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HomeMy WebLinkAboutAgenda Packet - CC - 2022.02.22 Regular MeetingCity of Burlingame BURLINGAME F, Meeting Agenda - Final City Council Tuesday, February 22, 2022 7:00 PM Regular Meeting BURLINGAME CITY HALL 501 PRIMROSE ROAD BURLINGAME, CA 94010 On September 16, 2021, Governor Newsom signed into law AB 361 which allows a local agency to meet remotely when: The local agency holds a meeting during a declared state of emergency 2. State or local health officials have imposed or recommended measures to promote social distancing 3. Legislative bodies declare the need to meet remotely due to present imminent risks to the health or safety of attendees On January 18, 2022, the City Council adopted Resolution Number 007-2022 stating that the City Council and Commissions will continue to meet remotely for at least thirty days for the following reasons: 1. There is still a declared state of emergency 2. County Health Orders require that all unvaccinated individuals in public spaces maintain social distancing and wear masks 3. The City can't maintain social distancing requirements for the public, staff, Councilmembers, and Commissioners, in their meeting spaces Pursuant to Resolution Number 007-2022, the City Council Chambers will not be open to the public for the February 22, 2022 Regular Meeting. Members of the public may view the meeting by logging into the Zoom Webinar listed below. Additionally, the meeting will be streamed live on YouTube and uploaded to the City's website after the meeting. Members of the public may provide written comments by email to publiccomment@burlingame.org. Emailed comments should include the specific agenda item on which you are commenting. Note that your comment concerns an item that is not on the agenda. The length of the emailed comment should be commensurate with the three minutes customarily allowed for verbal comments, which is approximately 250-300 words. To ensure that your comment is received and read to the City Council for the appropriate agenda item, please submit your email no later than 5:00 p.m. on February 22, 2022. The City will make every effort to read emails received after that time, but cannot guarantee such emails will be read into the record. Any emails received after the 5:00 p.m. deadline which are not read into the record, will be provided to the City Council after the meeting. Online City of Burlingame Page 1 Printed on 211712022 City Council Meeting Agenda - Final February 22, 2022 1. CALL TO ORDER - 7:00 p.m. - Online To access the meeting by computer: Go to www.zoom.us/join Meeting ID: 851 4585 6188 Passcode:992653 To access the meeting by phone: Dial 1-669-900-6833 Meeting ID: 851 4585 6188 Passcode:992653 2. PLEDGE OF ALLEGIANCE TO THE FLAG 3. ROLL CALL 4. REPORT OUT FROM CLOSED SESSION 5. UPCOMING EVENTS 6. PRESENTATIONS a. PG&E Update 7. PUBLIC COMMENTS, NON -AGENDA Members of the public may speak about any item not on the agenda. Members of the public wishing to suggest an item for a future Council agenda may do so during this public comment period. The Ralph M. Brown Act (the State local agency open meeting law) prohibits the City Council from acting on any matter that is not on the agenda. 8. APPROVAL OF CONSENT CALENDAR Consent calendar items are usually approved in a single motion, unless pulled for separate discussion. Any member of the public wishing to comment on an item listed here may do so by submitting a speaker slip for that item in advance of the Council's consideration of the consent calendar. a. Approval of City Council Meeting Minutes for the January 29, 2022 Goal Setting Session Attachments: Meeting Minutes City of Burlingame Page 2 Printed on 211712022 City Council Meeting Agenda - Final February 22, 2022 b. Adoption of a Resolution to Continue Conductina Citv Council and Commission Meetinas Remotely Due to Health and Safety Concerns for the Public Attachments: Staff Report Resolution Governor's Executive Order N-29-20 Governor's Executive Order N-08-21 AB 361 C. Adoption of a Resolution Accepting the Police Department Jail Interior Remodel Southwest Construction & Property Management, City Project No. 85370/85470 Attachments: Staff Report Resolution Final Progress Payment Protect Location Map d. Approval of Quarterly Investment Report, Period Ending December 31, 2021 Attachments: Staff Report Portfolio Holdings as of December 31, 2021 CERBT Strategy 2 Fund Facts for December 31, 2021 CERBT Quarterly Statement for December 31, 2021 PARS Monthly Statement for December 31, 2021 e. Approval of Councilmember O'Brien's Out -of -State Travel to Attend the American S on Aging Annual Conference Attachments: Staff Report 9. PUBLIC HEARINGS (Public Comment) 10. STAFF REPORTS AND COMMUNICATIONS (Public Comment) a. Adoption of a Resolution Establishing the City of Burlingame's Outdoor Flagpole Dis Policy Attachments: Staff Report Resolution b. Automated License Plate Reader (ALPR) Discussion Attachments: Staff Report Staff Report from January 18, 2022 11. COUNCIL COMMITTEE AND ACTIVITIES REPORTS AND ANNOUNCEMENTS Councilmembers report on committees and activities and make announcements. City of Burlingame Page 3 Printed on 211712022 City Council Meeting Agenda - Final February 22, 2022 12. FUTURE AGENDA ITEMS 13. ACKNOWLEDGMENTS The agendas, packets, and meeting minutes Commission, Beautification Commission, Parks Trustees are available online at www.burlingame.org. 14. ADJOURNMENT for the Planning Commission, Traffic, Safety & Parking & Recreation Commission, and the Library Board of Notice: Any attendees who require assistance, a disability related modification, or language assistance in order to participate in the meeting should contact Meaghan Hassel -Shearer, City Clerk by 10:00 a.m. on Tuesday, February 22, 2022 at (650) 558-7203 or at mhasselshearer@burlingame.org. Any individuals who wishes to request an alternative format for the agenda, meeting notice, or other writings that may be distributed at the meeting should contact Meaghan Hassel -Shearer, City Clerk by 10:00 a.m. on Tuesday, February 22, 2022 at (650) 558-7203 or at mhasselshearer@burlingame.org. NEXT CITY COUNCIL MEETING Regular City Council Meeting Monday, March 7, 2022 at 7:00 p.m. VIEW REGULAR COUNCIL MEETING ONLINE www.burlingame.org/video Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection via www.burlingame.org or by emailing City Clerk Meaghan Hassel -Shearer at mhasselshearer@burlingame.org. If you are unable to obtain information via the City's website or through email, contact the City Clerk at (650) 558-7203. City of Burlingame Page 4 Printed on 211712022 Agenda Item 8a Meeting Date: 02/22/2022 CITY 0 BURYNGAME h o.q mob q `Mat NE® BURLINGAME CITY COUNCIL Unapproved Minutes Goal Setting Session on January 29, 2022 1. CALL TO ORDER A duly noticed meeting of the Burlingame City Council was held on the above date via Zoom Webinar at 9:01 a.m. 2. ROLL CALL MEMBERS PRESENT: Beach, Brownrigg, Colson, O'Brien Keighran, Ortiz MEMBERS ABSENT: None 3. PUBLIC COMMENTS Planning Commissioner Jennifer Pfaff stated that she would like the City to look into the illegal removal of trees on private properties. TSPC Chair John Martos explained that the main concern TSPC hears about from the public is in regard to pedestrian safety. He asked that staff take this issue into consideration when new developments are approved. Manito Velasco asked staff to study where accidents are happening and develop a plan to make those intersections/streets safer. 4. CITY COUNCIL AND DEPARTMENT HEAD HIGHLIGHTS City Manager Goldman asked the Department Heads and City Council to state what they were most proud of that was accomplished in the prior year. Parks and Recreation Director Glomstad stated that she was proud of the resiliency of her team. She noted that due to COVID-19, her team continued to pivot and create new programs for the community, handled the winter storms, and introduced new software systems for the new Community Center. Burlingame City Council January 29, 2022 Unapproved Minutes Agenda Item 8a Meeting Date: 02/22/2022 City Clerk Hassel -Shearer stated that she was proud of the work that the City Clerk's Office did to transition to district elections. Additionally, she discussed the first-time voter website that BHS students Ella and Ava Giere were creating for the community. HR Director Morrison stated that she was proud of her staff s ability to keep up with the ever -changing COVID-19 protocols while still maintaining their day-to-day work. Finance Director Yu -Scott stated that she was proud of her staff for launching the new utility system. Additionally, she voiced appreciation for getting to join the City team this past year! CDD Gardiner stated that he was proud of the approval of the Zoning Code update. DPW Murtuza discussed the construction of the parking garage on Highland Avenue that will benefit the community for years to come. Police Chief Matteucci thanked his department for keeping the community safe and crime low while dealing with staff shortages. City Librarian McCulley discussed the efforts of his staff to ensure that the public had access to the Library during the pandemic. Fire Chief Barron voiced appreciation for the hard work of his team. City Attorney Guina stated that he is proud of the completion of the development agreement for the 220 Park Road Post Office Project. City Manager Goldman stated that she is very proud of the department head team and City staff. She discussed the hiring of both Finance Director Yu -Scott and City Attorney Guina. She noted that they fit in well and had quickly become assets to the City. Mayor Ortiz stated that he was proud of the outreach that was done for the transition to district elections. Vice Mayor Brownrigg stated that he was proud of the Police Department's efforts to keep the city safe and the Police Chief s work to change the culture from warrior to guardian. Councilmember Colson discussed the new neighborhood on North Rollins Road and the effort that was going into making sure it would accommodate growth while being green and friendly to all modes of transportation. 2 Burlingame City Council January 29, 2022 Unapproved Minutes Agenda Item 8a Meeting Date: 02/22/2022 Councilmember Beach highlighted the team effort to keep the Broadway Grade Separation project moving forward. She discussed the efforts to value -engineer the project in order to ensure it is well -positioned for federal funds. Councilmember O'Brien Keighran thanked Parks and Recreation Director Glomstad and City Librarian McCulley for working to make Burlingame an Age Friendly City. 5. CITY COUNCIL'S STRATEGIC PRIORITIES a. SUSTAINABILITY Sustainability Coordinator Michael stated that she created a survey for the City Council to take during the meeting. She noted that this survey would help her set up her sustainability priorities for the year. Each section of the survey focused on a different field and asked the Council to rate which goals they thought the City should pursue. The first section concerned electrification and had the following potential goals: • Provide incentives for electrifying existing homes, such as small rebates for purchasing electric heat pump appliances • Consider applying the building electrification reach code to kitchen renovations and appliance replacements • Expand the reach code to require electric appliances for cooking and fireplaces in new construction • Adopt a target year (such as 2045) for ending the use of methane in Burlingame • Set a target date (such as 2030) for Burlingame to be carbon neutral • Commit to replacing gas appliances at the end of their life with electric options in municipal facilities when feasible The second section of the survey concerned e-mobility and had the following potential goals: • Consider e-scooter sharing program in Burlingame • Purchase e-bikes for staff use Ms. Michael noted that a study session was being scheduled to discuss e-mobility. The third section of the survey concerned electric vehicles and had the following potential goals: • Obtain grants for more public EV charging stations • Offer small grants for multi -family EV charging stations such as $100 per unit • Explore the use and purchase of EVs for police cars The fourth section of the survey concerned landscaping and had the following potential goals: Burlingame City Council January 29, 2022 Unapproved Minutes Agenda Item 8a Meeting Date: 02/22/2022 • Provide incentives for commercial landscapers to convert to electric blowers, such as $500 per unit (similar to City of San Mateo's leaf blower rebate program). She noted that beginning in 2024, California will prohibit the sale of gas leaf blowers. • Enroll in BAWSCA's "Lawn Be Gone" program or offer a similar incentive to switch out lawns to less water -intensive uses • Strongly encourage gray water usage in homes through policy or incentives The fifth section of the survey concerned SB 1383 and had the following potential goals: • Conduct outreach to multi -family buildings to enroll in composting • Provide funding for a pilot program to provide composting bins in public areas such as downtown and high -usage parks The sixth section of the survey concerned the City's Disposable Food -ware Ordinance and had the following potential goals: • Fund a pilot program to help restaurants purchase reusable or initial set of compostable food -ware • Participate in the Reusable San Mateo pilot program that encourages restaurants to use reusable food - ware Ms. Michael noted that the City's Disposable Food -ware Ordinance would not go into effect until October 2022 due to the COVID-19 pandemic. The Council filled out the survey. Ms. Michael reviewed the goals that the Council was interested in pursuing: • Electrification - Provide incentives for electrifying existing homes, such as small rebates for purchasing electric heat pump appliances • Electrification — Set a target date (such as 2030) for Burlingame to be carbon neutral • Electrification - Commit to replacing gas appliances at the end of life with electric options in municipal facilities when feasible • E-mobility — potential support for an e-scooter program and support for e-bikes for staff use • Electric Vehicles - Obtain grants for more public EV charging stations • Electric Vehicles - Offer small grants for multi -family EV charging stations such as $100 per unit • Electric Vehicles - Explore use and purchase of EVs for police cars • Landscaping — Provide incentives for commercial landscapers to convert to electric blowers • Landscaping - Enroll in BAWSCA's "Lawn Be Gone" program or offer a similar incentive to switch out lawns to less water -intensive uses • SB 1383 —marketing to multi -family buildings and composting bins • Disposable Food -ware Ordinance — participate in Reusable San Mateo pilot program 4 Burlingame City Council January 29, 2022 Unapproved Minutes Agenda Item 8a Meeting Date: 02/22/2022 Mayor Ortiz asked that staff undertake public outreach to educate the public about the locations of EV charging stations in the city. Ms. Michael replied in the affirmative. Councilmember Beach discussed having the City create a Vision Zero Policy that would have effects on sustainability and transportation. Ms. Michael thanked the Council for participating in the survey. Mayor Ortiz opened the item up for public comment. Amy stated that she would like to see air quality improved in the City by banning woodfire burning stoves and gas -powered leaf blowers. (comment submitted via publiccomment(d),burlin ag me.org). David Harris voiced support for encouraging gardeners to switch from gas -powered to electric leaf blowers. (comment submitted via publiccomment&burlin ag me.org). Mayor Ortiz closed public comment. Councilmember Colson stated that it might be easier to incentivize homeowners to buy electric leaf blowers versus an incentive program for gardeners. Ms. Michael stated that the City of San Mateo had undertaken a similar program and she would look into it further. The Council thanked Ms. Michael for her work. b. TRANSPORTATION DPW Murtuza stated that staff has been focusing on high -priority projects identified in the Bike/Pedestrian Master Plan. He noted that the top priority project was the California Drive Bicycle Facility. He explained that the project includes creating a Class IV bicycle lane from Broadway to Oak Grove. He added that the City received $800,000 in grant funding and that construction would begin in the summer. DPW Murtuza stated that another high priority project is the Burlingame Avenue Train Station Pedestrian Improvements. He explained that the City secured $600,000 in grant funding, and construction will begin in the summer. DPW Murtuza discussed the Neighborhood Bike Boulevard project. He explained that this project creates alternative routes for bicyclists and is currently in the design phase. DPW Murtuza noted that staff submitted several grant applications for constructing buffered bike lanes on Trousdale, Murchison, and Davis Drive. He added that these projects are more or less shovel ready if the City receives funds. 5 Burlingame City Council January 29, 2022 Unapproved Minutes Agenda Item 8a Meeting Date: 02/22/2022 DPW Murtuza stated that staff has several bike safety projects that would address the concerns that TSPC Chair Martos raised during public comment. He noted that these projects will be funded by MTC and are near schools and parks. He stated that the projects include installing high visibility crosswalks and bulb outs. DPW Murtuza asked Council if there are any other projects that they would like staff to focus on. Councilmember O'Brien Keighran asked about the crosswalk on El Camino Real and Bellevue. DPW Murtuza stated that Caltrans plans to install a high visibility crosswalk. Vice Mayor Brownrigg asked about creating a more robust shuttle system. He discussed the development on the Bayfront. He noted that the shuttle could be utilized for both the Bayfront and expanded into neighborhoods to assist senior citizens. DPW Murtuza stated that he would look into it. Councilmember Beach stated that she would like to see the City invest in a Vision Zero Policy. She explained that a Vision Zero Policy is a commitment the Council could make to eliminate all traffic fatalities and severe injuries. She noted that it started in Europe in the 1990s, and it has proven to be successful. She added that Daly City and South San Francisco both established similar policies. She explained that it is a data -driven approach that empowers staff to make recommendations that are uncompromising about safety for all modes of transportation. Vice Mayor Brownrigg stated that he concurred with Councilmember Beach about a Vision Zero Policy. However, he noted that he didn't want the policy to prevent housing because it would create more cars on the road. Councilmember Colson stated that prior to putting resources into a Vision Zero Policy, she would want to know the number of accidents and fatalities in the city. She noted that she didn't want to put a lot of money into solving a problem that isn't a big problem for Burlingame. Councilmember O'Brien Keighran concurred with Councilmember Colson. She asked that Police Chief Matteucci look at where accidents occur and what the rate of accidents are in the city. Mayor Ortiz stated that striving for zero fatalities is a great goal. He explained that the Council would need to consider how much money to put towards the goal by determining how large of an issue it is in Burlingame. Mayor Ortiz opened the item up for public comment. Manito Velasco stated that he supported a Vision Zero Policy for the City. 6 Burlingame City Council January 29, 2022 Unapproved Minutes Agenda Item 8a Meeting Date: 02/22/2022 David Harris voiced concern about how drivers utilize the roundabout on California Drive. He asked that the City conduct further public outreach to educate the public on this matter. (comment submitted via publiccommentgburlin a�g). Mayor Ortiz closed public comment. Mayor Ortiz and Vice Mayor Brownrigg both stated that the roundabout on California Drive has made the area safer. City Manager Goldman stated that the City could do periodic outreach through the enewsletter and social media regarding how to use the roundabout. 6. BREAK The Council took a ten-minute break. 7. CITY COUNCIL'S STRATEGIC PRIORITIES a. HOUSING CDD Gardiner stated that housing has been a big priority for the City over the past few years. He explained that the City keeps track of housing residential applications on a monthly basis. He noted that this can be found on www.burlin _ ag me.org. CDD Gardiner stated that as of January 2022, the City has 1,918 units that are entitled. He explained that 308 of those units are below market rate with the following breakdown: • 82 very low income (50% AMI) • 130 low income (80% AMI) • 96 moderate income (120% AMI) He added that there are 751 units under review, including 57 below market rate units. CDD Gardiner discussed the fact that only 57 out of the 751 units are below market rate. He noted that the City requires 10% be affordable. However, he explained that there were recent changes to the State density bonus law. He stated that there has been clarification that the affordable requirement is taken off of the base density. For example, on Rollins Road, the City has a base density of 70 units per acre. The State law takes 10% of the 70 units and applies a bonus on top of that. The affordable unit percentage is only taken out of the base and not the bonus. He noted that the City might want to look into this and change the calculation. CDD Gardiner stated that the next big project for the Community Development Department is the Housing Element update. He explained that Council must adopt it by the end of 2022. He added that Burlingame is 7 Burlingame City Council January 29, 2022 Unapproved Minutes Agenda Item 8a Meeting Date: 02/22/2022 in an enviable position because through the General Plan update, staff found enough zoning districts to accommodate the numbers that the State is asking the City to accommodate. CDD Gardiner discussed the community engagement that staff will undertake as part of the Housing Element update: • Stakeholder interviews in February 2022 • Annual Progress Report is scheduled for the March 7, 2022 Council Meeting • First Community Meeting in March • Pop Up Events in March and April • Second Community Meeting in April • Annual Joint City Council and Planning Commission Meeting on April 24, 2022 CDD Gardiner stated that the public can visit www.burlin ag me.or /hg ousingelement to find out more. Vice Mayor Brownrigg stated that he is incredibly proud of the work that the Planning Department undertook to ensure that the City is open to individuals of all economic levels. He explained that he doesn't believe there is a tension between building market rate and affordable because all housing is important on the Peninsula. However, he stated that there is a need for affordable housing, and he wants to see more built. He added that he thought the Council should revisit the 10% affordable rule in light of the State density bonus. Councilmember Colson stated that she thought the public engagement on the housing element would be a great way to educate the public on what the City has planned for housing. She discussed SB 9 and how single-family home lots could be split into four lots. Councilmember O'Brien Keighran asked if ADUs are counted into the residential application numbers. CDD Gardiner replied in the affirmative. Councilmember O'Brien Keighran asked if there is a breakdown of how the ADUs are utilized. CDD Gardiner stated that 21 Elements has conducted studies on how ADUs are utilized. He added that he would get this information to Council. Councilmember O'Brien Keighran stated that she thought the affordable unit calculation was 10% of the total and not of the base units. CDD Gardiner stated that going forward the City could raise the percentage above 10% to get more affordable units. He added that the calculation could be different for projects that are utilizing the bonus versus those that are not. Councilmember Beach stated that she's proud of the City's work to create housing and affordable units. She echoed Vice Mayor Brownrigg and Councilmember O'Brien Keighran's point about increasing affordability by tinkering with the calculation. 8 Burlingame City Council January 29, 2022 Unapproved Minutes Agenda Item 8a Meeting Date: 02/22/2022 Mayor Ortiz stated that he thought the stakeholders that CDD Gardiner should reach out to for the Housing Element update were teachers and City staff. Councilmember Colson suggested reaching out to churches and religious organizations. She added that the City should also reach out to Peninsula Healthcare District. Councilmember Beach suggested Housing For all Burlingame and service workers in the downtown area. Councilmember O'Brien Keighran suggested City staffers. Mayor Ortiz opened the item up for public comment. Planning Commissioner Jennifer Pfaff asked if the City could create a "RHINA for dummies" sheet. Mayor Ortiz closed public comment. Vice Mayor Brownrigg stated that he thought the City's housing element should include preservation of existing affordable units. b. INFRASTRUCTURE DPW Murtuza stated that his department has been busy working on various infrastructure projects including storm drains, wastewater, and sea level rise. However, he stated that for this section he would be focusing on the Broadway Grade Separation Project. He noted that this was the most dangerous train crossing intersection in California. He explained that the City has been working with Caltrain on this project, and the project is now at final design. DPW Murtuza stated that the scope of the Broadway Grade Separation includes separating the road from the railroad tracks, creating a new train station, and adding multiple east -west crosswalks for bicycles and pedestrians. He explained that the project also involves realigning the train station entrance at Carmelita on California Drive to make it easier for the all modes of transportation. DPW Murtuza stated that the overall cost of the project is estimated at $328 million. He noted that the City received approximately $27 million in Measure A funds. He explained that the City is working tirelessly with consultants to obtain federal funds. DPW Murtuza stated that staff have value -engineered the project. He explained that staff identified a number of options to save money. He noted that by not lowering the roadway, the City will not only save a large amount of money, but it will also save six months of construction time. 9 Burlingame City Council January 29, 2022 Unapproved Minutes Agenda Item 8a Meeting Date: 02/22/2022 Mayor Ortiz stated that the lesson he has learned from the Broadway Grade Separation project is that it takes a long time to get these large projects going. Therefore, if the City wants to undertake other projects, Council should start talking about it now. Councilmember O'Brien Keighran stated that part of why this project is being delayed is because the City can't obtain State and Federal grants for this project. She asked how high up the track will be under the new design. DPW Murtuza stated that the clearance is about 16.5 feet. Vice Mayor Brownrigg stated that this was the City's most expensive infrastructure project. He asked how close to fully funded would the project need to be prior to breaking ground. DPW Murtuza stated that the Federal grant requires a funding agreement where each agency makes a commitment. He stated that in this case it would be the City of Burlingame, Transportation Authority, California Public Utilities Commission, and the Federal government. He noted that staff is also hoping to receive funding from the State and the MTC. Vice Mayor Brownrigg asked if most of the project would be funded by the Federal government. DPW Murtuza stated that this is the idea. Councilmember Beach stated that there was a placeholder from the County's Transportation Authority to assist the City with this project. She noted that the City might receive as much as $120 million in Measure A funds. Councilmember Colson discussed all the work that the previous Councils have put into this project. She explained that she thought the City had to think of a more holistic approach to obtain federal funding for this project. She stated that she thought that the entire Council needed to use their connections to assist in getting the funding. City Manager Goldman stated that there is a dedicated sub -committee to this issue consisting of Mayor Ortiz and Councilmember Beach. She explained that in regard to Councilmember Colson's suggestion that if someone is going to Washington DC, they should let staff know, so that a strategy could be created. She added that staff recently met with Senator Feinstein and Senator Padilla's staff to coordinate how to move the project forward. City Manager Goldman explained that one of the frustrations is that while the City has a good project, Burlingame is not a blighted community. Therefore, the City's project often doesn't meet the criteria necessary for many of the federal grants. Councilmember Beach stated that there hasn't been enough federal funding for grade separations across the country. She discussed the grade separation study that Caltrain is embarking on, which includes $10 billion worth of work. She stated that she thought a component of the project should be a regional approach and advocacy for the project. 10 Burlingame City Council January 29, 2022 Unapproved Minutes Agenda Item 8a Meeting Date: 02/22/2022 Councilmember O'Brien Keighran stated that she has a hard time understanding how other cities on the Peninsula have been able to get funding for their grade separations, but Burlingame has not been able to. Vice Mayor Brownrigg shifted topics. He discussed the rain storms in November and December. He asked DPW Murtuza if he saw any worrying spots that the City needed to invest in in order to avoid flooding. DPW Murtuza stated that the work the City has done over the last several years has helped to minimize localized flooding. He noted there were some locations where homeowners experienced flooding. DPW Murtuza discussed the work that the City will be undertaking with OneShoreline regarding sea level rise. Councilmember Colson stated that OneShoreline received $8 million in funding. She explained that $4 million would be utilized to work on an MOU between SFO, Millbrae, and Burlingame. She thanked CDD Gardiner for the design standards on the Bayfront. She noted that other cities are following Burlingame's lead. She stated that the MOU with OneShoreline will do an assessment of the Bayfront, create design build specifications for each parcel, and work on getting permits and approvals. Councilmember Beach left the meeting due to a previous engagement. Mayor Ortiz opened the item up for public comment. Planning Commissioner Jennifer Pfaff voiced concern that the Broadway Grade Separation would not have a depression at Broadway and instead would create a wall separating the east and west sides of town. DPW Murtuza stated that the height of the new bridge will not make much of a difference. He added that no changes would be needed at Oak Grove Avenue. Mayor Ortiz closed public comment. Councilmember Colson asked how DPW Murtuza felt about the overall funding for infrastructure in the City. DPW Murtuza stated that prior to COVID-19, the City was undertaking several infrastructure projects and setting aside funds for future projects. However, he noted that even with the pandemic, the City has been able to maintain funding for safety related projects. Vice Mayor Brownrigg asked staff to schedule a discussion on the water treatment facility and its future infrastructure needs. Mayor Ortiz stated that Council would need to discuss upgrades to City Hall at a later date. The Council thanked DPW Murtuza for his presentation. 11 Burlingame City Council January 29, 2022 Unapproved Minutes Agenda Item 8a Meeting Date: 02/22/2022 8. PUBLIC COMMENT No one spoke. 9. COUNCIL WRAP-UP AND NEXT STEPS City Manager Goldman thanked the Council for their discussion on the various topics. Mayor Ortiz thanked staff and his colleagues for their great work. 10. ADJOURNMENT Mayor Ortiz adjourned the meeting at 11:35 a.m. Respectfully submitted, Meaghan Hassel -Shearer City Clerk 12 Burlingame City Council January 29, 2022 Unapproved Minutes BURL- INGAME AGENDA NO: 8b STAFF REPORT MEETING DATE: February 22, 2022 To: Honorable Mayor and City Council Date: February 22, 2022 From: Meaghan Hassel -Shearer, City Clerk — (650) 558-7203 Subject: Adoption of a Resolution to Continue Conducting City Council and Commission Meetings Remotely Due to Health and Safety Concerns for the Public RECOMMENDATION Staff recommends that the City Council adopt a resolution to continue conducting the City's Council and Commission meetings remotely due to health and safety concerns for the public. BACKGROUND On March 4, 2020, Governor Newsom declared a State of Emergency to make additional resources available, formalize emergency actions already underway across multiple state agencies and departments, and help the State prepare for a broader spread of COVID 19. Thereafter, on March 16, 2020, the City Council adopted Resolution Number 033-2020 declaring a local emergency due to COVID-19. The resolution states that the COVID-19 pandemic is "likely to be beyond the control of the services, personnel and facilities of the City of Burlingame" and that a "proclamation of a Local Emergency is necessary to enable the City of Burlingame and other local government entities to adequately plan, prepare and preposition resources to be able to effectively respond to the threat". On March 17, 2020, in response to the COVID-19 pandemic, Governor Newsom issued Executive Order N-29-20, which suspended certain provisions of the Ralph M. Brown Act in order to allow local legislative bodies to conduct meetings telephonically or by other means. Additionally, the State implemented a shelter -in -place order, requiring all non -essential personnel to work from home. Staff quickly worked to set up Zoom meetings for all City Council and Commission meetings. The Zoom meetings have allowed the Council and Commissions to continue to conduct City business from the safety of members' homes. The City Council and Commissions have been utilizing Zoom for the past 18 months to conduct all meetings. The usage of Zoom for public meetings has allowed the City to ensure the public's continued access to government meetings while also ensuring the public's safety. 1 Application of AB 361 February 22, 2022 On June 11, 2021, Governor Newsom issued Executive Order N-08-21, which among other things, rescinded his prior Executive Order N-29-20 and set a date of October 1, 2021 for agencies to transition back to public meetings held in full compliance with the Brown Act. In preparation for the return to in -person meetings, staff has been working on acquiring audio and visual upgrades for the Council Chambers in order to conduct hybrid meetings. Although hybrid meetings will help to keep the public safe by allowing them to continue accessing the meetings from their own home, Councilmembers, Commissioners, and staff will need to meet in person. Since the Governor issued Executive Order N-08-21, the Delta variant emerged, causing a spike in cases throughout the state. As a result, the San Mateo County Health Department issued a Health Order requiring masks indoors in public places, regardless of vaccination status, starting August 3, 2021. On September 16, 2021, Governor Newsom signed into law AB 361. AB 361 allows local legislative bodies to meet remotely when: • The local agency holds a meeting during a proclaimed state of emergency; • State or local health officials have imposed or recommended measures to promote social distancing; • Legislative bodies declare that as a result of the proclaimed state of emergency that meeting in person would present imminent risks to the health or safety of attendees A "proclaimed state of emergency" refers to a gubernatorial state of emergency issued pursuant to the California Emergency Services Act, Government Code section 8625. On March 4, 2020, the Governor proclaimed a state of emergency pursuant to the California Emergency Services Act, and the proclamation remains in effect. At the September 20, 2021 Council meeting, staff requested that Council declare the need for the City Council and Commissions to continue to meet remotely in accordance with AB 361. Council adopted Resolution Number 116-2021, which allowed for the City's legislative bodies to continue to meet remotely for 30 days. Additionally, staff notified Council that in order to stay in compliance with AB 361, they would need to re-evaluate the need to meet remotely every 30 days and make findings that: A) the Council has reconsidered the circumstances of the state of emergency; and B) any of the following circumstances exist: a. The state of emergency continues to directly impact the ability of the members to meet safely in person; or b. State or local officials continue to impose recommended measures to promote social distancing On October 18, 2021, Council re-evaluated the need to meet remotely and found that the City continued to meet the requirements of AB 361 in order to hold remote meetings. Therefore, the Council adopted Resolution Number 128-2021, which allowed for the continuation of remote meetings for 30 days. 2 Application of AB 361 February 22, 2022 On November 15, 2021, the Council found that the City continued to meet the requirements of AB 361 and adopted Resolution Number 142-2021 to allow for another 30 days of remote meetings. The Council re -affirmed this need on December 20, 2021 with Resolution Number 153-2021 and on January 18, 2022 with Resolution Number 007-2022. In February 2022, the County and State announced that effective February 16, 2022, individuals who are fully vaccinated will not be required to wear masks in most indoor public settings. However, San Mateo County and the State have required that unvaccinated individuals over the age of two continue to wear masks in all indoor public settings. DISCUSSION The City continues to meet the requirements of AB 361 in order to hold remote meetings. This is because: • The Governor's proclamation for a state of emergency issued on March 4, 2020, remains in effect. • County Health orders require that unvaccinated individuals over the age of two continue to wear masks in all indoor public settings • The City cannot maintain social distancing requirements for the public, staff, Councilmembers, and Commissioners in their meeting spaces The City cannot ensure social distancing requirements are met inside Council Chambers where the City Council, Traffic, Safety & Parking Commission, and Planning Commission meet. Councilmembers and Commissioners sit well within six feet of each other and are directly above staff members. Similarly, the Beautification Commission, Parks & Recreation Commission, and Library Board of Trustees all hold their meetings in a small conference room, making it impossible for Commissioners, staff, and members of the public to socially distance from each other. Additionally, the County is requiring individuals who are not vaccinated to wear masks in public spaces. Therefore, in order to ensure that everyone has equal access to speak and attend City Council and Commission meetings, staff recommends continuing to meet remotely for another 30 days. FISCAL IMPACT There is no fiscal impact. Exhibits: • Resolution • Governor's Executive Order N-29-20 • Governor's Executive Order N-08-21 • AB 361 3 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME DECLARING THE NEED FOR THE CITY COUNCIL AND COMMISSIONS TO CONTINUE TO MEET REMOTELY IN ORDER TO ENSURE THE HEALTH AND SAFETY OF THE PUBLIC WHEREAS, on March 4, 2020, Governor Newsom proclaimed a State of Emergency to make additional resources available, formalize emergency actions already underway across multiple state agencies and departments, and help the State prepare for a broader spread of COVID-19, and the proclamation remains in effect; WHEREAS, on March 16, 2020, the City Council adopted Resolution Number 033-2020 declaring a local emergency due to COVID-19; and WHEREAS, on March 17, 2020, in response to the COVID-19 pandemic, Governor Newsom issued Executive Order N-29-20 suspending certain provisions of the Ralph M. Brown Act in order to allow local legislative bodies to conduct meetings telephonically or by other means; and WHEREAS, as a result of Executive Order N-29-20, staff set up Zoom meetings for all City Council and Commission meetings; and WHEREAS, on June 11, 2021, Governor Newsom issued Executive Order N-08-21, which placed an end date of September 30, 2021, for agencies to meet remotely; and WHEREAS, since issuing Executive Order N-08-21, the Delta variant has emerged, causing a spike in COVID-19 cases throughout the state; and WHEREAS, on August 3, 2021, in response to the Delta variant, the San Mateo County Health Department ordered all individuals to wear masks when inside public spaces and maintain social distancing; and WHEREAS, on September 16, 2021 Governor Newsom signed into law AB 361, which allows for local legislative bodies to meet remotely due to health and safety concerns for the public; and WHEREAS, on September 20, 2021, the City Council adopted Resolution Number 116- 2021 acknowledging the need to continue to meet remotely, and WHEREAS, on October 18, 2021, the City Council after re-evaluating the situation Council adopted Resolution Number 128-2021 acknowledging the need to continue to meet remotely, and WHEREAS, on November 15, 2021, the City Council reviewed the situation, and adopted Resolution Number 142-2021 acknowledging the continued need to meet remotely, and WHEREAS, on December 20, 2021, the City Council reviewed the situation, and adopted Resolution Number 153-2021 acknowledging the continued need to meet remotely, and WHEREAS, on January 18, 2022, the City Council reviewed the situation, and adopted Resolution Number 007-2022 acknowledging the continued need to meet remotely, and WHEREAS, in adherence with AB 361, the City Council must re-evaluate the need to meet remotely every 30 days; and WHEREAS, the City cannot maintain social distancing requirements for the public, staff, Councilmembers, and Commissioners in their respective meeting locations; and WHEREAS, the City is concerned about the health and safety of all individuals who intend to attend Council and Commission meetings NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BURLINGAME RESOLVES AS FOLLOWS: 1. In compliance with AB 361, and in order to continue to teleconference without the usual teleconference requirements of the Brown Act, the City Council makes the following findings: a. The City Council has reconsidered the circumstances of the Governor's proclaimed state of emergency; and b. The state of emergency remains in effect and continues to directly impact the ability of the City Council and its Commissions, as well as staff and members of the public, to meet safely in person; and c. San Mateo County Health requires all unvaccinated individuals over the age of two to wear masks and maintain social distancing; however, the City cannot maintain social distancing requirements for unvaccinated members of the public. 2. City Council and Commission meetings will continue to be conducted remotely for the next 30 days in compliance with AB 361, in order to better ensure the health and safety of the public. 3. The City Council will revisit the need to conduct meetings remotely within 30 days of the adoption of this resolution. Ricardo Ortiz, Mayor I, 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 22nd day of February, 2022, and was adopted thereafter by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: Meaghan Hassel -Shearer, City Clerk EXECUTIVE DEPARTMENT STATE OF CALIFORNIA EXECUTIVE ORDER N-29-20 WHEREAS on March 4, 2020, 1 proclaimed a State of Emergency to exist in California as a result of the threat of COVID-19, and WHEREAS despite sustained efforts, the virus continues to spread and is impacting nearly all sectors of California; and WHEREAS the threat of COVID-19 has resulted in serious and ongoing economic harms, in particular to some of the most vulnerable Californians; and WHEREAS time bound eligibility redeterminations are required for Medi- Cal, CalFresh, CalWORKs, Cash Assistance Program for Immigrants, California Food Assistance Program, and In Home Supportive Services beneficiaries to continue their benefits, in accordance with processes established by the Department of Social Services, the Department of Health Care Services, and the Federal Government; and WHEREAS social distancing recommendations or Orders as well as a statewide imperative for critical employees to focus on health needs may prevent Medi-Cal, CalFresh, CaIWORKs, Cash Assistance Program for Immigrants, California Food Assistance Program, and In Home Supportive Services beneficiaries from obtaining in -person eligibility redeterminations; and WHEREAS under the provisions of Government Code section 8571, 1 find that strict compliance with various statutes and regulations specified in this order would prevent, hinder, or delay appropriate actions to prevent and mitigate the effects of the COVID-19 pandemic. NOW, THEREFORE, I, GAVIN NEWSOM, Governor of the State of California, in accordance with the authority vested in me by the State Constitution and statutes of the State of California, and in particular, Government Code sections 8567 and 8571, do hereby issue the following order to become effective immediately: IT IS HEREBY ORDERED THAT: As to individuals currently eligible for benefits under Medi-Cal, CalFresh, CalWORKS, the Cash Assistance Program for Immigrants, the California Food Assistance Program, or In Home Supportive Services benefits, and to the extent necessary to allow such individuals to maintain eligibility for such benefits, any state law, including but not limited to California Code of Regulations, Title 22, section 50189(a) and Welfare and Institutions Code sections 18940 and 11265, that would require redetermination of such benefits is suspended for a period of 90 days from the date of this Order. This Order shall be construed to be consistent with applicable federal laws, including but not limited to Code of Federal Regulations, Title 42, section 435.912, subdivision (e), as interpreted by the Centers for Medicare and Medicaid Services (in guidance issued on January 30, 2018) to permit the extension of otherwise -applicable Medicaid time limits in emergency situations. 2. Through June 17, 2020, any month or partial month in which California Work Opportunity and Responsibility to Kids (Co[WORKs) aid or services are received pursuant to Welfare and institutions Code Section 11200 et seq. shall not be counted for purposes of the 48-month time limit set forth in Welfare an Institutions Code Section 11454. Any waiver of this time limit shall not be applied if it will exceed the federal time limits set forth in Code of Federal Regulations, Title 45, section 264.1. Paragraph 11 of Executive Order N-25-20 (March 12, 2020) is withdrawn and superseded by the following text: Notwithstanding any other provision of state or local law (including, but not limited to, the Bagley -Keene Act or the Brown Act), and subject to the notice and accessibility requirements set forth below, a local legislative body or state body is authorized to hold public meetings via teleconferencing and to make public meetings accessible telephonically or otherwise electronically to all members of the public seeking to observe and to address the local legislative body or state body. All requirements in both the Bagley -Keene Act and the Brown Act expressly or impliedly requiring the physical presence of members, the clerk or other personnel of the body, or of the public as a condition of participation in or quorum for a public meeting are hereby waived. In particular, any otherwise -applicable requirements that (i) state and local bodies notice each teleconference location from which a member will be participating in a public meeting; (ii) each teleconference location be accessible to the public; (iii) members of the public may address the body at each teleconference conference location; (iv) state and local bodies post agendas at all teleconference locations; (v) at least one member of the state body be physically present at the location specified in the notice of the meeting; and (vi) during teleconference meetings, a least a quorum of the members of the local body participate from locations within the boundaries of the territory over which the local body exercises jurisdiction are hereby suspended. A local legislative body or state body that holds a meeting via teleconferencing and allows members of the public to observe and address the meeting telephonically or otherwise electronically, consistent with the notice and accessibility requirements set forth below, shall have satisfied any requirement that the body allow members of the public to attend the meeting and offer public comment. Such a body need not make available any physical location from which members of the public may observe the meeting and offer public comment. Accessibility Requirements: If a local legislative body or state body holds a meeting via teleconferencing and allows members of the public to observe and address the meeting telephonically or otherwise electronically, the body shall also: (i) implement a procedure for receiving and swiftly resolving requests for reasonable modification or accommodation from individuals with disabilities, consistent with the Americans with Disabilities Act and resolving any doubt whatsoever in favor of accessibility; and (ii) Advertise that procedure each time notice is given of the means by which members of the public may observe the meeting and offer public comment, pursuant to subparagraph (ii) of the Notice Requirements below. Notice Requirements: Except to the extent this Order expressly provides otherwise, each local legislative body and state body shall: (i) Give advance notice of the time of, and post the agenda for, each public meeting according to the timeframes otherwise prescribed by the Bagley -Keene Act or the Brown Act, and using the means otherwise prescribed by the Bagley -Keene Act or the Brown Act, as applicable; and (ii) In each instance in which notice of the time of the meeting is otherwise given or the agenda for the meeting is otherwise posted, also give notice of the means by which members of the public may observe the meeting and offer public comment. As to any instance in which there is a change in such means of public observation and comment, or any instance prior to the issuance of this Order in which the time of the meeting has been noticed or the agenda for the meeting has been posted without also including notice of such means, a body may satisfy this requirement by advertising such means using "the most rapid means of communication available at the time" within the meaning of Government Code, section 54954, subdivision (e); this shall include, but need not be limited to, posting such means on the body's Internet website. All of the foregoing provisions concerning the conduct of public meetings shall apply only during the period in which state or local public health officials have imposed or recommended social distancing measures. All state and local bodies are urged to use sound discretion and to make reasonable efforts to adhere as closely as reasonably possible to the provisions of the Bagley -Keene Act and the Brown Act, and other applicable local laws regulating the conduct of public meetings, in order to maximize transparency and provide the public access to their meetings. IT IS FURTHER ORDERED that as soon as hereafter possible, this Order be filed in the Office of the Secretary of State and that widespread publicity and notice be given of this Order. This Order is not intended to, and does not, create any rights or benefits, substantive or procedural, enforceable at law or in equity, against the State of California, its agencies, departments, entities, officers, employees, or any other person. IN WITNESS WHEREOF I have hereunto set my hand and caused the Great Seal of the State of California to be affixed this 17th day ATTEST: ALEX PADILLA Secretary of State EXECUTIVE DEPARTMENT STATE OF CALIFORNIA EXECUTIVE ORDER N-08-21 WHEREAS on March 4, 2020, 1 proclaimed a State of Emergency to exist in California as a result of the threat of COVID-19; and WHEREAS since March 2020, the State has taken decisive and meaningful actions to reduce the spread, and mitigate the impacts, of COVID-19, saving an untold number of lives; and WHEREAS as a result of the effective actions Californians have taken, as well as the successful and ongoing distribution of COVID-19 vaccines, California is turning a corner in its fight against COVID-19; and WHEREAS on June 11, 2021, 1 issued Executive Order N-07-21, which formally rescinded the Stay -at -Home Order (Executive Order N-33-20, issued on March 19, 2020), as well as the framework for a gradual, risk -based reopening of the economy (Executive Order N-60-20, issued on May 4, 2020); and WHEREAS in light of the current state of the COVID-19 pandemic in California, it is appropriate to roll back certain provisions of my COVID- 1 9-related Executive Orders; and WHEREAS certain provisions of my COVID-19 related Executive Orders currently remain necessary to continue to help California respond to, recover from, and mitigate the impacts of the COVID-19 pandemic, including California's ongoing vaccination programs, and the termination of certain provisions of my COVID-19 related Executive Orders during this stage of the emergency would compound the effects of the emergency and impede the State's recovery by disrupting important governmental and social functions; and WHEREAS under the provisions of Government Code section 8571, 1 find that strict compliance with various statutes and regulations specified in this Order would continue to prevent, hinder, or delay appropriate actions to prevent and mitigate the effects of the COVID-19 pandemic. NOW, THEREFORE, I, GAVIN NEWSOM, Governor of the State of California, in accordance with the authority vested in me by the State Constitution and statutes of the State of California, and in particular, Government Code sections 8567, 8571, and 8627, do hereby issue the following Order to become effective immediately: IT IS HEREBY ORDERED THAT: The following provisions shall remain in place and shall have full force and effect through June 30, 2021, upon which time they will expire subject to individual conditions described in the enumerated paragraphs below. 1) State of Emergency Proclamation dated March 4, 2020: a. Paragraph 10. Any facility operating under a waiver pursuant to this provision, memorialized in an All Facilities Letter, may operate pursuant to such a waiver through the stated expiration in the All Facilities Letter or September 30, 2021, whichever occurs first; b. Paragraph 1 1; c. Paragraph 12; and d. Paragraph 13. 2) Executive Order N-25-20: a. Paragraph 1; and b. Paragraph 7, and as applicable to local governments per Executive Order N-35-20, Paragraph 3. Effective July 1, 2021, the waivers in Executive Order N-25-20, Paragraph 7, and Executive Order N-35-20, Paragraph 3, of reinstatement requirements set forth in Government Code sections 7522.56(f) and (g) are terminated. 3) Executive Order N-26-20: a. Paragraph 1; b. Paragraph 2; c. Paragraph 3; d. Paragraph 5; e. Paragraph 6; and f. Paragraph 7. 4) Executive Order N-27-20: a. Paragraph 1; b. Paragraph 2; and c. Paragraph 3. 5) Executive Order N-28-20: a. Paragraph 3; and b. Paragraph 6. 6) Executive Order N-31-20: a. Paragraph 1; and b. Paragraph 2. 7) Executive Order N-35-20: a. Paragraph 1. Any facility operating under a waiver pursuant to this provision, memorialized in an All Facilities Letter, may operate pursuant to such a waiver through the stated expiration in the All Facilities Letter or September 30, 2021, whichever occurs first; b. Paragraph 4; c. Paragraph 6. To the extent the Director exercised their authority pursuant to this provision on or before June 30, 2021, the extension shall remain valid until the effective expiration; -IC-5— d. Paragraph 10. The State Bar shall receive the time extension in the aforementioned order for any nomination submitted to the State Bar by the Governor on or before June 30, 2021; and e. Paragraph 11 (as extended and clarified by N-71-20, Paragraph 6). Claims accruing before June 30, 2021 will remain subject to the 120- day extension granted in the aforementioned orders. 8) Executive Order N-36-20, Paragraph 1. To the extent the Secretary exercised their authority pursuant to this provision, the Secretary shall allow each facility to resume intake in a manner that clears intake backlog as soon as feasible. 9) Executive Order N-39-20: a. Paragraph 1. Any facility operating under a waiver pursuant to this provision, memorialized in an All Facilities Letter, may operate pursuant to such a waiver through the stated expiration in the All Facilities Letter or September 30, 2021, whichever occurs first; b. Paragraph 4; and c. Paragraph 7. The leases or agreements executed pursuant to this provision shall remain valid in accordance with the term of the agreement. 10) Executive Order N-40-20: a. Paragraph 1. For rulemakings published in the California Regulatory Notice Register pursuant to Government Code section 11346.4(a)(5) prior to June 30, 2021, the deadlines in the aforementioned order shall remain extended in accordance with the order; b. Paragraph 2 (as extended and clarified by N-66-20, Paragraph 12, and N-71-20, Paragraph 10). Notwithstanding the expiration of this provision, state employees subject to these training requirements shall receive the benefit of the 120-day extension granted by the aforementioned orders. All required training due on or before June 30, 2021 must be completed within 120 days of the statutorily prescribed due date; c. Paragraph 7 (as extended and clarified by N-66-20, Paragraph 13 and N-71-20, Paragraph 11). With regard to appeals received on or before June 30, 2021, the State Personnel Board shall be entitled to the extension in the aforementioned order to render its decision; d. Paragraph 8. To the extent the deadlines specified in Government Code section 22844 and California Code of Regulations, title 2, sections 599.517 and 599.518 fell on a date on or before June 30, 2021 absent the extension, they shall expire pursuant to the timeframes specified in the aforementioned orders; e. Paragraph 16; f. Paragraph 17; and g. Paragraph 20. 1 1) Executive Order N-45-20: a. Paragraph 4; b. Paragraph 8; c. Paragraph 9; and d. Paragraph 12. For vacancies occurring prior to June 30, 2021, the deadline to fill the vacancy shall remain extended for the time period in the aforementioned order. 12) Executive Order N-46-20: a. Paragraph 1; and b. Paragraph 2. 13) Executive Order N-47-20: a. Paragraph 2; and b. Paragraph 3. 14) Executive Order N-48-20, Paragraph 2 (which clarified the scope of N-34- 20) . 15) Executive Order N-49-20: a. Paragraph 1; b. Paragraph 3. For determinations made on or before June 30, 2021, the discharge date shall be within 14 days of the Board's determination; and c. Paragraph 4. 16) Executive Order N-50-20, Paragraph 2. 17) Executive Order N-52-20: a. Paragraph 6; b. Paragraph 7. To the extent an individual has commenced a training program prior to June 30, 2021, that was interrupted by COVID-19, that individual shall be entitled to the extended timeframe in the aforementioned order; and c. Paragraph 14; and d. Paragraph 16. 18) Executive Order N-53-20: a. Paragraph 3; b. Paragraph 12 (as extended or modified by N-69-20, Paragraph 10, and N-71-20, Paragraph 27); and c. Paragraph 13 (as extended or modified by N-69-20, Paragraph 11, and N-71-20, Paragraph 28). 19) Executive Order N-54-20, Paragraph 7. To the extent the date governing the expiration of registration of vehicles previously registered in a foreign jurisdiction falls on or before June 30, 2021, the deadline is extended pursuant to the aforementioned orders. 20) Executive Order N-55-20: a. Paragraph 1. Statutory deadlines related to cost reports, change in scope of service requests, and reconciliation requests occurring on or before June 30, 2021 shall remain subject to the extended deadline in the aforementioned order; b. Paragraph 4; c. Paragraph 5; d. Paragraph 6; e. Paragraph 8; f. Paragraph 9; g. Paragraph 10; h. Paragraph 13; i. Paragraph 14. Statutory deadlines related to beneficiary risk assessments occurring on or before June 30, 2021 shall remain subject to the extended deadline in the aforementioned order; and Paragraph 16. Deadlines for fee -for -service providers to submit information required for a Medical Exemption Request extended on or before June 30, 2021 shall remain subject to the extended deadline granted under the aforementioned order. 21) Executive Order N-56-20: a. Paragraph 1; b. Paragraph 6; c. Paragraph 7; d. Paragraph 8; e. Paragraph 9; and f. Paragraph 11. 22) Executive Order N-59-20, Paragraph 6. 23) Executive Order N-61-20: a. Paragraph 1; b. Paragraph 2; c. Paragraph 3; and d. Paragraph 4. 24) Executive Order N-63-20: a. Paragraph 8(a) (as extended by N-71-20, Paragraph 40). The deadlines related to reports by the Division of Occupational Safety and Health (Cal/OSHA) and the Occupational Safety & Health Standards Board on proposed standards or variances due on or before June 30, 2021 shall remain subject to the extended timeframe; b. Paragraph 8(c). To the extent the date upon which the Administrative Director must act upon Medical Provider Network applications or requests for modifications or reapprovals falls on or before June 30, 2021 absent the extension in the aforementioned order, it shall remain subject to the extended timeframe; c. Paragraph 8(e). To the extent filing deadlines for a Return -to -Work Supplement appeal and any reply or responsive papers fall on or before June 30, 2021, absent the extension in the aforementioned order, they shall remain subject to the extended timeframe; d. Paragraph 9(a) (as extended and modified by N-71-20, Paragraph 39). Any deadline setting the time for the Labor Commissioner to issue any citation under the Labor Code, including a civil wage and penalty assessment pursuant to Labor Code section 1741, that, absent the aforementioned order, would have occurred or would occur between May 7, 2020 and September 29, 2021 shall be extended to September 30, 2021. Any such deadline that, absent the aforementioned order, would occur after September 29, 2021 shall be effective based on the timeframe in existence before the aforementioned order; e. Paragraph 9(b) (as extended and modified by N-71-20, Paragraph 41); f. Paragraph 9(c) (as extended and modified by N-71-20, Paragraph 39). Any deadline setting the time for a worker to file complaints and initiate proceedings with the Labor Commissioner pursuant to Labor Code sections 98, 98.7, 1700.44, and 2673.1, that, absent the aforementioned order, would have occurred or would occur between May 7, 2020 and September 29, 2021 shall be extended to September 30, 2021. Any such deadline that, absent the aforementioned order, would occur after September 29, 2021 shall be effective based on the timeframe in existence before the aforementioned order; g. Paragraph 9(d) (as extended and modified by N-71-20, Paragraph 39). Any deadline setting the time for Cal/OSHA to issue citations pursuant to Labor Code section 6317, that, absent the aforementioned order, would have occurred or would occur between May 7, 2020 and September 29, 2021 shall be extended to September 30, 2021. Any such deadline that, absent the aforementioned order, would occur after September 29, 2021 shall be effective based on the timeframe in existence before the aforementioned order; h. Paragraph 9(e) (as extended and modified by N-71-20, Paragraph 41); i. Paragraph 10; j. Paragraph 12. Any peace officer reemployed on or before June 30, 2021 pursuant to the aforementioned order shall be entitled to the extended reemployment period set forth in the order; k. Paragraph 13; I. Paragraph 14; and m. Paragraph 15 (as extended by N-71-20, Paragraph 36). 25) Executive Order N-65-20: a. Paragraph 5 (as extended by N-71-20, Paragraph 35; N-80-20, Paragraph 4; and N-01-21). Identification cards issued under Health and Safety Code section 11362.71 that would otherwise have expired absent the aforementioned extension between March 4, 2020 and June 30, 2021 shall expire on December 31, 2021; and b. Paragraph 7. 26) Executive Order N-66-20: a. Paragraph 3; b. Paragraph 4; and c. Paragraph 5. 27) Executive Order N-68-20: a. Paragraph 1. Notwithstanding the expiration of the aforementioned order, temporary licenses granted on or before June 30, 2021 shall be valid through September 30, 2021; and b. Paragraph 2. Renewal fee payments otherwise due to the to the California Department of Public Health absent the extension in the aforementioned order on or before June 30, 2021, shall be entitled to the extensions of time set forth in the aforementioned order. 28) Executive Order N-71-20: a. Paragraph 1; b. Paragraph 4; c. Paragraph 16. Where the statutory deadline for opening or completing investigations is set to occur on or before June 30, 2021, the deadline shall remain subject to the extension in the aforementioned order; and d. Paragraph 17. Where the statutory deadline for serving a notice of adverse action is due on or before June 30, 2021, the deadline shall remain subject to the extension in the aforementioned order. 29) Executive Order N-75-20: a. Paragraph 7. Children placed in foster care on or before June 30, 2021 shall receive such examinations on or before July 31, 2021; b. Paragraph 8; c. Paragraph 9; d. Paragraph 10. Any facility operating under a waiver pursuant to this provision may operate pursuant to such a waiver through the expiration as set forth by the California Department of Public Health, or September 30, 2021, whichever occurs first; and e. Paragraph 13. 30) Executive Order N-76-20, Paragraph 3. 31) Executive Order N-77-20: a. Paragraph 1; b. Paragraph 2; and c. Paragraph 3. 32) Executive Order N-78-20 (as extended and modified by N-03-21): a. Paragraph 1; and b. Paragraph 2. 33) Executive Order N-83-20: a. Paragraph 3. To the extent the Director of the Department of Alcoholic Beverage Control suspends deadlines for renewing licenses upon payment of annual fees on or before June 30, 2021, the extension shall remain valid until the effective expiration; b. Paragraph 5 (which repealed and replaced N-71-20, Paragraph 19, which extended N-52-20, Paragraph 1, and N-69-20, Paragraph 3); c. Paragraph 6 (which repealed and replaced N-71-20, Paragraph 20, which extended N-52-20, Paragraph 2, and N-69-20, Paragraph 4); and d. Paragraph 7 (which repealed and replaced N-71-20, Paragraph 21, which extended N-52-20, Paragraph 3, and N-69-20, Paragraph 5). 34) Executive Order N-84-20: a. Paragraph 1; b. Paragraph 2; c. Paragraph 3; and d. Paragraph 5. The following provisions shall remain in place and shall have full force and effect through July 31, 2021, upon which time they will expire subject to individual conditions described in the enumerated paragraphs below. 35) Executive Order N-39-20, Paragraph 8 (as extended by N-69-20, Paragraph 2 and N-71-20, Paragraph 8). 36) Executive Order N-53-20, Paragraph 1 1 (as extended or modified by N-68- 20, Paragraph 15, and N-71-20, Paragraph 26). 37) Executive Order N-71-20, Paragraph 25. 38) Executive Order N-75-20: a. Paragraph 5; and b. Paragraph 6 The following provisions shall remain in place and shall have full force and effect through September 30, 2021, upon which time they will expire subject to individual conditions described in the enumerated paragraphs below. 39) State of Emergency Proclamation dated March 4, 2020: a. Paragraph 3; and b. Paragraph 14. Any facility operating under a waiver pursuant to this provision may operate pursuant to such a waiver through the expiration as set forth by the Department of Social Services, or September 30, 2021, whichever occurs first. 40) Executive Order N-25-20: a. Paragraph 2; b. Paragraph 3; and c. Paragraph 4. 41) Executive Order N-28-20: a. Paragraph 4; and b. Paragraph 5. 42) Executive Order N-29-20, Paragraph 3, is withdrawn and replaced by the following text: Notwithstanding any other provision of state or local law (including, but not limited to, the Bagley -Keene Act or the Brown Act), and subject to the notice and accessibility requirements set forth below, a local legislative body or state body is authorized to hold public meetings via teleconferencing and to make public meetings accessible telephonically or otherwise electronically to all members of the public seeking to observe and to address the local legislative body or state body. All requirements in both the Bagley -Keene Act and the Brown Act expressly or impliedly requiring the physical presence of members, the clerk or other personnel of the body, or of the public as a condition of participation in or quorum for a public meeting are hereby waived. In particular, any otherwise -applicable requirements that (i) state and local bodies notice each teleconference location from which a member will be participating in a public meeting; (ii) each teleconference location be accessible to the public; (iii) members of the public may address the body at each teleconference conference location; (iv) state and local bodies post agendas at all teleconference locations; (v) at least one member of the state body be physically present at the location specified in the notice of the meeting; and (vi) during teleconference meetings, a least a quorum of the members of the local body participate from locations within the boundaries of the territory over which the local body exercises jurisdiction are hereby suspended. A local legislative body or state body that holds a meeting via teleconferencing and allows members of the public to observe and address the meeting telephonically or otherwise electronically, consistent with the notice and accessibility requirements set forth below, shall have satisfied any requirement that the body allow members of the public to attend the meeting and offer public comment. Such a body need not make available any physical location from which members of the public may observe the meeting and offer public comment. Accessibility Requirements: If a local legislative body or state body holds a meeting via teleconferencing and allows members of the public to observe and address the meeting telephonically or otherwise electronically, the body shall also: (i) Implement a procedure for receiving and swiftly resolving requests for reasonable modification or accommodation from individuals with disabilities, consistent with the Americans with Disabilities Act and resolving any doubt whatsoever in favor of accessibility; and (ii) Advertise that procedure each time notice is given of the means by which members of the public may observe the meeting and offer public comment, pursuant to subparagraph (ii) of the Notice Requirements below. Notice Requirements: Except to the extent this Order expressly provides otherwise, each local legislative body and state body shall: (i) Give advance notice of the time of, and post the agenda for, each public meeting according to the timeframes otherwise prescribed by the Bagley -Keene Act or the Brown Act, and using the means otherwise prescribed by the Bagley -Keene Act or the Brown Act, as applicable; and (ii) In each instance in which notice of the time of the meeting is otherwise given or the agenda for the meeting is otherwise posted, also give notice of the means by which members of the public may observe the meeting and offer public comment. As to any instance in which there is a change in such means of public observation and comment, or any instance prior to the issuance of this Order in which the time of the meeting has been noticed or the agenda for the meeting has been posted without also including notice of such means, a body may satisfy this requirement by advertising such means using "the most rapid means of communication available at the time" within the meaning of Government Code, section 54954, subdivision (e); this shall include, but need not be limited to, posting such means on the body's Internet website. All of the foregoing provisions concerning the conduct of public meetings shall apply through September 30, 2021. 43) Executive Order N-32-20: a. Paragraph 1; b. Paragraph 2; and c. Paragraph 3. 44) Executive Order N-35-20: a. Paragraph 2; and b. Paragraph 12. 45) Executive Order N-39-20: a. Paragraph 2; b. Paragraph 3; and c. Paragraph 6. �c - 46) Executive Order N-40-20: a. Paragraph 12 (as extended or modified by N-66-20, paragraph 16, N-71-20, paragraph 14, and N-75-20, Paragraph 12). To the extent the Director exercised their authority pursuant to this provision on or before September 30, 2021, the extension shall remain valid until the effective expiration of the applicable waiver; and b. Paragraph 18. 47) Executive Order N-42-20. 48) Executive Order N-43-20. 49) Executive Order N-49-20, Paragraph 2. 50) Executive Order N-54-20: a. Paragraph 8 (as extended by N-80-20, Paragraph 6); and b. Paragraph 9. To the extent any timeframe within which a California Native American tribe must request consultation and the lead agency must begin the consultation process relating to an Environmental Impact Report, Negative Declaration, or Mitigated Negative Declaration under the California Environmental Quality Act extends beyond September 30, 2021, the tribe and lead agency will receive the benefit of the extension so long as the triggering event occurred on or before September 30, 2021. 51) Executive Order N-55-20: a. Paragraph 2; b. Paragraph 3; c. Paragraph 7. All on -site licensing visits which would have been due on or before September 30, 2021 shall occur before December 31, 2021; d. Paragraph 1 1; and e. Paragraph 12. 52) Executive Order N-56-20, Paragraph 10 is withdrawn and superseded by the following text: Paragraph 42 of this Order, including the conditions specified therein, shall apply to meetings held pursuant to Article 3 of Chapter 2 of Part 21 of Division 3 of Title 2 of the Education Code and Education Code section 47604.1(b) . 53) Executive Order N-58-20 (as extended by N-71-20, Paragraph 29). 54) Executive Order N-59-20: a. Paragraph 1. The sworn statement or verbal attestation of pregnancy must be submitted on or before September 30, 2021 and medical verification of pregnancy must be submitted within 30 working days following submittal of the sworn statement or verbal attestation for benefits to continue; b. Paragraph 2 (as extended and modified by N-69-20, Paragraph 14, and N-71-20, Paragraph 31); c. Paragraph 3 (as extended and modified by N-69-20, Paragraph 15, and N-71-20, Paragraph 32); and d. Paragraph 4 (as extended and modified by N-69-20, Paragraph 16, and N-71-20, Paragraph 33). 55) Executive Order N-63-20: a. Paragraph 8(b). To the extent filing deadlines for claims and liens fall on or before September 30, 2021, absent the extension in the aforementioned order, they shall remain subject to the extended timeframe; and b. Paragraph 11. 56) Executive Order N-66-20, Paragraph 6. 57) Executive Order N-71-20: a. Paragraph 15; b. Paragraph 22; and c. Paragraph 23. 58) Executive Order N-75-20: a. Paragraph 1; b. Paragraph 2; and c. Paragraph 4. 59) Executive Order N-80-20: a. Paragraph 3; and b. Paragraph 7. 60) Executive Order N-83-20 a. Paragraph 2 is withdrawn and replaced by the following text: The deadline to pay annual fees, including any installment payments, currently due or that will become due during the proclaimed emergency, as specified in Business and Professions Code sections 19942, 19951, 19954, 19955, 19984, and any accompanying regulations is September 30, 2021; the deadlines for submission of any application or deposit fee, as specified in Business and Professions Code sections 19951 (a), 19867, 19868, 19876, 19877, 19942, 19984, and any accompanying regulations is no later than September 30, 2021, or per existing requirements, whichever date is later. b. Paragraph 4. 61) Executive Order N-03-21, Paragraph 3, is withdrawn and replaced by the following text: As applied to commercial evictions only, the timeframe for the protections set forth in Paragraph 2 of Executive Order N-28-20 (and extended by Paragraph 21 of Executive Order N-66-20, Paragraph 3 of Executive Order N-71-20, and Paragraph 2 of Executive Order N-80-20) is extended through September 30, 2021. IT IS FURTHER ORDERED that, as soon as hereafter possible, this Order be filed in the Office of the Secretary of State and that widespread publicity and notice be given of this Order. This Order is not intended to, and does not, create any rights or benefits, substantive or procedural, enforceable at law or in equity, against the State of California, its agencies, departments, entities, officers, employees, or any other person. IN WITNESS WHEREOF I have hereunto set my hand and caused the Great Seal of the State of California to be affixed this 11 th day of June 2021. 4AX" GAVIN NEWSOM Governor of California ATTEST: SHIRLEY N. WEBER, PH.D. Secretary of State 11/23/21, 2:53 PM Bill Text-AB-361 Open meetings: state and local agencies: teleconferences. LEGISLATIVE INFORMATION Home Bill Information California Law Publications Other Resources My Subscriptions My Favorites AB-361 Open meetings: state and local agencies: teleconferences. (2021-2022) SHARE THIS: In � Date Published: 09/17/2021 09:00 PM Assembly Bill No. 361 CHAPTER 165 An act to add and repeal Section 89305.6 of the Education Code, and to amend, repeal, and add Section 54953 of, and to add and repeal Section 11133 of, the Government Code, relating to open meetings, and declaring the urgency thereof, to take effect immediately. Approved by Governor September 16, 2021. Filed with Secretary of State September 16, 2021. LEGISLATIVE COUNSEL'S DIGEST AB 361, Robert Rivas. Open meetings: state and local agencies: teleconferences. (1) Existing law, the Ralph M. Brown Act requires, with specified exceptions, that all meetings of a legislative body of a local agency, as those terms are defined, be open and public and that all persons be permitted to attend and participate. The act contains specified provisions regarding the timelines for posting an agenda and providing for the ability of the public to directly address the legislative body on any item of interest to the public. The act generally requires all regular and special meetings of the legislative body be held within the boundaries of the territory over which the local agency exercises jurisdiction, subject to certain exceptions. The act allows for meetings to occur via teleconferencing subject to certain requirements, particularly that the legislative body notice each teleconference location of each member that will be participating in the public meeting, that each teleconference location be accessible to the public, that members of the public be allowed to address the legislative body at each teleconference location, that the legislative body post an agenda at each teleconference location, and that at least a quorum of the legislative body participate from locations within the boundaries of the local agency's jurisdiction. The act provides an exemption to the jurisdictional requirement for health authorities, as defined. The act authorizes the district attorney or any interested person, subject to certain provisions, to commence an action by mandamus or injunction for the purpose of obtaining a judicial determination that specified actions taken by a legislative body are null and void. Existing law, the California Emergency Services Act, authorizes the Governor, or the Director of Emergency Services when the governor is inaccessible, to proclaim a state of emergency under specified circumstances. Executive Order No. N-29-20 suspends the Ralph M. Brown Act's requirements for teleconferencing during the COVID-19 pandemic provided that notice and accessibility requirements are met, the public members are allowed to observe and address the legislative body at the meeting, and that a legislative body of a local agency has a procedure for receiving and swiftly resolving requests for reasonable accommodation for individuals with disabilities, as specified. This bill, until January 1, 2024, would authorize a local agency to use teleconferencing without complying with the teleconferencing requirements imposed by the Ralph M. Brown Act when a legislative body of a local agency holds a meeting during a declared state of emergency, as that term is defined, when state or local health officials https://leginfo.legislature.ca.gov/faces/bilINavClient.xhtml?bill_id=202120220AB361 1/13 11/23/21, 2:53 PM Bill Text -AB-361 Open meetings: state and local agencies: teleconferences. have imposed or recommended measures to promote social distancing, during a proclaimed state of emergency held for the purpose of determining, by majority vote, whether meeting in person would present imminent risks to the health or safety of attendees, and during a proclaimed state of emergency when the legislative body has determined that meeting in person would present imminent risks to the health or safety of attendees, as provided. This bill would require legislative bodies that hold teleconferenced meetings under these abbreviated teleconferencing procedures to give notice of the meeting and post agendas, as described, to allow members of the public to access the meeting and address the legislative body, to give notice of the means by which members of the public may access the meeting and offer public comment, including an opportunity for all persons to attend via a call -in option or an internet-based service option, and to conduct the meeting in a manner that protects the statutory and constitutional rights of the parties and the public appearing before the legislative body. The bill would require the legislative body to take no further action on agenda items when there is a disruption which prevents the public agency from broadcasting the meeting, or in the event of a disruption within the local agency's control which prevents members of the public from offering public comments, until public access is restored. The bill would specify that actions taken during the disruption are subject to challenge proceedings, as specified. This bill would prohibit the legislative body from requiring public comments to be submitted in advance of the meeting and would specify that the legislative body must provide an opportunity for the public to address the legislative body and offer comment in real time. The bill would prohibit the legislative body from closing the public comment period and the opportunity to register to provide public comment, until the public comment period has elapsed or until a reasonable amount of time has elapsed, as specified. When there is a continuing state of emergency, or when state or local officials have imposed or recommended measures to promote social distancing, the bill would require a legislative body to make specified findings not later than 30 days after the first teleconferenced meeting pursuant to these provisions, and to make those findings every 30 days thereafter, in order to continue to meet under these abbreviated teleconferencing procedures. Existing law prohibits a legislative body from requiring, as a condition to attend a meeting, a person to register the person's name, or to provide other information, or to fulfill any condition precedent to the person's attendance. This bill would exclude from that prohibition, a registration requirement imposed by a third -party internet website or other online platform not under the control of the legislative body. (2) Existing law, the Bagley -Keene Open Meeting Act, requires, with specified exceptions, that all meetings of a state body be open and public and all persons be permitted to attend any meeting of a state body. The act requires at least one member of the state body to be physically present at the location specified in the notice of the meeting. The Governor's Executive Order No. N-29-20 suspends the requirements of the Bagley -Keene Open Meeting Act for teleconferencing during the COVID-19 pandemic, provided that notice and accessibility requirements are met, the public members are allowed to observe and address the state body at the meeting, and that a state body has a procedure for receiving and swiftly resolving requests for reasonable accommodation for individuals with disabilities, as specified. This bill, until January 31, 2022, would authorize, subject to specified notice and accessibility requirements, a state body to hold public meetings through teleconferencing and to make public meetings accessible telephonically, or otherwise electronically, to all members of the public seeking to observe and to address the state body. With respect to a state body holding a public meeting pursuant to these provisions, the bill would suspend certain requirements of existing law, including the requirements that each teleconference location be accessible to the public and that members of the public be able to address the state body at each teleconference location. Under the bill, a state body that holds a meeting through teleconferencing and allows members of the public to observe and address the meeting telephonically or otherwise electronically would satisfy any requirement that the state body allow members of the public to attend the meeting and offer public comment. The bill would require that each state body that holds a meeting through teleconferencing provide notice of the meeting, and post the agenda, as provided. The bill would urge state bodies utilizing these teleconferencing procedures in the bill to use sound discretion and to make reasonable efforts to adhere as closely as reasonably possible to existing law, as provided. (3) Existing law establishes the various campuses of the California State University under the administration of the Trustees of the California State University, and authorizes the establishment of student body organizations in https://leginfo.legislature.ca.gov/faces/bilINavClient.xhtml?bill_id=202120220AB361 2/13 11/23/21, 2:53 PM Bill Text -AB-361 Open meetings: state and local agencies: teleconferences. connection with the operations of California State University campuses. The Gloria Romero Open Meetings Act of 2000 generally requires a legislative body, as defined, of a student body organization to conduct its business in a meeting that is open and public. The act authorizes the legislative body to use teleconferencing, as defined, for the benefit of the public and the legislative body in connection with any meeting or proceeding authorized by law. This bill, until January 31, 2022, would authorize, subject to specified notice and accessibility requirements, a legislative body, as defined for purposes of the act, to hold public meetings through teleconferencing and to make public meetings accessible telephonically, or otherwise electronically, to all members of the public seeking to observe and to address the legislative body. With respect to a legislative body holding a public meeting pursuant to these provisions, the bill would suspend certain requirements of existing law, including the requirements that each teleconference location be accessible to the public and that members of the public be able to address the legislative body at each teleconference location. Under the bill, a legislative body that holds a meeting through teleconferencing and allows members of the public to observe and address the meeting telephonically or otherwise electronically would satisfy any requirement that the legislative body allow members of the public to attend the meeting and offer public comment. The bill would require that each legislative body that holds a meeting through teleconferencing provide notice of the meeting, and post the agenda, as provided. The bill would urge legislative bodies utilizing these teleconferencing procedures in the bill to use sound discretion and to make reasonable efforts to adhere as closely as reasonably possible to existing law, as provided. (4) This bill would declare the Legislature's intent, consistent with the Governor's Executive Order No. N-29-20, to improve and enhance public access to state and local agency meetings during the COVID-19 pandemic and future emergencies by allowing broader access through teleconferencing options. (5) This bill would incorporate additional changes to Section 54953 of the Government Code proposed by AB 339 to be operative only if this bill and AB 339 are enacted and this bill is enacted last. (6) The California Constitution requires local agencies, for the purpose of ensuring public access to the meetings of public bodies and the writings of public officials and agencies, to comply with a statutory enactment that amends or enacts laws relating to public records or open meetings and contains findings demonstrating that the enactment furthers the constitutional requirements relating to this purpose. This bill would make legislative findings to that effect. (7) Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. This bill would make legislative findings to that effect. (8) This bill would declare that it is to take effect immediately as an urgency statute. Vote: 2/3 Appropriation: no Fiscal Committee: yes Local Program: no THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 89305.6 is added to the Education Code, to read: 89305.6. (a) Notwithstanding any other provision of this article, and subject to the notice and accessibility requirements in subdivisions (d) and (e), a legislative body may hold public meetings through teleconferencing and make public meetings accessible telephonically, or otherwise electronically, to all members of the public seeking to observe and to address the legislative body. (b) (1) For a legislative body holding a public meeting through teleconferencing pursuant to this section, all requirements in this article requiring the physical presence of members, the clerk or other personnel of the legislative body, or the public, as a condition of participation in or quorum for a public meeting, are hereby suspended. (2) For a legislative body holding a public meeting through teleconferencing pursuant to this section, all of the following requirements in this article are suspended: https://leginfo.legislature.ca.gov/faces/bilINavClient.xhtml?bill_id=202120220AB361 3/13 11/23/21, 2:53 PM Bill Text -AB-361 Open meetings: state and local agencies: teleconferences. (A) Each teleconference location from which a member will be participating in a public meeting or proceeding be identified in the notice and agenda of the public meeting or proceeding. (B) Each teleconference location be accessible to the public. (C) Members of the public may address the legislative body at each teleconference conference location. (D) Post agendas at all teleconference locations. (E) At least one member of the legislative body be physically present at the location specified in the notice of the meeting. (c) A legislative body that holds a meeting through teleconferencing and allows members of the public to observe and address the meeting telephonically or otherwise electronically, consistent with the notice and accessibility requirements in subdivisions (d) and (e), shall have satisfied any requirement that the legislative body allow members of the public to attend the meeting and offer public comment. A legislative body need not make available any physical location from which members of the public may observe the meeting and offer public comment. (d) If a legislative body holds a meeting through teleconferencing pursuant to this section and allows members of the public to observe and address the meeting telephonically or otherwise electronically, the legislative body shall also do both of the following: (1) Implement a procedure for receiving and swiftly resolving requests for reasonable modification or accommodation from individuals with disabilities, consistent with the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.), and resolving any doubt whatsoever in favor of accessibility. (2) Advertise that procedure each time notice is given of the means by which members of the public may observe the meeting and offer public comment, pursuant to paragraph (2) of subdivision (e). (e) Except to the extent this section provides otherwise, each legislative body that holds a meeting through teleconferencing pursuant to this section shall do both of the following: (1) Give advance notice of the time of, and post the agenda for, each public meeting according to the timeframes otherwise prescribed by this article, and using the means otherwise prescribed by this article, as applicable. (2) In each instance in which notice of the time of the meeting is otherwise given or the agenda for the meeting is otherwise posted, also give notice of the means by which members of the public may observe the meeting and offer public comment. As to any instance in which there is a change in the means of public observation and comment, or any instance prior to the effective date of this section in which the time of the meeting has been noticed or the agenda for the meeting has been posted without also including notice of the means of public observation and comment, a legislative body may satisfy this requirement by advertising the means of public observation and comment using the most rapid means of communication available at the time. Advertising the means of public observation and comment using the most rapid means of communication available at the time shall include, but need not be limited to, posting such means on the legislative body's internet website. (f) All legislative bodies utilizing the teleconferencing procedures in this section are urged to use sound discretion and to make reasonable efforts to adhere as closely as reasonably possible to the otherwise applicable provisions of this article, in order to maximize transparency and provide the public access to legislative body meetings. (g) This section shall remain in effect only until January 31, 2022, and as of that date is repealed. SEC. 2. Section 11133 is added to the Government Code, to read: 11133. (a) Notwithstanding any other provision of this article, and subject to the notice and accessibility requirements in subdivisions (d) and (e), a state body may hold public meetings through teleconferencing and make public meetings accessible telephonically, or otherwise electronically, to all members of the public seeking to observe and to address the state body. (b) (1) For a state body holding a public meeting through teleconferencing pursuant to this section, all requirements in this article requiring the physical presence of members, the clerk or other personnel of the state body, or the public, as a condition of participation in or quorum for a public meeting, are hereby suspended. https://leginfo.legislature.ca.gov/faces/bilINavClient.xhtml?bill_id=202120220AB361 4/13 11/23/21, 2:53 PM Bill Text -AB-361 Open meetings: state and local agencies: teleconferences. (2) For a state body holding a public meeting through teleconferencing pursuant to this section, all of the following requirements in this article are suspended: (A) Each teleconference location from which a member will be participating in a public meeting or proceeding be identified in the notice and agenda of the public meeting or proceeding. (B) Each teleconference location be accessible to the public. (C) Members of the public may address the state body at each teleconference conference location. (D) Post agendas at all teleconference locations. (E) At least one member of the state body be physically present at the location specified in the notice of the meeting. (c) A state body that holds a meeting through teleconferencing and allows members of the public to observe and address the meeting telephonically or otherwise electronically, consistent with the notice and accessibility requirements in subdivisions (d) and (e), shall have satisfied any requirement that the state body allow members of the public to attend the meeting and offer public comment. A state body need not make available any physical location from which members of the public may observe the meeting and offer public comment. (d) If a state body holds a meeting through teleconferencing pursuant to this section and allows members of the public to observe and address the meeting telephonically or otherwise electronically, the state body shall also do both of the following: (1) Implement a procedure for receiving and swiftly resolving requests for reasonable modification or accommodation from individuals with disabilities, consistent with the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.), and resolving any doubt whatsoever in favor of accessibility. (2) Advertise that procedure each time notice is given of the means by which members of the public may observe the meeting and offer public comment, pursuant to paragraph (2) of subdivision (e). (e) Except to the extent this section provides otherwise, each state body that holds a meeting through teleconferencing pursuant to this section shall do both of the following: (1) Give advance notice of the time of, and post the agenda for, each public meeting according to the timeframes otherwise prescribed by this article, and using the means otherwise prescribed by this article, as applicable. (2) In each instance in which notice of the time of the meeting is otherwise given or the agenda for the meeting is otherwise posted, also give notice of the means by which members of the public may observe the meeting and offer public comment. As to any instance in which there is a change in the means of public observation and comment, or any instance prior to the effective date of this section in which the time of the meeting has been noticed or the agenda for the meeting has been posted without also including notice of the means of public observation and comment, a state body may satisfy this requirement by advertising the means of public observation and comment using the most rapid means of communication available at the time. Advertising the means of public observation and comment using the most rapid means of communication available at the time shall include, but need not be limited to, posting such means on the state body's internet website. (f) All state bodies utilizing the teleconferencing procedures in this section are urged to use sound discretion and to make reasonable efforts to adhere as closely as reasonably possible to the otherwise applicable provisions of this article, in order to maximize transparency and provide the public access to state body meetings. (g) This section shall remain in effect only until January 31, 2022, and as of that date is repealed. SEC. 3. Section 54953 of the Government Code is amended to read: 54953. (a) All meetings of the legislative body of a local agency shall be open and public, and all persons shall be permitted to attend any meeting of the legislative body of a local agency, except as otherwise provided in this chapter. (b) (1) Notwithstanding any other provision of law, the legislative body of a local agency may use teleconferencing for the benefit of the public and the legislative body of a local agency in connection with any meeting or proceeding authorized by law. The teleconferenced meeting or proceeding shall comply with all https://leginfo.legislature.ca.gov/faces/bilINavClient.xhtml?bill_id=202120220AB361 5/13 11/23/21, 2:53 PM Bill Text -AB-361 Open meetings: state and local agencies: teleconferences. otherwise applicable requirements of this chapter and all otherwise applicable provisions of law relating to a specific type of meeting or proceeding. (2) Teleconferencing, as authorized by this section, may be used for all purposes in connection with any meeting within the subject matter jurisdiction of the legislative body. All votes taken during a teleconferenced meeting shall be by rollcall. (3) If the legislative body of a local agency elects to use teleconferencing, it shall post agendas at all teleconference locations and conduct teleconference meetings in a manner that protects the statutory and constitutional rights of the parties or the public appearing before the legislative body of a local agency. Each teleconference location shall be identified in the notice and agenda of the meeting or proceeding, and each teleconference location shall be accessible to the public. During the teleconference, at least a quorum of the members of the legislative body shall participate from locations within the boundaries of the territory over which the local agency exercises jurisdiction, except as provided in subdivisions (d) and (e). The agenda shall provide an opportunity for members of the public to address the legislative body directly pursuant to Section 54954.3 at each teleconference location. (4) For the purposes of this section, "teleconference" means a meeting of a legislative body, the members of which are in different locations, connected by electronic means, through either audio or video, or both. Nothing in this section shall prohibit a local agency from providing the public with additional teleconference locations. (c) (1) No legislative body shall take action by secret ballot, whether preliminary or final. (2) The legislative body of a local agency shall publicly report any action taken and the vote or abstention on that action of each member present for the action. (3) Prior to taking final action, the legislative body shall orally report a summary of a recommendation for a final action on the salaries, salary schedules, or compensation paid in the form of fringe benefits of a local agency executive, as defined in subdivision (d) of Section 3511.1, during the open meeting in which the final action is to be taken. This paragraph shall not affect the public's right under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1) to inspect or copy records created or received in the process of developing the recommendation. (d) (1) Notwithstanding the provisions relating to a quorum in paragraph (3) of subdivision (b), if a health authority conducts a teleconference meeting, members who are outside the jurisdiction of the authority may be counted toward the establishment of a quorum when participating in the teleconference if at least 50 percent of the number of members that would establish a quorum are present within the boundaries of the territory over which the authority exercises jurisdiction, and the health authority provides a teleconference number, and associated access codes, if any, that allows any person to call in to participate in the meeting and the number and access codes are identified in the notice and agenda of the meeting. (2) Nothing in this subdivision shall be construed as discouraging health authority members from regularly meeting at a common physical site within the jurisdiction of the authority or from using teleconference locations within or near the jurisdiction of the authority. A teleconference meeting for which a quorum is established pursuant to this subdivision shall be subject to all other requirements of this section. (3) For purposes of this subdivision, a health authority means any entity created pursuant to Sections 14018.7, 14087.31, 14087.35, 14087.36, 14087.38, and 14087.9605 of the Welfare and Institutions Code, any joint powers authority created pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 for the purpose of contracting pursuant to Section 14087.3 of the Welfare and Institutions Code, and any advisory committee to a county -sponsored health plan licensed pursuant to Chapter 2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code if the advisory committee has 12 or more members. (e) (1) A local agency may use teleconferencing without complying with the requirements of paragraph (3) of subdivision (b) if the legislative body complies with the requirements of paragraph (2) of this subdivision in any of the following circumstances: (A) The legislative body holds a meeting during a proclaimed state of emergency, and state or local officials have imposed or recommended measures to promote social distancing. (B) The legislative body holds a meeting during a proclaimed state of emergency for the purpose of determining, by majority vote, whether as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees. https://leginfo.legislature.ca.gov/faces/bilINavClient.xhtml?bill_id=202120220AB361 6/13 11/23/21, 2:53 PM Bill Text -AB-361 Open meetings: state and local agencies: teleconferences. (C) The legislative body holds a meeting during a proclaimed state of emergency and has determined, by majority vote, pursuant to subparagraph (B), that, as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees. (2) A legislative body that holds a meeting pursuant to this subdivision shall do all of the following: (A) The legislative body shall give notice of the meeting and post agendas as otherwise required by this chapter. (B) The legislative body shall allow members of the public to access the meeting and the agenda shall provide an opportunity for members of the public to address the legislative body directly pursuant to Section 54954.3. In each instance in which notice of the time of the teleconferenced meeting is otherwise given or the agenda for the meeting is otherwise posted, the legislative body shall also give notice of the means by which members of the public may access the meeting and offer public comment. The agenda shall identify and include an opportunity for all persons to attend via a call -in option or an internet-based service option. This subparagraph shall not be construed to require the legislative body to provide a physical location from which the public may attend or comment. (C) The legislative body shall conduct teleconference meetings in a manner that protects the statutory and constitutional rights of the parties and the public appearing before the legislative body of a local agency. (D) In the event of a disruption which prevents the public agency from broadcasting the meeting to members of the public using the call -in option or internet-based service option, or in the event of a disruption within the local agency's control which prevents members of the public from offering public comments using the call -in option or internet-based service option, the body shall take no further action on items appearing on the meeting agenda until public access to the meeting via the call -in option or internet-based service option is restored. Actions taken on agenda items during a disruption which prevents the public agency from broadcasting the meeting may be challenged pursuant to Section 54960.1. (E) The legislative body shall not require public comments to be submitted in advance of the meeting and must provide an opportunity for the public to address the legislative body and offer comment in real time. This subparagraph shall not be construed to require the legislative body to provide a physical location from which the public may attend or comment. (F) Notwithstanding Section 54953.3, an individual desiring to provide public comment through the use of an internet website, or other online platform, not under the control of the local legislative body, that requires registration to log in to a teleconference may be required to register as required by the third -party internet website or online platform to participate. (G) (i) A legislative body that provides a timed public comment period for each agenda item shall not close the public comment period for the agenda item, or the opportunity to register, pursuant to subparagraph (F), to provide public comment until that timed public comment period has elapsed. (ii) A legislative body that does not provide a timed public comment period, but takes public comment separately on each agenda item, shall allow a reasonable amount of time per agenda item to allow public members the opportunity to provide public comment, including time for members of the public to register pursuant to subparagraph (F), or otherwise be recognized for the purpose of providing public comment. (iii) A legislative body that provides a timed general public comment period that does not correspond to a specific agenda item shall not close the public comment period or the opportunity to register, pursuant to subparagraph (F), until the timed general public comment period has elapsed. (3) If a state of emergency remains active, or state or local officials have imposed or recommended measures to promote social distancing, in order to continue to teleconference without compliance with paragraph (3) of subdivision (b), the legislative body shall, not later than 30 days after teleconferencing for the first time pursuant to subparagraph (A), (B), or (C) of paragraph (1), and every 30 days thereafter, make the following findings by majority vote: (A) The legislative body has reconsidered the circumstances of the state of emergency. (B) Any of the following circumstances exist: (i) The state of emergency continues to directly impact the ability of the members to meet safely in person. (ii) State or local officials continue to impose or recommend measures to promote social distancing. https://leginfo.legislature.ca.gov/faces/bilINavClient.xhtml?bill_id=202120220AB361 7/13 11/23/21, 2:53 PM Bill Text -AB-361 Open meetings: state and local agencies: teleconferences. (4) For the purposes of this subdivision, "state of emergency" means a state of emergency proclaimed pursuant to Section 8625 of the California Emergency Services Act (Article 1 (commencing with Section 8550) of Chapter 7 of Division 1 of Title 2). (f) This section shall remain in effect only until January 1, 2024, and as of that date is repealed. SEC. 3.1. Section 54953 of the Government Code is amended to read: 54953. (a) All meetings of the legislative body of a local agency shall be open and public, and all persons shall be permitted to attend any meeting of the legislative body of a local agency in person, except as otherwise provided in this chapter. Local agencies shall conduct meetings subject to this chapter consistent with applicable state and federal civil rights laws, including, but not limited to, any applicable language access and other nondiscrimination obligations. (b) (1) Notwithstanding any other provision of law, the legislative body of a local agency may use teleconferencing for the benefit of the public and the legislative body of a local agency in connection with any meeting or proceeding authorized by law. The teleconferenced meeting or proceeding shall comply with all otherwise applicable requirements of this chapter and all otherwise applicable provisions of law relating to a specific type of meeting or proceeding. (2) Teleconferencing, as authorized by this section, may be used for all purposes in connection with any meeting within the subject matter jurisdiction of the legislative body. All votes taken during a teleconferenced meeting shall be by rollcall. (3) If the legislative body of a local agency elects to use teleconferencing, it shall post agendas at all teleconference locations and conduct teleconference meetings in a manner that protects the statutory and constitutional rights of the parties or the public appearing before the legislative body of a local agency. Each teleconference location shall be identified in the notice and agenda of the meeting or proceeding, and each teleconference location shall be accessible to the public. During the teleconference, at least a quorum of the members of the legislative body shall participate from locations within the boundaries of the territory over which the local agency exercises jurisdiction, except as provided in subdivisions (d) and (e). The agenda shall provide an opportunity for members of the public to address the legislative body directly pursuant to Section 54954.3 at each teleconference location. (4) For the purposes of this section, "teleconference" means a meeting of a legislative body, the members of which are in different locations, connected by electronic means, through either audio or video, or both. Nothing in this section shall prohibit a local agency from providing the public with additional teleconference locations. (c) (1) No legislative body shall take action by secret ballot, whether preliminary or final. (2) The legislative body of a local agency shall publicly report any action taken and the vote or abstention on that action of each member present for the action. (3) Prior to taking final action, the legislative body shall orally report a summary of a recommendation for a final action on the salaries, salary schedules, or compensation paid in the form of fringe benefits of a local agency executive, as defined in subdivision (d) of Section 3511.1, during the open meeting in which the final action is to be taken. This paragraph shall not affect the public's right under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1) to inspect or copy records created or received in the process of developing the recommendation. (d) (1) Notwithstanding the provisions relating to a quorum in paragraph (3) of subdivision (b), if a health authority conducts a teleconference meeting, members who are outside the jurisdiction of the authority may be counted toward the establishment of a quorum when participating in the teleconference if at least 50 percent of the number of members that would establish a quorum are present within the boundaries of the territory over which the authority exercises jurisdiction, and the health authority provides a teleconference number, and associated access codes, if any, that allows any person to call in to participate in the meeting and the number and access codes are identified in the notice and agenda of the meeting. (2) Nothing in this subdivision shall be construed as discouraging health authority members from regularly meeting at a common physical site within the jurisdiction of the authority or from using teleconference locations within or near the jurisdiction of the authority. A teleconference meeting for which a quorum is established pursuant to this subdivision shall be subject to all other requirements of this section. https://leginfo.legislature.ca.gov/faces/bilINavClient.xhtml?bill_id=202120220AB361 8/13 11/23/21, 2:53 PM Bill Text -AB-361 Open meetings: state and local agencies: teleconferences. https:// (3) For purposes of this subdivision, a health authority means any entity created pursuant to Sections 14018.7, 14087.31, 14087.35, 14087.36, 14087.38, and 14087.9605 of the Welfare and Institutions Code, any joint powers authority created pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 for the purpose of contracting pursuant to Section 14087.3 of the Welfare and Institutions Code, and any advisory committee to a county -sponsored health plan licensed pursuant to Chapter 2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code if the advisory committee has 12 or more members. (e) (1) A local agency may use teleconferencing without complying with the requirements of paragraph (3) of subdivision (b) if the legislative body complies with the requirements of paragraph (2) of this subdivision in any of the following circumstances: (A) The legislative body holds a meeting during a proclaimed state of emergency, and state or local officials have imposed or recommended measures to promote social distancing. (B) The legislative body holds a meeting during a proclaimed state of emergency for the purpose of determining, by majority vote, whether as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees. (C) The legislative body holds a meeting during a proclaimed state of emergency and has determined, by majority vote, pursuant to subparagraph (B), that, as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees. (2) A legislative body that holds a meeting pursuant to this subdivision shall do all of the following: (A) The legislative body shall give notice of the meeting and post agendas as otherwise required by this chapter. (B) The legislative body shall allow members of the public to access the meeting and the agenda shall provide an opportunity for members of the public to address the legislative body directly pursuant to Section 54954.3. In each instance in which notice of the time of the teleconferenced meeting is otherwise given or the agenda for the meeting is otherwise posted, the legislative body shall also give notice of the means by which members of the public may access the meeting and offer public comment. The agenda shall identify and include an opportunity for all persons to attend via a call -in option or an internet-based service option. This subparagraph shall not be construed to require the legislative body to provide a physical location from which the public may attend or comment. (C) The legislative body shall conduct teleconference meetings in a manner that protects the statutory and constitutional rights of the parties and the public appearing before the legislative body of a local agency. (D) In the event of a disruption which prevents the public agency from broadcasting the meeting to members of the public using the call -in option or internet-based service option, or in the event of a disruption within the local agency's control which prevents members of the public from offering public comments using the call -in option or internet-based service option, the body shall take no further action on items appearing on the meeting agenda until public access to the meeting via the call -in option or internet-based service option is restored. Actions taken on agenda items during a disruption which prevents the public agency from broadcasting the meeting may be challenged pursuant to Section 54960.1. (E) The legislative body shall not require public comments to be submitted in advance of the meeting and must provide an opportunity for the public to address the legislative body and offer comment in real time. This subparagraph shall not be construed to require the legislative body to provide a physical location from which the public may attend or comment. (F) Notwithstanding Section 54953.3, an individual desiring to provide public comment through the use of an internet website, or other online platform, not under the control of the local legislative body, that requires registration to log in to a teleconference may be required to register as required by the third -party internet website or online platform to participate. (G) (i) A legislative body that provides a timed public comment period for each agenda item shall not close the public comment period for the agenda item, or the opportunity to register, pursuant to subparagraph (F), to provide public comment until that timed public comment period has elapsed. (ii) A legislative body that does not provide a timed public comment period, but takes public comment separately on each agenda item, shall allow a reasonable amount of time per agenda item to allow public members the opportunity to provide public comment, including time for members of the public to register pursuant to subparagraph (F), or otherwise be recognized for the purpose of providing public comment. eginfo.legislature.ca.gov/faces/bilINavClient.xhtml?bill_id=202120220AB361 9/13 11/23/21, 2:53 PM Bill Text -AB-361 Open meetings: state and local agencies: teleconferences. (iii) A legislative body that provides a timed general public comment period that does not correspond to a specific agenda item shall not close the public comment period or the opportunity to register, pursuant to subparagraph (F), until the timed general public comment period has elapsed. (3) If a state of emergency remains active, or state or local officials have imposed or recommended measures to promote social distancing, in order to continue to teleconference without compliance with paragraph (3) of subdivision (b), the legislative body shall, not later than 30 days after teleconferencing for the first time pursuant to subparagraph (A), (B), or (C) of paragraph (1), and every 30 days thereafter, make the following findings by majority vote: (A) The legislative body has reconsidered the circumstances of the state of emergency. (B) Any of the following circumstances exist: (i) The state of emergency continues to directly impact the ability of the members to meet safely in person. (ii) State or local officials continue to impose or recommend measures to promote social distancing. (4) For the purposes of this subdivision, "state of emergency" means a state of emergency proclaimed pursuant to Section 8625 of the California Emergency Services Act (Article 1 (commencing with Section 8550) of Chapter 7 of Division 1 of Title 2). (f) This section shall remain in effect only until January 1, 2024, and as of that date is repealed. SEC. 4. Section 54953 is added to the Government Code, to read: 54953. (a) All meetings of the legislative body of a local agency shall be open and public, and all persons shall be permitted to attend any meeting of the legislative body of a local agency, except as otherwise provided in this chapter. (b) (1) Notwithstanding any other provision of law, the legislative body of a local agency may use teleconferencing for the benefit of the public and the legislative body of a local agency in connection with any meeting or proceeding authorized by law. The teleconferenced meeting or proceeding shall comply with all requirements of this chapter and all otherwise applicable provisions of law relating to a specific type of meeting or proceeding. (2) Teleconferencing, as authorized by this section, may be used for all purposes in connection with any meeting within the subject matter jurisdiction of the legislative body. All votes taken during a teleconferenced meeting shall be by rollcall. (3) If the legislative body of a local agency elects to use teleconferencing, it shall post agendas at all teleconference locations and conduct teleconference meetings in a manner that protects the statutory and constitutional rights of the parties or the public appearing before the legislative body of a local agency. Each teleconference location shall be identified in the notice and agenda of the meeting or proceeding, and each teleconference location shall be accessible to the public. During the teleconference, at least a quorum of the members of the legislative body shall participate from locations within the boundaries of the territory over which the local agency exercises jurisdiction, except as provided in subdivision (d). The agenda shall provide an opportunity for members of the public to address the legislative body directly pursuant to Section 54954.3 at each teleconference location. (4) For the purposes of this section, "teleconference" means a meeting of a legislative body, the members of which are in different locations, connected by electronic means, through either audio or video, or both. Nothing in this section shall prohibit a local agency from providing the public with additional teleconference locations (c) (1) No legislative body shall take action by secret ballot, whether preliminary or final. (2) The legislative body of a local agency shall publicly report any action taken and the vote or abstention on that action of each member present for the action. (3) Prior to taking final action, the legislative body shall orally report a summary of a recommendation for a final action on the salaries, salary schedules, or compensation paid in the form of fringe benefits of a local agency executive, as defined in subdivision (d) of Section 3511.1, during the open meeting in which the final action is to be taken. This paragraph shall not affect the public's right under the California Public Records Act (Chapter 3.5 https://leginfo.legislature.ca.gov/faces/bilINavClient.xhtml?bill_id=202120220AB361 10/13 11/23/21, 2:53 PM Bill Text -AB-361 Open meetings: state and local agencies: teleconferences. (commencing with Section 6250) of Division 7 of Title 1) to inspect or copy records created or received in the process of developing the recommendation. (d) (1) Notwithstanding the provisions relating to a quorum in paragraph (3) of subdivision (b), if a health authority conducts a teleconference meeting, members who are outside the jurisdiction of the authority may be counted toward the establishment of a quorum when participating in the teleconference if at least 50 percent of the number of members that would establish a quorum are present within the boundaries of the territory over which the authority exercises jurisdiction, and the health authority provides a teleconference number, and associated access codes, if any, that allows any person to call in to participate in the meeting and the number and access codes are identified in the notice and agenda of the meeting. (2) Nothing in this subdivision shall be construed as discouraging health authority members from regularly meeting at a common physical site within the jurisdiction of the authority or from using teleconference locations within or near the jurisdiction of the authority. A teleconference meeting for which a quorum is established pursuant to this subdivision shall be subject to all other requirements of this section. (3) For purposes of this subdivision, a health authority means any entity created pursuant to Sections 14018.7, 14087.31, 14087.35, 14087.36, 14087.38, and 14087.9605 of the Welfare and Institutions Code, any joint powers authority created pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 for the purpose of contracting pursuant to Section 14087.3 of the Welfare and Institutions Code, and any advisory committee to a county -sponsored health plan licensed pursuant to Chapter 2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code if the advisory committee has 12 or more members. (e) This section shall become operative January 1, 2024. SEC. 4.1. Section 54953 is added to the Government Code, to read: 54953. (a) All meetings of the legislative body of a local agency shall be open and public, and all persons shall be permitted to attend any meeting of the legislative body of a local agency, in person except as otherwise provided in this chapter. Local agencies shall conduct meetings subject to this chapter consistent with applicable state and federal civil rights laws, including, but not limited to, any applicable language access and other nondiscrimination obligations. (b) (1) Notwithstanding any other provision of law, the legislative body of a local agency may use teleconferencing for the benefit of the public and the legislative body of a local agency in connection with any meeting or proceeding authorized by law. The teleconferenced meeting or proceeding shall comply with all requirements of this chapter and all otherwise applicable provisions of law relating to a specific type of meeting or proceeding. (2) Teleconferencing, as authorized by this section, may be used for all purposes in connection with any meeting within the subject matter jurisdiction of the legislative body. All votes taken during a teleconferenced meeting shall be by rollcall. (3) If the legislative body of a local agency elects to use teleconferencing, it shall post agendas at all teleconference locations and conduct teleconference meetings in a manner that protects the statutory and constitutional rights of the parties or the public appearing before the legislative body of a local agency. Each teleconference location shall be identified in the notice and agenda of the meeting or proceeding, and each teleconference location shall be accessible to the public. During the teleconference, at least a quorum of the members of the legislative body shall participate from locations within the boundaries of the territory over which the local agency exercises jurisdiction, except as provided in subdivision (d). The agenda shall provide an opportunity for members of the public to address the legislative body directly pursuant to Section 54954.3 at each teleconference location. (4) For the purposes of this section, "teleconference" means a meeting of a legislative body, the members of which are in different locations, connected by electronic means, through either audio or video, or both. Nothing in this section shall prohibit a local agency from providing the public with additional teleconference locations. (c) (1) No legislative body shall take action by secret ballot, whether preliminary or final. (2) The legislative body of a local agency shall publicly report any action taken and the vote or abstention on that action of each member present for the action. https://leginfo.legislature.ca.gov/faces/bilINavClient.xhtml?bill_id=202120220AB361 11/13 11/23/21, 2:53 PM Bill Text -AB-361 Open meetings: state and local agencies: teleconferences. (3) Prior to taking final action, the legislative body shall orally report a summary of a recommendation for a final action on the salaries, salary schedules, or compensation paid in the form of fringe benefits of a local agency executive, as defined in subdivision (d) of Section 3511.1. during the open meeting in which the final action is to be taken. This paragraph shall not affect the public's right under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1) to inspect or copy records created or received in the process of developing the recommendation. (d) (1) Notwithstanding the provisions relating to a quorum in paragraph (3) of subdivision (b), if a health authority conducts a teleconference meeting, members who are outside the jurisdiction of the authority may be counted toward the establishment of a quorum when participating in the teleconference if at least 50 percent of the number of members that would establish a quorum are present within the boundaries of the territory over which the authority exercises jurisdiction, and the health authority provides a teleconference number, and associated access codes, if any, that allows any person to call in to participate in the meeting and the number and access codes are identified in the notice and agenda of the meeting. (2) Nothing in this subdivision shall be construed as discouraging health authority members from regularly meeting at a common physical site within the jurisdiction of the authority or from using teleconference locations within or near the jurisdiction of the authority. A teleconference meeting for which a quorum is established pursuant to this subdivision shall be subject to all other requirements of this section. (3) For purposes of this subdivision, a health authority means any entity created pursuant to Sections 14018.7, 14087.31, 14087.35, 14087.36, 14087.38, and 14087.9605 of the Welfare and Institutions Code, any joint powers authority created pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 for the purpose of contracting pursuant to Section 14087.3 of the Welfare and Institutions Code, and any advisory committee to a county -sponsored health plan licensed pursuant to Chapter 2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code if the advisory committee has 12 or more members. (e) This section shall become operative January 1, 2024. SEC. 5. Sections 3.1 and 4.1 of this bill incorporate amendments to Section 54953 of the Government Code proposed by both this bill and Assembly Bill 339. Those sections of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2022, but this bill becomes operative first, (2) each bill amends Section 54953 of the Government Code, and (3) this bill is enacted after Assembly Bill 339, in which case Section 54953 of the Government Code, as amended by Sections 3 and 4 of this bill, shall remain operative only until the operative date of Assembly Bill 339, at which time Sections 3.1 and 4.1 of this bill shall become operative. SEC. 6. It is the intent of the Legislature in enacting this act to improve and enhance public access to state and local agency meetings during the COVID-19 pandemic and future applicable emergencies, by allowing broader access through teleconferencing options consistent with the Governor's Executive Order No. N-29-20 dated March 17, 2020, permitting expanded use of teleconferencing during the COVID-19 pandemic. SEC. 7. The Legislature finds and declares that Sections 3 and 4 of this act, which amend, repeal, and add Section 54953 of the Government Code, further, within the meaning of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the purposes of that constitutional section as it relates to the right of public access to the meetings of local public bodies or the writings of local public officials and local agencies. Pursuant to paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the Legislature makes the following findings: This act is necessary to ensure minimum standards for public participation and notice requirements allowing for greater public participation in teleconference meetings during applicable emergencies. SEC. 8. (a) The Legislature finds and declares that during the COVID-19 public health emergency, certain requirements of the Bagley -Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code) were suspended by Executive Order N-29-20. Audio and video teleconference were widely used to conduct public meetings in lieu of physical location meetings, and public meetings conducted by teleconference during the COVID-19 public health emergency have been productive, have increased public participation by all members of the public regardless of their location in the state and ability to travel to physical meeting locations, have protected the health and safety of civil servants and the public, and have reduced travel costs incurred by members of state bodies and reduced work hours spent traveling to and from meetings. https://leginfo.legislature.ca.gov/faces/bilINavClient.xhtml?bill_id=202120220AB361 12/13 11/23/21, 2:53 PM Bill Text -AB-361 Open meetings: state and local agencies: teleconferences. (b) The Legislature finds and declares that Section 1 of this act, which adds and repeals Section 89305.6 of the Education Code, Section 2 of this act, which adds and repeals Section 11133 of the Government Code, and Sections 3 and 4 of this act, which amend, repeal, and add Section 54953 of the Government Code, all increase and potentially limit the public's right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest: (1) By removing the requirement that public meetings be conducted at a primary physical location with a quorum of members present, this act protects the health and safety of civil servants and the public and does not preference the experience of members of the public who might be able to attend a meeting in a physical location over members of the public who cannot travel or attend that meeting in a physical location. (2) By removing the requirement for agendas to be placed at the location of each public official participating in a public meeting remotely, including from the member's private home or hotel room, this act protects the personal, private information of public officials and their families while preserving the public's right to access information concerning the conduct of the people's business. SEC. 9. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are: In order to ensure that state and local agencies can continue holding public meetings while providing essential services like water, power, and fire protection to their constituents during public health, wildfire, or other states of emergencies, it is necessary that this act take effect immediately. https://leginfo.legislature.ca.gov/faces/bilINavClient.xhtml?bill_id=202120220AB361 13/13 To: Date: From: STAFF REPORT Honorable Mayor and City Council February 22, 2022 AGENDA NO: 8c MEETING DATE: February 22, 2022 Syed Murtuza, Director of Public Works — (650) 558-7230 Subject: Adoption of a Resolution Accepting the Police Department Jail Interior Remodel by Southwest Construction & Property Management, City Project No. 85370/85470 RECOMMENDATION Staff recommends that the City Council adopt the attached resolution accepting the Police Department Jail Interior Remodel, by Southwest Construction & Property Management, City Project No. 85370/85470, in the amount of $470,385.87. BACKGROUND On February 16, 2021, the City Council awarded the Police Department Jail Interior Remodel to Southwest Construction & Project Management, in the amount of $443,000. The project involved converting the Police Department's existing three -cell jail at 1111 Trousdale Drive to sleeping quarters for police officers, allowing staff who commute long distances to rest prior to or after working their shift. DISCUSSION The project has been satisfactorily completed in compliance with the plans and specifications. The final construction cost is $470,385.87, which is $27,385.87 higher than the original contract price, and within the Council -approved contingencies. The increase in cost was due to unforeseen conditions and staff -requested changes during construction. Unforeseen conditions included removal of a concrete ceiling overlay and a metal deck that were discovered during demolition, relocating a water line to provide clearance for the shower drain, and repairing the roof and adding a new roof drain to address a leak. The staff -requested changes included installing concrete masonry units to match the existing wall material, installing an NAC (Notification Appliance Circuit) power booster supply for the fire alarm system, and applying sealer to the bathroom tiles. 1 Resolution Accepting the Police Department Jail Interior Remodel February 22, 2022 FISCAL IMPACT The following are the estimated final project expenditures: Construction $470,385 Architectural Construction Services $6,115 Staff Time and Engineering Administration $13,500 Total $490,000 There are adequate funds available in the budget to cover the estimated final costs. Exhibits: • Resolution • Final Progress Payment • Project Location Map 2 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME ACCEPTING IMPROVEMENTS — POLICE DEPARTMENT JAIL INTERIOR REMODEL BY SOUTHWEST CONSTRUCTION & PROPERTY MANAGEMENT CITY PROJECT NO. 85370/85470 RESOLVED by the CITY COUNCIL of the City of Burlingame, California, and this Council does hereby find, order and determine as follows: 1. The Director of Public Works of said City has certified the work done by Southwest Construction & Property Management, under the terms of its contract with the City dated May 7,2021, 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. 85370/85470 3. Said work be and the same hereby is accepted. Ricardo Ortiz, Mayor I, Meaghan Hassel Shearer, City Clerk of the City of Burlingame, do hereby certify that the foregoing Resolution was introduced at a regular meeting of the City Council held on the 22nd day of February, 2022, and was adopted thereafter by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: Meaghan Hassel -Shearer, City Clerk CONTRACTOR: Southwest Construction & Property Management CITY OF BURLINGAME DATE December 22, 2021 ADDRESS: 1213 San Mateo Ave. PAYMENT NO. 6 FOR THE MONTH OF December-21 San Bruno, CA 94066 Police Department Interior jail Remodel CONTRACT NUMBER # 322022 TELEPHONE: 650-877-0717 CITY PROJECT NO. 85370 / 85470 ....................................................................................... ................................... ............ ........................ .--- ..... ................ ................. m.............................................................. ITEM : UNIT BID : UNIT BID QUANTITY : % AMOUNT PREVIOUS AMOUNT # : ITEM DESCRIPTION PRICE : QUANTITY: SIZE AMOUNT TO DATE PAID TO DATE PAID THIS PMT. 1 Bonds $ 4,430.00 1 LS $ 4,430.00 1.0000 : 100.00% : $ 4,430 $ 4,430.00 $ 2 $ $ $ $ 3 : General Requirements $ 10,000.00 1 LS $ 10,000.00 1.0000 : 100.00% : $ 10,000 $ 9,500.00 $ 500.00 4 Mobilization $ 11,070.00 1 LS $ 11,070.00 1.0000 100.00% $ 11,070 $ 11,070.00 $ - 5 Scanning $ 2,100.00 1 LS $ 2,100.00 1.0000 100.00% $ 2,100 $ 2,100.00 $ 6 Demolition $ 102,000.00 1 LS $ 102,000.00 1.0000 100.00% $ 102,000 $ 102,000.00 $ 7 Patch Floor & Wall $ 3,200.00 1 LS $ 3,200.00 1.0000 100.00% $ 3,200 $ 3,200.00 $ 8 Enlarge Openings $ 3,600.00 1 LS $ 3,600.00 1.0000 100.00% $ 3,600 $ 3,600.00 $ 9 Frame Walls & Ceilings $ 21,500.00 1 LS $ 21,500.00 1.0000 100.00% $ 21,500 $ 21,500.00 $ 10 Drywall, tile backing board, Wall Finishes $ 33,800.00 1 LS $ 33,800.00 1.0000 100.00% $ 33,800 $ 33,800.00 $ 11 : Insulation $ 1,300.00 1 LS $ 1,300.00 1.0000 : 100.00% : $ 1,300 $ 1,300.00 $ 12 : Install New Suspended Acoustical Ceilings $ 8,000.00 1 LS $ 8,000.00 1.0000 : 100.00% $ 8,000 $ 8,000.00 $ 13 : Install Doors and Door Stops $ 22,000.00 1 LS $ 22,000.00 1.0000 : 100.00% : $ 22,000 $ 22,000.00 $ 14 Accessories $ 2,800.00 1 LS $ 2,800.00 1.0000 100.00% $ 2,800 $ 2,800.00 $ 15 Install Signs $ 400.00 1 LS $ 400.00 1.0000 100.00% $ 400 $ 400.00 $ 16 Install Flooring $ 5,700.00 1 LS $ 5,700.00 1.0000 100.00% $ 5,700 $ 5,700.00 $ 17 Painting $ 9,000.00 1 LS $ 9,000.00 1.0000 100.00% $ 9,000 $ 9,000.00 $ - 18 Install Ceramic Tiles $ 13,000.00 1 LS $ 13,000.00 1.0000 100.00% $ 13,000 $ 11,700.00 $ 1,300.00 19 Install Fire Sprinklers $ 12,300.00 1 LS $ 12,300.00 1.0000 100.00% $ 12,300 $ 12,300.00 $ - 20 : Electrical $ 100,000.00 1 LS $ 100,000.00 1.0000 : 100.00% $ 100,000 $ 95,000.00 $ 5,000.00 21 : Plumbing $ 42,000.00 1 LS $ 42,000.00 1.0000 : 100.00% : $ 42,000 $ 42,000.00 $ - 22 : HVAC $ 21,000.00 1 LS $ 21,000.00 1.0000 : 100.00% $ 21,000 $ 18,900.00 $ 2,100.00 23 $ - 24 : Punch List $ 2,500.00 1 LS $ 2,500.00 1.0000 100.00% $ 2,500 $ $ 2,500.00 25 : Clean-Up/Demobilization $ 6,500.00 1 LS $ 6,500.00 1.0000 : 100.00% : $ 6,500 $ $ 6,500.00 26 : Closeout Documents $ 4,800.00 1 LS $ 4,800.00 1.0000 : 100.00% $ 4,800 $ $ 4,800.00 PROJECT TOTAL $443,000.00 $ 443,000.00 $ 443,000.00 $ 420,300.00 $ 22,700.00 CHANGE ORDERS CCO UNIT CCO UNIT BID QUANTITY : % AMOUNT PREVIOUS AMOUNT # ........................................................................................................................................................................................................................................................................................ : DESCRIPTION PRICE : QUANTITY: SIZE AMOUNT TO DATE PAID TO DATE PAID THIS PMT. CO1 Removal of a lightweight concrete slab and metal q-decking located $ 12,571.55 1 1 $ 12,571.55 1 100.00% $ 12,571.55 $ 12,571.55 $ above existing ceiling in the holding area CO2 : In lieu of stud and qvp board to fill openings in CMU wall $ 4,255.98 1 1 $ 4,255.98 1 100.00% : $ 4,255.98 $ 4,255.98 $ CO3 : Not installinq sub electrical panel BLA as revonse to RFI 9 $ (6,308.98) 1 1 $ (6,308.98) : 1 100.00% $ (6,308.98) $ (6,308.98) $ C04 Relocating water line in garage to provide clearance for shower drain $ 704.00 1 1 $ 704.00 1 100.00% : $ 704.00 $ 704.00 $ as Der PCO5 C05 Install a NAC booster power supply with backup batteries for the fire 2,588.84 1 1 2,588.84 1 100.00% 2,588.84 2,588.84 alarm system $ $ : $ $ $ CO6 roof drain and repair roof membrane in the area over the 12,925.00 1 12,925.00 1 100.00% 12,925.00 12,925.00 : Pdodencew jt $ 1 $ : $ $ $ - CO7 : Install sealer on bathroom tiles $ 649.48 1 1 $ 649.48 1 100.00% $ 649.48 $ 649.48 CHANGE ORDERS TOTAL $ 27,385.87 $ 27,385.87 $ 26,736.39 $ 649.48 DEDUCTIONS: ........................................................................................................................................................................................................................................................................................ TOTAL DEDUCTIONS $ $ - : $ - : $ DATE PREPARED BY: Marie Galvin 1/5/2022 SUBTOTAL' *********** ----- ...........-- $ 470,385.87 $ 447,036.39 $ 23,349.48 LESS FIVE (5%) PERCENT RETENTION $ (23,519.29) $ (22,351.82) $ (1,167.47) CHECKED BY: ................................................. APPROVED BY SUBTOTAL WITHOUT DEDUCTIONS $ 446,866.58 $ 424,684.57 $ 22,182.01 POLICE CAPTAIN: Robert Boll AMOUNT DUE FROM CONTRACTOR $ - $ - $ - APPROVED BY ------ ........------...........--- CONSULTANT: TOTAL THIS PERIOD """""""""""' ................................................. $ ----------------- ----------------- 446,866.58 $ --------------- --------------- 424,684.57 $ ---------------------- ---------------------- 22,182.01 APPLICATION AND CERTIFICATE FOR PAYMENT AIA DOCUMENT G702/CMa PAGE ONE OF I PAGE TO OWNER: PROJECT: Police Department Jail Interior Remodel APPLICATION NO: #6 Distribution to: City of Burlingame DATE: 12/20/2021 X]OWNER 501 Primrose Road PERIOD TO: 12/1/2021 - 12/31/2021 CONSTRUCTION Burlingame, CA 94010 SENIOR ENGINEER: Kevin Okada CITY PROJECT NO.: 85370/85470 MANAGER FROM CONTRACTOR: VIA CONSTRUCTION MANAGER: Ed Slintak CONTRACT DATE: 5/7/2021 ARCHITECT Southwest Construction & Property Management CSG Consultants, Inc. CONTRACTOR 1213 San Mateo Avenue San Bruno, CA 94066 CONTRACTOR'S APPLICATION FOR PAYMENT Application is made for payment, as shown below, in connection with the Contract. The undersigned Contractor certifies that to the best of the Contractor's knowledge, information and belief the Work covered by this Application for Payment Continuation Sheet, AIA Document G703, is attached. has been completed in accordance with the Contract Documents, that all amounts have been paid by the Contractor for Work for which previous Certificates for Payment were issued and 1. ORIGINAL CONTRACT SUM $ 443,000.00 payments received from the Owner, and that current payment shown herein is now due. 2. Net change by Change Orders $ _7, 5. 7 CONTRACTO/ 3. CONTRACT SUM TO DATE (Line l t 2) $ 7 5 7 4. TOTAL COMPLETED & STORED TO DATE $ 4 7 5. 7 (Column G on G703) 5, RETAINAGE:� v By: jU �scirt�{ Date: 28 Z a. 5 % of Completed Work $ 23,519.29 (Zolumn D + E on G703) State .t California County, of- San Mateo b. % of Stored Material $ Subscribed and sworn to (or affirmed) before y 2021, (Z'Tmn F on G703) Total Retainage (Lines Sa + Sb or by Yvette M. Gardner C� Proved to me 1s of satisfactory`edr�3"e to be the person(s) who appetiretrUefore me. Total in Column I of G703) $ 23,519.29 6. TOTAL EARNED LESS RETAINAGE $ 446,866.58 (Line 4 less Line 5 'Total) 7. LESS PREVIOUS CERTIFICATES FOR PAYMENT (Line 6 from prior Certificate) $ 424,684.57 8. CURRENT PAYMENT DUE 9. BALANCE TO FINISH, INCLUDING RETAINAGE $ 23,519,29 (Line 3 less Line 6) CHANUE ORDER SUMMARY AUD111ONS DEDUCTIONS Total changes approve in previous months by Owner $26,736.39 Total approved this Month $649.48 TOTALS1 $27,385.87 $0.00 NET CHANGES by Change Order 1$27,385.87 In accordance with the Contract Documents, based on on -site observations and the data comprising this application, the Construction Manager and Architect certify to the Owner that to the best of their knowledge, information and belief the Work has progressed as indicated, the quality of the Work is in accordance with the Contract Documents, and the Contractor is entitled to payment of the AMOUNT CERTIFIED. AMOUNT CERTIFIED $ (Attach explanation ifamount certified differs from the amount applied for. Initial all figures on this Application and on the Continuation Sheet that changed to conform to the amount certified.) CONSTRUCTION MANAGER: By: Date: OWNER: By: Date: This Certificate is not negotiable. The AMOUNT CERTIFIED is payable only to the Contractor named herein. Issuance, payment and acceptance of payment are without preiudice to anv riPhts of the Owner nr Cnntra tnr _,ia th;. r..,,t.— n-..uv1QmM c 1IUN - Iaaz tul I IUN ' AIA®- ®1992 G702/CMa-1992 THE AMERICAN INSTITUTE OF ARCHITECTS, 1745 NEW YORK AVE., N.W., WASHINGTON, DC 20OM5292 Users may obtain validation of this document by requesting of the license a completed AIA Document D401 - Certification of Document's Authenticity A notary public or other officer completing 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 validity of that document. State of California County of San Mateo Subscribed and sworn to (or affirmed) before me on this 20th day of December , 20 21 , by Yvette Gardner proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. RAYA KAKISH Notary Public • California San Mateo County ommisslon N I336165 lim. Expires Oct 21, 2624 F Signature azt'�q"12— CONTINUATION SHEET Police Department Jail Interior Remodel AIA Document G702, APPLICATION AND CERTIFICATE FOR PAYMENT, APPLICATION NO.: 6 containing Contractor's signed Certification, is attached. APPLICATION DATE: 20-Dec-21 In tabulations below, amounts are stated to the nearest dollar. Use Column I on Contracts where variable retainage for line items may apply. PERIOD TO: 31-D@C-21 CITY PROJECT NO: 85370/8547 A ITEM N0. B DESCRIPTION OF WORK C SCHEDULED VALUE D E WORK COMPLETED F MATERIALS PRESENTLY STORED (NOT IN D OR E) G TOTAL COMPLETED AND STORED TO DATE % (G -C) (D+E+F) H I FINISH (C G) RETAINAGE (IF VARIABLE RATE) FROM PREVIOUS APPLICATION % THIS PERIOD % 1 2 Bonds $ 4,430.00 $ 4,430.00 100.00% $ - $ 4,430.00 100.00% $ $ 221.50 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 General Requirements Mobilization Scanning Demolition Patch Floor & Wall Enlarge Openings Frame Walls, Ceiling Drywall, Tile Backing Board, Wall Finishes Insulation Install New suspended Acoustical Ceilings Install Doors and Door Stops Accessories Install Signs Install Flooring Painting Install Ceramic Tiles Install Fire Sprinklers Electrical Plumbing HVAC $ 10,000.00 $ 11,070.00 $ 2,100.00 $ 102,000.00 $ 3,200.00 $ 3,600.00 $ 21,500.00 $ 33,800.00 $ 1,300.00 $ 8,000.00 $22,000.00 $2,80000 $ 400.00 $ 5,700.00 $ 9,000.00 $ 13,000.00 $ 12,300.00 $ 100,000.00 $ 42,000.00 $ 21,000.00 $ 9,500.00 $ 11,070.00 $ 2,100.00 $ 1g.00 $ .00 $ .00 $ .00 $ 33,800.00 $ 1,300.00 $ 8,000.00 $22,000.00 $ 2,800.00 $400.00 $ 5,700.00 $ 9,000.00 $ 11,700.00 $ 12,300.00 $ 95,000.00 $ 42,000.00 $ 18,900.00 95.00% 100.000% 100.00% 100.00% 100.00% 100.00%$ 100.00% 100.00% 100.00°% 100.00% 100.00% 100,00% 100.00% 100.00% 100.00% 90.00% 100.00% 95.00% 100.00% 90.00% $ 500.00 $ - $ $ $ $ $ $ $ $ $- $ - $ $ 1,300.00 $ $ 5,D00.00 $ 2,100.00 5.00% 10.00% 5.00% 10.00% $ 10,000.00 $ 11,070.00 $ 2,100.00 $ 102,000,00 $ 3,200.00 3,600.00 $ 21,500.00 $ 33,800.00 $ 1,300.00 $ 8,000.00 $ 22,000.00 $ 2,800.00 $ 400.00 5,700.00 $ 9,000.00 $ 13,000.00 $ 12'300.00 $ 100,000.00 $ 42,000.00 $ 21,000.00 100.00% 100.00% 100.00% 100.00% 100.00% 100.00% 100.00% 100.00% 100.00% 100.000% 100.00% 100.00% 100.000 100.00% 100,00% 100.00% 100.00o/ 100.00% 100.00% 100.00% $ $ $ $ $ $$9 $ $ - $ $ $ $ $ $ $ $ $ $ $ - $ $ 500.00 $ 553.50 $ 105.00 $ 5,100.00 $ 160.00 $ 1,075.00 $ 1,690.00 V$400.00 $ 285.00 $ 450.00 $ 650,00 $ 615.00 $ 5,000.00 $ 2,100.00 $ 1,050.00 24 25 26 27 Punchlist Clean-Up/Demobilization Closeout Documents $ 2,500.00 $ 6,500.00 $ 4,800.00 $ $ - $ - $ 2,500.00 $ 6,500.00 $ 4.800. 0 100.00% 100.00% -100.00% $ 2,500.00 $ 6,500.00 $ 4,800.00 100.00% 100.00% 100.00% $ - $ $ $ 125.00 $ 325.00 $ 240.00 28 29 30 CCO #1 -Removal of a Lightweight Concrete Slab $ 443,000.00 $ 420,300.00 94.88% $ 22,700.00 5.12% $ $ 443,000.00 100.00% $ $ 22,150.00 & Metal Q-Decking Located Above Existing Ceiling 31 in the Holding Cell Area CCO #2 - In Lieu of Stud & Gyp Board to Fill $ 12,571.55 $ 12,571.55 100.00% $ $ 12,571.55 100.00% $ $ 628.58 32 Openings in CMU Wall $ 4,255.98 $ 4,255.98 100.00% $ $ 4,255.98 100.00% $ $ 212.80 CONTINUATION SHEET Police Department Jail Interior Remodel AIA Document G702, APPLICATION AND CERTIFICATE FOR PAYMENT, APPLICATION NO.: 6 containing Contractor's signed Certification, is attached. In tabulations below, amounts are stated to the nearest dollar. APPLICATION DATE: 20-DeC-Dec Use Column I on Contracts where variable retainage for line items may apply. PERIOD TO: 31-D2C-21 CITY PROJECT NO: 85370/8547 A B C D E F G H I DESCRIPTION OF WORK__ WORK COMPLETED MATERIALS TOTAL ITEM N0. SCHEDULED PRESENTLY COMPLETED AND ° BALANCE TO RETAINAGE VALUE FROM PREVIOUS % THIS PERIOD % STORED (NOT STORED TO DATE !° (G=C) FINISH (C • G) (IF VARIABLE APPLICATION IN D OR E) (D+E+F) RATE) CCO #3 -Not Installing Sub Electrical Panel BLA $ 315.45—) (- 33 as Response to RA #009 & PCO #4 _ ($6,308.98) $ — (6,308.98) 100.00% $ ---- — $ (6,308.98) 100.00% $ - CCO #4 - Relocating Water Line in Garage Area to — — -- -- — -- — --- — Provide Clearance for Shower Drain Line as per 34 PCO #5 $ 704.00 $ — 704.00 100.00% $ $ 704.00 100.00% $ $ 35.20 CCO #5 - Install a NAC Booster Power Supply with - — -- — — - - — 35 Back -Up Batteries for the Fire Alarm System $ 2,588.84 $ 2,588.84 100.00% $ $ 2,588.84 100.00% $ $ 129.44 CCO #6 - Add New Roof Drain & Repair Roof - ---- - - --- — —_ Membrane in the Area Over the Project _ $ 12,925.00 $ 12,925.00 100.00% $ $ 12,925.00 100.00% $ $ 646.25 CCO #7 -Install Sealer on Bathroom Tiles $ 649.48 --- $ $ 649.48 100.00% $ 649.48 100.00% $ $ 32.47 36 - - ----- — -- — -- $ 27,385.87 $ 26,736.39 $ 649.48 1 $ - $ 27,385.87 1 100.00% $ $ - $ 470,385.87 $ 447,036.39 95.04% $ 23,349.48 4.96110 $ $ 470,385.87 100.00% $ $ 22,150.00 CURRENT GROSS BILLING = $ 23,349.48 CURRENT RETAINAGE _ $ 22,150.00 CURRENT NET BILLING = $ 1,199.48 CONDITIONAL WAIVER AND RELEASE UPON PROGRESS PAYMENT NOTICE: THIS DOCUMENT WAIVES THE CLAIMANT'S LIEN, STOP PAYMENT NOTICE, AND PAYMENT BOND RIGHTS EFFECTIVE ON RECEIPT OF PAYMENT. A PERSON SHOULD NOT RELY ON THIS DOCUMENT UNLESS SATISFIED THAT THE CLAIMANT HAS RECEIVED PAYMENT. Identifyina Information Name of Claimant: Southwest Construction & Property Manaaement Name of Customer: City of Burlingame Job Location: Police Department - 1111 Trousdale Drive Owner: City of Burlingame Through Date: December 31, 2021 Conditional Waiver and Release This document waives and releases lien, stop payment notice, and payment bond rights the claimant has for labor and service provided, and equipment and material delivered, to the customer on this job through the Through Date of this document. Rights based upon labor or service provided, or equipment or material delivered, pursuant to a written change order that has been frilly executed by the parties prior to the date that this document is signed by the claimant are waived and released by this document, unless listed as an Exception below. This document is effective only on the claimant's receipt of payment from the financial institution on which the following check is drawn: Maker of Check: City of Burlingame Amount of Check: $ 22,182.01 Check Payable to: Southwest Construction & Property Management Exceptions This document does not affect any of the following: (1) Retentions. (2) Extras for which the claimant has not received payment. (3) The following progress payments for which the claimant has previously given a conditional waiver and release but has not received payment: Date(s) of waiver and release: October 22, 2021 and November 24, 2021 Amount(s) of unpaid progress payment(s): $82,065.75 and $33,652.65 (4) Contract rights, including (A) a right based on rescission, abandonment, or breach of contract, and (B) the right to recover compensation for work not compensated by the payment. Signature Claimant's Signature: Claimant's Title: Karen Morales, Billing Coordinator Date of Signature: December 20, 2021 To: Date: From: Subject STAFF REPORT Honorable Mayor and City Council February 22, 2022 AGENDA NO: 8d MEETING DATE: February 22, 2022 Helen Yu -Scott, Finance Director—(650) 558-7222 Approval of Quarterly Investment Report, Period Ending December 31, 2021 RECOMMENDATION Staff recommends that the City Council receive and approve the City's investment report through December 31, 2021. BACKGROUND This report represents the City's investment portfolio as of December 31, 2021. The report includes all invested City funds with the exception of bond proceeds, the City's account with the California Employers' Retiree Benefit Trust Fund (CERBT), which is used to pre -fund the City's retiree medical obligations, and the §115 Trust account with the Public Agency Retirement Services (PARS) Pension Rate Stabilization Program. All other investments are covered by and in compliance with the City's adopted Statement of Investment Policy. DISCUSSION The City's investments are guided by the Statement of Investment Policy (the "Policy"), which is reviewed and approved by the Council annually. The City Council last approved the Policy on June 7, 2021. The Policy directs that investment objectives, in order by priority, are safety, liquidity, and return. This conservative approach ensures assets are available for use while also allowing the City to earn additional resources on idle funds. The City utilizes a core portfolio of investments managed by the City's investment advisor, PFM Asset Management LLC (PFMAM), and also maintains funds invested in the State's Local Agency Investment Fund (LAIF) and the California Asset Management Program (CAMP) to achieve its investment goals. CURRENT MARKET CONDITIONS In the fourth calendar quarter of the year, U.S. economic conditions were characterized by: (1) a surge in COVID cases as the Omicron variant spread widely; (2) a sharply falling unemployment rate, rising wages, and near -record number of job openings; (3) stickier -than -expected inflation as pent-up consumer demand clashed with continued global supply chain disruptions amid a tight labor market; and (4) a pivot by the Fed to remove monetary accommodation more quickly, setting the stage for rate hikes to begin sooner than previously expected. 1 Investment Report December 31, 2021 February 22, 2022 The public health situation remained precarious with the emergence of COVID-19's Omicron variant. The surge in new cases affected small businesses already challenged by labor shortages and rising prices due to supply chain challenges. The labor market continued to recover, with the unemployment rate falling to a cycle low, plentiful job opportunities, and rising wages. Although the economy has largely rebounded from the pandemic -induced recession, the massive monetary and fiscal support from the Fed and Congress has triggered a multi -decade surge in inflation. The mounting inflationary pressures prompted accelerated tapering of bond purchases by the Fed and pulled forward expected rate hikes. Tapering is expected to be complete by mid -March followed by three rate hikes in 2022. The Fed may also let some of its $8.7 trillion balance sheet roll off sometime later in the year. U.S. Treasury yields generally rose in the quarter, and the yield curve flattened as short- to intermediate -term maturities increased between 30 and 50 bps, led higher by expectations for faster Fed rate hikes. Meanwhile, rate changes were more muted to modestly lower on the longer end of the curve, which reflected expectations for longer term normalization of inflation and GDP growth. 1.60% 1.20% 0.80% 0.40% 0.00% U.S. Treasury Yield Curve September 30, 2021 —December 31, 2021 3 1 2 3 4 5 10 M Y Y Y Y Y Y Maturity Maturity 3 Mo. Yield Curve 12/31/21 0.03% History 9/30/21 0.03% Change 6 Mo. 0.18% 0.05% 1 Yr. 0.38% 0.07% +0.31 % 2 Yr. 0.73% 0.28% +0.460/,- 3 Yr. 0.96% 0.51 % 5 Yr. 1.26% 0.96% 10 Yr. 1.51 % 1.49% 30 Yr. 1.90% 2.04% The City's cash, excluding bond proceeds, is pooled for investment purposes. As of December 31, 2021, invested funds totaled $187,778,488.13. These investments are assets of the City of Burlingame and include the General Fund, the enterprise funds (such as Water, Sewer, and Solid Waste), as well as various non -major funds. Note that the City's account with the California Employers' Retiree Benefit Trust Fund (CERBT), used to pre -fund the City's retiree medical obligations, is not included in this calculation of the City's investment portfolio. Similarly, funds held within the City's §115 Trust account with the Public Agency Retirement Services (PARS) Pension Rate Stabilization Program are not included in this calculation of the City's investment portfolio. 2 Investment Report December 31, 2021 February 22, 2022 Main Investment Portfolio $ 123,677,676.23 Main Investment Portfolio - Cash Balance in Custody Account $ 414,282.12 CAMP Balance $ 589,576.32 LAIF Balance $ 63,096,953.45 Total $187,778,488.13 At the end of the quarter, the main portfolio's duration was 2.49 years, a conservative posture shorter than the benchmark's duration of 2.58 years. Factoring in liquid investments, such as LAIF and CAMP, the effective duration of the City's aggregate investments was 1.64 years. The City continues to benefit from a strategy of broad diversification, which serves to reduce the overall risk in the portfolio while providing the opportunity for better returns over the long term, as well as active portfolio management, which seeks to add value by identifying well -priced securities across various sectors. Generally, U.S. Treasuries were used to rebalance the portfolio, match monthly benchmark duration extensions, and maintain an above -average liquidity profile for enhanced liquidity and agility. Current allocations of U.S. Treasuries provide "dry powder" to add to other sectors should spreads become more attractive. PFMAM prefers targeting the steepest portions of the curve but seeks also to avoid large curve mismatches relative to the benchmark. Meanwhile, federal agencies remained unattractive given the historically tight spreads and nearly nonexistent issuance during the quarter. Agencies continue to offer essentially zero additional yield benefit against Treasuries, so PFMAMO favored Treasuries instead. In total, PFMAM purchased nearly $3.3 million of U.S. Treasury obligations, increasing the main portfolio's allocation of U.S. Treasuries by 3%, while the federal agency allocation remained constant during the quarter. Please see a summary of transactions for the quarter ended December 31, 2021 on the following page: 3 Investment Report December 31, 2021 February 22, 2022 Trade Date 10/4/2021 Settlement Date 10/6/2021 Transaction Sell CUSIP 459200JQ5 Issuer IBM Corp Bonds Term (Mths) 4 Yield 0.14% Principal 2,000,000 10/4/2021 10/6/2021 Buy 91282CAT8 U.S. Treasury 49 0.78% 2,550,000 11/2/2021 11/3/2021 Sell 9128281-57 U.S. Treasury 11 0.13% 320,000 11/2/2021 11/3/2021 Sell 912828P38 U.S. Treasury 15 0.22% 230,000 11/2/2021 11/3/2021 Sell 912828P79 U.S. Treasury 16 0.27% 1,035,000 11/2/2021 11/3/2021 Buy 91282CAZ4 U.S. Treasury 49 1.01% 2,060,000 12/3/2021 12/7/2021 Sell 912828Q29 U.S. Treasury 16 0.42% 2,175,000 12/3/2021 12/7/2021 Buy 91282CBQ3 U.S. Treasury 51 1.15% 2,640,000 As always, PFMAM continues to prioritize the safety and liquidity of the City's investment assets above all else. PFMAM continues to monitor the markets and will recommend relative -value trades as appropriate in order to safely enhance the City's portfolio earnings. However, the priority will always be to maintain the safety and liquidity of the City's investments. As noted in the following pie charts, the City's aggregate investment portfolio, as of December 31, 2021, was heavily weighted towards the State Local Agency Investment Fund (LAIF) and high - quality (AA+ rated) federal agency and U.S. Treasury securities to maintain the focus on safety and liquidity. C Investment Report December 31, 2021 February 22, 2022 Investments By Security Type Asset -Backed As of December 31, 2021 Securities 2% Corporate Notes / Negotiable Certificates of 9% Deposit 2% Supranationals 1 of Federal Agency_ CMBS <1% Municipal 2% Federal P 22% AA 53°Y Local Agency Investment Fund (LAIF) 34% CAMP <1% Cash <1% VU.S. Treasuries 27% Investments By Credit Rating As of December 31, 2021 BBB+* 2% A NR (LAIF) 6%_ 34% AAAm (CAMP) <1% A-1 (Short -Term) 1% �A-1+ (Short -Term) 1% Cash <1% AAA 3% NR (Aaa)** 1% *The `B88+"category comprises securities that were rated in the category of A or better at the time of purchase by at least one NRSRO (Nationally Recognized Statistical Ratings Organization), which meets the credit rating criteria established in the City's Statement of Investment Policy. "The NR category is comprised of securities that are not rated by Standard & Poor's but are rated in the category of A or better by Moody's and/or Fitch. As of December 31, 2021, 34% of the City's funds were invested in very short-term liquid investments; 24% of the funds were invested with maturities between one day and two years; and 42% of the investment portfolio had a maturity ranging from two to five years. This distribution gives 5 Investment Report December 31, 2021 February 22, 2022 the City the necessary liquidity to meet operational and emergency cash needs while maximizing returns on funds not needed in the immediate future. The City's aggregate investments maintain an effective duration of 1.64 years and currently generate an annual income of 0.88% before investment expenses. The City's funds are invested in high credit quality investments and continue to meet the City's goals of safety, liquidity, and yield/return. 40% 35% 30% 25% 20% 15% 10% 5% 0% Maturity Distribution As of December 31, 2021 22% 21% 2% 0% Overnight One Day-6 6-12 Months 1-2 Years 2-3 Years 3-4 Years 4-5 Years Months As of December 31, 2021, the yield to maturity at cost on the main portfolio of securities was 1.22%. Including additional investments such as LAIF and CAMP, the average yield to maturity** on the City's aggregate investments was 0.88%. During the quarter, the main portfolio generated accrual basis earnings of $498,751. Market Value $188,778,488 Effective Duration 1.64 Years Average Credit Quality* AA Yield to Maturity" 0.88% `Ratings by Standard & Poor's. Average excludes `Not Rated' securities. "Calculated as a weighted average of the main portfolio's yield at cost as of 12131121, the LAIF quarterly apportionment rate for the quarter ended 12131121, and CAMP's monthly distribution yield as of 12131121. The chart on the next page compares the yield of the City's managed portfolio to the yields on the 2-year U.S. Treasury note, LAIF, and the San Mateo County Pool. As of December 31, 2021, the gross yield at cost on the City's managed portfolio was 1.22%; net of PFMAM's investment advisory fees, the yield at cost on the City's managed portfolio was 1.14%. ON Investment Report December 31, 2021 February 22, 2022 2.75% 2.50% 2.25% 2.00% 1.75% 1.50% 1.25% 1.00% 0.75% 0.50% 0.25% Yield History December 31, 2016 - December 31, 2021 --*--Portfolio Under Management--* LAIF 2-Year Treasury San Mateo County Pool 0.00% GN1b pN11 'Dec-11 s,18 G1� PN9 G1\9 s\20 G20 ,l2� G2� Oe �`� Jv Oe �`� Oe Jv Oe Jv Oe 1.22% 0.81 % 0.73% 0.23% Below is a summary of cash and investment holdings held by each fund as of December 31, 2021, which includes invested funds, debt service reserves, amounts held in overnight (liquid) accounts, the City's main checking account, and other operating funds: General Fund Capital Project Funds Internal Service Funds Water Fund Sewer Fund Solid Waste Fund Parking Fund Building Fund Landfill Fund Debt Service Fund Subtotal, Operating Funds Other Funds Total Cash and Investments Cash and Investments by Fund As of 12/31/21 As of 09/30/21 Change $ $ 22, 552, 713 $ 14,170, 049 $ 8,382,664 55, 704, 079 57, 444,115 (1,740,036) 20, 574, 345 20, 580,120 (5,775) 25,428,971 25,481,062 (52,091) 20, 629, 588 20, 749, 363 (119,775) 4,738,782 4,720,078 18,704 11, 764, 890 11, 446, 501 318,389 16, 657, 421 15,100, 552 1,556,868 2,666,404 2,579,256 87,148 19,748,515 29,233,093 (9,484,578) 200, 465, 708 201, 504,189 (1,038,481) 20, 858,135 18, 288, 444 2,569,691 $ 221, 323, 843 $ 219, 792, 633 $ 1,531,210 7 Investment Report December 31, 2021 February 22, 2022 Cash holdings in the General Fund generally increase in the second quarter of each fiscal year due to the significant amount of property taxes received from the County in December. Major property tax receipts of approximately $10.3 million, received in December, were partially offset by the quarterly payments to Central County Fire ($2.7 million). Other major receipts included receipt of Storm Drain Fees of nearly $1.5 million (collected with property taxes); Gas Tax of $321,000; and Measure A and Measure W receipts (combined total of $299,000), all reflected as an increase in "Other Funds". A total collection of $1.1 million from two major building permit fees is the main contributor to the increase of the Building Fund. The $1.7 million net decrease in Capital Project Funds is a reflection of a few factors, including a total drawdown of $7.9 million from the 2019 Lease Revenue Bonds ($6.7 million) and the 2021 Storm Drain Bonds ($1.2 million). Also, there was a decrease of $9.4 million for large construction progress payments in the quarter, most notably $6.5 million for the Community Center project, which was offset by the drawdowns from the 2019 Lease Revenue Bonds. Other capital spending included $200,000 towards the police station jail remodeling, $1.2 million for the 1740 Rollins & 842 Cowan pump station upgrade project, $300,000 for the neighborhood storm drain project, and $1.2 million for continued work on the annual sidewalk repair and street resurfacing program. The Debt Service Fund holdings decreased by $9.5 million from the prior quarter. This is mainly due to a $6.7 million drawdown from the proceeds of the bonds for the New Community Center project, a $1.2 million progress payment towards the 1740 Rollins & 842 Cowan pump station upgrade project, and $1.6 million for principal and interest payments on governmental bonded debt as they become due in the quarter. As for the performance of the City's trust funds, which adhere to different strategies than reflected in the City's Investment Policy for its main portfolio, the most recent statements are attached to this staff report. Because the City's funding of its retiree medical obligations has grown to a relatively healthy level, the City has transferred its trust account from the most aggressive portfolio (Strategy 1) to a less aggressive one (Strategy 2) available with the California Employers' Retiree Benefit Trust (CERBT) Fund in the middle of February 2021. The net return for the portfolio for the quarter ending December 31, 2021, was 3.87%; the balance in the City's CERBT account was about $31.8 million. The attached December 2021 statement for the PARS §115 Trust account for funding the City's pension liabilities, established in October 2017, shows a rate of return of 3.08% for the quarter, with a balance of $21.1 million. CONCLUSION All City funds are invested in accordance with the approved Statement of Investment Policy with an emphasis on safety, liquidity, and return (in that order). The City's investment strategy of balancing the investment portfolio between short-term investments (to meet cash flow needs) and longer -term maturities (to realize a higher rate of return) is appropriate given current market conditions. Due to the ease of access of the City's funds in liquid accounts such as LAIF and CAMP, the City has more than sufficient funds available to meet its liquidity (expenditure) requirements for the next six months. f:3 Investment Report December 31, 2021 February 22, 2022 Staff and the City's investment advisor will continue to closely monitor the City's investments to ensure the mitigation of risk and the ability to meet the City's investment goals while responding to changes in market conditions. FISCAL IMPACT Quarterly reporting of the City's Investment Portfolio will not result in any direct impact on City resources. Exhibits: • Portfolio Holdings as of December 31, 2021 • CERBT Strategy 2 Fund Facts for December 31, 2021 • CERBT Quarterly Statement for December 31, 2021 • PARS Monthly Statement for December 31, 2021 V CITY OF BURLINGAME Managed Account Detail of Securities Held For the Quarter Ended December 31, 2021 Portfolio Holdings Security Type/Description S&P Moody's Trade Settle Original YTM Accrued Market Dated Date/Coupon/Maturity CUSIP Par Rating Rating Date Date Cost at Cost Interest Value U.S. Treasury US TREASURY NOTES 912828S92 1,330,000.00 AA+ Aaa 4/2/2019 4/4/2019 1,273,682.81 2.28 6,957.20 1,343,300.00 DTD 08/01/2016 1.250% 07/31/2023 US TREASURY NOTES 912828S92 2,100,000.00 AA+ Aaa 2/8/2019 2/12/2019 1,994,917.97 2.44 10,985.06 2,121,000.00 DTD 08/01/2016 1.250% 07/31/2023 US TREASURY NOTES 9128282D1 4,195,000.00 AA+ Aaa 7/1/2019 7/3/2019 4,132,402.73 1.75 19,598.88 4,244,160.37 DTD 08/31/2016 1.375% 08/31/2023 US TREASURY NOTES 9128285D8 780,000.00 AA+ Aaa 5/1/2019 5/3/2019 800,505.47 2.25 5,729.46 809,737.50 DTD 10/01/2018 2.875% 09/30/2023 US TREASURY NOTES 912828WE6 1,375,000.00 AA+ Aaa 3/6/2019 3/8/2019 1,388,911.13 2.52 4,909.36 1,426,777.28 DTD 11/15/2013 2.750% 11/15/2023 US TREASURY NOTES 91282CAW1 2,175,000.00 AA+ Aaa 4/16/2021 4/21/2021 2,174,915.04 0.25 705.97 2,156,988.39 DTD 11/15/2020 0.250% 11/15/2023 US TREASURY NOTES 912828U57 1,515,000.00 AA+ Aaa 1/30/2019 1/31/2019 1,484,581.64 2.57 2,830.22 1,555,478.98 DTD 11/30/2016 2.125% 11/30/2023 US TREASURY NOTES 912828V80 1,050,000.00 AA+ Aaa 3/25/2019 3/26/2019 1,050,943.36 2.23 9,886.55 1,082,156.25 DTD 01 /31 /2017 2.250% 01 /31 /2024 US TREASURY NOTES 912828X70 2,300,000.00 AA+ Aaa 6/3/2019 6/5/2019 2,310,421.88 1.90 7,878.45 2,362,171.76 DTD 05/01/2017 2.000% 04/30/2024 US TREASURY NOTES 9128282N9 500,000.00 AA+ Aaa 8/1/2019 8/2/2019 506,992.19 1.83 4,446.33 515,859.40 DTD 07/31/2017 2.125% 07/31/2024 US TREASURY NOTES 912828Y87 3,495,000.00 AA+ Aaa 3/2/2020 3/4/2020 3,632,206.05 0.84 25,595.18 3,573,091.58 DTD 07/31/2019 1.750% 07/31/2024 US TREASURY NOTES 912828D56 1,650,000.00 AA+ Aaa 8/30/2019 9/3/2019 1,723,154.30 1.44 14,801.80 1,712,906.25 DTD 08/15/2014 2.375% 08/15/2024 US TREASURY NOTES 9128282Y5 595,000.00 AA+ Aaa 10/1/2019 10/3/2019 612,780.27 1.50 3,230.41 614,337.50 DTD 10/02/2017 2.125% 09/30/2024 US TREASURY NOTES 9128283DO 445,000.00 AA+ Aaa 11/4/2019 11/6/2019 458,350.00 1.62 1,714.85 461,131.25 DTD 10/31/2017 2.250% 10/31/2024 US TREASURY NOTES 9128283J7 490,000.00 AA+ Aaa 1/3/2020 1/7/2020 501,350.39 1.63 915.38 506,231.25 DTD 11/30/2017 2.125% 11/30/2024 1 © PFM Asset Management LLC pfmam.com For the Quarter Ended December 31, 2021 CITY OF BURLINGAME Portfolio Holdings Security Type/Description S&P Moody's Trade Settle Original YTM Accrued Market Dated Date/Coupon/Maturity CUSIP Par Rating Rating Date Date Cost at Cost Interest Value U.S. Treasury US TREASURY NOTES 912828ZFO 3,075,000.00 AA+ Aaa 4/6/2021 4/9/2021 3,058,303.71 0.64 3,928.23 3,023,589.69 DTD 03/31/2020 0.500% 03/31/2025 US TREASURY NOTES 91282CAJO 2,370,000.00 AA+ Aaa 8/2/2021 8/6/2021 2,343,522.66 0.53 2,013.19 2,295,567.31 DTD 08/31/2020 0.250% 08/31/2025 US TREASURY NOTES 91282CAM3 2,635,000.00 AA+ Aaa 9/7/2021 9/8/2021 2,590,843.16 0.67 1,683.07 2,551,009.38 DTD 09/30/2020 0.250% 09/30/2025 US TREASURY NOTES 91282CAT8 2,550,000.00 AA+ Aaa 10/4/2021 10/6/2021 2,496,011.72 0.78 1,091.85 2,464,335.81 DTD 10/31/2020 0.250% 10/31/2025 US TREASURY NOTES 91282CAZ4 2,060,000.00 AA+ Aaa 11/2/2021 11/3/2021 2,007,614.84 1.01 679.12 1,997,556.25 DTD 11/30/2020 0.375% 11/30/2025 US TREASURY NOTES 91282CBC4 575,000.00 AA+ Aaa 5/5/2021 5/7/2021 565,678.71 0.73 5.96 557,210.94 DTD 12/31/2020 0.375% 12/31/2025 US TREASURY NOTES 91282CBC4 1,600,000.00 AA+ Aaa 1/19/2021 1/21/2021 1,593,812.50 0.45 16.57 1,550,500.00 DTD 12/31/2020 0.375% 12/31/2025 US TREASURY NOTES 91282CBH3 2,150,000.00 AA+ Aaa 7/2/2021 7/7/2021 2,108,679.69 0.80 3,373.98 2,080,125.00 DTD 01 /31 /2021 0.375% 01 /31 /2026 US TREASURY NOTES 9128286A3 780,000.00 AA+ Aaa 2/1/2021 2/3/2021 865,099.22 0.41 8,568.34 824,728.16 DTD 01 /31 /2019 2.625% 01 /31 /2026 US TREASURY NOTES 91282CBH3 1,000,000.00 AA+ Aaa 2/26/2021 2/26/2021 978,984.38 0.81 1,569.29 967,500.00 DTD 01 /31 /2021 0.375% 01 /31 /2026 US TREASURY NOTES 91282CBQ3 2,640,000.00 AA+ Aaa 12/3/2021 12/7/2021 2,568,843.75 1.15 4,485.08 2,564,512.37 DTD 02/28/2021 0.500% 02/28/2026 US TREASURY N/B NOTES 91282CBT7 1,825,000.00 AA+ Aaa 9/7/2021 9/8/2021 1,824,572.27 0.76 3,497.08 1,790,210.94 DTD 03/31/2021 0.750% 03/31/2026 US TREASURY N/B NOTES 91282CCF6 1,300,000.00 AA+ Aaa 6/2/2021 6/4/2021 1,297,156.25 0.79 857.14 1,273,390.56 DTD 05/31/2021 0.750% 05/31/2026 US TREASURY N/B NOTES 91282CCJ8 2,150,000.00 AA+ Aaa 7/2/2021 7/7/2021 2,150,587.89 0.87 51.97 2,115,734.38 DTD 06/30/2021 0.875% 06/30/2026 Security Type Sub -Total 50,705,000.00 50,495,825.98 1.21 152,005.97 50,541,298.55 Supranational INTL BK RECON & DEVELOP NOTES 459058JM6 870,000.00 AAA Aaa 11/17/2020 11/24/2020 868,129.50 0.32 223.54 861,950.76 DTD 11 /24/2020 0.250% 11 /24/2023 2 © PFM Asset Management LLC pfmam.com For the Quarter Ended December 31, 2021 CITY OF BURLINGAME Portfolio Holdings Security Type/Description S&P Moody's Trade Settle Original YTM Accrued Market Dated Date/Coupon/Maturity CUSIP Par Rating Rating Date Date Cost at Cost Interest Value Supranational INTER-AMERICAN DEVEL BK NOTES 4581XODZ8 1,800,000.00 AAA Aaa 9/15/2021 9/23/2021 1,798,668.00 0.52 2,450.00 1,776,981.60 DTD 09/23/2021 0.500% 09/23/2024 Security Type Sub -Total 2,670,000.00 2,666,797.50 0.46 2,673.54 2,638,932.36 Negotiable CD SUMITOMO MITSUI BANK NY CERT 86565CKU2 940,000.00 A-1 P-1 7/10/2020 7/14/2020 940,000.00 0.70 3,235.17 941,759.68 DEPOS DTD 07/14/2020 0.700% 07/08/2022 NORDEA BANK ABP NEW YORK CERT 65558TLL7 1,500,000.00 A-1+ P-1 8/27/2019 8/29/2019 1,500,000.00 1.84 9,866.67 1,514,392.50 DEPOS DTD 08/29/2019 1.850% 08/26/2022 DNB BANK ASA/NY LT CD 23341VZT1 885,000.00 A-1+ P-1 12/5/2019 12/6/2019 885,000.00 2.03 1,504.50 897,583.82 DTD 12/06/2019 2.040% 12/02/2022 CREDIT SUISSE NEW YORK CERT 22552G3C2 940,000.00 A+ Al 3/19/2021 3/23/2021 940,000.00 0.59 4,375.18 939,791.32 DEPOS DTD 03/23/2021 0.590% 03/17/2023 Security Type Sub -Total 4,265,000.00 4,265,000.00 1.36 18,981.52 4,293,527.32 Municipal CA ST EARTHQUAKE AUTH TXBL REV 13017HAK2 BONDS DTD 11/24/2020 1.477% 07/01/2023 CA ST TXBL GO BONDS 13063DRJ9 DTD 10/24/2019 2.400% 10/01/2023 CA ST UNIV TXBL REV BONDS 13077DNC2 DTD 09/17/2020 0.685% 11/01/2024 CA ST DEPT WTR RES WTR SYS TXBL 13067WRB0 REV BNDS DTD 08/06/2020 0.560% 12/01/2024 UNIV OF CAL TXBL REV BONDS 91412HGE7 DTD 07/16/2020 0.883% 05/15/2025 250,000.00 NR 1,170, 000.00 AA- 300,000.00 AA- 100,000.00 AAA 260,000.00 AA NR 11/13/2020 11/24/2020 250,000.00 1.48 1,846.25 252,477.50 Aa2 10/16/2019 10/24/2019 1,193,411.70 1.87 7,020.00 1,205,872.20 Aa2 8/27/2020 9/17/2020 300,000.00 0.69 342.50 296,274.00 Aal 7/30/2020 8/6/2020 100,000.00 0.56 46.67 98,139.00 Aa2 7/10/2020 7/16/2020 260,000.00 0.88 293.35 257,332.40 © PFM Asset Management LLC pfmam.com 3 For the Quarter Ended December 31, 2021 CITY OF BURLINGAME Portfolio Holdings Security Type/Description S&P Moody's Trade Settle Original YTM Accrued Market Dated Date/Coupon/Maturity CUSIP Par Rating Rating Date Date Cost at Cost Interest Value Municipal FL ST BOARD OF ADMIN TXBL REV 341271AD6 660,000.00 AA Aa3 9/3/2020 9/16/2020 660,000.00 1.26 4,151.40 657,307.20 BONDS DTD 09/16/2020 1.258% 07/01/2025 LOS ANGELES CCD, CA TXBL GO 54438CYK2 470,000.00 AA+ Aaa 10/30/2020 11/10/2020 470,000.00 0.77 1,513.79 461,826.70 BONDS DTD 11/10/2020 0.773% 08/01/2025 Security Type Sub -Total 3,210,000.00 3,233,411.70 1.33 15,213.96 3,229,229.00 Federal Agency FREDDIE MAC NOTES 3137EAER6 100,000.00 AA+ Aaa 6/2/2020 6/3/2020 100,210.00 0.30 58.33 99,774.60 DTD 05/07/2020 0.375% 05/05/2023 FREDDIE MAC NOTES 3137EAER6 1,810,000.00 AA+ Aaa 8/3/2020 8/4/2020 1,818,869.00 0.20 1,055.84 1,805,920.26 DTD 05/07/2020 0.375% 05/05/2023 FANNIE MAE NOTES 3135G04Q3 1,855,000.00 AA+ Aaa 5/20/2020 5/22/2020 1,849,416.45 0.35 502.40 1,847,220.13 DTD 05/22/2020 0.250% 05/22/2023 FREDDIE MAC NOTES 3137EAEN5 2,085,000.00 AA+ Aaa 1/7/2019 1/9/2019 2,099,636.70 2.58 1,911.25 2,150,911.02 DTD 06/11/2018 2.750% 06/19/2023 FREDDIE MAC NOTES 3137EAES4 1,680,000.00 AA+ Aaa 6/24/2020 6/26/2020 1,675,094.40 0.35 58.33 1,671,736.08 DTD 06/26/2020 0.250% 06/26/2023 FANNIE MAE NOTES 3135G05G4 2,105,000.00 AA+ Aaa 7/8/2020 7/10/2020 2,100,474.25 0.32 2,499.69 2,093,424.61 DTD 07/10/2020 0.250% 07/10/2023 FREDDIE MAC NOTES 3137EAEV7 825,000.00 AA+ Aaa 8/19/2020 8/21/2020 824,158.50 0.28 727.60 819,697.73 DTD 08/21/2020 0.250% 08/24/2023 FANNIE MAE NOTES 3135GOU43 3,550,000.00 AA+ Aaa 12/3/2018 12/6/2018 3,542,829.00 2.92 30,902.26 3,680,569.00 DTD 09/14/2018 2.875% 09/12/2023 FEDERAL FARM CREDIT BANK 3133EMAM4 910,000.00 AA+ Aaa 10/7/2020 10/9/2020 908,453.00 0.31 631.94 903,005.74 (CALLABLE) DTD 09/21/2020 0.250% 09/21/2023 FREDDIE MAC NOTES 3137EAFA2 1,025,000.00 AA+ Aaa 12/2/2020 12/4/2020 1,023,985.25 0.28 192.19 1,015,170.25 DTD 12/04/2020 0.250% 12/04/2023 FEDERAL HOME LOAN BANKS NOTES 3130AOF70 1,400,000.00 AA+ Aaa 1/30/2019 1/31/2019 1,441,263.45 2.72 3,018.75 1,470,186.20 DTD 12/09/2013 3.375% 12/08/2023 © PFM Asset Management LLC pfmam.com 4 For the Quarter Ended December 31, 2021 CITY OF BURLINGAME Portfolio Holdings Security Type/Description S&P Moody's Trade Settle Original YTM Accrued Market Dated Date/Coupon/Maturity CUSIP Par Rating Rating Date Date Cost at Cost Interest Value Federal Agency FEDERAL FARM CREDIT BANK NOTES 3133ELVX9 2,400,000.00 AA+ Aaa 4/3/2020 4/8/2020 2,400,000.00 0.88 4,841.67 2,395,795.20 DTD 04/08/2020 0.875% 04/08/2024 FANNIE MAE NOTES 3135GOX24 2,440,000.00 AA+ Aaa 3/4/2020 3/5/2020 2,529,328.40 0.85 19,164.17 2,483,837.04 DTD 01/10/2020 1.625% 01/07/2025 FREDDIE MAC NOTES 3137EAEP0 2,650,000.00 AA+ Aaa 2/13/2020 2/14/2020 2,647,959.50 1.52 15,347.92 2,688,189.15 DTD 02/14/2020 1.500% 02/12/2025 FEDERAL HOME LOAN BANK NOTES 3130AJHU6 1,205,000.00 AA+ Aaa 4/15/2020 4/16/2020 1,199,023.20 0.60 1,288.68 1,183,005.14 DTD 04/16/2020 0.500% 04/14/2025 FANNIE MAE NOTES 3135G03U5 275,000.00 AA+ Aaa 5/21/2020 5/26/2020 276,168.75 0.54 329.43 271,059.52 DTD 04/24/2020 0.625% 04/22/2025 FANNIE MAE NOTES 3135G03U5 1,700,000.00 AA+ Aaa 6/4/2020 6/5/2020 1,707,038.00 0.54 2,036.46 1,675,640.70 DTD 04/24/2020 0.625% 04/22/2025 FANNIE MAE NOTES 3135G03U5 1,485,000.00 AA+ Aaa 4/22/2020 4/24/2020 1,481,940.90 0.67 1,778.91 1,463,721.44 DTD 04/24/2020 0.625% 04/22/2025 FANNIE MAE NOTES 3135G04Z3 1,865,000.00 AA+ Aaa 6/17/2020 6/19/2020 1,861,139.45 0.54 362.64 1,827,306.49 DTD 06/19/2020 0.500% 06/17/2025 FREDDIE MAC NOTES 3137EAEU9 1,130,000.00 AA+ Aaa 7/21/2020 7/23/2020 1,124,372.60 0.48 1,883.33 1,100,290.04 DTD 07/23/2020 0.375% 07/21/2025 FANNIE MAE NOTES 3135G05X7 1,200,000.00 AA+ Aaa 8/25/2020 8/27/2020 1,194,384.00 0.47 1,575.00 1,167,206.40 DTD 08/27/2020 0.375% 08/25/2025 FREDDIE MAC NOTES 3137EAEX3 1,730,000.00 AA+ Aaa 9/23/2020 9/25/2020 1,724,792.70 0.44 1,766.04 1,681,117.12 DTD 09/25/2020 0.375% 09/23/2025 FREDDIE MAC NOTES 3137EAEX3 3,400,000.00 AA+ Aaa 10/6/2020 10/8/2020 3,384,768.00 0.47 3,470.84 3,303,929.60 DTD 09/25/2020 0.375% 09/23/2025 FANNIE MAE NOTES 3135G06G3 1,130,000.00 AA+ Aaa 11/9/2020 11/12/2020 1,125,954.60 0.57 847.50 1,100,255.01 DTD 11/12/2020 0.500% 11/07/2025 FANNIE MAE NOTES 3135G06G3 1,150,000.00 AA+ Aaa 11/17/2020 11/18/2020 1,149,413.50 0.51 862.50 1,119,728.55 DTD 11/12/2020 0.500% 11 /07/2025 Security Type Sub -Total 41,105,000.00 41,190,673.60 0.97 97,113.67 41,018,697.02 5 © PFM Asset Management LLC pfmam.com For the Quarter Ended December 31, 2021 CITY OF BURLINGAME Portfolio Holdings Security Type/Description S&P Moody's Trade Settle Original YTM Accrued Market Dated Date/Coupon/Maturity CUSIP Par Rating Rating Date Date Cost at Cost Interest Value Corporate WALT DISNEY COMPANY/THE CORP 25468PCW4 1,075,000.00 BBB+ A2 4/3/2018 4/5/2018 1,041,503.00 3.07 2,105.21 1,092,669.78 NOTES DTD 11/30/2012 2.350% 12/01/2022 AMAZON.COM INC BONDS 023135AW6 1,750,000.00 AA Al 4/12/2019 4/16/2019 1,730,067.50 2.71 15,050.00 1,780,754.50 DTD 06/06/2018 2.400% 02/22/2023 HOME DEPOT INC CORP NOTES 437076AZ5 1,075,000.00 A A2 4/3/2018 4/5/2018 1,054,682.50 3.11 7,256.25 1,095,822.75 DTD 04/05/2013 2.700% 04/01/2023 JPMORGAN CHASE & CO BONDS 46647PBB1 965,000.00 A- A2 4/2/2019 4/4/2019 970,336.45 3.06 7,736.89 970,779.39 DTD 03/22/2019 3.207% 04/01/2023 APPLE INC CORPORATE NOTES 037833DV9 715,000.00 AA+ Aaa 5/4/2020 5/11/2020 713,055.20 0.84 744.79 716,184.76 DTD 05/11/2020 0.750% 05/11/2023 APPLE INC CORPORATE NOTES 037833DV9 1,460,000.00 AA+ Aaa 5/7/2020 5/11/2020 1,463,723.00 0.66 1,520.84 1,462,419.22 DTD 05/11/2020 0.750% 05/11/2023 US BANK NA CINCINNATI CORP 91159HHV5 1,790,000.00 A+ A2 7/22/2019 7/24/2019 1,875,472.50 2.26 24,500.63 1,876,288.74 NOTES (CALLAB DTD 02/04/2019 3.375% 02/05/2024 PFIZER INC CORP NOTES 717081ES8 1,500,000.00 A+ A2 3/25/2019 3/27/2019 1,522,485.00 2.63 13,029.17 1,562,493.00 DTD 03/11/2019 2.950% 03/15/2024 MORGAN STANLEY CORP NOTES 61772BAAl 155,000.00 BBB+ Al 4/19/2021 4/22/2021 155,000.00 0.73 270.67 154,461.84 (CALLABLE) DTD 04/22/2021 0.731 % 04/05/2024 MORGAN STANLEY CORP NOTES 61772BAAl 460,000.00 BBB+ Al 4/20/2021 4/22/2021 460,579.60 0.69 803.29 458,402.88 (CALLABLE) DTD 04/22/2021 0.731 % 04/05/2024 JPMORGAN CHASE & CO 46647PBS4 335,000.00 A- A2 9/9/2020 9/16/2020 335,000.00 0.65 638.04 333,278.10 CORPORATE NOTES (CAL DTD 09/16/2020 0.653% 09/16/2024 BANK OF AMERICA CORP 06051GJH3 930,000.00 A- A2 10/16/2020 10/21/2020 930,000.00 0.81 1,401.98 923,875.95 (CALLABLE) CORPORAT DTD 10/21/2020 0.810% 10/24/2024 TOYOTA MOTOR CREDIT CORP CORP 89236TGT6 530,000.00 A+ Al 5/20/2020 5/26/2020 535,178.10 1.58 3,657.00 537,927.74 NOTES DTD 02/13/2020 1.800% 02/13/2025 TOYOTA MOTOR CREDIT CORP CORP 89236TGT6 380,000.00 A+ Al 5/21/2020 5/26/2020 385,339.00 1.49 2,622.00 385,684.04 NOTES DTD 02/13/2020 1.800% 02/13/2025 6 © PFM Asset Management LLC pfmam.com For the Quarter Ended December 31, 2021 CITY OF BURLINGAME Portfolio Holdings Security Type/Description S&P Moody's Trade Settle Original YTM Accrued Market Dated Date/Coupon/Maturity CUSIP Par Rating Rating Date Date Cost at Cost Interest Value Corporate INTEL CORP CORPORATE NOTES 458140BP4 835,000.00 A+ Al 5/15/2020 5/19/2020 925,255.15 1.10 7,570.67 887,504.80 DTD 03/25/2020 3.400% 03/25/2025 CITIGROUP INC CORPORATE NOTES 172967MX6 300,000.00 BBB+ A3 4/27/2021 5/4/2021 300,000.00 0.98 490.50 297,289.20 DTD 05/04/2021 0.981 % 05/01 /2025 CITIGROUP INC CORPORATE NOTES 172967MX6 325,000.00 BBB+ A3 4/28/2021 5/4/2021 325,861.25 0.91 531.38 322,063.30 DTD 05/04/2021 0.981% 05/01/2025 GOLDMAN SACHS GROUP INC 38148LAE6 835,000.00 BBB+ A2 2/12/2021 2/17/2021 932,845.30 0.94 3,392.19 888,758.97 CORPORATE NOTES DTD 05/22/2015 3.750% 05/22/2025 JPMORGAN CHASE & CO 46647PCH7 350,000.00 A- A2 5/24/2021 6/1/2021 350,000.00 0.82 240.33 345,821.35 CORPORATE NOTES DTD 06/01/2021 0.824% 06/01/2025 BANK OF NY MELLON CORP 06406RAQO 1,500,000.00 A Al 2/1/2021 2/3/2021 1,499,490.00 0.76 4,781.25 1,458,478.50 (CALLABLE) CORPOR DTD 01/28/2021 0.750% 01/28/2026 Security Type Sub -Total 17,265,000.00 17,505,873.55 1.77 98,343.08 17,550,958.81 Agency CMBS FANNIEMAE-ACES 3136AJB54 579,651.55 AA+ Aaa 12/13/2019 12/18/2019 607,819.02 2.14 1,616.26 603,944.64 DTD 04/01/2014 3.346% 03/01/2024 Security Type Sub -Total 579,651.55 607,819.02 2.14 1,616.26 603,944.64 ABS NAROT 2018-B A3 65479GAD1 48,480.48 AAA Aaa 7/17/2018 7/25/2018 48,478.91 3.06 65.93 48,564.97 DTD 07/25/2018 3.060% 03/15/2023 HYUNDAI AUTO RECEIVABLES TRUST 44932NAD2 117,419.78 AAA NR 4/3/2019 4/10/2019 117,404.33 2.66 138.82 117,932.69 DTD 04/10/2019 2.660% 06/15/2023 HAROT 2019-2 A3 43815MACO 219,107.59 NR Aaa 5/21/2019 5/29/2019 219,099.42 2.52 153.38 220,673.97 DTD 05/29/2019 2.520% 06/21/2023 NAROT 2019-B A3 65479HAC1 261,380.88 NR Aaa 5/21/2019 5/28/2019 261,321.79 2.51 290.42 263,193.77 DTD 05/28/2019 2.500% 11/15/2023 7 © PFM Asset Management LLC pfmam.com For the Quarter Ended December 31, 2021 CITY OF BURLINGAME Portfolio Holdings Security Type/Description S&P Moody's Trade Settle Original YTM Accrued Market Dated Date/Coupon/Maturity CUSIP Par Rating Rating Date Date Cost at Cost Interest Value ABS COPAR 2019-1 A3 14042WAC4 107,957.92 AAA Aaa 5/21/2019 5/30/2019 107,936.05 2.51 120.43 108,643.78 DTD 05/30/2019 2.510% 11/15/2023 CARMX 2019-2 A3 14316LAC7 180,671.72 AAA NR 4/9/2019 4/17/2019 180,653.25 2.68 215.20 182,354.75 DTD 04/17/2019 2.680% 03/15/2024 HAROT 2020-1 A3 43813RAC1 549,121.40 NR Aaa 2/19/2020 2/26/2020 549,013.78 1.61 245.58 552,511.35 DTD 02/26/2020 1.610% 04/22/2024 TAOT2020-AA3 89232HAC9 741,141.63 AAA Aaa 2/4/2020 2/12/2020 741,088.12 1.66 546.80 746,344.22 DTD 02/12/2020 1.660% 05/15/2024 CARMX 2020-1 A3 14315XAC2 377,250.07 AAA NR 1/14/2020 1/22/2020 377,176.05 1.89 316.89 380,742.31 DTD 01/22/2020 1.890% 12/16/2024 HAROT 2021-1 A3 43813GAC5 335,000.00 NR Aaa 2/17/2021 2/24/2021 334,993.87 0.27 25.13 332,749.34 DTD 02/24/2021 0.270% 04/21/2025 HART 2021-A A3 44933LAC7 265,000.00 AAA NR 4/20/2021 4/28/2021 264,972.12 0.38 44.76 262,401.52 DTD 04/28/2021 0.380% 09/15/2025 CARMX 2021-1 A3 14316NAC3 200,000.00 AAA NR 1/20/2021 1/27/2021 199,960.48 0.34 30.22 198,293.04 DTD 01/27/2021 0.340% 12/15/2025 CARMX 2021-2 A3 14314QAC8 390,000.00 AAA NR 4/13/2021 4/21/2021 389,915.96 0.52 90.13 386,682.82 DTD 04/21/2021 0.520% 02/17/2026 Security Type Sub -Total 3,792,531.47 3,792,014.13 1.51 2,283.69 3,801,088.53 Managed Account Sub Total 123,592,183.02 123,757,415.48 388,231.69 123,677,676.23 Securities Sub Total $123,592,183.02 $123,757,415.48 $388,231.69 $123,677,676.23 Accrued Interest $388,231.69 Total Investments $124,065,907.92 © PFM Asset Management LLC pfmam.com 8 Objective Composition The CERBT Strategy 2 portfolio seeks to provide capital Asset Class Allocations and Benchmarks appreciation and income consistent with its strategic asset The CERBT Strategy 2 portfolio consists of the following asset classes and allocation. There is no guarantee that the portfolio will achieve its corresponding benchmarks: investment objective. Strategy The CERBT Strategy 2 portfolio is invested in various asset classes. CalPERS periodically adjusts the composition of the portfolio in order to match the target allocations. Generally, equities are intended to help build the value of the employer's portfolio over the long term while bonds are intended to help provide income and stability of principal. Also, strategies invested in a higher percentage of equities seek higher investment returns (but assume more risk) compared with strategies invested in a higher percentage of bonds. Compared with CERBT Strategy 1 and Strategy 3, this portfolio has a moderate allocation to equities, bonds and other assets. Historically, equities have displayed greater price volatility and, therefore, this portfolio may experience comparatively less fluctuation of value compared to CERBT Strategy 1 but more fluctuation of value compared to CERBT Strategy 3. Employers that seek a moderate approach to investing may wish to consider this portfolio. CalPERS Board may change the list of approved asset classes in composition as well as targeted allocation percentages and ranges at any time. Assets Under Management As of the specified reporting month -end: I�E$2,1010,198,924 0.10% Class Target Target Benchmark Global Equity AllocationAsset 40% . ± 5% MSCI All Country World Index IMI (Net) Fixed Income 43% ± 5% Bloomberg Long Liability Index Treasury Inflation -Protected Bloomberg US TIPS Index, Securities ("TIPS") 5/° ° ° ± 3 /° Series L Real Estate Investment FTSE EPRAINAREIT Trusts ("REITs") 8/° ° ° ± 5 /° Developed Index (Net) Commodities 4% ± 3% S&P GSCI Total Return Index Cash + 2% 91-Day Treasury Bill ' Allocations were approved by the Board at the May 2018 Investment Committee meeting. Portfolio Benchmark The CERBT Strategy 2 benchmark is a composite of underlying asset class market indices, each assigned the target weight for the asset class it represents. Target vs. Actual Asset Class Allocations The following chart shows policy target allocations compared with actual asset allocations as of the specified reporting month -end. CalPERS may temporarily deviate from the target allocation to a particular asset class based on market, economic, or other considerations. CERBT Strategy 2 ■ Target ■ Actual 60% 40% 20% 0% Global Fixed TIPS REITs Commodities Cash Equity Income 1 Month StrategyCERBT • of 3 Months Fiscal YTD 1 Year December1 3 Years* 5 Years* 10 Years* Since Inception* October 1, 2011 Gross Return''3 2.21% 3.90% 3.76% 10.13% 13.79% 9.63% 8.10% 8.40% Net Return2,3 2.20% 3.87% 3.71% 10.04% 13.69% 9.54% 7.99% 8.29% Benchmark Returns 2.23% 3.89% 3.72% 10.01 % 13.60% 9.34% 7.77% 8.11 % Standard Deviation - - - - 9.54% 8.20% 7.51 % 7.69% Returns for periods greater than one year are annualized. ' Gross returns are net of SSGA operating expenses. Z Net returns are net of SSGA operating expenses, investment management, administrative and recordkeeping fees. 3 Expenses are described in more detail on page 2 of this document. 4 Standard deviation is based on gross returns and is reported for periods greater than 3 years. General Information Information Accessibility The CERBT Strategy 2 portfolio consists of assets managed internally by CalPERS and/or by external advisors. Since it is not a mutual fund, a prospectus is not available and daily holdings are not published. CalPERS provides a quarterly statement of the employer's account and other information about the CERBT. For total market value, detailed asset allocation, investment policy and current performance information, please visit our website at: www.calpers.ca.gov. Portfolio Manager Information The CalPERS Board, through its Investment Committee, directs the CERBT investment strategy based on policies approved by the Board of Administration. State Street Global Advisors (SSGA) manages all underlying investments for CERBT, which include: Global Equity, Fixed Income, Real Estate Investment Trusts, Treasury Inflation -Protected Securities, and Commodities.' Custodian and Record Keeper State Street Bank serves as custodian for the CERBT. Northeast Retirement Services serves as recordkeeper. Expenses CERBT is a self -funded trust in which participating employers pay for all administrative and investment expenses. Expenses reduce the gross investment return by the fee amount. The larger the expenses, the greater the reduction of investment return. Currently, CERBT expenses are 0.10% which consist of administrative expenses borne by CalPERS to administer and oversee the Trust assets, investment management and administrative fees paid to SSGA to manage all asset classes, and recordkeeping fees paid to Northeast Retirement Services to administer individual employer accounts. The expenses described herein are reflected in the net asset value per unit. The expense ratio is subject to change at any time and without prior notification due to factors such as changes to average fund assets or market conditions. CalPERS reviews the operating expenses annually and changes may be made as appropriate. Even if the portfolio loses money during a period, the expenses will still be charged. CERBT Strategy Risk Levels What Employers Own Each employer invested in CERBT Strategy 2 owns units of this portfolio, which invests in pooled asset classes managed by CalPERS and/or external advisors. Employers do not have direct ownership of the securities in the portfolio. Price The value of the portfolio changes daily based upon the market value of the underlying securities. Just as prices of individual securities fluctuate, the portfolio's value also changes with market conditions. Principal Risks of the Portfolio The CalPERS CERBT Fund provides California government employers with a trust through which they may prefund retiree medical costs and other post - employment benefits (OPEB). CERBT is not, however, a defined benefit plan. There is no guarantee that the portfolio will achieve its investment objectives or provide sufficient funding to meet employer obligations. Further, CalPERS will not make up the difference between an employer's CERBT assets and the actual cost of OPEB provided to an employer's plan members. An investment in the portfolio is not a bank deposit, nor is it insured or guaranteed by the Federal Deposit Insurance Corporation (FDIC), CalPERS, the State of California or any other government agency. There are risks associated with investing, including possible loss of principal. The portfolio's risk depends in part on the portfolio's asset class allocations and the selection, weighting and risks of the underlying investments. For more information about investment risks, please see the document entitled "CERBT Principal Investment Risks" located at www.calpers.ca.gov. Fund Performance Performance data shown on page 1 represents past performance and is no guarantee of future results. The investment return and principal value of an investment will fluctuate so that an employer's units, when redeemed, may be worth more or less than their original cost. Current performance may be higher or lower than historical performance data shown. For current performance information, please visit www.calpers.ca.gov and follow the links to California Employers' Retiree Benefit Trust. CalPERS offers employers the choice of one of three investment strategies. Projected risk levels among strategies vary, depending upon the target asset class allocations. Generally, equities carry more risk than fixed income securities. Asset Class Target Allocations' Global Equity Strategy 1 59% Strategy 2 40% Strategy 3 22% Fixed Income 25% 43% 49% Treasury Inflation -Protected Securites 5% 5% 16% Real Estate Investment Trusts 8% 8% 8% Commodities 3% 4% 5% CERBT Strategy 1 More conservative Less conservative CERBT Strategy 2 More conservative Less conservative CERBT Strategy 3 More conservative Less conservative ' Since June 2018 SSGA has passively managed all CERBT asset classes. Previously Fixed Income, TIPS and Commodity asset classes were managed internally by CaIPERS. City of Burlingame CERBT Strategy 2 Entity #: SKB7-1429123533-001 Quarter Ended December 31, 2021 Market Value Summary: Beginning Balance Contribution Disbursement Transfer In Transfer Out Investment Earnings Administrative Expenses Investment Expense Other Ending Balance FY End Contrib per GASB 74 Para 22 FY End Disbursement Accrual Grand Total QTD Current Period $30,433,976.92 180,000.00 0.00 0.00 0.00 1,189,125.11 (3,872.98) (2,831.80) 0.00 $31,796,397.25 0.00 0.00 $31,796,397.25 Fiscal Year to Date $30,305,289.75 360,000.00 0.00 0.00 0.00 1,144,418.60 (7,689.11) (5,621.99) 0.00 $31,796,397.25 0.00 0.00 $31,796,397.25 Unit Value Summary: Beginning Units Unit Purchases from Contributions Unit Sales for Withdrawals Unit Transfer In Unit Transfer Out Ending Units Period Beginning Unit Value Period Ending Unit Value APON,, CaIPERS QTD Current Period 1,406,903.988 8,165.949 0.000 0.000 0.000 1,415,069.937 21.631879 22.469842 Fiscal Year to Date 1,398,766.071 16,303.866 0.000 0.000 0.000 1,415,069.937 21.665732 22.469842 Please note the Grand Total is your actual fund account balance at the end of the period, including all contributions per GASB 74 paragraph 22 and accrued disbursements. Please review your statement promptly. All information contained in your statement will be considered true and accurate unless you contact us within 30 days of receipt of this statement. If you have questions about the validity of this information, please contact CERBT4UQcalpers.ca.gov. Page 1 of 2 Statement of Transaction Detail for the Quarter Ending 12/31/2021 City of Burlingame Entity #: SKB7-1429123533-001 Date Description Amount Unit Value 10/05/2021 Contribution $60,000.00 $21.677599 11/03/2021 Contribution $60,000.00 $22.358339 12/06/2021 Contribution $60,000.00 $22.103088 Units Check/Wire 2,767.834 1000000423676 76 2,683.562 1000000426186 79 2,714.553 1000000428421 64 ANON%, CaIPERS Notes Client Contact: CERBT4U@CalPERS.ca.gov If you have any questions or comments regarding the new statement format please contact CERBT4U@Ca1PERS.ca.gov Page 2 of 2 PUBLIC AGENCY RETIREMENT SERVICES PARS CITY OF BURLINGAME Account Report for the Period PARS Post Employment Benefits Trust 12/1/2021 to 12/31/2021 Helen Yu -Scott Finance Director City of Burlingame 501 Primrose Rd., 1 st Floor Burlingame, CA 94010 Account Summary Balance as of Balance as of Source 12/1/2021 Contributions Earnings Expenses Distributions Transfers 12/31/2021 PENSION $20,712,039.76 $0.00 $360,184.61 $7,654.43 $0.00 $0.00 $21,064,569.94 Totals $20,712,039.76 $0.00 $360,184.61 $7,654.43 $0.00 $0.00 $21,064,569.94 Investment Selection Source PENSION City of Burlingame Investment Objective Source PENSION Individual Custom Account Investment Return Annualized Return Source 1-Month 3-Months 1-Year 3-Years 5-Years 10-Years Plan's Inception Date PENSION 1.74% 3.08% 9.02% 13.20% 10/3/2017 Information as provided by US Bank, Trustee for PARS; Not FDIC Insured; No Bank Guarantee; May Lose Value Past performance does not guarantee future results. Performance returns may not reflect the deduction of applicable fees, which could reduce returns. Information is deemed reliable but may be subject to change. Investment Return: Annualized rate of return is the return on an investment over a period other than one year multiplied or divided to give a comparable one-year return. Account balances are inclusive of Trust Administration, Trustee and Investment Management fees Headquarters - 4350 Von Kannan Ave., Suite 100, Newport Beach, CA 92660 800.540.6369 Fax 949.250.1250 www.pars.org BUR— IN�AAGENDA NO: 8e STAFF REPORT MEETING DATE: February 22, 2022 To: Honorable Mayor and City Council Date: February 22, 2022 From: Lisa K. Goldman, City Manager — (650) 558-7243 Subject: Approval of Councilmember O'Brien's Out -of -State Travel to Attend the American Societv on Aqinq Annual Conference RECOMMENDATION Staff recommends that the City Council approve Councilmember O'Brien's out-of-state travel to attend the American Society on Aging's annual conference. BACKGROUND In 2021, the City of Burlingame partnered with San Mateo County and the Center for Age -Friendly Excellence (CAFE) to achieve the World Health Organization's Age -Friendly City designation. By participating in the program, Burlingame has committed to encouraging and promoting public policies and projects in support of seniors' health and active living. DISCUSSION During her recent term as Mayor, Councilmember O'Brien brought the Age -Friendly Cities program to Burlingame and has remained involved in furthering the City's age -friendly work. She would now like to attend the American Society on Aging's annual conference in New Orleans in April. The conference is the largest multidisciplinary conference on aging in the U.S. This year's theme is advancing economic security, and the conference includes keynotes, general sessions, workshops, and special events covering all aspects of the field of aging. Councilmember O'Brien believes that this conference will be a good opportunity to learn from other Age -Friendly Cities and bring back fresh ideas to incorporate in Burlingame's work. FISCAL IMPACT Councilmembers each have $3,000 in their travel accounts to use for conferences, trainings, and other meetings. (The Mayor has a $4,000 travel account.) Councilmember O'Brien has not spent any of her travel account budget this fiscal year, so sufficient funds are available for her to attend this conference. 1 I �e Avovwi To: Date: From: Subject STAFF REPORT Honorable Mayor and City Council February 22, 2022 AGENDA NO: 10a MEETING DATE: February 22, 2022 Scott Spansail, Assistant City Attorney — (650) 558-7204 Adoption of a Resolution Establishing the City of Burlingame's Outdoor Flagpole Display Policy RECOMMENDATION Staff recommends that the City Council consider this staff report and resolution, and provide direction to staff regarding the City's proposed Outdoor Flagpole Display Policy. If the City Council wishes to move forward with the proposed policy, staff recommends the City Council adopt the attached resolution. BACKGROUND In June 2021, the Burlingame City Council adopted a resolution directing staff to fly the Pride Flag above City Hall in commemoration of Pride Month. During the discussion of this item, the City Council asked that staff prepare a City flag policy to be considered at a future City Council meeting. The proposed City of Burlingame Outdoor Flagpole Display Policy would set guidelines and procedures for all flags that are raised on a City -owned flagpole. This includes procedures for both the traditional flying of Federal, State and City flags, as well as commemorative and ceremonial flags that are requested by the City Council. The proposed policy also explicitly states that the City's flagpoles are not a public forum for free speech and may only express the City Council's official sentiments and thus the City's own speech. Under the Government Speech doctrine, a City may advance its own speech without requiring viewpoint neutrality when the City itself is the speaker, so long as the speech does not communicate a religious preference or violate a separate constitutional provision. This protection exists so long as the City is exercising its own right of expression and is not relaying the message of a distinct third party. The proposed policy's guidelines and procedures will ensure that City flagpoles never become a public forum for third party expressions and only convey the City Council's official government speech. 1 Outdoor Flagpole Display Policy February 22, 2022 Fiscal Impact The fiscal impact of this policy is limited to the purchase of commemorative and/or ceremonial flags. Exhibit: • Resolution o Exhibit A: City of Burlingame Outdoor Flagpole Display Policy 2 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME ESTABLISHING THE CITY'S OUTDOOR FLAGPOLE DISPLAY POLICY WHEREAS, the City Council of the City of Burlingame desires the ability to display commemorative and ceremonial flags on City -owned flagpoles as an expression of the City Council's official sentiments; and WHEREAS, the City's flagpoles are not intended to serve as forums for free speech or expression by the public, and are intended only to display commemorative or ceremonial flags that express the official sentiment of the City Council, as determined by a majority vote; and WHEREAS, to ensure the proper administration and display of all flags on City -owned flagpoles, the City Council wishes to establish and adopt an Outdoor Flagpole Display Policy. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BURLINGAME RESOLVES AS FOLLOWS: Section 1. The foregoing recitals are true and correct and incorporated into this Resolution by this reference. Section 2. The City Outdoor Flagpole Display Policy, attached hereto as Exhibit A, is approved and adopted. Section 3. The City Manager is authorized to make any revisions, amendments, corrections and modifications to the Outdoor Flagpole Display Policy, subject to the approval of the City Attorney, deemed necessary to carry out the intent of this Resolution and which do not materially alter the Council's approval of this Policy. Section 4. The City Manager is authorized to take any other related actions consistent with the intention of this Resolution. NOW, THEREFORE, BE IT FURTHER RESOLVED that this Resolution shall become effective immediately upon its passage and adoption. Ricardo Ortiz, Mayor I, Meaghan Hassel Shearer, City Cler k Meaghan Hassel Shearer, City Clerk Pa EXHIBIT A City of Burlingame Outdoor Flagpole Display Policy The City Council of the City of Burlingame hereby establishes and adopts the City of Burlingame's Outdoor Flagpole Display Policy ("Policy"), which controls the display of all flags on City -owned flagpoles. This Policy includes the outdoor display of all Federal, State and City flags, as well as the display of commemorative and/or ceremonial flags, on City -owned flagpoles. In adopting this Policy, the City Council declares that the City of Burlingame's flagpoles are not a public forum for free speech or expression for the public. By adopting this Policy, it is the intent of the City Council not to establish a public form on City -owned flagpoles. Any commemorative or ceremonial flag displayed on City -owned flagpoles must be authorized by a majority vote of the City Council, and therefore will be flown as an expression of the City Council's official sentiments. Policy I. Standards All flags flown on City -owned flagpoles shall be flown in accordance with all Federal, State and Local rules and regulations. This provision includes compliance with Title 4, Chapter 1 of the United States Code, Sections 430-439 of the California Government Code, and this Policy. II. Procedure A. Federal, State and City Flags 1. Outdoor flags will be flown on City -owned flagpoles in the following order of precedence: first, the United States flag; second, the California State flag; and third, the Burlingame City flag. 2. Flags should be hoisted briskly and lowered ceremoniously. The United States Flag should be hoisted first and lowered last. 3. Flags should not be displayed in inclement weather. However, all- weather flags may be flown on a 24-hour basis as long as they are illuminated from sunset to sunrise. B. Commemorative and Ceremonial Flags The City's flagpoles are not intended to serve as a public forum for free speech or expression by the public. A request to fly a commemorative or ceremonial flag must be made by a City Council member during a duly - noticed meeting by the City Council, and the request will be voted upon by the City Council at a later, duly -noticed City Council meeting. All requests to fly a commemorative or ceremonial flag must receive a majority vote of the City Council to be approved. For purposes of this Policy only, a majority vote of the City Council is defined as a majority of a quorum of the City Council on the date the vote is taken. 2. Commemorative or ceremonial flags shall be displayed for a period of time that is reasonable or customary for the subject that is to be 3 commemorated or celebrated, but shall not exceed thirty-one (31) continuous calendar days. 3. All commemorative and ceremonial flags will be displayed on City flagpoles in the last position, under all Federal, State and City flags. 4 I BUIRLIINGAMESTAFF • R Avovw To: Honorable Mayor and City Council Date: February 22, 2022 From: Mike Matteucci, Chief of Police AGENDA NO: 10b MEETING DATE: February 22, 2022 Subject: Automated License Plate Reader (ALPR) Discussion RECOMMENDATION Staff recommends that the City Council review the additional information it requested on Automated License Plate Readers (ALPRs) and provide direction on their possible deployment in Burlingame. BACKGROUND On January 18, 2022, staff made a presentation to the Burlingame City Council regarding ALPRs. After discussion, the City Council requested staff gather additional information. The Council was particularly interested in input from other San Mateo County cities currently using ALPRs. DISCUSSION Burlingame is one of six cities in San Mateo County not currently utilizing ALPRs. This is a correction from the original staff report dated January 18, 2022, which listed Burlingame as one of four. Staff contacted the 14 cities within San Mateo County currently utilizing ALPRs and obtained the following information: • The number of ALPRs utilized in each city ranges from one to 52 (with an average of approximately 20 per city). • Three out of the 14 cities utilize only mobile ALPRs (i.e. they have ALPRs on some or all of their police vehicles but no fixed ALPRs at the moment). • In selecting the locations for fixed ALPRs, all cities used methods such as covering major entrances/exits, covering major thoroughfares, crime trend maps, etc. None of the cities retained any outside consultants to assist with ALPR placement. • None of the cities implemented any unorthodox polices in relation to ALPR use (i.e. no restrictions on stopping vehicles for minor traffic or misdemeanor violations). • In regards to data retention, the cities are split, with approximately half retaining the data for 30 days and half retaining the data for one year. 1 Automated License Plate Reader (ALPR) Discussion February 22, 2022 • The cities vary the most in regards to data sharing. Some share their data by request only; some share within San Mateo County only; and some also share with the Northern California Regional Intelligence Center (NCRIC). • Staff received overwhelmingly positive feedback regarding ALPR use. None of the cities reported any major issues with implementation, all believe ALPRs are helping to solve crimes and catch criminals, and all recommend their use. Some of the comments received from Police Chiefs and Captains surveyed included the following: • ALPR information has been instrumental as an investigative aid for criminal investigations as well as a factor in the return of some at -risk missing persons. • We have been able to prevent crimes by arresting wanted suspects or recovering stolen cars, and ALPRs have been credited in helping solve various cases including homicides and home invasion robberies. • We've had a number of success stories with other jurisdictions' cameras. We've apprehended armed robbery suspects, an attempted murder suspect, etc. • The cameras have been a huge help. Since July 2021, we dispatched patrol units 76 times on hits (recovering 3 firearms and 10 stolen vehicles through the system). • There is no doubt that these cameras have enabled us to: solve more crimes; catch more criminals; prosecute more cases; make arrests without having to catch suspects in the act; recover more stolen vehicles; assist outside agencies with apprehensions; deter criminal activity by alerting us to the presence of known crime vehicles in our city, etc. • It has been a great tool, but the ALPR system is limited in what it can do, so don't have the expectation that it will solve most problems. • I would definitely recommend the cameras, and having us all on the same system is extremely beneficial. • ALPRs also provide feedback as to how many vehicles travel on roadways equipped with ALPRs. This has been helpful for Public Works from time to time. Next Steps Staff requests that the City Council provide direction regarding the deployment of ALPRs in Burlingame. Should the Council wish to move forward, then staff will develop an ALPR program for Council's approval that will include the number of ALPRs utilized, their locations, and policies regarding data retention and data sharing. FISCAL IMPACT There is no fiscal impact associated with this report. Should the City Council choose to move forward with the deployment of ALPRs, then the cost would depend on the number of ALPRs utilized. 2 Automated License Plate Reader (ALPR) Discussion February 2Z 2022 Exhibit: • Staff Report from January 18, 2022 �� CITV O �� `� STAFFME • R Avovw To: Honorable Mayor and City Council Date: January 18, 2022 From: Mike Matteucci, Chief of Police AGENDA NO: 10b MEETING DATE: January 18, 2022 Subject: Discussion of Automated License Plate Readers (ALPR) RECOMMENDATION Staff recommends that the City Council discuss whether it wishes to deploy Automated License Plate Readers (ALPRs) in Burlingame. BACKGROUND ALPR systems are camera systems designed to read license plates with the use of optical character recognition. ALPR systems can be fixed or mobile. The most common ALPR systems people encounter are those at bridge toll crossings DISCUSSION In June 2015, the Burlingame City Council discussed ALPRs and opted not to utilize them in Burlingame. Since that time, however, some Councilmembers have heard from constituents about their interest in deploying this technology in Burlingame. For that reason, Councilmember O'Brien Keighran asked that a discussion of ALPRs be placed on a future Council agenda. Benefits of ALPRs Burlingame is one of four cities in San Mateo County not currently utilizing ALPRs. According to the cities that have deployed them, the technology has been successful in solving crimes, locating and apprehending wanted individuals, locating missing persons and stolen vehicles, and preventing criminal activity. For example, in regards to the recent "mob style" grab and run thefts plaguing Bay Area retail shopping areas, victim agencies are able to "flag" vehicle license plate numbers associated with these thefts in the ALPR system. Agencies with ALPRs can then be alerted if these vehicles enter their jurisdiction and can immediately send Officers to their retail areas in an effort to prevent thefts from occurring. ALPRs can also be configured to send alerts if multiple vehicles without a license plate pass a reader within a short time frame, as many of these thefts occur using multiple vehicles with covered or no license plates. 1 Automated License Plate Reader (ALPR) Discussion January 18, 2022 There are many other ways ALPRs can be used to combat crime and increase the quality of life in Burlingame. For example, ALPRs could be used to deter auto burglaries along "hotel -row" (Bayshore Highway and Airport Blvd). Those responsible often utilize stolen or embezzled rental vehicles to commit these crimes. ALPRs would send an alert if these vehicles entered Burlingame, and Officers could immediately respond to the area in an attempt to prevent these crimes from occurring or apprehend suspects. This same strategy can be utilized in residential neighborhoods to combat residential and auto burglaries. In addition, vehicles used by suspects arrested in other jurisdictions committing crimes similar in nature to those committed in Burlingame could be cross checked against Burlingame ALPR data, furnishing Investigators with a tool to help identify suspects and solve Burlingame crimes. Criminals are also becoming more aware of which cities utilize ALPRs, and may start targeting those which do not. Arguments against ALPRs There are a number of concerns with the deployment of ALPRs. These include: • License plate data reveals the travel histories of millions who have committed no crime. • Information captured by readers is pooled into regional sharing systems, resulting in an enormous database of innocent motorists. • The collected information may be retained for years with few or no restrictions to protect privacy. • Data breaches and inappropriate accessing of data by users with authorization codes are possible. • The monetary cost and privacy concerns outweigh the crime reduction benefits. Costs and Next Steps The cost to deploy ALPRs is approximately $2500 per ALPR, per year. This is a lease price that would cover installation, maintenance, replacement, and 30 days of data storage. The City would retain control of the data (retention schedules, sharing policies, etc.). Any data that the Police Department chose to share with neighboring jurisdictions would be restricted and protected by policies equivalent to the policies used to protect criminal history information. Officers and Investigators from any agency (including Burlingame) could not arbitrarily search the database without permission and cause. If the City Council were to authorize the use of ALPRs within Burlingame, staff would return to the City Council with recommendations as to the number of ALPRs utilized and their locations. Staff would also need to develop policies regarding data retention and data sharing. FISCAL IMPACT There is no fiscal impact associated with this report. Should the City Council choose to move forward with the deployment of ALPRs, then the cost would depend on the number of ALPRs utilized. 2 Automated License Plate Reader (ALPR) Discussion January 18, 2022 Exhibit: None