specific Plan arca, which allow for mixed uses and high density residential uses, and includes incentives to keep units affordable such as reduced parking requirements, increased heights and modified setbacks. Encoumge development of 150 units on selected Housing Opportunity Sites within the Downtown Specific Plan area. Ongoing Within the Downtown Sperific Plan area tlrere are currently applications under review for a total of328 units in either residential, rnixed use, or liveiwork projects. In addition,4T units have been approved within the Downtown Specific Plan area, and an additional 307 units have been approved outside ofthe Downtown Specific Plan area. Many ofthe projects have utilized reduced parking requirernents a v a i labl e to proj ects with i n the Downtown Specific PIan area, and/or the use ofrnechanical parking lifts. The City is currently working on an affordable housing development to build 1 32 worktbrce and senior housing units on City Par*ing Lots F & N within the Downtown Specific Plan area, which is within walking distance to the Burlingarne Train Station. Program H(F-s) - Second-unit Amnesty Continue the second unit amnesty program and provide second unit applicants with information on participation in the San Mateo County Rental Rehabilitation program which provides rehabilitation loans for units which are available to tenants with low or very low incomes; consider expansion ofthe program by changing the eligibility date to qualify for second-unit amnesty. There have been l0 units approved through the second unit amnesty program since its adoption in 2001. In addition, there have been 3 new units approved under the ordinance allowing new second units which was adopted in 20I l. Process 125 applications for second unit amnesty; Provide opportunities for rehabilitation of these units Ongoing The City revised the accessory dwelling unit (secondary dwelling unit) regulations in 20 I 7 to cornply with State requirements which are intended to facilitate the construction of al-lordable accessory dwelling units including units suitable for the elderly. City staffis currently in the process ofreviewing the accessory dwelling unit regulations to fuflher strearnline the accessoly dwelling unit standards, in cornpliance with newly updated State requirements. Program Description (By Housing Element Program Names) constraints to the rnaintenance, improvement, and Name of Program Objectives Timeframe in H.E.Status of Program Implementation Progrnm H(F-6) - To expand the stock of affordable housing Contact known non-profit housing corporations and religious institutions to make them aware of City intercst, familiarize them rvith the opportunities available in Burlingame, and assist in processing whcre applications are required; encourage use of private foundation grants to fund affordable units. The City will issue an RFP for redevelopment ofCity-owned parking lots with affordable housing within one year of Housing Element adoption. Encourage development of affordable units on opportunity sites. Issue RFP for redeveloprnent of parking lots. Ongoing The City issued the RFP for redevelopment ofCity-owned parking lots in and selected a developer in 20 I 5, and is currently working on an alfordable housing development to build I 32 workforce and senior housing units on City Parking Lots F & N in Downtown Burlingarne's downtown, which is within walking distance to the Burlingarne Train Station. Program H(F-7) - Section 8 Program Work witlr San Mateo County Community Services and Housing Authority to provide Burlingame a proportionate share of Section 8 funds; distribute information about program to potential property owner and rentcr participants. Current number of Section 8 units is 100. Attempt to increase by additional 20 units (total of 120 units). Ongoing The City will work with San Mateo County Community Services and Housing Authority to provide a proportionate number ofSection 8 units located Burlingarne. Program H(F-8) - First-time Homebuyer Program Continue to participate in cooperative CDBG agreement with San Mateo County to provide Burlingame residents with the opportunity to participate in the first-time homebuyer program (Mortgage Credit Certificate) funded by CDBG. Make first time home buyer information available on City's website and hold public workshops to identify opportunities for those in need. Obtain assistance for 15 Burlingarne residents.Ongoing The City sponsored a lirst-tirne homebuyer program workshop presented by HEART olSan Mateo County to educate both City ernployees and Burlingame residents about the first-tirne hornebuyer progratn. Program Description (By Housing Element Program Names) Housing Programs Progress Report - Government Code Section 65583. Describe progress of all programs including local efforts to remove govemmental constraints to the maintenance, improvement, and development of housing as identified in the housing element. Name of Program Timeframe in H.E.Status of Program Implementation Program H(F-9) - Zero-Net-Loss of Housing Units Amend the zoning code to require that when there is a loss of multifamily rcntal housing due to subdivision or condominium approvals, the project shall be required to provide 20 percent affordable housing units and/or provide displaced tenants with the first right to return to replacement housing units and to affordable housing units, subject to compliance with Measure T, the Burlingame Fair Property Rights Ordinance. No loss ofhousing stock. Within I year of HE adoption This prograrn has been irnplernented through project review but the zoning code has not yet been amended to include this requirement. The City is cun'ently in the midst of a General Plan update that will be followed by a zoning code update. This issue can be studied for inclusion in the upcorning zoning code update. Program H(F-10) - Housing for Very Low lncome Households Explore opportunities to encourage development of housing for very low and extremely low income households through a variety of activities that may include: . Examining the appropriateness of new housing types that can providc affordable options, such as junior second units and micro-apartments; . Identifying grant and funding opportunities; . Monitoring the availability ofstate cap-and-trade funding for affordable housing; . Considering joint development opportunities with non- prolit developers for projects that accommodate a wide range of incomc categories including vcry low income; . Reaching out to housing developers and assisting them, where applicable, in preparing applications for affordable housing funding sources, which may involve feedback on their financial analyses, provision of demographic and land use data, and rcview of their funding applications; . Offering additional incentives beyond the density bonus and inclusionrry housing provisions; and/or . Prioritizing a portion offees, including potential residential and commercial impact fees, towards affordable housing. Explore the effectiveness and appropriateness of new strategies and incentives to promote housing for very low and extrernely low incotne households on an annual basis. Annual Review The City is currently working on an update to the Accessory Dwelling Unit regulations to facilitate the developrnent of accessory units easier, by waiving parking requirements and eliminating limits on lot size for units added within existing square footage/structures, consistent with State [:w rnandates. In addition, the City is involved in a joint development of downtown Parking tots F & N includes the City to develop 132 workforce and senior housing units. Commercial (linkage) impact fees were adopted by the City Council on July 3,2017, as follows: - $7/SF - retail - $12lSF- hotel - $18/SF - office < 50,000 SF - $25lSF - offic* 50,000 SF Residential impact fees have been under consideration within the past year', and staff is researching infonnation requested by the City Council. The matter will retum for [onsideration in 2018. loujectines Name of Program Objectives Timeframe in H.E. Program H(F-1f) -Anti-Displacement Strategies Acknowledge the problem oftenant displacement and convene a process to investigate mitigations and the obstacles to deploying them, including legislative barriers such as the Burlingame Fair Property Rights Ordinance ("Measure T") and establish or modify strategies as appropriate. Conduct an annual review of the availability and effectiveness of anti-displacernent strategies and programs. First reviewed January 2015. then annually Anti-displacernent stmtegies were discussed and exarnined by the City Council during the last housing element cycle. The City Council has consideled anti-displacement stmtegies within the context ofcollection ofcommercial linkage fees and residential impact fees, with considerations for' prcgrams such as elnergency rent assistance to prevent displacement, and acquisition ofexisting housing stock to be retained with below-market rents. In conjunction with the County of San Mateo Horne for All initiative, the Ciry has convened a cornrnunity meeling process to evaluate housing Lmatters, including anti-displacement strategies, with the first two meetings in Winter/Spring 2018. lrrurm of Program Implementation Residential Applications Overview April 2018 Approved Projects The following projects have received approval and are in various stages of construction: 724 www.burl i ngame.orgl1600trousdale1600 Trousdale Drive - Assisted Living 1008-1028 Carolan Avenue (SummerHill)290 29 Demo permit lncludes 29 Moderate lncome units (12070 AMI) for 25 years www.burl i ngame.orglsummerhill www.burlin game.orgl1491-93oakgrovet49!-93 Oak Grove Avenue 10 1433 Floribunda Avenue 10 7 lncludes 1 lvloderate lncome unit (12O% AMI) for 10 years www.burlingame.orgl1433f loribunda 17 L lncludes 1 Moderate lncome unit (120% AMI) for 10 years www.burl i ngame.or9l509elcaminoreal1509 El Camino Real tL2a-32 Douglas Avenue aa 2 lncludes 2 Moderate lncome units (11070 AMI) for 25 years www.burli nEame.orQl1128-32douglas 1431 El Camino Real 6 www.burlingame.orgl1431elcami noreal TOTAL 478 33 Units BIMR Units Status lnformatlon PageAddressPlanningunder Notes Approval Permit Permit ConstructionSubmitted Approved Proposed Projects The following projects have applications that have been submitted for review, but have not yet been acted on by the Planning Commission: Key to Application Status: PCStudySession - Planning Commission study session to review proposed design and identiry environmental issues to be studied. No action (approval) in this meeting. CEQA - Environmental review in compliance with California Environmental Qualjty Act (CEQA). PC Acton - Planning Commission public hearing to consider action (approval) of the application. 556 El Camino Real 27 L/?5/16 2/24/t4 7 /24/ 17 www.burlinqame.orgl556elcaminoreal 619-625 California Drive Live/Work 26 |t/13/t7 6/t2/t1 www.bu rlinqa me.orgl6 19-25california 920 BayswaterAvenue 728 13 7t/t3/t7 7/10/17 lncludes 13 Moderate lncome units (1207o AMI) for 30 years www.burl i ngame.org/920bayswater The Village at Burlingame (Lot F Affordable Housing)732 132 2/26/18 Workforce units: I units at 507o AMl, 63 at 607o AMl, 6 units at 110% AMl, 1 unit at 72OYo AMl. Senior units: 6 units at 5O7o AMl, 43 units at 6070 AMl, 5 units at market rent www.burl i neame.orglvi llageatburl i n game 21 Park Road 7 to/71/ 77 www.burlingame.org/2loark 1214 Donnelly Avenue t4 TOTAL 328 t45 RISIDENTIAL APPLICATIONS OVERVIEW - APRIL 2018 I 2 Address Status Units P*L!m ec sruoy pC c,ry Notes lnformation Page lJnrls unOcr sess,on ULQA Aciioo counc,,Hevrcw Prollmlnary Proiocts communiry is a master plan with deveropmenr projests to be submited at laGr dates. Estimated unit counts should be considered very tentgtive and subiect to chanEe if and when a deveropment apprication is submitted. RESIDENTIALAPPLICATIONS OVERVIEW - APRIL 2018 I 3 www.burl i ngame.orglmasterpla nup to 400 Environmental review underway. Draft EIR anticipated Fall 2OL7. Peninsula Wellness Community Master Plan www.burlingame.or9220park220 Park Road (former post office)100 - 128 Negotiations ongoing with City to consider including municipal Parking Lot E in development. 500 - 528TOTAL Estlmated Unlts Status lnformatlon Page I Address STAFF REPORT AGENDA NO: 10c From: Subject: MEETING DATE: April 16,2018 To:Honorable Mayor and City Counci! Date: April 16, 2018 William Meeker, Community Development Director - (650) 558'7255 Kevin Gardiner, Planning Manager - (650) 558-7253 Adoption of a Resotution Opposing Regarding SB 827 (Wiener) -Planning and Zoning: Transit-Rich Housing Bonus and Authorizing the Mayor to Send a Letter Conveying the CitY's Position RECOMMENDATION Staff recommends that the City Council adopt the attached resolution opposing Senate Bll 827 (Wiener), Planning and Zoning: Transit Rich Housing Bonus, and authorizing the Mayor to send a letter of opposition. While the legislation is in early phases and amendments are ongoing, the League of California Cities has recommended that its members state their positions at the earliest opportunity. BACKGROUND On January 3, 2018, State Senator Scott Wiener introduced SB 827 as part of his Housing First package, which also included bills to reform the Regional Housing Needs Assessment (RHNA) process and to expand farmworker housing opportunities while maintaining strong worker protections. Under SB 827, parcels within a half-mile of major transit hubs or within a quarter mile of high-frequency bus stops would be exempt from a variety of locally developed and adopted development standards such as height limitations, densities, parking requirements, and design review standards. SB 827 would let developers construct buildings up to 55 feet tall (amended from g5 feet in the initial proposal), with no parking minimums and limited design review even if local zoning codes preclude it, including in single family neighborhoods. SB g27 would apply in any city that has transit service that meets either of the below definitions: , ,,High-guality transit corridor stop" means a corridor with fixed route bus service that has service intervals of no more than 15 minutes during peak commute hours. "Major transit stop" means a site containing an existing rail transit station, a ferry terminal served by either a bus or rail transit service, or the intersection of two or more major bus routes with a frequency of service interval of 15 minutes or less during the morning and afternoon peak commute Periods. 1 SB 827 (Wiener) - Planning and Zoning: Transit Rich Housing Bonus April 16, 2018 For Burlingame, these radii would encompass a significant portion of the City and eliminate the ability for the City to engage in planning self-determination. DISCUSSION The League of California Cities has been actively opposing this measure since it was introduced in January, and has recommended that its members state their positions at the earliest opportunity. Concerns raised by the League include: SB 827 would undermine locally adopted General Plans, Housing Elements (which are certified by the Department of Housing and Community Development), and Sustainable Community Strategies (SCS). SB 827 allows housing developers to determine housing densities, parking requirements, and design review standards within one-half mile of a "major transit stop," or one-quarter mile radius of a transit stop on a "high quality transit corridor." Under existing law, cities are already required to zone for densities at levels necessary to meet their entire Regional Housing Needs Allocation (RHNA). Exempting large-scale developments from General Plans, Housing Elements, and zoning ordinances goes against the principles of local democracy and public engagement. Public hearings allow members of the community to inform their representatives of their support or concerns when planning documents are developed, and often lead to better projects. Disregarding such processes will increase public distrust in government and could lead to more ballot measures dealing with growth management. I I I The American Planning Association California Chapter also is opposed to SB 827 (letter attached). The APA California Chapter's concerns include: SB 827 would override local planning efforts including General Plans, Housing Elements, and Specific Plans SB 827 would replace local land use planning with a "one-size fits all" approach across the entire state. The approach in SB 827 does not take into consideration what is currently on the ground, what cities and counties have already accomplished to increase density around transit, or the detrimental consequences to existing affordable housing. SB 827 would overrule public input in the local decision-making process, which is an essential feature of planning and zoning law, making it even more difficult for California's cities and counties to achieve the balanced community planning historically supported (and mandated) by state law. SB 827 would set a troubling precedent for further diminishing of local land use planning in future legislation. 2 SB 827 (Wiener) - Planning and Zoning: Transit Rich Housing Bonus April 16, 2018 SB 827 would also present challenges to municipalities with impacted school districts such as Burlingame, where accommodating capacity is already a challenge. The "one size fits all" approach does not distinguish between districts with declining enrollment and facing school closures, compared to districts such as Burlingame that are at capacity and cannot easily build additional facilities. The ability for school districts to finance new construction through impact fees is constrained, and SB 827 does not provide funding mechanisms for schools facing increasing enrollment. The City of Burlingame understands the need to provide new housing, and has been pursuing in earnest tools in place to promote housing development. ln 2010, the City adopted its Downtown Specific Plan, which emphasizes new housing development within close proximity to transit and downtown services. Since the plan's adoption, 387 new residential units have either been proposed or approved - a particularly worthy achievement given that Burlingame's downtown is already intensively developed with very few vacant or underutilized sites. Beyond the boundaries of the Downtown Specific Plan, 431 additional new residential units have either been proposed or approved, in accordance with previous planning efforts such as the North Burlingame/Rollins Road Specific Plan, and earlier updates of the Housing Element. More recently, in 2015 the City initiated a comprehensive update of its General Plan ("Envision Burlingame"), which proposes to facilitate substantial increases in housing, with priority for areas near transit. While the Draft General Plan shares a number of objectives with the proposed SB 827 legislation (particularly locating housing near transit), the General Plan is the culmination of a highly-involved, multi-year community planning process, and is subject to a thorough environmental review under the California Environmental Quality Act (CEOA). Public hearings will commence upon release of the Draft Environmental lmpact Report (ElR) this spring. Also significantly, whereas the Draft General Plan retains existing single family land uses without changes (except for the provision of accessory dwelling units), SB 827 would apply to all residential districts, including single family districts. The attached resolution combines League of California Cities and American Planning Association Catifornia Chapter concerns points with points specific to Burlingame that highlight the City's commitment to housing and the importance of its development review process. Furthermore, the resolution states that the City has taken substantial steps toward planning for future housing, including initiating a comprehensive update to its General Plan ("Envision Burlingame"), approving an affordable housing commercial linkage fee, and being on track to meet its Regional Housing Needs Assessment (RHNA) target for market rate housing. FISCAL IMPACT None. Exhibits:. Resolution. Draft Letter, American Planning Association California Chapter Notice of Opposition . Bill Text 3 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME OPPOSING SENATE BILL 827, PLANNING AND ZONING: TRANSIT-RICH HOUSING BONUS AND AUTHORIZING THE MAYOR TO SEND A LETTER CONVEYING THE CITY'S POSITION WHEREAS, in January 2018, Senator Scott Wiener introduced SB 827, Planning and Zoning: TransilRich Housing Bonus; and WHEREAS, SB 827 (Wiener) would exempt a housing project with parcels all within a 1/2 mile radius of a major transit stop or a 114 mile radius of a high-quality transit corridor from various requirements and empowers the State to override local zoning laws to let developers build taller and more densely around rail stations and bus lines; and WHEREAS, these radii would encompass significant areas of Burlingame, effectively eliminating the ability for the City to engage in planning self-determination; and WHEREAS, SB 827 would let developers construct buildings up to 55 feet tall with no parking minimums and limited design review, even if local zoning codes preclude it, including in single family neighborhoods; and WHEREAS, the City must make every effort to expand affordable and middle-income housing, but not at the expense of local control over land use and community-driven planning; and WHEREAS, the City has taken substantial steps towards planning for future housing, including initiating a comprehensive updates to its General Plan, approving an affordable housing commercial linkage fee, and being on track to meet its Regional Housing Needs Assessment (RHNA) target for market rate housing; and WHEREAS, SB 827 is inconsistent with Burlingame's efforts to update its General PIan, and craft equitable community planning. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BURLINGAME DOES HEREBY RESOLVE THAT: IVlichael Brownrigg, Mayor The City of Burlingame opposes SB 827, Planning and Zoning: Transit-Rich Housing Bonus, which would allow the construction of housing developments near major transit stops without compliance with local land use regulations and authorizes the Mayor to send a letter conveying the City's position. l, Meaghan Hassel-Shearer, City Clerk of the City of Burlingame, do hereby certify that the foregoing Resolution was introduced at a regular meeting of the City Council held on the 16th day of April, 2018, and was adopted thereafter by the following vote: AYES: NOES: ABSENT: Councilmembers: Councilmembers: Councilmembers: Meghan Hassel-Shearer, City Clerk The City of Burlingome Michoel Brownrigg, Moyor Donno Colson, Vice Moyor Emily Beoch Ann Keighron Ricordo Ortiz CITY HALL - 50I PRIMROSE ROAD BU RLINGAME, CALI FORNI A 9 401 0-3997 TEL: (650) 558-7200 FAX: (550) 566-9282 www.burlingome.org RE: April 16, 2018 The Honorable Scott Wiener California State Senate State Capitol Building, Room 4066 Sacramento, CA 95814 VIA FAX: 916-651-491 1 SB 827 Miener). Planninq and Zoninq: Transit-Rich Housinq Bonus. Notice of Opposition (as amended 4/9/18) Dear Senator Wiener: I am writing on behalf of the City Council of the City of Burlingame to let you know of our opposition to Senate Bill (SB) 827, which would effectively rezone all land within one-half mile radius of a "major transit stop" or one-quarter mile radius of a transit stop on a "high quality transit corridor." The City of Burlingame understands the need to provide new housing, and has been pursuing in earnest tools in place to promote housing development. ln 2010 the City adopted its Downtown Specific Plan, which emphasizes new housing developmentwithin close proximity to transit and downtown services. Since the plan's adoption, 387 new residential units have either been proposed or approved - a pailicularly worthy achievement given Burlingame's downtown is already intensively developed with very few vacant or underutilized sites. Beyond the boundaries of the Downtown Specific Plan, 431 additional new residential units have either been proposed or approved, in accordance with previous planning efforts such as the North Burlingame/Rollins Road Specific Plan, and earlier updates of the Housing Element. The City is on track to meet its overall Regional Housing Needs Allocation (RHNA) goals in terms of total number of units. It/ore recently, in 2015, the City initiated a comprehensive update of its General Plan and Zoning Ordinance (known as "Envision Burlingame"), which proposes to facilitate substantial increases in housing, with priority for areas near transit. While the Draft General Plan shares a number of objectives with the proposed SB 827 legislation (particularly locating housing near transit), the General Plan is the culmination of a highly-involved, multi-year community planning process. SB 827 would undermine the years of hard work that the community has put into the update of the General Plan and Zoning Ordinance. Furthermore, understanding that the housing construction market alone cannot accommodate the lower-income ranges, even with incentives such as density bonuses, the City of Burlingame has been proactive in pursuing and promoting affordable housing. The City adopted a commercial linkage fee for new commercial development, and is in the process of considering a residential impact fee for Senator Scott Wiener April16,2018 Page2 new residential development. ln Downtown Burlingame, the City is pursuing development of a 132-unit workforce and senior affordable housing development, with the City providing the land for the project. ln this context, the City of Burlingame must oppose SB 827 for the following reasons: SB 827 would undermine the City's certified Housing Element, as well as the many years of work that have been invested in the City's General Plan and Zoning Ordinance Update. lnstead, SB 827 would replace local land use planning with a "one-size fits all" approach across the entire state. Exempting large-scale developments from General Plans, Housing Elements, and zoning ordinances goes against the principles of local democracy and public engagement. Burlingame has created a development review process that provides clear guidance to applicants while also allowing the community to give input so that housing proposals will be successful. Eliminating the public process in the review of these developments will violate the trust that the public has put in the planning process. a a a a The approach in SB 827 does not take into consideration what is currently on the ground, and what cities and counties have already accomplished to increase density around transit. SB 827 would present challenges to municipalities with impacted school districts such as Burlingame, where accommodating capacity is already a challenge and the district cannot easily build additional facilities. The ability for school districts to finance new construction through impact fees is constrained, and SB 827 does not provide funding mechanisms for schools facing increasing enrollment. For the reasons stated above, the City of Burlingame must strongly oppose Senate Bill 827. lf you have any questions about the City's position on this legislation, please contact Planning Manager Kevin Gardiner at kqardiner@burlinqame.orq or 650-558-7250. Sincerely Michael Brownrigg Mayor cc:State Assembly Member Kevin Mullin State Senator Jerry Hill Seth Miller, League of California Cities, smiller@cacities.orq Meg Desmond, League of California Cities, Cityletters@cacities.orq City Council Register online with the City of Burlingome to receive regulor City updotes of www.Burlinqome.org American Planning Association California Chapter Moking Great Communities Happen March 1,4,20L8 Senator Scott Wiener Room 4066 state capitol Sacramento, California 95814 SUBJECT: SB 827 (WIENER) - NOTICE OF OPPOSITION OVERRIDING LOCAL ZONING NEAR TRANSIT Dear Senator Wiener: The American Planning Association, California Chapter (APA California) must regretfully oppose SB 827 as amended March 1st. SB 827 would require a local government, if requested, to grant a "transit-rich" housing bonus to a development proponent of a "transit-rich" housing project located near transit by eliminating specific local land use authority. APA California understands and supports the goal of increasing the number of new multifamily housing units rather than low-density housing around transit stops - it is one of APA's principles to support density, affordability and inclusive communities near transit and throughout the community. APA California would support revising existing planning and Transit Oriented Development laws to increase density and affordability requirements near transit stops by requiring a minimum density and affordability standard on vacant and redeveloping properties - and allowing each jurisdiction to figure out how best to meet those minimums. Appropriate protections for existing housing must also be part of that process. But, SB 827 does much more than set a new bar for density. lt would override local planning efforts including longstanding General Plan land use plans in stable, builtout communities, Housing Elements certified by HCD, Sustainable Communities Strategies, development agreements, specific plans, and Transit Oriented Developments. APA California opposes altering state policy to replace local land use planning with a one-size fits all approach across the entire state, in areas as diverse as c/o STEFAN/GEoRGE AssocIATEs 1333 36TH STREET SACRAMENTo CA 95815-5401 P:916,736.2434 Ft916.456.1283 www.calapa.org San Francisco and Redding. The approach in SB 827 does not take into consideration what is currently on the ground, what cities and counties have already accomplished to increase density around transit, or the detrimental consequences to existing affordable housing that the bill's significant benefits to developers would encourage. This bill would overrule public input in the local decision-making process, which is an essential feature of planning and zoning law, making it even more difficult for California's cities and counties to achieve the balanced community planning historically supported (and mandated) by state law. APA California believes the approach in SB 827 will adversely impact all housing development, including multifamily housing, and set a troubllng precedent for further diminishing of local land use planning in future legislation. APA California is willing to work with you to craft legislation to increase density around major transit stops using approaches like minimum density and affordabilrty standards as suggested. However, APA cannot support a bill that begins to eliminate or otherwise diminishes local land use planning through an arbitrary blanket standard applicable to every unique community in California without any regard for existing localcircumstances. lf you have any questions, please contact our lobbyist, Sande George, with Stefan/George Associates, sqeorge @stefangeorge.com, 916-443-5 301. Sincerely, )ohw c. TereLL John C. Terell, AICP Vice President, Policy and Legislation APA California cc: Governor's Office Senate Transportation and Housing Committee Senate Local Government Committee OPR Republican Caucus c/o STEFAN/GEoRGE ASSocIATES 1333 36rr STREET SACRAMENTo CA 95815-540 1 P:916.736,2434 F:916.456,1283 www.calapa.org AMENDED IN SENATE APRIL 9, 20 18 AMENDED IN SENATE MARCH I, 2OI8 SENATE BILL No.827 Introduced by Senator Wiener (Principal coauthor: Senator Skinner) (Principal coauthor: Assembly Member Ting) (Coauthor: Senator Hueso) January 3, 2018 An act to add Chapter 4.35 (commencing with Section 65918.5) to Division I of Title 7 of the Government Code, relating to land use. LEGISLATIVE COUNSEL,S DIGEST SB 827, as amended, Wiener. Planning and zoning: transit-rich housing bonus. The Planning and Zoning Law requires, when an applicant proposes a housing development within the jurisdiction of a local government, that the city, county, or city and county provide the developer with a density bonus and other incentives or concessions for the production of lower income housing units or for the donation of land within the development if the developer, among other things, agrees to construct a specified percentage of units for very low, low-, or moderate-income households or qualiffing residents. This bill would require a local government to, if requested, grant a development proponent of a transit-rich housing project a transit-rich housing bonus if that development at the time of submittal meets specified planning standards, including complying with demolition permit requirements, complying with any local inclusionary housing @ ordinance or if the local government has not adopted an inclusionary housing ordinance, agreeing to provide a 97 SB 827 ) specirted percentage of awarded units as onsite affordable housing, preparing a relocation beneflts and assistance plan, complying with any locally adopted objective zoning standards,+nd complying with any locally adopted minimum unit mix=eqgiremen*s requirements, and if the development includes specified types of parcels, agreeing to reploce those units and to offer units at one of 2 specified affordable rates.The bill would define a transit-rich housing project as a residential development project the parcels of which are all within a '/, mile radius of a major transit stop or a '/o mile radius of a stop on a high-quality trartsit Das corridor. The bill would exempt an eligible applicant who receives a transit-rich housing bonus from various requirements, including maximum controls on residential density, maximum controls on floor area ratio that are lower than a specified amount, minimum automobile parking-+equirementg requirements except as provided, maximum heightJimitafiom; limitations that are less than a specified omount unless those increases would have a specific, adverse impact upon public health and safety, and zoning or design controls that have the effect of limiting additions onto existing structures or lots that comply with those maximum floor area ratios and height limitations. The bill would require an eligible applicant, which this bill would define to mean a development proponent who receives a transit-rich housing bonus, to provide each resident of the development with a recurring monthly transit pass with the applicable transit ogency that provides service to the major transit stop or high quality transit corridor that qualified the applicant for the bonus at no cost to the residents. The bill would require an eligible applicantffi h€usiffg+onus to provide beneflts to eligible displaced persons who are displaced by the development, including requiring the applicant to offer a right to remain guarantee to those tenants, and to make payments to eligible displaced persons for moving and related expenses as well as for relocation benefits. The bill would also require an eligible applicant to submit a relocation benefit and assistance plan for approval to the applicable local government to that effect, and to provide specified information and assistance to eligible displaced persons. This bill would provide that the provisions described above become operative on Jarutary 1, 2021 , in order to provide an opportltnity for local governments to conduct studies and to adopt or update any ordinances as necessary. The bill would authorize a local government, no later than July 1, 2020, to apply to the Department of Housing and Commtrnity Development for a one-time one-year extension in order 97 -3-SB 827 to delay the operation of those provisions with respect to parcels located within the jurisdictional boundaries of that local government until January 1, 2022. The bill would require the department to review any application submitted, and to grant it if the department makes specified findings. The bill would require the department to post on its Internet Web site the final decision of any application that the department granted to delay the operation of these provisions. This bill, commencing January I , 20I9, would provide that if a local government adopts any ordinance on or after Jarutory 1,2018, that eliminates zoning designations or decreases residential zoning capacity within an existing zoning district, then any development proponent who submits an applicationfor a transit-rich housing bonus on or after the operative date of these provisions as described above, will be deemed to be consistent with the requirements of these provisions if that development complies with zoning designations that were authorized onJanuary 1,2018. The bill would declare that its provisions address a matter of statewide concern and apply equally to all cities and counties in this state, including a charter city. By adding to the duties of local planning officials, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason. Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes. The people of the State of California do enact asfollows: I SECTION 1. The Legislature finds and declares that this act 2 addresses a matter of statewide concern and shall apply equally to 3 all cities and counties in this state, including charter cities. 4 SEC. 2. Chapter 4.35 (commencing with Section 65918.5) is 5 added to Division I of Title 7 of the Government Code, 6 immediately following Chapter 4.3, to read: 97 1 2 J 4 5 6 7 8 9 SB 827 -4- CnepreR 4.35. TnaNsrr-Rrcn Housnlc BoNus 65918.5. For purposes of this chapter: (a) "Development proponent" means an applicant who submits an application for a transit-rich housing bonus pursuant to this chapter. (b) "Eligible applicant" means a development proponent who receives a transit-rich housing bonus. (c) "FAR" means floor area ratio. l0 (d) "High-quality-transit Dzrs corridor" means a corridor with I I fixed route bus servic 12 that meets all of the l3 following criteria: 14 (l) It has average service intervals of no more than 15 minutes l5 during the three peak hours between 6 a.m. to l0 a.m., inclusive, l6 and the three peak hours between 3 p.m. and 7 p.m., inclusive, on 17 Monday through Friday. l8 (2) It has average service intervals of no more than 20 miruttes 19 duringthe hours of 6 a.m. to l0 a.m., inclusive, on Monday through 20 Friday. 2l (3) It has average intervals of no more than 30 minutes during 22 the hours of I a.m. to 10 p.m., inclusive, on Saturday and Sunday. 23 (e) "Local government" means a city, including a charter city, 24 a county, or a city and county. 25 A " Major transit stop " means a site containing an existing rail 26 transit station, or a ferry terminal served by either bus or rail 27 transit service. 28 (d "Maximttm allowable residential density" means the density 29 allowed under the zoning ordinance and land use element of the 30 general plan of the applicable local government, 04 f a range of 31 density is permitted, means the maximum allowable density for32 the specific zoning range and land use element of the general plan 33 applicable to the project. If the density allowed under the zoning 34 ordinance is inconsistent with the density allowed under the land 35 use element of the general plan, the general plan density shall 36 prevail. 37 (h) "Residential development" means a project with at least 38 two-thirds of the square footage of the development designated 39 for residential use.40 (o 97 1 2 J 4 5 6 7 8 9 10 1l t2 13 t4 15 t6 t7 18 t9 20 2l 22 23 24 25 26 5 SB 827 (y' "Transit-rich housing project" means a residential development project the parcels of which are all within a one-half mile radius of a major transit stop or a one-quarter mile radius of a stop on a high-quality-# 6ars corridor. A residential development project does not qualify as a transit-rich housing project if that project would result in the construction of housing in zoning districts that prohibit the construction of housing as a principal or conditional use, including, but not limited to, exclusively industrial or manufacturing zoning districts. A project shall be deemed to be within a one-half mile radius of a major transit stop or a one-quarter mile radius of a stop on a high-quality transit bas corridor if both of the following apply: (1) All parcels within the project have no more than 25 percent of their area outside of a one-half mile radius of a major transit stop or a one-quarter mile radius of a stop on a high-quality# 6ers corridor. (2) No more than 10 percent of the residential units or 100 units, whichever is less, of the project are outside of a one-half mile radius of a major transit stop or a one-quarter mile radius of a stop on a high-quality+rans'ft bas corridor. 0 "Units awarded" means the increase in units in the residential development permitted above the maximum allowable residential density after the transit-rich housing bonus is granted. 65918.6. (a) Notwithstanding any local ordinance, general plan element, specific plan, charter, or other local law, policy, resolution, or regulation, a local jurisdiction shall, if requested, provide an eligible applicant with a transit-rich housing bonus that 28 shall exempt the project from all of the following: 29 (1) Maximum controls on residential density. 30 (2) Maximum controls on FAR lower than those specified in 3l paragraph ( ) ofsubdivision (c). 32 (3) Minimum automobile parkingteqpircmentr requirements, 33 unless the proposed project is outside of a '/, mile of a major transit 34 stop, in which case the local jurisdiction may enforce a parking 35 minimum of up to .5 automobile parking spots per unit. 36 (4) Maximum building height limits that are less than those 37 specified in subdivision-{b)r (b), unless the height increase 38 proposed by the development proponent would have a specific, 39 adverse impact upon public health or safety, and there is no 40 feasible method to satisfactorily mitigate or avoid the specific 97 27 SB 827 1 2 J 4 5 6 7 8 9 l0 ll t2 l3 t4 l5 t6 t7 18 19 20 2l 22 23 24 25 26 27 28 29 30 31 32 JJ 34 35 36 37 38 39 40 -6- adverse impact without rendering the development infeasible. As used in this paragraph, a "specific, adverse impact" meons a significant, quantifiable, direct, and unavoidable impact, based on objective, identffied written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete. Inconsistency with the zoning ordinance or general plan land use designation shall not constitute a specific, adverse impoct upon the public health or safety. (5) Zoning or design controls that have the effect of limiting additions onto existing structures or lots il# those additions comply with the height and FAR limits established in subdivision (b) or paragraph (4) ofsubdivision (c). (b) An eligible applicant shall be exempt from local maximum height limits as follows: (1) If the transit-rich housing project is within a one-quarter mile radius ofiither a major transit@ tranS+eoriaot stop, the maximum height limitation shall not be less than 55 feet. Howeven the eligible applicant shall comply with any maximum height limitation for a transit-rich housing project that is greater than 55 feet. (2) If the transit-rich housing project is within a one-half mile radius of a major transit stop, but does not meet the criteria specified in paragraph (1), any maximum height limitation shall not be less than ifte efo 45 feet. However the eligible applicant shall comply with any maximum height limitationfor a transit-rich housing project that is greater than 45 feet. ffontage on two or mo 97 1 2 1J 4 5 6 7 8 9 10 11 t2 13 t4 15 16 t7 18 19 20 2I 22 23 24 25 26 27 28 29 30 3t 32 JJ 34 35 36 37 38 39 40 -7 - SB 827 stfe€t (c) A development proponent may submit an application for a development to be subject to the transit-rich housing bonus process provided by subdivision (b) if the application at the time of submittal satisfles all of the following planning standards: (1) Any demolition permit that is related to an application for a transit-rich housing project is subject to all demolition permit controls, restrictions, and review processes enacted by the applicable local government. Additionally, an applicant shall be ineligible for a transit-rich housing bonus ifthe+oustng either of thefollowing are met: (A) The residential development is proposed on any property that includes a parcel or parcels on which existing rental units that are subject to any form of rent or price control through a local government's valid exercise of its police power would need to be demolished, unless the local government passes a resolution explicitly authorizing a review process for demolition permit applications. (B) The residential development is proposed on any property that includes a parcel or parcels on which an owner of residential real properQ exercised his or her rights under Chapter 12.75 (commencing with Section 7060) of Division 7 of Title I to withdraw accommodations from rent or lease within five years before an application is submitted under this chapter. (2) +he-(A) If the local government has adopted any local inclusionary housing ordinances, the development complies with a*y those local inclusionary housing ordinances. For purposes of this paragraph, local inclusionary housing ordinances include either of the following: €+)(i) Amandatory requirement, as a condition of the development of residential units, that the development include a certain percentage of residential units affordable to, and occupied by, households with incomes that do not exceed the limits for moderate-income, lower income, very low income, or extremely low income households specified in Sections 50079.5, 50093, 50105, and 50106 of the Health and Safety Code. The ordinance may provide alternative means of compliance that may include, but are not limited to, in-lieu fees, land dedication,-off*ite ffiite 97 SB 827 8 1 construction, or acquisition and rehabilitation of existing units.{f z lrcqpiffi 4 (B) 5 (iil For the purposes of this section, if a@ local 6 government does not have a mandatory requirement as described 7 in subparagraph (A), a locally adopted voluntary incentive-based 8 program that grants a range of incentives to developments that 9 include an objective and knowable amount offie onsite 10 affordable housing. The knowable amount offi onsite 11 affordable housing and number of incentives shall be calculated 12 based on the project's proximity to different types of public 13 transportation, and include proximity to both regular bus lines, bus 14 rapid transit, and rail stations. In the case that a local inclusionary 15 housing ordinance is a voluntary or incentive-based program as 16 described in this subparagraph,# onsite affordable housing 17 requirements for a transit-rich housing project shall be calculated 18 based on the height, density, floor area ratio, bulk, and automobile 19 parking included in the final design of the transit-rich housing 20 project. 2l (B) If the local government has not adopted any local 22 inclusionary housing ordinances, and the development project 23 includes ten or more residential units, the development proponent 24 agrees to provide the applicable percentage of units awarded as 25 onsite affordable housing. All calculations made pursuant to this 26 subparagraph that result in afractional unit shall be rounded up. 27 For purposes ofthis subparagraph, the applicable percentage of 28 units awarded shall be calculated as follows:29 (i) If the proposed development proiect has between ten and 30 twenty-five residential units, the development proponent shall 31 choose between the following:32 (I) Offering 5 percent of the units at a rate sfficient for very 33 low income households. 34 (II) Offering 10 percent of the units at a rate suficient for35 low-income households. 36 (III) Offering 25 percent of the units at a rate sfficient for37 moderate-income households. 38 (ii) If the proposed development project has between twenty-six 39 andfifty residential units, the development proponent shall choose 40 between thefollowing: 97 9 SB 827 | (I) Offering 7 percent of the units at a rate sfficient for very 2 low income households. 3 (II) Offering 13 percent of the units at a rate sfficient for4 low-income households. 5 (IID Offering 30 percent of the units at a rate sfficient for6 moderate-income households. 7 (iiil If the proposed development project has fifty-one or more 8 residential units and the proposed development proiect has less 9 than one quarter of its squarefootage dedicated to ffice use, the 10 development proponent shall choose between thefollowing: 1 1 (I) Offering I I percent of the units at a rate sfficient for very 12 low income households. 13 (II) Offering 20 percent of the units at a rate sfficient for 1,4 low-income households. 15 (lil) Offering 40 percent of the units at a rate sfficient for16 moderate-income households. 17 (iv) If the proposed development project hasfifty-one or more 18 residential units and has more than one quarter of its square 19 footage dedicated to ffice use, the development proponent shall 20 offer 20 percent of the units at a rote sfficient for lower income 2l households, including l0 percent at a rate sfficient for very-low 22 income households. 23 (3) The development proponent prepares and submits to the 24 applicable local government a relocation assistance and benefits 25 plan as described in subdivision (d) of Section 65918.8. 26 (4) Except as specified in subdivision (a), the transit-rich housing 27 project complies with all local objective zoning design standards 28 that were in effect at the time that the applicant submits its first 29 application to the local government pursuant to this section, except 30 as provided in Section 65918.10, provided that those local zoning 3l design standards shall not result in a FAR for the development that 32 received the bonus that is less than the following: 33 (A) 2.5 FAR for lots with a maximum height limit of 45 feet 34 pursuant to this section. 35 (B) 3.25 FAR for lots with a maximum height limit of 55 feet 36 pursuant to this section. 37 38 eur$ffit#ion'39 (5) Any locally adopted objective zoning standard that involves 40 no personal or subjective judgment by a public official and is 97 SB 827 -10- 1 uniformly verifiable by reference to an external and uniform 2 benchmark or criterion available and knowable by both the 3 development applicant or proponent and public off,cials before 4 the application is submitted,i:neh*dinglarfno,Himidto inc lud ing, 5 but not limited to, essential bulk and FAR requirements, except as 6 specified in paragraph (4), codifled design standards, and 7 development fees. 8 (6) Any locally adopted minimum unit mix requirements, 9 provided that those requirements do not have the effect ofrequiring 10 more than 40 percent of all units in a transit-rich housing project l1 to have two bedrooms or more. 12 (7) The development proponent ogrees to comply with 13 subdivision (c) of Section 65918.7 if the development includes a 14 parcel or parcels on which rental dwelling units are or if the 15 dwelling units have been vacated or demolished in thefive-year 16 period preceding the application, have been subject to any of the 17 following:18 (A) A recorded covenant, ordinance, or law that restricts rents l9 to levels affordable to persons andfamilies of lower or very-low 20 income. 2l (B) Any other form of rent or price control through a public 22 entity's valid exercise of its police power 23 (C) Occupied by lower or very low-income households. 24 (d) An eligible applicant who receives a transit-rich housing 25 bonus pursuant to this section may also apply for a density bonus, 26 incentive or concession, or waiver or reduction, pursuant to Section 27 6591 5. For purposes of calculating any base development standard, 28 including maximum allowable residential density, for purposes of 29 granting a density bonus, incentive or concession, or a waiver or 30 reduction of a development standard pursuant to that section, any 31 transit-rich housing bonus granted pursuant to this chapter shall 32 be used as that base development standard. 33 (e) An eligible applicant who receives a#ousitrg 34 transit-rich housing bonus pursuant to this section, and who 35 requests a streamlined, ministerial, approval process pursuant to 36 Section 65913.4, shall be deemed to be in compliance with local 37 zoning requirements for purposes of determining eligibility 38 pursuant to paragraph (5) of subdivision (a) of Section 65913.4, 39 and for purposes of enforcing legal protections for new 40 developments under Section 65589.5. 97 -11-SB 827 I O An eligible applicant who receives a transit-rich housing 2 bonus pursuant to this section, but does not reqttest or is not 3 eligible for a streamlined, ministerial, approval process pltrsuant 4 to Section 65913.4, shall be subject to applicable discretionary 5 reviews required by the local jurisdiction, including, but not limited 6 to, the California Environmental Quality Act (Division 13 7 (commencingwith Section 21000) of the Public Resources Code). 8 (g) An eligible applicant shall provide each resident of the 9 development with a recurring monthly transit pass with the l0 applicable transit agency that provides service to the major transit 11 stop or high quality transit corridor that qualified the applicant 12 for the bonus at no cost to the resident. 13 65918.7. Intheeventthatatransit-richhousingprojectis issued 14 a demolition permit by a local government as described in 15 paragraph (1) of subdivision (c) of Section 65918.6, the project 16 shall comply with any state or local tenant relocation benefit and 17 assistance program or ordinance serving residential tenants living 18 in the units that will be demolished. Moreover, in the event that 19 issuance of a demolition permit would result in the direct 20 displacement of a residential tenant or+efiartE tenants or in a net 2l loss of affordable units as specified in subdivision (c), the local 22 government may not issue demolition permits for rental housing 23 units as a part of the application for a transit-rich housing project, 24 unless the development proponent complies with relocation benefits 25 and-assis'tanee-and assistance, a right to remain-rffifafrteq 26 guarantee, and no net loss of affordable units, as follows: 27 (a) The development proponent prepares and submits a 28 relocation assistance and benefits plan to the jurisdiction /or29 eligible displaced persons as described in subdivision (d) of Section 30 65918.8. 31 (b) The development proponent offers all eligible displaced 32 persons a right to remain guarantee that is a right of first refusal 33 for a comparable unit in the transit-rich housing project after it 34 finishes construction, and a new lease for that unit at a rate not to 35 exceed the base rent defined in paragraph (2) ofsubdivision (f) of 36 Section 65918.9. The development proponent shall provide all 37 eligible displaced persons who enter into a new lease for a tmit 38 in the development a lease at the base rent with rent stabilization 39 ot the applicable base rent for the duration of their occupancy in 40 the unit, regardless of the length of the initial lease. For purposes 97 SB 827 -12- I of this subdivision, "rent stabilization" means that the rentfor the 2 applicable eligible displaced person may only be increased, at 3 maximum, at the same percentage as the annual percentage 4 increase of the Consumer Price Index. If an eligible displaced 5 person who entered into a new leasefor a unit in the development 6 departs from that unit, then that unit shall revert to an affordable 7 unit and shall be offered at a rate described in subparagraphs (A) 8 or (B) of paragraph (1) of subdivision (c). 9 (c) (l) With respect to any development that contains a parcel 10 orparcels described inparagraph (7) ofsubdivision (c) ofSection 1 1 65918.6, the development proponent agrees to replace those units 12 and agrees to comply with one of thefollowing: 13 (A) Offer units at an affordable rate, as described in paragraph 14 (2) of subdivision (c) of Section 65918.6. 15 (B) Offer each unit in the development, exclusive of a manager's 16 unit or units, at a rate affordable to, and occupied by, either a 17 lower or very low income household. 18 (2) For purposes of this section, "replace" means either of the 19 following:20 (A) If any dwelling units described in paragraph (l) are 21 occtpied on the date that the application for the transit-rich 22 housing bonus was submitted, the development proponent provides 23 all eligible displaced persons, as defined in subdivision (b) of 24 Section 65918.8, with a right to remain guarantee, as described 25 in subdivision (b). For unoccupied dwelling units in a development 26 with occttpied units, the development proponent shall provide units 27 of equivalent size or type, or both, to be made available at 28 affordable rent or affordable housing cost to, and occupied by, 29 persons andfamilies in the same or lower income category in the 30 same proportion of affordability as the occupied units. All 31 replacement calculations resulting in fractional units shall be 32 rounded up to the next whole number. If the replacement units will 33 be rental dwelling units, these units shall be subiect to a recorded 34 affordability restrictionfor at least 55 years. 35 (B) If all dwelling units described in paragraph (2) have been 36 vacated or demolished within the five-year period before the 37 applicationfor the transit-rich housing bonus was submitted, the 38 development proponent shall provide at least the same number of 39 units of equivalent size or type, or both, as existed at the highpoint 40 of those units in the five-year period preceding the application to 97 -13-SB 827 I be made available at affordable rent or affordable housing cost 2 to, and occttpied by, persons and families in the some or lower 3 income category as those persons and families in occupancy at 4 that time, if known. If the incomes of the persons and families in 5 occupancy at the highpoint is not lcnown, then one-half of the 6 required units shall be made available at affordable rent or 7 affordable housing cost to, and occupied by, very low-income 8 persons and families and one-half of the required units sholl be 9 made available for rent at affordable housing costs to, and 10 occupied by, low-income persons and families. All replacement 1 1 calculations resulting in fractional units shall be rormded up to 12 the next whole number. If the replacement units will be rental 13 dwelling units, these units shall be subiect to a recorded 14 affordability restrictionfor at least 55 years. 15 65918.8. (a) An eligible applicantffi 16 tousingUoams shall comply with the procedures and requirements 17 in this section in providing relocation benefits and a right to remain 18 guarantee to any eligible displaced person. 19 (b) For purposes of this chapter, "eligible displaced person" 20 means the following: 2l (l) Any person who occupies properly that is located within the 22 development, and who will become displaced by the development. 23 (2) Any person who moves from property located within the 24 boundaries of the development after an application for a 25 development proposal subject to a transit-rich housing bonus is 26 deemed complete. 27 (c) An eligible applicant shall inform all eligible displaced 28 persons regarding the projected date of displacement and, 29 periodically, should inform those persons of any changes in the 30 projected date of displacement. 3l (d) A development proponent shall prepare a detailed relocation 32 benefits and assistance plan, and submit that plan to the applicable 33 local government for approval to determine whether the plan 34 complies with the requirements of this section. That plan shall 35 include all of the following: 36 (l) A diagrammatic sketch of the project area. 37 (2) Projected dates of displacement. 38 (3) A written analysis of the aggregate relocation needs of all 39 eligible displaced persons and a detailed explanation as to how 40 these needs are to be met. 97 SB 827 -14 - 1 (4) A written analysis of relocation housing resources, including 2 vacancy rates ofthe neighborhood and surrounding areas. 3 (5) A detailed description of relocation payments to be made 4 and a plan for disbursement. 5 (6) A cost estimate for carrying out the plan. 6 (7) A standard information statement to be sent to all eligible 7 displaced persons who will be permanently displaced. 8 (8) Plans for public review and comment on the development 9 project and relocation benefits and assistance plan. 10 (e) A development proponent shall provide notice of the 11 relocation benefits and assistance plan to all eligible displaced 12 persons at least 30 days before submitting the plan to the local l3 government for approval pursuant to subdivision (d). 14 (f) After the applicable local government approves the relocation 15 benefits and assistance plan pursuant to subdivision (d), the eligible 16 applicant shall do all the following: 17 (1) Notiff all eligible displaced persons of the following: 18 (A) The availability of relocation benefits and assistance. 19 (B) The eligibility requirements of relocation benefits and 20 assistance. 2l (C) The procedures for obtaining relocation benefits and 22 assistance. 23 (2) Determine the extent of the need of each eligible displaced 24 person for relocation benefits and assistance. 25 (3) Provide the current and continuing information on the 26 availability,-eri€€s prices, and rentals of comparable sales and 27 rental housing, and as to security deposits, closing costs, typical 28 down payments, interest rates, and terms for residential property 29 in the area to all eligible displaced persons. 30 (4) Assist each eligible displaced person to complete applications 31 for payments and benefits. 32 (5) Assist each eligible displaced person to obtain and move to 33 a comparable replacement dwelling. 34 (6) Supply to each eligible displaced person information 35 concerning federal and state housing programs. 36 (7) Inform all persons who are expected to be displaced about 37 the eviction policies to be pursued in carrying out the project, 38 which policies shall be in accordance with the relocation benefits 39 and assistance plan approved pursuant to subdivision (d). 97 1 2 J 4 5 6 7 8 9 10 11 t2 l3 t4 15 t6 t7 l8 t9 20 2r 22 L) 24 25 26 27 28 29 30 31 32 JJ 34 35 36 37 38 39 40 15 SB 827 (g) An eligible applicant's obligation to provide relocation benefits and assistance to an eligible displaced person shall cease if any of the following occurs: (l) An eligible displaced person moves to a comparable replacement dwelling and receives all assistance and payments to which he or she is entitled. (2) An eligible displaced person moves to substandard housing, refuses reasonable offers of additional assistance in moving to a decent,*aft safe, and sanitary replacement dwelling, and receives all payments to which he or she ls entitled. (3) The eligible applicant has failed to trace or locate the eligible displaced person after making all reasonable efforts to do so. (4) An eligible displaced person from his or her dwelling refuses, in writing, reasonable offers of assistance,-pafftetrts payments, and comparable replacement housing. (h) An eligible applicant shall not evict an eligible displaced person from properly, except as a last resort. Ifan eligible displaced person is evicted as a last resort pursuant to this subdivision, that eviction in no way affects the eligibility of that person for relocation payments. 65918.9. An eligible aPPlicantffi h€{rsing+onus shall make relocation payments to or on behalf of eligible displaced persons that otherwise meets all basic eligibility conditions set out in Section 65918.8, for all actual reasonable expenses incurred for moving and related expenses to move themselves, their family, and their personal property, and for relocation benefits. In all cases, the amount of payment shall not exceed the reasonable cost of accomplishing the activity in connection with a claim that has been filed.@ Payments made under this eomgbr.ri* section shall be subject to all of the following: (a) For purposes of this section, "moving and related expenses" include all of the following: (l) Transportation of persons and property, not to exceed a distance of 50 miles from the site from which they were displaced, except where relocation beyond 50 miles is justified. (2) Packing, crating,+npaeking unpacking, and uncrating personal property. (3) Storage ofpersonal property, for a period not to exceed 12 months. 97 SB 827 1 2 ) 4 5 6 7 8 9 l0 11 t2 13 t4 l5 t6 t7 18 19 20 2t 22 23 24 25 26 28 29 30 31 32 JJ 34 35 36 5t 38 39 27 -16- (4) Insurance of personal properly while in storage or transit. (5) The reasonable replacement value of property lost,-ste*en stolen, or damaged (not through the fault or negligence of the displaced person, his agent, or employee) in the process of moving, where insurance covering such loss,*eft theft, or damage is not reasonably available. A claim for payment hereunder shall be supported by written evidence of loss which may include appraisals, certified prices, bills ofsale, receipts, canceled checks, copies of advertisements, offers to sell, auction records, and other records appropriate to support the claim. (b) An eligible applicant may pay an eligible displaced person for their anticipated moving expenses in advance of the actual move. An eligible applicant shall provide advance payment as described in this subdivision whenever later payment would result in financial hardship to the eligible displaced person. In determining financial hardship for purposes of this subdivision, particular consideration shall be given to the financial limitations and difficulties experienced by low and moderate income persons. (c) This section does not preclude an eligible applicant from relying upon other reasonable means of relocating an eligible displaced person, including contracting to have that eligible displaced person moved to satisff the requirements of this section, and arranging for assignment of moving expense payments by eligible displaced persons. (d) An eligible displaced person who elects to self-move may submit a claim for their moving and related expenses to the eligible applicant in an amount not to exceed an acceptable low bid or an amount acceptable to the displacing entity. An eligible displaced person is not required to provide documentation of moving expenses actually incurred. (e) Except in cases of a displaced person conducting a self-move as provided in subdivision (d) above, an eligible displaced person who submits a claim for relocation payments under this section shall include a bill or other evidence of expenses incurred. An eligible applicant may enter into a written arrangement with the eligible displaced person and the mover so that the eligible displaced person may present to the eligible applicant an unpaid moving bill, and the eligible applicant can then pay the mover directly for any moving expenses incurred. 97 1 2 1J 4 5 6 7 8 9 l0 l1 t2 13 t4 15 t6 t7 l8 l9 20 2t 22 Z5 24 25 26 27 28 29 30 3l 32 JJ 34 35 36 37 38 39 40 -17 -SB 827 (f) For purposes of this section, "relocation beneflts" means a payment of an amount necessary to enable that person to lease or rent a replacement dwelling for a period not to exceed 42 months, as follows: (1) The amount of payment necessary to lease or rent a comparable replacement dwelling shall be computed by subtracting 42 times the base monthly rental of the displaced person, from 42 times the monthly rental for a comparable replacement dwelling, provided, that in no case may-steh that amotnt exceed the difference between 42 times the base monthly rental as determined in accordance with this subdivision and 42 times the monthly rental actually required for the replacement dwelling occupied by the eligible displaced person. (2) The base monthly rental shall be the lesser of the average monthly rental paid by the eligible displaced person for the three-month period before the eligible applicant submitted the relocation benefits and assistance plan pursuant to subdivision (d) of Section 65918.8, or 30 percent of the eligible displaced person's average monthly income. (3) A dependent who is residing separate and apart from the person or family providing support, whether that residence is permanent or temporary shall be entitled to payment under this section, but that payment shall be limited to the period during which the displaced dependent resides in the replacement dwelling. At the time the displaced dependent vacates that dwelling, no further payment under this section shall be made to that person. (4) Except where specifically provided otherwise, the eligible applicant may disburse payments for relocation benefits under this section in a lump sum, monthly or at other intervals acceptable to the displaced person. (g) Upon request by an eligible displaced person who has not yet purchased and occupied a replacement dwelling, but who is otherwise eligible for a replacement housing payment, the eligible applicant shall certifr to any interested party, financial institution, or lending agency, that the eligible displaced person will be eligible for the payment of a specific sum if they purchase and occupy a dwelling within the time limits prescribed. 65918.10. (a) If;This chapter, exceptfor the requirements of this section, shall become operative on January 1, 2021. It is the intent of the Legislature in delaying the operative date of this act 97 SB 827 I 2 aJ 4 5 6 7 8 9 10 11 t2 l3 t4 15 t6 t7 l8 t9 20 2r 22 24 25 26 28 29 30 31 32 JJ 34 35 36 37 38 39 -18- 23 27 to provide an opportunityfor local governments to conduct studies and to adopt or update any ordinances os necessary, provided those ordinances do not eliminate residential zoning designations or decrease residential zoning development capacity within an existing zoning dis trict. (b) A local government, no later than July 1, 2020, may apply to the Department of Housing and Community Development, in a form and manner prescribed by the department, for a one-time one-year extension to delay the operation of this chapter until January 1, 2022, with respect to any parcels located within the jurisdictional boundaries of that local government. The department shall review any application so submitted and shall grant the application if the departmentfinds that the local government has made significont progress towards conducting studies and adopting or updating necessary ordinances as required by subdivision (a), and that delaying the operative effect of this bill for that local government is necessary to give the local government time to complete those tasks. The department shall provide the local government with a statement in writing of thefinal decision on the application along with the reasoning for that decision. If the department grants an application to delay the operative date of this chapter for a particular locol government pursuant to this subdivision, the department shall post that decision on its Internet Web site. @ If, on or after January l, 2018, a local government adopts an ordinance that eliminates residential zoning designations or decreases residential zoning development capacity within an existing zoning district in which the development is located than what was authorized on January l, 2018, then that development shall be deemed to be consistent with any applicable requirement of this chapter if it complies with zoning designations that were authorized as ofJanuary 1,2018. ign standards after the *Kt in-a form and manner provided by the department; a finding of 97 -19-SB 827 1 2 3 SEC. 3. No reimbursement is required by this act pursuant to 4 Section 6 of Article XIIIB of the California Constitution because 5 a local agency or school district has the authority to levy service 6 charges, fees, or assessments sufficient to pay for the program or 7 level of service mandated by this act, within the meaning of Section 8 17556 of the Government Code. 97 o STAFF REPORT AGENDANO: 10d MEETING DATE: April 16,2018 To:Honorable Mayor and City Gouncil Date: April 16,2018 From:Margaret Glomstad, Parks and Recreation Director - (650) 558-7307 Nicole Acquisti, Recreation Supervisor - (650) 558-7337 Subject: Discussion of Skyline Park RECOMMENDATION Staff recommends that the City Council discuss the proposed park on Skyline Boulevard and provide direction. BACKGROUND Members of the Burlingame community have repeatedly requested additional hours and areas to have dogs off-leash within the City's park system. ln 2016, the Dog Park Task Force (DPTF) asked Recreation Division staff to research possible locations for a new dog park. Staff reviewed both City-owned and privately-owned parcels, including space behind Kohl Mansion. Most of the potential sites that staff reviewed were privately owned, and there were challenges with access and acquisition costs. DISCUSSION ln September 2016, Burlingame Parks and Recreation staff met with Community Development Department planners to discuss the details of the land. Staff agreed that this piece of land would be a good location for a park. On October 6,2016, Parks Superintendent Bob Disco and Recreation Supervisor Nicole Acquisti, along with Landscape Architect John Cahalan, hosted a community meeting to gather input regarding the use of the site as a park open to off-leash dogs. Community members were notified of the meeting through the City's eNews and the staff-maintained email list for those 1 The three-acre parcel located on the west side of Skyline Boulevard, between Rivera Drive and Trousdale, belongs to the City. ln the 1970s, the City considered building a park on this site. More recently, the City was considering relocating Fire Station 35 on Hillside Drive to this location but determined not to move forward with this project. Over the past two years, PG&E has removed trees along the pipeline that traverses the property, and Parks staff, in coordination with CAL FIRE crews, has completed significant fuel reduction work. Additionally, the Parks staff reduced the poison oak and thistles that were prevalent on the site as part of the fuel reduction work. Discussion of Skyline Park April 16, 2018 interested in dog park matters; the City also sent 700 mailers to neighbors surrounding the proposed project area. At the meeting, John Cahalan provided renderings of the proposed site. Approximately 30 attendees were able to ask questions and voice their opinions. Staff also accepted correspondence from community members that were unable to attend the meeting. Attendees noted their concerns about parking and safe access to the park, increased traffic on Skyline Boulevard, hours of park use, smoking onsite, the smell from the park, and the cost to build and maintain the park. Others were supportive of providing an open area for dogs and people to exercise and an additional recreational opportunity within the city. Finally, some noted their preference for maintaining a natural environment on the site. 1. The hours of use would be the same as those at all of the City's unlit parks; open sunrise to sunset. 2. Signage regarding rules of the park would include a prohibition on smoking and a requirement that park users pick up after their dogs. 3. Park maintenance would be the same as that for the rest of the parks in the system and would be added to the Parks Division maintenance plan. The Commission asked staff to discuss the parking, access, and traffic concerns with Community Development and bring the item back to the Commission for further review. ln the early months of 2017, Supervisor Acquisti met with Community Development staff to explore options for additional parking locations as well as safe entry and exit points for minimal impact to the current traffic and nearby residents. Through an lnstitute of Transportation Engineers (lTE) report, Community Development staff worked on generating the information needed to determine the required parking and, in turn, how it would affect traffic specifically during the peak hours between 7 and I a.m. and 4 and 6 p.m Because the ITE parking generation did not have a specific item for "off-leash park," Community Development staff looked at other sources including exclusive dog park locations and other studies in the Bay Area. Based on the size of the proposed park area, the daily traffic on Skyline Boulevard, and the current lane space, Community Development staff determined that a minimum of three parking spaces would be required at the park, including one off-street, van-accessible ADA stall and two parallel spaces on Skyline Boulevard. The landscape architect then updated the plans to reflect the required changes and provided a cost estimate of $241,210. ln lttay 2017 , Community Development staff reviewed the revised plans and approved the updated parking and lane additions (Exhibits A and B). On June 15,2017, the Parks and Recreation Commission reviewed the updated plans and heard public comment. After discussion, the Commission approved the proposed plans for the Skyline Park. Following the meeting, staff spoke with members of the DPTF and other community On November 17, 2016, Recreation Supervisor Acquisti presented the input from the community meeting to the Parks and Recreation Commission and provided follow-up information addressing some of the concerns. Discussion of Skyline Pa*April 16, 2018 members regarding the approved plans and determined that it would be prudent to investigate the viability of and cost associated with adding an additional off-street parking space next to the accessible space. Landscape Architect John Cahalan again revised the cost estimate and plans to include an additional off-street space. Adding an additional off-street parking space requires the addition of a retaining wall to allow for shifting the ADA space and landing area north by 10 feet. This would leave a steeper upslope into the park, which could be mitigated with concrete steps. The benefits of adding concrete steps include easier access to the park and a decrease of the erosion to the slope, but the costs escalate to $349,050. On November 16,2017, the Parks and Recreation Commission reviewed the updated plans and project costs, heard public comments and, after discussion, unanimously approved the original proposal, including the three parking spaces (one ADA off-street and two parallel street parking spaces) and recommended the project be brought to the City Council. The Skyline Park would be a passive park in the City's parks system, allowing community members to enjoy a natural environment while also permitting off-leash dogs. Generally, passive recreation may be defined as a non-motorized activity that: 1. Offers constructive, restorative, and pleasurable human benefits and fosters appreciation and understanding of open space and its purpose 2. ls compatible with other passive recreation uses 3. Does not significantly impact natural, cultural, scientific, or agricultural values 4. Requires only minimal visitor facilities and services directly related to safety and minimizes passive recreation impacts Parks staff would maintain the park and continue to be diligent with poison oak and thistle control, assist PG&E to combat root groMh on the pipeline, and work with Central County Fire on fuel reduction. The Parks Division's increased presence will include site visits at least once a week for general maintenance. After evaluation, Community Development staff determined that this project is Categorically Exempt from review pursuant to the California Environmental Quality Act (CEOA), per Section 15304 of the CEQA Guidelines which consists of minor public or private alterations in the condition of land, water, and/or vegetation which do not involve removal of healthy, mature, scenic trees except for forestry or agricultural purposes. Community Development staff also noted that the parking option with either one or two off-street parking spaces is sufficient to comply with ADA requirements regardless of the addition of stairs to mitigate the upslope. The Skyline Park is currently an unfunded project in the City's Capital lmprovement Program. Should the City Council wish to advance this project, then funds will need to be appropriated, either from the City's unassigned fund balance or by delaying other ptanned park projects. Staff is seeking Council direction at this time on whether or not the Council is interested in moving foruard with the Skyline Park. Next Steos Discussion of Skyline Park April 16, 2018 FISCAL IMPACT The estimated cost for this project is $276,135 (Exhibit C). Additionally, an average of three hours per week will be required by Parks staff to perform general maintenance (mowing/trash). Exhibits: . Park Site Plan, Aerial View, April2,2018 o Park Site Plan, Street View, April2, 2018 o Project Cost, June 15,2017 iti:i -;z_- 7{s SEE ENLARGED PLAN OF CORE AREA Exhibit A EXISIINC TREE E SHRUBCSOPY 6' HIGH PERIMETER CHAIN{ITX FENCE SuatelnaHe rppro.ch: To he 6nont po6sible, tu site will remaln an rls nafuml rtal6 with @sional leMccaps maintenarco ahd 6 €liarce on the good dll ol lhe pail useB lo keep the perk in en atlEliv€ conditm This approsch dll create a uhique selting that will blend with th€ reighbohood and its b€utitul surosdjngs. kceibllity: Whib th pail Wl mdffiin it6 mral state and rclling lopography. @sibility is a bp priorily d is addr6sed with ec6lue pa*ing, an unloeding sr@ and pedestdan gate ec6s al lhe €nry. DESIGN OBJECTIVES Pct rrcedom 8nd aaf6t!^ The sib will h an offieesh park surcunded sift a 6fool high perimets iance, a &ubl6+nky gale system and a Elenng stalis. all ihtenftd to provid6 ld tk cmfod ard satety ol lh6 pds and hek M6rs/ visitc. MIO.LEVEL OVERLOO( WITH BENCAEA OP€il GRASS ACCESSIBLE PARKIiG -__:--. KY MUALE GATES EOR MAINTEf,ANCE ACCESS *-F-", \ PARK SITE PLAN UNDSCAPE P€OESTRIAil ACCESS GATE WTi OOUALE{NTRY GATE SYSTEM I - rIIJ 60,120' North SKYLINE BOULEVARD PARK, BURLINGAME, CA April 2, 20l8 t5'30' Prcprr€d for: Parks & Rccr€rllon Dcp.rtmont Cift of Burliurme, Cslifornia INE U L E V A R'O T Exhibit B SITE FEATURES ,9 reTE EASESEiI Acc68lble pailng (ADA @nttrmlng): TheE fftl h an a@ssible, En€iz6 patklng 6p&€ with udding aree hmdiately adiMl lo lhs F k qlry. Perim.br tBmlng: Th6 3fr6 illlprovb€ @ntdnmst wdh a &foot high cMinlink Fdret€r fre # gates. A Bhder. 4- f@t high chain-link teme will surcund lhe pe*ing a€a and peddi€n entry. . Watodng 3tation: A drinking fountain for pedestiahs and a pet bowl and jW frllor wlh potablo Mter will be provlded at lhe park 6n1ry. . VlBh Fidr .nd oting: Tm vH ovd@k area6 with b6nch $etlng wiil B providod Landscapa acM: Landseparu will b6 iBhlhd alory the Slqy'ire Bdldad pdimdd f€@ to pmvide sming tq the adjacst h@3 -d mbhborhood. a / 2t.i ooueu.eeriil-rmv - bvt^ dsi GRAOE CONCRETE CURA WILSg.@ FILL 2!6"HIGB COilC. F€TAINING WAff WTX 3'ilffVILEY GUIER PARXTNG SPACE$- lt"X 23" SIICTION at CORE AREA PLAN and SECTION at CORE AREA LANDING PLAN at CORE AREA Norrb T Scrl€: l/t" - llo"Sc.le: l/{" = l'-0' *; I I \,r, s accEsststE PARxrrG 90t (E) ffir*;;, SKYLINE BOULEVARD PARK, BURLINGAME, CA Preplred fon Psrl! & Rerertioo Deparlmctrl Cit) of Burlhgame, CrliforriaApril 2,20lt SKYLINE BOULEVARD DOG PARK ESTIMATE OF PROBABLE CONSTRUCTION COSTS Exhibit C Prepared by: John Cahalan, Landscape Architect6t9t2017 a. b. d. f. s. h. i. j k. t. m n. o. p. q. t. S. Mobilization/traffic control - 5% Remove fence & gates and debris Clearing, grubbing & off-haul Excavation & grading (balance) Concrete curb walls Concrete paving Concrete valley gutter Drain inlet, pipe and connection or daylight Asphalt paving (4"/6") Chain-link fence, 4 -6" high ChainJink gates, 4'-6" high Parking/bike lane striping Signage Chain-link perimeter fence - 6'-0" high Chain-link gates, 6'-0" high Water meter and connections Drinking fountain and connections Benches Soil prep., irrigation and planting Subtotal Contingency, 10% Total estimated construction costs: 5,600 sf 450 cy 275 tf 50 sf 175 sf 1 ,450 sf 150 rf 1,080 tf 1ea 4ea 3,800 sf allow allow $0.60 $35 $120 $10 $25 allow $8 $45 allow allow allow $60 allow allow allow $2,000 $10 $12,500 $7,500 $3,360 $15,750 $33,000 $5oo $4,375 $5,000 $1 1,600 $6,750 $4,000 $'10,000 $2,000 $64,800 $4,000 $12,000 $8,000 $8,000 $38,000 $251,135 $25,000 $276,135 Quantitv Unit Cost ltem Total SubtotalItem/Description STAFF REPORT AGENDA NO: 10e MEETING DATE: April 16,2018 To: Honorable Mayor and City Council Date: April 16,2018 From: Eric Wollman Police Chief - (650) 777'4123 Subject: Adoption of a Resolution Authorizing a Financial Contribution to the Citizens of San Mateo Countv Gun Buvback Proqram RECOMMENDATION Staff recommends that the City Council adopt a resolution approving a one-time donation to Citizens for a San Mateo County Gun Buyback in order to support an upcoming gun buyback event. BACKGROUND Citizens for a San Mateo County Gun Buyback has been working since late February to raise funds for a gun buyback event. They recently contacted the City Council to request a financial contribution from Burlingame. DISCU SSION Gun buyback programs can be an effective way to take unwanted guns out of the public's hands. ln late February, Citizens for a San Mateo County Gun Buyback approached San Mateo County Sheriff Carlos Bolanos asking that he conduct a gun buyback event, similar to a past event held in San Mateo County in 2013, as well as other events held all over the country. Sheriff Bolanos agreed to manage the gun buyback event, including staffing the event and disposing of the guns collected. The Sheriff estimates that it will cost $75,000 to put on the event, which will be held on May 5 at the San Mateo County Fairgrounds. According to the Sheriff and Citizens for a San lt/lateo County Gun Buyback, 100 percent of the donated funds will be used to purchase the unwanted guns from citizens. None of the funds will be used for personnel expenses such as overtime. As a way to raise funds, Citizens for a San Mateo County Gun Buyback has approached the various City Councils in San Mateo County asking for a minimum donation of $5,000 to help support the event. As of March 20, the City of San Carlos is contributing $50,000 in matching grant funds. The Town of Portola Valley and the Town of Woodside are contributing $10,000, plus they have both established $5,000 matching grant funds specifically for the fundraising efforts by students in their towns. The Cities of Belmont, Redwood City, and San Mateo are contributing $5,000 each. FISCAL IMPACT Unknown at this time. Exhibit: . Resolution 1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME AUTHORIZING A FINANCIAL CONTRIBUTION TO THE SAN MATEO COUNTY GUN BUYBACK PROGRAM WHEREAS, gun buyback programs can be an effective way to take unwanted guns out of the public's hands; and WHEREAS, in February, the Citizens for a San Mateo County Gun Buyback requested that Sheriff Bolanos and his team conduct a countywide gun buyback event; and WHEREAS, Sheriff Bolanos has agreed to manage the event, including staffing the event and disposing of any guns collected, and an estimated cost of $75,000; and WHEREAS, '100% of any funds donated toward this event, which will be held on May 5 at the San Mateo County Fairgrounds, will be used to purchase the unwanted guns from citizens; none of the funds will be used for personnel expenses such as overtime; and WHEREAS, the Citizens for a San Mateo County Gun Buyback recently requested that the City of Burlingame join with other neighboring jurisdictions, including Belmont, Portola Valley, Redwood City, San Carlos, San lvlateo, and Woodside in contributing funding for this event. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BURLINGAME RESOLVES AND ORDERS AS FOLLOWS: That the City Council hereby authorizes a financial contribution in the amount of $5000 or such amount as amended by verbal motion to the San Mateo County Gun Buyback program. Michael Brownrigg, Mayor l, Meaghan Hassel-Shearer, City Clerk of the City of Burlingame, do hereby certify that the foregoing Resolution was introduced at a regular meeting of the City Council held on the 16th day of April, 2018 and was adopted thereafter by the following vote: AYES: NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: l/eaghan Hassel-Shearer, City Clerk RESOLUTION NO. Memorandum To:City Council Date: Apri! 16, 2018 From: Vice Mayor Donna Colson Subject: CommitteeReport AGENDA NO: 't1a MEETING DATE: April 16,2018 Monday. April9 - PCE Executive Committee Meeting 1. Several new hires - procurement area 2. New rates took effect on March 15 and we are maintaining our 5%o discount on generation rates, but the baseline amount is increasingTo/o per year. 3. No real formal or LT market and there is one firm called Level 10 that is trying to do this, but right now there is only a bi-lateral and opaque market. Working on creating a secondary market, but that has not formally developed as of yet. The focus is on the ST market only and that drives down the value of the energy - proposal is to move to a longer-term market for trading energy contacts. |oe and the team are keeping up on this work. 4. Interim CFO - VP Finance/Administration - 2 days a week or so...complete the employee handbooh additional financial policies including IT security review and help define the permanent position. VP of Finance and Administration - is the title of this organization. Recruiter and Interim CFO to be retained by Friday. Tuesday. April 10 - Chamber of Commerce Lunch Working to increase membership. The "big" stores really don't participate in the Chamber type memberships. Farmer's Market running well and ahead on the groups doing Wednesday. April 11 - Home ForAll Finance Workgroup Awards for Federal Funding NOFA - 3 projects, one is rehab 36 units at HIPP in RWC, Mid-Penn Bradford Senior project 117 RWC, Cypress Point 70 units Moss Beach. HUD Budget got bumped up in several place due to bipartisan appropriations - increase about 10%0. Also, tax-credit change in bill allows tax-credit to finance up to B0% with average to 600/o and was part of tax reform package. This can allow us to bump up the projects allocations. Mental Health Association project in RWC - Near complete. Mercy veterans project in Colma is doing a ground breaking next week. Technical assistance on Impact Fees - f une 6 AM event, joint HFA and 2l Elements targeted to really City Managers, Planning Staff and City Council with interest in this at HFA. a a a 1 a Colson Committee Repoft April 16,2018 Local policy tracker re-vamp. Needs annual update with 21 elements and will coordinate with legislative work-group. This will be revised and enhanced soon. Funding Work Plan - o Focus on impact fees and technical assistance o HEART - Waiting to go to cities and pool idle impact fees bc of the housing bond on ballot. o School Districts to on providing land for workforce housing and development. Having to work with the State on this...have to change the law to see if schools can meet this challenge. o Second unit home loan program. o Coordinate with foundations and large employers to encourage philanthropic investments in housing o Work in RHNA credit number revisions - o Track state legislation to provide housing o Track Measure K pipeline and use of Measure K, other sources of funds Home For All Steering Committee - Thursday. April 12. 2018 . Discussion of CASA - housing protection, preservation and discussion. A similar group working on housing around Bay Area and considering inviting them to our meeting. MTC discussion into the housing arena and TOD - County did start with $10mm allocated to housing preservation. CASA does report back to MTC, but the day-to-day, not as much. Headed to a discussion around getting these stakeholders to agree to this work. This is actually the challenge bc even if agree, no real way to translate into action. . Goal to add t6,4LB total county units by 2022. . Land, funding, and community support for housing are the three objectives. . Reached over 400 people at our workshops and the people are really supportive and getting positive feedback. . Launched City Pilot projects. We have had three events - had over 100 people attend around housing impact fees. Significant percentage have never attended such an event before. . Learning Network - every other month to share information about housing. Key component is report backs from city pilot programs. . Two books - second unit inspiration book and how to build a second unit in San Mateo County. Starting to Measure Impact . HIPP Housing - Councils are very interested in housing and they are understanding and looking or solutions. . More understanding about impact fees and inclusionary zoning. . How do we measure this? Starting to gather data and looking to see what new legislation is being considered. . Counting number of new affordable units in the county . Impact of new approaches to community engagement a a Thinking Ahead 2 Colson Committee Report April 16, 2018 . HEART did an analysis and there are about $100 mm in housing funds and they are not being invested. It is a problem because some of the issue is just how do we get this in the market place. Working to see if we can get a RHNA cross county allocation system to help get these funds invested. Informational meeting on fune 6th regarding investing housing fees.. Land, funding and community engagement top priorities going forward.. Steering Committee endorsed the top priorities as outlined in the three defined areas. Conversation around traffic and parking - need to raise the issue up on terms of conversation. . Next meeting is May l-0 and we will establish a meeting schedule going forward. Sunday April 8. 2018 Side Note - Interesting Visit to the Tenement Housing Museum in New York City at National Trust for Historic Preservation Property 97 Orchard Street Lower East Side I just note this visit and highly recommend getting tickets to do this tour if you are in NYC - it is a great conversation about the challenges around housing and immigration that took place in NYC from 1850 to 1950. A fabulous look at diversity and ethnic integration over generations and how housing regulation impacted housing offerings over time. There are about five different tours, both internal to the site and neighborhood and it really gives one the sense that we are struggling with similar problems - economic development, diversity, housing density, transit, etc - 100 years later. 250,000 Visitors per year. 3 Memorandum To:City Council Date: April 16,2018 From: Gouncilmember Emily Beach Subject: GommitteeReport AGENDA NO: 1'1b MEETING DATE: April 16, 2018 Sustainable San Mateo Countv Awards Dinner. Thursday. 3/28 Inspiring event. Congratulations to Peninsula Clean Energy Board Members (including Vice Mayor Colson!) on PCE's award for sustainability contributions within our county. County-wide Sea Level Rise Meeting hosted by C/CAG and Supervisor Dave Pine. Fridav.3l29. Key learnings: o Regional collaboration to address the Sea Level rise will be critical in the months/years ahead o May require a new regional structure (e.g. future San Mateo County Water Joint Powers Authoriry) to for two primary reasons: o create a regional entity/agency to receive federal funding, share costs, and advocate effectively fo r state/federal fundi ng o develop regional plan to address the issue, mother nature does not recognize city boundaries . 0ne guest speaker highlighted importance of imrpoved weather prediction capability so cities can adequately prepare for storm surges. Currently meteorologists can predict weather with the following accuracy: o 7 daysout,Tjo/o accuracy o 14 days out, only 7o/o accuracy - this must be improved o County taking significant action, in large part due to Supervisor Dave Pine's leadership: o County co-sponsoring projects with local cities; currently investing $6 million for mitigation efforts in most most vulnerable areas: SSF, Colma, Redwod City, Belmont Creek a 1 Beach Committee Report April 16, 2018 o Detialed County-wide vulnerability assessment complete; document will help local/regional mitigation planning and provide templates to address sea level rise consistently throughout the county. o Visit http://seachangesmc.com to learn more Public Art Committee. Wednesday.4/4.4-B PM: observed artist interviews by Public Art Committee Members: committee status report: o Fung Collaborative consultants culled through 1B RFQ applications from artists around the country and the world; narrowed down to 7 . 3/28/18: Public Art Committee considered 7 candidates; invited to 3 to interview o 4/5/tB: Public Art Committee interviewed 3 candidates (45 minute interviews each) to discuss request for proposals: Michael Stutz, Kate Dodd, |ohn Roloff o Committee members throughly debated merits of each interviewee and selected two artists to advance into RFP stage: Stutz/Dinh and fohn Roloff. Note Beach/Brownrigg did not participate in the discussion or vote, only citizen committee members. Final artist proposals due in 5 weeks. Committee will reconvene the week of fune 4tr to review proposals and make an artist recommendation. San Mateo County Transportation Authority Board of Directors Meeting. Thursday. o Reviewed TA shuttle call for project funding recommendations; 3 of 4 Burlingame proposals made draft funding list. Also received a program update on Caltrain Modernization. o TA seeking Citizens Advisory Committee members; 1 vacant seat, 3 members have terms that expire. Deadline for applications is May 4,2018. Beach/Medina will interview and make recommendation to TA Board, Candidates can learn more at: http : //www.smcta.com / about / cac.html El Camino Real Task Force follow-up meeting with City Manager. Public Works. Director. and Mayor Brownrigg. Monday.4/9: o Discussed current progress and next steps to memorialize (in writing) ECR Task Force/Council vision with Caltrans lls 2 Beach Committee Report April 16, 2018 League of California Cities webinar in preparation for upcoming Legislative Action Dav in Sacramento: Major highlight: Scott Weiner's SB 827 has been amended in committee. Although it is less aggressive than original bill, it still significantly limits our city's ability to shape development around transit. Two important recent changes to this bill: Height restrictions: SB 827 still exempts housing projects from locally developed and adopted height limitations, densities, parking requirements, and design review standards, but recent amendments relax originally proposed height requirements. Currently: buildings up to 55'tall are automatically permitted in the firstt/+ mile of fixed transit and 45' in the second 7/+ mile around fixed transit station. Fixed transit stations are defined as rail and ferry stations. Previously SB 827 proposed up to 105' height. No longer automatic building height increase around qualifying bus stations. However, parking requirements and density restrictions are still relaxed in these areas - see next bullet for more information. Parking minimums and free transit passes: No parking required within Y+mile of rail or ferry station; however, a city may enforce up to y2 space per residential unit outside of the first quarter mile or rail, transit, or around bus stops. Developers must provide recurring monthly transit passes to all residents at no cost. Senior Listening Session with Councilmembers Ortiz & Beach. Wednesday.4/11/2018 o Excellent discussion with approximately 15-20 seniors o Staff will post notes on website here: https : //www.burlingame.org/parksandrec/pro grams/seni ors.php . Major concerns for seniors: affordability and affordable housing units for seniors, development/growth concerns, sufficient parking. We discussed how changes/development downtown is happening in accordance with our Downtown Specific Plan, and the thinking behind density/height near transit stations. o Cheryl Fama from Peninsula Health Care district attended. Confirmed PHCD's vision for Peninsula Wellness Community includes 15olo below market rate apartments in future 300 senior apartments, per PHCD's RFP to developers. o Conversations with residents after the meeting surfaced three additional suggestions: o Questionnaire to Burlingame seniors about what types of programming they'd like to have at the Recreation/Community Center o Desire for dedicated senior space at new Community Center - when not programmed for senior activities, maintain as open/drop-in lounge for community gathering space dedicated for seniors o a 3 Beach Committee Report April 16, 2018 o HIP housing as future presenter at Senior Listening Session Attended League of California Cities Environmental Policy Committee Meeting in Pamona. CA. Wednesday. 4/11 o Underway at time of this report 4