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HomeMy WebLinkAboutAgenda Packet - CC - 2023.04.03CITY v 0 ticow � � rPORATED Monday, April 3, 2023 City of Burlingame Meeting Agenda - Final City Council 7:00 PM BURLINGAME CITY HALL 501 PRIMROSE ROAD BURLINGAME, CA 94010 Consistent with Government Code Section 54953, this City Council Meeting will be held via Zoom in addition to in person. Council Chambers To maximize public safety while still maintaining transparency and public access, members of the public can observe the meeting from home or attend the meeting in person. Below is information on how the public may observe and participate in the meeting. To Attend the Meeting in Person: Location: 501 Primrose Road, Burlingame, California 94010 To Observe the Meeting via Zoom: To access the meeting by computer. Go to www.zoom.us/join Meeting ID: 868 1243 0617 Passcode:654878 To access the meeting by phone: Dial 1-669-900-6833 Meeting ID: 868 1243 0617 Passcode:654878 To Provide Public Comment in Person: Members of the public wishing to speak will be asked to fill out a "Request to Speak" card located on the table by the door and then hand it to staff. The provision of a name, address, or other identifying information is optional. Speakers are limited to three minutes each, however, the Mayor may adjust the time limit in light of the number of anticipated speakers. To Provide Public Comment via Zoom: During the meeting, public comment may be made by members of the public joining the meeting via Zoom. Zoom access information is provided above. Use the "Raise Hand" feature (for those joining by phone, press "9" to "Raise Hand) during the public comment period for the agenda item you wish to address. The Zoom Host will call on people to speak by name provided or the last four digits of the phone number for dial -in attendees. Speakers are limited to three minutes each, however, the Mayor may adjust the time limit in light of the number of anticipated speakers. City of Burlingame Page 1 Printed on 313012023 City Council Meeting Agenda - Final April 3, 2023 To Provide Public Comment via Email: 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 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 Monday, April 3, 2023. 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. 1. CALL TO ORDER - 7:00 p.m. - Council Chambers/Online To access the meeting by computer: Go to www.zoom.us/join Meeting ID: 868 1243 0617 Passcode:654878 To access the meeting via phone: Dial 1-669-900-6833 Meeting ID: 868 1243 0617 Passcode:654878 2. PLEDGE OF ALLEGIANCE TO THE FLAG 3. ROLL CALL 4. REPORT OUT FROM CLOSED SESSION 5. UPCOMING EVENTS 6. PRESENTATIONS 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. City of Burlingame Page 2 Printed on 3/30/2023 City Council Meeting Agenda - Final April 3, 2023 a. Approval of City Council Meeting Minutes for the March 15, 2023 Closed Session Attachments: Meeting Minutes b. Approval of City Council Meeting Minutes for the FY 2022-23 Mid -Year Budget Study Session Attachments: Meeting Minutes C. Adoption of an Ordinance of the City of Burlingame Amending Chapter 8.18 of the Burlingame Municipal Code and Establishing a Temporary Ban on Smoking in the Broadway Business Improvement District Through December 31, 2023; CEQA Determination: Exempt Pursuant To State CEQA Guidelines Sections 15378 And 15061(b)(3) Attachments: Staff Report Ordinance March 20, 2023 Staff Report d. Adoption of a Resolution of Intent to Amend the City of Burlingame Master Fee Schedule For the 2023-24 Fiscal Year and Set the Public Hearing for Such Amendment for May 1, 2023 Attachments: Staff Report Resolution FY2023-24 Proposed Master Fee Schedule DOL San Francisco Area - February 2023 CPI User Fee Cost Recovery Policy e. Adoption of a Resolution of Intention to Lew Broadwav Area Business Improvement District Assessments for Fiscal Year 2023-24; Setting a Public Hearing for May 1, 2023; and Approving the District's Annual Report for 2022-23 Attachments: Staff Report Resolution BABID Annual Report Notice 9. PUBLIC HEARINGS (Public Comment) 10. STAFF REPORTS AND COMMUNICATIONS (Public Comment) City of Burlingame Page 3 Printed on 313012023 City Council Meeting Agenda - Final April 3, 2023 a. Adoption of a Resolution Approving the Installation of a Public Art Sculpture and Authorizing the City Manager to Enter Into an Art Donation Acceptance Agreement Attachments: Staff Report Resolution Photographs Trustee Minutes Draft Agreement b. Adoption of a Resolution Approving a Professional Services Agreement with SWA Group in the Amount of $617,150 for Construction Documentation and Bid Phase Services for a Town Square Protect on City Parking Lot E, City Proiect No. 86120, and Authorizing the City Manager to Execute the Agreement; Transferring $800,000 From the General Fund Reserve to the Capital Proiect Fund; and Appropriating $800,000 in the Capital Proiect Fund for the Agreement and Related Activities Attachments: Staff Report Resolution Professional Services Agreement SWA Construction Documents and Bid Phase Proposal 11. COUNCIL COMMITTEE AND ACTIVITIES REPORTS AND ANNOUNCEMENTS Councilmembers report on committees and activities and make announcements. 12. FUTURE AGENDA ITEMS 13. ACKNOWLEDGMENTS The agendas, packets, and meeting minutes for the Planning Commission, Traffic Safety & Parking Commission, Beautification Commission, Parks & Recreation Commission, and the Library Board of Trustees are available online at www.burlingame.org. 14. ADJOURNMENT 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 Monday, April 3, 2023 at (650) 558-7203 or at mhasselshearer@burlingame.org. Any individual who wishes to request an alternate format for the agenda, meeting notice, or other writings that are distributed at the meeting should contact Meaghan Hassel -Shearer, City Clerk by 10:00 a.m. on Monday, April 3, 2023 at (650) 558-7203 or at mhasselshearer@burlingame.org. Notification in advance of the meeting will enable the City to make reasonable arrangements to ensure accessibility to the meeting, the materials related to it, and your ability to comment. City of Burlingame Page 4 Printed on 3/30/2023 City Council Meeting Agenda - Final April 3, 2023 NEXT CITY COUNCIL MEETING Regular City Council Meeting on Monday, April 17, 2023 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 5 Printed on 3/30/2023 CITY 0 BURLINGAME y P 4R--� BURLINGAME CITY COUNCIL Unapproved Minutes Closed Session on March 15, 2023 1. CALL TO ORDER Agenda Item: 8a Meeting Date: April 3, 2023 A duly noticed closed session of the Burlingame City Council was held on the above date in Conference Room A at 5:47 p.m. 2. ROLL CALL MEMBERS PRESENT: Brownrigg, Colson, Ortiz, Stevenson MEMBERS ABSENT: Beach (recused) 3. PUBLIC COMMENTS There was no public comment. 4. REPORT OUT FROM CLOSED SESSION a. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54956.8 PROPERTY: 1200-1340 OLD BAYSHORE HIGHWAY; BURLINGAME, CA AGENCY NEGOTIATORS: CITY MANAGER LISA K. GOLDMAN, CITY ATTORNEY MICHAEL GUINA NEGOTIATING PARTIES: CITY OF BURLINGAME: DW BURLINGAME VENTURE. LLC — DIVCOWEST UNDER NEGOTIATIONS: PRICE AND TERMS OF REAL ESTATE NEGOTIATIONS Councilmember Beach recused herself from this item due to a conflict of economic interest. City Attorney Guina stated that direction was given but no reportable action was taken. 1 5. ADJOURNMENT Mayor Brownrigg adjourned the meeting at 6:28 p.m. Agenda Item: 8a Meeting Date: April 3, 2023 Respectfully submitted, Meaghan Hassel -Shearer City Clerk 2 Agenda Item: 8b Meeting Date: April 3, 2023 CITY G BURLN4GAME ;'- e BURLINGAME CITY COUNCIL Unapproved Minutes FY 2022-23 Mid -Year Budget Study Session on March 15, 2023 1. CALL TO ORDER A duly noticed meeting of the Burlingame City Council was held on the above date in person and via Zoom Webinar at 6:30 p.m. 2. PLEDGE OF ALLEGIANCE TO THE FLAG The pledge of allegiance was led by DPW Murtuza. 3. ROLL CALL MEMBERS PRESENT: Beach, Brownrigg, Colson, Ortiz, Stevenson MEMBERS ABSENT: None 4. PUBLIC COMMENTS. NON -AGENDA There were no public comments. 5. STAFF REPORTS AND COMMUNICATIONS a. ADOPTION OF A RESOLUTION AMENDING THE FY 2022-23 OPERATING AND CAPITAL BUDGET TO REFLECT THE RECOMMENDED MID -YEAR ADJUSTMENTS AND ADOPTION OF A RESOLUTION AUTHORIZING POSITION AMENDMENTS Finance Director Yu -Scott stated that on June 6, 2022, the City Council adopted the $129.11 million FY 2022-23 Operating and Capital Improvement Budget. She then reviewed the breakdown of this budget: • General Fund - $67.60 million • Capital improvements - $21.91 million • Utilities (water and sewer) - $27.75 million • Other funds - $11.85 million • TOTAL - $129.11 million 1 Agenda Item: 8b Meeting Date: April 3, 2023 Finance Director Yu -Scott reviewed the following chart: General Fund FY 2022-23 Total Resources $70.63 million Total Requirements $75.79 million Resources (Under Requirements) ($5.16 million) She stated that the City entered FY 2022-23 with a deficit of $5.16 million, which was funded by reserves. Finance Director Yu -Scott stated that the General Fund revenues for FY 2022-23 of $70.63 million were used to cover the General Fund expenditures of $67.60 million. She discussed the following transfers from the General Fund: • Support capital improvements- $5.19 million • Debit service obligations - $3.60 million • Cost recovery - $1.85 million • Contribution to Pension Trust Fund - $1.25 million She stated that after the transfers, the City was left with a net deficit of $5.16 million. Finance Director Yu -Scott reviewed a chart of the projected revenues for all the General Fund sources in FY 2022-23. She stated that since the adopted budget, the projections for FY 2022-23 have increased by 6.9%. Finance Director Yu -Scott reviewed the three main revenue sources for the City: • Property tax — for FY 2022-23 is expected to be $1.2 million (or 4.1%) more than the adopted budget due to o ERAF Refund - $89,000 better than budgeted o Property Tax in Lieu of VLF is $1.1 million more than budgeted • Sales and Use Tax — this revenue source has recovered more than anticipated with an upward adjustment of $352,000 ($161,000 from Measure 1) • Transient Occupancy Tax (TOT) — is expected to be nearly $2.8 million (or 21.2%) more than the adopted budget She noted that these three sources make up approximately 83% of the City's revenue. Finance Director Yu -Scott reviewed a bar chart that depicted the City's TOT revenue by month for FY 2018- 19 through the projected FY 2022-23. She noted that while the City's TOT revenue has not recovered to the FY 2018-19 level (the last full year pre -pandemic), it has made a rebound. Finance Director Yu -Scott reviewed the revenue amendments for the FY 2022-23 General Fund: 2 Agenda Item: 8b Meeting Date: April 3, 2023 General Fund FY 2022-23 Amendments Property Tax $1,154,500 Sales and Use Tax $352,000 Transient Occupancy Tax $2,750,000 Other Taxes — Franchise Tax $91,500 Other Taxes — Property Transfer Tax ($300,000) Charges for Services $778,000 Other Revenue $23,000 State Subventions $10,000 TOTAL $4,859,000 Finance Director Yu -Scott reviewed a bar chart depicting the City's General Fund Revenues since FY 2017- 18. She noted that the City's General Fund Revenues were $84.5 million in FY 2018-19 and are projected to be $75.5 million in FY 2022-23. Finance Director Yu -Scott reviewed the expenditure amendments for the FY 2022-23 General Fund: General Fund FY 2022-23 Amendments General Government $40,166 Public Safety $419,356 Public Works $87,823 Community Development $301,397 Leisure and Culture $2,413,275 TOTAL $3,262,017 Finance Director Yu -Scott stated that based on the new projections for FY 2022-23, the City has a net operating deficit of $2.6 million before the transfer of $1.25 million to the Pension Trust Fund. Finance Director Yu -Scott reviewed the General Fund balance assignments for the City: FY 2020-21 Actuals FY 2021-22 Actuals FY 2022-23 FY 2022-23 New Adopted Budget Projection Economic Stability $14,356,000 $16,441,000 $16,952,000 $18,118,000 Reserve Catastrophic $2,000,000 $2,000,000 $2,000,000 $2,000,000 Reserve Contingency $500,000 $500,000 $500,000 $500,000 Reserve Subtotal Assigned $16,856,000 $18,941,000 $19,452,000 $20,618,000 Fund Balance Agenda Item: 8b Meeting Date: April 3, 2023 Add: Restricted for $15,723,356 $15,251,760 $18,825,956 $16,502,360 Pension Trust Fund (PARS) Add: Unassigned $12,627,703 $13,201,060 $583,976 $7,650,231 Fund Balance TOTAL Ending $45,207,059 $47,393,820 $38,861,932 $44,770,591 Fund Balance Mayor Brownrigg asked where the funds are kept for the Broadway Grade Separation. Finance Director Yu - Scott replied that the funds are being set aside for the Broadway Grade Separation in the Capital Reserves. Mayor Brownrigg asked about the additional costs that increased the expenditures for the City. Finance Director Yu -Scott stated that a large part of the cost is due to the tree settlement. She added that the City also had to make an additional payment to the OPEB fund due to vacancies. Vice Mayor Colson asked if she was correct that the Economic Stability Reserve is funded at 24% of the projected operating revenue. Finance Director Yu -Scott replied in the affirmative. Finance Director Yu -Scott reviewed the revenue amendments for other funds in FY 2022-23: Other Fund FY 2022-23 Amendments Gas Tax — Highway User's Tax ($64,100) State Grant Fund $140,000 Water Enterprise Fund $36,000 Parking Enterprise $59,000 Building Enterprise $1,043,120 General Liability Insurance Fund $1,500,000 OPEB Internal Services Fund $400,000 TOTAL $3,114,020 Finance Director Yu -Scott reviewed the expenditure amendments for other funds in FY 2022-23: Other Fund FY 2022-23 Amendments State Grant Fund $140,000 Housing Fund $24,500 Water Enterprise Fund $219,109 Sewer Enterprise Fund $9,020 Parking Enterprise Fund $72,306 Solid Waste Enterprise Fund $40,908 Landfill Fund $654 Building Enterprise Fund $825,620 4 Agenda Item: 8b Meeting Date: April 3, 2023 Facilities Services Fund $103,543 Fleet/Equipment Service Fund $3,970 General Liability Insurance Fund $1,517,060 Information Technology Services Fund $1,986 TOTAL $2,958,676 Councilmember Ortiz asked if the approximately $1.5 million payment to the General Liability Insurance Fund was a one-time payment. Finance Director Yu -Scott stated that there would be a few more payments that would need to be paid. Finance Director Yu -Scott reviewed the transfer in and transfer out amendments for FY 2022-23: Transfers FY 2022-23 Amendments Transfer Out from General Fund ($5,000) Transfer In to Special Revenue Fund Park Donation and Replacement Project CIP Project Number 9560 $5,000 Finance Director Yu -Scott reviewed the proposed personnel classification and position changes in the mid- year budget: • Reclassification of two Parks Maintenance Worker positions to two Tree Maintenance Worker positions • Reclassification of one Parks Maintenance Worker to one Irrigation Repair Specialist position Mayor Brownrigg opened the item up for public comment. No one spoke. Councilmember Beach thanked Finance Director Yu -Scott for her report. Councilmember Beach made a motion to adopt Resolution Number 025-2023; seconded by Councilmember Ortiz. The motion passed unanimously by roll call vote, 5-0. Councilmember Ortiz made a motion to adopt Resolution Number 026-2023; seconded by Vice Mayor Colson. The motion passed unanimously by roll call vote, 5-0. Finance Director Yu -Scott next reviewed the City's five-year financial forecast. She began by discussing the breakdown of the General Fund's revenue sources for the FY 2022-23: • Property Tax — 39% • Sales and Use Tax — 23.1% • Transient Occupancy Tax— 20.8% • Other Revenue —17% 5 Agenda Item: 8b Meeting Date: April 3, 2023 She noted that while TOT used to be the largest source of revenue for the City, it is now the third largest. She then showed a bar chart that depicted how the different sources of revenue changed over the past six yea rs. Finance Director Yu -Scott discussed the City's projected property tax over the next five years. She stated that the City is predicting an average year growth of 4% to 5%. Finance Director Yu -Scott then reviewed the City's sales tax assumptions over the next five years: • FY 2022-23 new projection - $17,468,000 • FY 2023-24 forecast - $17,458,000 • FY 2024-25 forecast - $17,919,000 • FY 2025-26 forecast - $18,277,000 • FY 2026-27 forecast - $18,643,000 • FY 2027-28 forecast - $19,016,000 Finance Director Yu -Scott reviewed the City's TOT assumptions for the next five years: • FY 2022-23 new projection - $15,725,000 • FY 2023-24 forecast - $17,298,000 • FY 2024-25 forecast - $20,758,000 • FY 2025-26 forecast - $22,211,000 • FY 2026-27 forecast - $23,322,000 • FY 2027-28 forecast - $24,488,000 Finance Director Yu -Scott reviewed the City's General Fund revenue forecast for the next five years: • FY 2022-23 new projection - $75,492,225 • FY 2023-24 forecast - $80,465,800 • FY 2024-25 forecast - $85,846,850 • FY 2025-26 forecast - $89,321,680 • FY 2026-27 forecast - $92,631,560 • FY 2027-28 forecast - $96,152,340 She noted that an economic recession was not included in the predictions. Councilmember Beach asked if the ERAF refund was figured into the property tax projections. Finance Director Yu -Scott replied in the affirmative. Finance Director Yu -Scott reviewed the City's expenditure forecast for the next five years: N. Agenda Item: 8b Meeting Date: April 3, 2023 • FY 2022-23 new projection - $71,178,930 • FY 2023-24 forecast - $73,829,709 • FY 2024-25 forecast - $76,100,029 • FY 2025-26 forecast - $78,760,029 • FY 2026-27 forecast - $81,540,029 • FY 2027-28 forecast - $84,344,029 She noted that the HR Director is currently working on new MOUs with the City's unions. She explained that the new MOUs will affect the forecast for salaries and wages. She added that there are 17 different benefit line items that must be considered when projecting the City's benefits for the next five years. Mayor Brownrigg stated that in the future, he would find it helpful if the percentage growth in expenditures is included in the five-year forecast. He added that he would also like to see a pie chart/ratio of the City's different expenditures over the next five years. Finance Director Yu -Scott replied in the affirmative. Finance Director Yu -Scott reviewed a summary of the General Fund forecast. The summary depicted the City's revenues, expenditures, transfers in and out of the General Fund, and transfers to the Pension 115 Trust Fund. She also reviewed the forecast of the General Fund's net surplus or deficit over the next five years: • FY 2022-23 new projection — ($3,873,829) • FY 2022-24 forecast — ($3,160,469) • FY 2024-25 forecast — ($6,525,299) • FY 2025-26 forecast — ($774,079) • FY 2026-27 forecast - $3,576,371 • FY 2027-28 forecast - $4,206,001 Vice Mayor Colson stated that it is important to note that the City is running a deficit because the City is transferring a significant amount of funds into the debt service fund, CIP Project Funds, Capital Investment, and the Pension 115 Trust Fund. She explained that she didn't want the community to get alarmed when they saw the numbers in red. Finance Director Yu -Scott reviewed the City's longer -term priority projects: • Broadway Grade Separation • Sea Level Rise Mitigations • El Camino Real Undergrounding • City Hall 7 Agenda Item: 8b Meeting Date: April 3, 2023 Vice Mayor Colson stated that she appreciated the list of longer -term priority projects as it stresses the need for setting aside funds for infrastructure projects. She explained that she would add the Parks Yard to this list as it needs to be renovated. Mayor Brownrigg concurred with Vice Mayor Colson. Mayor Brownrigg stated that he wondered if the City was underestimating salaries and benefits in future years. However, he noted that he is comfortable with the numbers currently listed. Councilmember Stevenson stated that he thought the impact of inflation might also have an impact on TOT. Vice Mayor Colson stated that she agreed about the importance of including the impact of inflation in future numbers. She noted that as the City's population increases, the City will also see the need to increase resources to Parks and Recreation, Fire, and the Police Department. Mayor Brownrigg thanked Finance Director Yu -Scott for her presentation. b. REVIEW OF DRAFT FY 2023-24 CAPITAL IMPROVEMENT PROGRAM FUNDED BY THE GENERAL FUND, MEASURE I, GAS TAX, MEASURE A, SENATE BILL (SB 1), PARKING ENTERPRISE FUNDS, PUBLIC FACILITIES IMPACT FEES, AND DEVELOPMENT FEES DPW Murtuza stated that in regard to Vice Mayor Colson's comments regarding the need to renovate the Parks Yard, the project is in the Master Plan for City facilities. Mayor Brownrigg discussed the need to improve accommodations that are sub -standard in the Parks Yard. Senior Civil Engineer Okada reviewed the proposed draft CIP funding for FY 2023-24: Funding Source FY 2023-24 Requests General Fund $5,220,000 Measure 1 ($1 million for sidewalks / $1 million for streets) $2,000,000 Capital Reserve $600,000 Gas Tax, Measure A, and SB 1 $1,820,000 Parking Enterprise Fund $300,000 Impact Fees $2,400,000 Developer Contributions $2,000,000 Grants $5,995,000 TOTAL $20,335,000 H Agenda Item: 8b Meeting Date: April 3, 2023 Senior Civil Engineer Okada reviewed the General Fund CIP requests by category for FY 2023-24: Programs FY 2023-24 Requests Parks and Recreation Improvements $6,970,000 Bike, Pedestrian, and Traffic Improvements $9,845,000 Building Facilities Improvements $870,000 TOTAL $17, 685,000 Senior Civil Engineer Okada reviewed the proposed Parks and Recreation Improvements for FY 2022-23: Project General Fund Impact Fees Grants/Revenue Total Funding Description Recommendation Cuernavaca Field $3,000,000 $3,000,000 Renovation and ADA Improvements (including synthetic turf) Town Square $800,000 $2,000,000 $2,800,000 Burlingame Square $200,000 $200,000 Transit Hub Mills Canyon Slide $250,000 $250,000 Repairs BSD Synthetic Turf $200,000 $200,000 Replacement Fund Murray Field $150,000 $150,000 Synthetic Turf Replacement Fund Bayside Parking $100,000 $100,000 Lot ADA, Safety, and EV Charging Batting Cage at $100,000 $100,000 Washington Park Playground $100,000 $100,000 Replacement Fund Athletic Field $50,000 $50,000 Renovations Fund Annual Tree $20,000 $20,000 Replacement TOTAL $4,720,000 $50,000 $2,200,000 $6,970,000 �9 Agenda Item: 8b Meeting Date: April 3, 2023 Mayor Brownrigg asked about the $2 million under grants/revenue for the Town Square project. City Manager Goldman stated that the grants/revenue for the Town Square project is actually $3.75 million. She explained that the City is receiving Federal and State grants along with funds from the private developer. Mayor Brownrigg asked if the turf at Cuernavaca is for the baseball/soccer field. Mr. Okada replied in the affirmative. Mayor Brownrigg asked if this would mean that dogs can no longer run on these fields. Parks and Recreation Director Glomstad stated that they would need to use other parks. Vice Mayor Colson stated that there is a three -acre park near Cuernavaca that individuals could take their dogs to. Councilmember Beach asked about the cost analysis for installing turf versus upkeep of natural fields. Parks and Recreation Director Glomstad stated that there is a lot to consider, including: • Water conservation • Field upkeep • Saturation from rain storms • ADA compliance Vice Mayor Colson stated that she was happy to see that funds were set aside for the batting cage for girls' softball. She asked if the $100,000 was enough to fund this project. Parks and Recreation Director Glomstad replied in the negative. She stated that the Parks and Recreation Foundation is planning on raising some funds to help assist with this project. Vice Mayor Colson stated she thought the City should ensure that it has facilities available for girls' softball. Councilmember Beach concurred with Vice Mayor Colson. She thought the City should explore options for fully funding this project. Mayor Brownrigg suggested that Parks and Recreation Director Glomstad come back with a staff report on the cost of batting cages. He stated that the Council could take this up as a separate issue. The Council concurred. Senior Civil Engineer Okada reviewed the proposed Bicycle, Pedestrian and Traffic Improvements for FY 2022-23: 10 Agenda Item: 8b Meeting Date: April 3, 2023 Project General Measure Impact / Grants / Capital Total Funding Description Fund A, Gas Development Revenue Reserve Recommendation /Measure I Tax, SB 1 Fees North Rollins $800,000 $3,100,000 $3,900,000 Road Bicycle and Ped Improvements California Drive $180,000 $1,620,000 $1,800,000 Class I Bike Improvements (Oak Grove to Burlingame Ave) Sidewalk $1,200,000 $100,000 $1,300,000 Repairs and ADA Ramps Program South Rollins $190,000 $440,000 $630,000 Road Traffic Calming Project Occidental Ave $180,000 $435,000 $615,000 Bike and Pedestrian Improvements and Traffic Calming Broadway $600,000 $600,000 Grade Separation (construction manager /general contractor) Old Bayshore $500,000 $500,000 Highway Complete Streets Project Vision Zero $100,000 $200,000 $300,000 Action Plan 11 Agenda Item: 8b Meeting Date: April 3, 2023 Traffic and $100,000 $100,000 Transportation Studies Citywide $50,000 $50,000 Pedestrian Safety Improvements Traffic Calming $50,000 $50,000 Improvements TOTAL $1,500,000 $470,000 $1,480,000 $5,795,000 $600,000 $9,845,000 Mayor Brownrigg asked what the status is of the Old Bayshore Complete Streets project. DPW Murtuza replied that last year, the Council approved a design concept. He explained that this year, the City is looking for Federal and State funds to assist with the project. Councilmember Beach stated that she would find it helpful to see where the funds in the grants/revenue column come from whether State, Federal, or local. DPW Murtuza stated that all of the grants are Measure A or Measure W except for the Federal grants assisting with the North Rollins Road project. Mayor Brownrigg asked if the $50,000 for traffic calming improvements is sufficient. DPW Murtuza replied that this is what staff is budgeting for now. However, if additional funds are needed, staff will come back to Council. Senior Civil Engineer Okada reviewed some of the measures that staff has been installing for bicycle, pedestrian, and traffic improvements including: • High visibility crosswalks • Four-way stops where needed • Rectangular rapid flashing beacon • Bike boulevards • Speed humps • Striping Senior Civil Engineer Okada reviewed the proposed Building Facility Improvements for FY 2023-24: Project Description General Fund Impact Fees Total Funding Recommendation Roof Replacement at $600,000 $600,000 Police Department HVAC and EMS Upgrade $170,000 $170,000 at PW Corp Yard 12 Agenda Item: 8b Meeting Date: April 3, 2023 Citywide Minor Building Facilities $100,000 $100,000 TOTAL $870,000 $870,000 Councilmember Beach stated that the Police Department used to have a flagpole. She asked if this is something that should be installed at this building. Vice Mayor Colson stated that she thought a flagpole was a good idea as it highlights that it is a civic building. Senior Civil Engineer Okada reviewed the proposed Parking and Garages Improvements for FY 2023-24: Project Description General Fund Parking Fund Total Funding Recommendation Public Parking Lot $300,000 $300,000 Resurfacing TOTAL $300,000 $300,000 Senior Civil Engineer Okada reviewed the proposed Street Resurfacing Projects for FY 2023-24: • Airport Boulevard from San Mateo city limit to 300 Airport Boulevard • Airport Boulevard from Anza Boulevard to Bridge (northbound lane) • El Prado Road from Canyon Road to Kenmar Way • Broderick Road from Rollins Road to end • Channing Road from Burlingame Avenue to Lexington Way • Concord Way from Dwight Road to Lexington Way • Cowan Road from Gilbreth Road to Bayshore Highway • Oxford Road from El Camino Real to California Drive • Vancouver Avenue from Broadway to Carmelita Avenue He noted that the total cost of the above list is $2,350,000. Senior Civil Engineer Okada reviewed the proposed CIP Recommendations for FY 2023-24: Program Draft FY 2023-24 Recommendations Parks and Recreation Improvements $6,970,000 Bike, Pedestrian, and Traffic Improvements $9,845,000 Building Facilities Improvement $870,000 Parking and Garages $300,000 Street Resurfacing Projects $2,350,000 TOTAL $20,335,000 13 Agenda Item: 8b Meeting Date: April 3, 2023 Senior Civil Engineer Okada reviewed the proposed CIP Funding for FY 2023-24: Funding Source FY 2023-24 Requests General Fund $5,220,000 Measure 1 ($1 million for sidewalks / $1 million for streets) $2,000,000 Capital Reserve $600,000 Gas Tax, Measure A, and SIB 1 $1,820,000 Parking Enterprise Fund $300,000 Impact Fees $2,400,000 Developer Contribution $2,000,000 Grants $5,995,000 TOTAL $20,335,000 Mayor Brownrigg opened the item up for public comment. No one spoke. City Manager Goldman thanked staff for putting this information together. She noted that this is just part one of the budget discussion, as the FY 2023-24 budget study session would be scheduled for May. The Council thanked staff for their work. 6. ADJOURNMENT Mayor Brownrigg adjourned the meeting at 8:01 p.m. Respectfully submitted, Meaghan Hassel -Shearer City Clerk 14 A iix& BURLINGAME STAFF REPORT AGENDA NO: 8c MEETING DATE: April 3, 2023 To: Honorable Mayor and City Council Date: April 3, 2023 From: Scott Spansail, Assistant City Attorney — (650) 558-7204 Kevin Gardiner, Community Development Director — (650) 558-7253 Joseph Sanfilippo, Economic Development & Housing Specialist — (650) 558-7264 Subject: Adoption of an Ordinance of the City of Burlingame Amending Chapter 8.18 of the Burlingame Municipal Code and Establishing a Temporary Ban on Smoking in the Broadway Business Improvement District Through December 31, 2023; CEQA Determination: Exempt Pursuant To State CEQA Guidelines Sections 15378 And 15061(b)(3) RECOMMENDATION Staff recommends that the City Council adopt the proposed Ordinance amending Chapter 8.18 of the Burlingame Municipal Code to create a temporary ban on smoking in the Broadway Business Improvement District through December 31, 2023. Recommended Procedure and Order of ODerations: A. By motion, adopt the proposed Ordinance. B. Direct the City Clerk to publish a summary of the Ordinance within 15 days of adoption. DISCUSSION At its March 20, 2023 meeting, the Council introduced and adopted the first reading of the proposed Ordnance and directed that it be brought back for second reading and final adoption. The Ordinance amends the Municipal Code to prohibit smoking in front of all street -facing business in the Broadway commercial district. This includes all commercial frontages on side streets (Capuchino, Chula Vista, Laguna, and Paloma). The Ordinance proposes the pilot to last approximately eight months, through December 31, 2023. After this pilot phase, the Council can consider whether to take action to adopt a permanent Ordinance for the Broadway Commercial District, consider a new Ordinance to apply the ban to other commercial districts within the city, or allow it to expire. The staff report from the March 20, 2023 public hearing is attached for reference. 1 Temporary Smoking Ban in the Broadway Commercial District April 3, 2023 FISCAL IMPACT The Economic Development Subcommittee (consisting of Mayor Brownrigg and Vice Mayor Colson) suggested that, should the City Council support moving forward with an ordinance to introduce a pilot smoking ban in Broadway, some City funds be allocated for "Smoke -free Broadway" signs for merchants to place in their windows. Depending on the nature of the signs, they could be printed on City Hall printers, or sent to a local printer at relatively nominal cost. Exhibits: • Proposed Ordinance • March 20, 2023 Staff Report 2 ORDINANCE NO. AN ORDINANCE OF THE CITY OF BURLINGAME AMENDING CHAPTER 8.18 OF THE BURLINGAME MUNICIPAL CODE AND ESTABLISHING A TEMPORARY BAN ON SMOKING IN THE BROADWAY BUSINESS IMPROVEMENT DISTRICT THROUGH DECEMBER 31, 2023; CEQA DETERMINATION: EXEMPT PURSUANT TO STATE CEQA GUIDELINES SECTIONS 15378 AND 15061(b)(3) WHEREAS, the U.S. Center for Disease Control and Prevention ("CDC") and the U.S. Public Health Service estimates that exposure to secondhand smoke causes an estimated 41,000 deaths each year'; and WHEREAS, the U.S. Environmental Protection Agency ("EPA") has stated that the adverse health effects of second-hand smoke remain the same regardless of whether the exposure occurs indoors or outdoors, and that outdoor secondhand smoke inhalation poses health risks to children2; and WHEREAS, the California Department of Public Health ("CDPH") has found that as of 2019, only 6.9% of Californians currently smoke cigarettes3; and WHEREAS, the Burlingame Municipal Code currently prohibits smoking in various portions of the City, including (but not limited to) buildings, restaurants, sports fields, and within 25 feet of most city -owned parks and facilities; and WHEREAS, in 2019, the City Council adopted Ordinance 1970, which prohibited the sale of flavored tobacco products within City limits; and WHEREAS, the City Council finds it necessary to further regulate smoking within areas of Burlingame with high pedestrian traffic, to protect the 93% of the population who abstain from smoking from secondhand smoke exposure; and WHEREAS, prior to the proposed implementation at multiple higher pedestrian traffic areas, the City Council finds that it is necessary to first implement a smoking prohibition in one district for limited duration, to better determine how to successfully U.S. Department of Health and Human Services. The Health Consequences of Smoking: 50 Years of Progress. A Report of the Surgeon General. Atlanta, GA: U.S. Department of Health and Human Services, Centers for Disease Control and Prevention, National Center for Chronic Disease Prevention and Health Promotion, Office on Smoking and Health, 2014. Printed with corrections, January 2014. 2 U.S. Environmental Protection Agency, Is outdoor exposure to secondhand smoke comparable to indoors? Accessed 10 March 2023. www.epa.gov/indoor-air-quality-iaq/outdoor-exposure-secondhand-smoke- comparable-indoors 3 California Department of Public Health, California Tobacco Control Program. California Tobacco Facts and Figures 2021. Sacramento, CA: California Department of Public Health; November 2021. 1 implement a larger, permanent program for other high pedestrian traffic locations in the City; and WHEREAS, the City Council finds that implementing a temporary smoking prohibition in the Broadway Business Improvement District will provide the necessary data to consider the successful implementation of a permanent smoking prohibition in high pedestrian traffic districts in the City; and WHEREAS, based upon the recitals above, the City Council finds that the proposed amendments to this Chapter are necessary for the protection of public health, safety and welfare. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BURLINGAME DOES ORDAIN AS FOLLOWS: Section 1. The recitals set forth above are true and correct, and are hereby incorporated herein by this reference as if fully set forth in their entirety. Section 2. The City Council hereby finds that the proposed Ordinance is in the public interest. Section 3. The proposed Ordinance is not a project within the meaning of section 15378 of the CEQA Guidelines because it has no potential for resulting in physical change in the environment, either directly or ultimately. In the event that this Ordinance is found to be a project under CEQA, it is subject to the CEQA exemption contained in CEQA Guidelines section 15061(b)(3) because it can be seen with certainty to have no possibility of a significant effect on the environment. Section 4. If any section, subsection, clause or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portion or sections of the Ordinance. The City Council of the City of Burlingame hereby declares that it would have adopted the Ordinance and each section, subsection, sentence, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared unconstitutional. Section 5. Chapter 8.18 of the Burlingame Municipal Code is amended as reflected in Exhibit A, attached hereto and incorporated herein by reference. Exhibit A generally shows additions with underlined text and deletions with strike Gut to.,+. The Sections of the Chapter which do not include amendments are not shown in this exhibit, and remain unchanged. Section 6. This Ordinance shall go into effect 30 days following its adoption. This Ordinance and amendments shall expire on December 31, 2023, unless extended by the City Council. VA Section 7. The City Clerk is directed to publish this ordinance in a manner required by law. I, MEAGHAN HASSEL-SHEARER, City Clerk of the City of Burlingame, certify that the foregoing ordinance was introduced at a regular meeting of the City Council held on 20th day of March 2023 and adopted thereafter at a regular meeting of the City Council held on the day of by the following votes: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ATTEST: Meaghan Hassel - Shearer, City Clerk 3 EXHIBIT A Chapter 8.18 — Smoking 8.18.010 Findings and purpose. 8.18.020 Definitions. 8.18.030 Smoking limitations in city -owned or city -controlled facilities and vehicles. 8.18.040 Prohibition of smoking in public places. 8.18.050 Regulation of smoking in places of employment. 8.18.055 Multi -family housing. 8.18.060 Where smoking not regulated. 8.18.070 Posting of signs. 8.18.080 Violations. 8.18.090 Nondiscrimination and prohibition on retaliation. 8.18.100 Tobacco vending machines prohibited except in bars. 8.18.110 Enforcement of Labor Code Section 6404.5. 8.18.120 Sale of flavored tobacco products prohibited. 8.18.020 Definitions. The following words and phrases, whenever used in this chapter, shall be construed as defined in this section: (a) "Bar" means an area which is devoted to the serving of alcoholic beverages for consumption by patrons on the premises and in which the serving of food in that bar area is only incidental to the consumption of such beverages. Although a restaurant may contain a bar, the term "bar" shall not include the restaurant's primary dining area. b) "Broadwav Pedestrian Retail District" means the area within the Broadwav Mixed Use (BRMU) Zoning District, as shown on Figure 1. Lc)(b) "Business" means any sole proprietorship, partnership, joint venture, corporation or other business entity formed for profit -making purposes, including retail establishments where goods or services are sold as well as professional corporations and other entities where legal, medical, dental, engineering, architectural or other professional services are delivered. Ld)(E) "Employee" means any person who volunteers his or her services or who is employed by any employer in consideration for direct or indirect monetary wages or profit. (e)(d) "Employer" means any person, partnership, corporation or nonprofit entity who ll employs the services of one or more persons. ff)(e) "Enclosed" means closed in by roof and at least three (3) walls. &(f) "Multi -family housing" means any structure containing two (2) or more contiguous dwelling units that share a wall, floor, or roof. (h)(g) "Nonprofit entity" means any corporation, unincorporated association or other entity created for charitable, educational, political, social or other similar purposes, the net proceeds from the operations of which are committed to the promotion of the objects or purposes of the organization and not to private financial gain. A public agency is a "nonprofit entity" within the meaning of this section. (i)(h) "Place of employment" means any enclosed area under the control of a public or private employer which employees normally frequent during the course of employment, including, but not limited to, work areas, employee lounges and restrooms, conference and class rooms, cafeterias and hallways. M(+) "Public place" means any enclosed area to which the public is invited or in which the public is permitted, including, but not limited to: banks, educational facilities, health facilities, public transportation facilities, reception areas, restaurants, retail food production and marketing establishments, rail service establishments, retail stores, theaters and waiting rooms. Public place also means that city -owned or operated property —whether enclosed or open -air —described in Section 8.18.030. (k)(}) "Restaurant" means any coffee shop, cafeteria, sandwich stand, soda fountain, private or public school cafeteria and any other eating establishment, organization, club, boardinghouse or guest house, which gives or offers food for sale to the public, guests, patrons or employees. (1)(k) "Retail tobacco store" means a retail store utilized primarily for the sale of tobacco products and accessories. (m)(1) "Service line" means indoor line at which one or more persons are waiting for or receiving service of any kind, whether or not such service includes the exchange of money. (n)(m) "Smoking" means inhaling, exhaling, burning or carrying any lighted pipe, cigar or cigarette of any kind, or any other combustible substance. 5 (o)(e) "Sports arena" means sports pavilions, gymnasiums, health spas, boxing arenas, swimming pools, athletic fields, roller and ice rinks, bowling alleys and other similar places where members of the public assemble to engage in physical exercise, participate in athletic competition or witness sports events. �0(e) "Tobacco vending machine" means any electronic or mechanical device or appliance the operation of which depends upon the insertion of money, whether in coin or paper currency, or other things representative of value, which dispenses or releases a tobacco product. (Ord. 1344 § 1, (1987); Ord. 1475 §§ 1, 2, (1993); Ord. 1481 § 1, (1993); Ord. 1901 § 1, (2014); Ord. 1919 § 1, (2015)) 8.18.040 Prohibition of smoking in public places. (a) Smoking shall be prohibited in all enclosed public places, including, but not limited to, the following places: (1) Elevators and restrooms; (2) Buses, taxicabs and other means of public transit under the authority of the city of Burlingame; (3) Service lines; (4) Retail stores; (5) Restaurants; (6) All areas available to and customarily used by the general public in all businesses and nonprofit entities patronized by the public, including, but not limited to, business offices, and banks; (7) Public areas of aquariums, libraries and museums when open to the public; (8) Any building not open to the sky which is used primarily for exhibiting any motion picture, stage drama, lecture, musical recital or other similar performance, except when smoking is part of any such production; (9) Enclosed sports arenas; n. (10) Doctors offices, dentists offices, waiting rooms, hallways, wards and semi -private rooms of health facilities, including, but not limited to, hospitals, clinics and physical therapy facilities; (11) Every room, chamber, place of meeting or public assembly, including school buildings under the control of any board, council, commission, committee including joint committees, or agencies of the city or any political subdivision of the state during such time as a public meeting is in progress, to the extent such place is subject to the jurisdiction of the city; (12) Lobbies, hallways, and other common areas in apartment buildings, condominiums, senior citizen residences, nursing homes, and other multiple -unit residential facilities; (13) Lobbies, hallways, and other common areas in multiple -unit commercial facilities; (14) Polling places; (15) Warehouse facilities of any size. (b) In addition to, and not in place of, all other prohibitions in this Chapter and under State and Federal Law, smoking shall also be prohibited in the following open spaces: (1) Throughout the Broadway Pedestrian Retail District. 7 FIGURE 1 BROADWAY PEDESTRIAN RETAIL DISTRICT BOUNDARIES 149 Op D�d�j p dp apt D �dn. qua Pp D� qa a qa qg P qa� a Qa a° paa ,9�� a as aaa 6 � .�aa a v, pp��FPO ^v � to a q a a p p a Broadway Sr, Q Q a Q q Pedestrian �a a Retail District Q a � p� d�� "vim q Aa t7�A PC, S QgG Qq O� W qa a�g 61 �� � �h` a QO q a4ov O �D ni a u5 10, , O p ad p q qa q b0 ra d Q pa O a cam w; �, :.] BURLR E AGENDA ITEM NO: 9b STAFF REPORT MEETING DATE: March 20, 2023 To: Honorable Mayor and City Council Date: March 20, 2023 From: Scott Spansail, Assistant City Attorney — (650) 558-7204 Kevin Gardiner, Community Development Director — (650) 558-7253 Joseph Sanfilippo, Economic Development & Housing Specialist — (650) 558-7264 Subject: Introduction of an Ordinance of the City of Burlingame Amending Chapter 8.18 of the Burlingame Municipal Code and Establishing a Temporary Ban On Smoking in the Broadway Business Improvement District Through December 31, 2023; CEQA Determination: Exempt Pursuant To State CEQA Guidelines Sections 15378 And 15061(b)(3) RECOMMENDATION Staff recommends that the City Council introduce the proposed Ordinance amending Chapter 8.18 of the Burlingame Municipal Code to create a temporary ban on smoking in the Broadway Business Improvement District through December 31, 2023. Recommended Procedure and Order of Operations: A. Receive the staff report and ask any questions of staff B. Conduct a public hearing. C. Following the public hearing, discuss the proposed Ordinance and determine whether to bring it back for second reading and adoption. If the Council is in favor of the Ordinance, direct the City Clerk to publish a summary of the Ordinance at least five days before its proposed adoption. BACKGROUND The Economic Development Subcommittee of the City Council (consisting of Mayor Brownrigg and Vice Mayor Colson) discussed the possibility of a smoking ban in the commercial districts at their November 17, 2022 meeting, after the idea was proposed by Broadway Business Improvement District (BID) President John Kevranian. Mr. Kevranian explained that he had received many complaints over the years related to smoking on the sidewalk, including increased air pollution and littering. These complaints increased after the introduction of parklets on the street. Mr. Kevranian further explained that the smoking presents challenges to proprietors and employees of Broadway businesses since the 1 Temporary Smoking Ban in the Broadway Commercial District March 20, 2023 smoke enters their workplaces. Mr. Kevranian encouraged education as an enforcement mechanism, given the difficulties of enforcing a ban. Education could include storefront and/or street signage, press releases, and reminders from business owners. During this meeting, the Subcommittee suggested that a ban could be a tool for business owners to guide the public. They also requested a petition of Broadway businesses before recommending the item to the full City Council. Staff visited each Broadway business with a petition, asking whether the respondents would be in favor of a smoking ban in the district. Of the 38 businesses reached, 25 supported a ban, one did not, and 12 declined to comment. At the December 14, 2022 Subcommittee meeting, staff noted potential difficulties with enforcement and suggested a long grace period prior to enforcement, partnered with widespread education. While the November 17 discussion was proposed as a citywide ban, the Subcommittee suggested that the Broadway BID would be prepared to "self -police" during a pilot phase of six months, given that merchants broadly supported it. (The Downtown Business Improvement District Board noted at their December meeting that they did not see a need for the ban Downtown at the time of the discussion.) At the February 6, 2023 City Council meeting, the Council discussed the matter, received public comment, and gave staff direction to proceed with the drafting of an ordinance to prohibit smoking in the Broadway Business District for a pilot period through December 31, 2023. The ordinance as shown in the exhibit is meant to protect public health from second-hand smoke and allow citizens and merchants to educate the public on the pilot. DISCUSSION While smoking is prohibited within 20 feet of public buildings by State law, the ordinance proposed before the City Council is intended to prohibit smoking in front of all street -facing business in the Broadway commercial district. This includes all commercial frontages on side streets (Capuchino, Chula Vista, Laguna, and Paloma). The ordinance proposes the pilot to last approximately eight months, through December 31, 2023. After this pilot phase, the Council can consider whether to make the ordinance permanent, amend it to apply it to other commercial districts within the city, or allow it to expire. When considering the pilot program, it is important to note that the City Council would be using their police power to provide for the public health, safety, and welfare of Burlingame citizens by discouraging the inherently dangerous effects of second-hand cigarette smoke. For that reason, any extension of the program would need to consider applying the ban to other pedestrian -oriented districts in the city, including Burlingame Avenue. FISCAL IMPACT The Subcommittee suggested that, should the City Council support moving forward with an ordinance to introduce a pilot smoking ban in Broadway, some City funds be allocated for "Smoke -free Broadway" signs for merchants to place in their windows. Depending on the nature of the signs, they could be printed on City Hall printers, or sent to a local printer at relatively nominal cost. 2 Temporary Smoking Ban in the Broadway Commercial District March 20, 2023 Exhibits: • Draft Ordinance �C7 AGENDA ITEM NO: 8d BURLINGAME STAFF REPORT MEETING DATE: April 3, 2023 be To: Honorable Mayor and City Council Date: April 3, 2023 From: Helen Yu -Scott, Finance Director — (650) 558-7222 Subject: Adoption of a Resolution of Intent to Amend the City of Burlingame Master Fee Schedule for the 2023-24 Fiscal Year and Set the Public Hearing for Such Amendment for Mav 1. 2023 RECOMMENDATION Staff recommends that the City Council review staff recommendations for changes to the City's Master Fee Schedule for fiscal year 2023-24, and schedule a Public Hearing for May 1, 2023, in connection with updates to the document. BACKGROUND The City Council has traditionally approved a Master Fee Schedule as part of the budget process so as to reflect the annual increase in costs that are anticipated in the upcoming fiscal year. The fee adjustments are not automatic. They require an annual review and approval by the City Council. An annual review and update ensures that fees reflect current costs to provide services, allow the addition of fees when applicable for new City services, and provide for the elimination of fees for discontinued services. A comprehensive cost allocation plan (CAP) and user fee study assists the City in determining the actual cost of providing City services and helps the departments establish appropriate user fees. The most recent CAP and updated Cost of Services study assisted departments in determining the actual cost of providing City services/programs paid for by user fees, based on the FY 2015-16 operating budget. At the time, the Cost of Services study revealed dramatic differences between actual costs and the fees charged to recover those costs. In order to allow more gradual increases to the fees charged for City services, and to fully incorporate Council input and comments on the establishment of user fees, the Master Fee Schedule has been adjusted in recent years to better align fees with a level of cost recovery appropriate forthe various services being offered. The City Council's direction allowed staff to develop the User Fee Cost Recovery Policy adopted in June 2018. The policy provides values -based and data -driven guidance for setting fees relative to the cost of the various services offered by the City. As noted in the Cost of Services study, to raise all fees to achieve 100% full cost recovery is not feasible or desirable. In recognition that City services are funded through a combination of user Master Fee Schedule Fiscal Year 2023-24 April 3, 2023 fees, taxes, grants, and donations, the User Fee Cost Recovery Policy distinguishes between services that provide a high level of community benefit and those that provide benefit mostly to the individual receiving the service. Of course, many City services provide a blend of community and individual benefit, making it difficult to determine how each service should be funded. In establishing the appropriate level of cost recovery, the formal policy helps guide departments in establishing fees for all City services. City fees should therefore reflect varying rates of cost recovery amongst departments, and amongst programs within each department, due to the wide variety of services provided. For departments that provide social or public safety services, policy concerns and market factors (as opposed to actual costs) tend to influence fee levels more than for other types of services. DISCUSSION California law gives cities the ability to impose fees for governmental services when an individual's use of the City service is voluntary, and the fee charged is reasonable to the level of service and the cost of providing the service. In general, the City's Master Fee Schedule reflects user fees that are intended to represent 100% cost recovery of fully burdened rates, with the exception of user fees that are highly sensitive and promote citizen engagement. Fully burdened rates include the cost of direct labor (direct staff time spent on the service), indirect labor (administrative and supervisory time), and central services overhead (other budgetary support for the department providing the service). To reflect general cost increases, some fees were increased last year based on the Bay Area Consumer Price Index (CPI), which increased 5.2% from February 2021 to February 2022. The CPI increased 5.3% as of February 28, 2023 as compared to the prior year. Because the User Fee Cost Recovery Policy documents an appropriate cost recovery level for all City services, the policy itself does not require an annual review. All fees in the Master Fee Schedule are reviewed annually to ensure that the cost factors associated with each service have not deviated significantly from the prior year. If significant changes have occurred, the departmental staff will reassess the cost factors and propose an adjusted fee in line with the appropriate cost recovery level. For all other services, an adjustment based on the current CPI should suffice to keep fees in line with the cost recovery level indicated in the policy. Pursuant to State law, certain fees to be charged by the Planning and Building Divisions, the Fire Department, and the Engineering Division of the Public Works Department cannot become effective until 60 days after adoption of the adjusted fees as delineated in the attached Master Fee Schedule. Staff is requesting that a Public Hearing for the update of the City of Burlingame's Master Fee Schedule be established for May 1, 2023, at 7:00 p.m. The intent is for the new fees to become effective July 1, 2023. Proposed changes to the Master Fee Schedule for the upcoming fiscal year are summarized below, by department. 2 Master Fee Schedule Fiscal Year 2023-24 April 3, 2023 Administration Administrative Services primarily provides support to other City departments, and therefore the fees were not reviewed in the 2015 user fee study. Staff recommendations for changes are based on staff's analysis of the cost of the service or activity. Although certain city-wide administrative fees and fees charged by Finance and the City Clerk's Office have been increased from time to time by CPI, certain fees that are established as a fixed dollar amount (such as Filing of Nomination Papers) cannot be increased. The City adopted an Ordinance to add Chapter 6.25 to the Burlingame Municipal Code, establishing a program to regulate and permit sidewalk vending on October 3, 2022. A new permit fee of $100 was added to the Administration section of the Master Fee Schedule. Building As with many comparably -sized cities, Burlingame's building permit fees are largely based on a project's valuation, adjusted by criteria that define the scope of work. Specific services that are required beyond the actual permitting process are funded through "unit fees". For the most part, the Cost of Services Study in 2015 evaluated only the unit fees for services provided by the Building Division. Since the time of the study, staff has not proposed changes to those building permit fees based on total valuation, finding them to be consistent with other jurisdictions that use total valuation for setting these rates, and adequate in covering City costs. Note that all activities of the Building Division are accounted for in the City's Building Fund, a separate enterprise fund. This year, staff's recommended changes focused largely on fees based on per -hour charges for inspections and plan checks. These unit fees are proposed to be increased by the 5.3% CPI. Engineering The Engineering Division charges fees for development -related services including Improvement Planning Application Reviews; Encroachment Permits; Construction, Demolition and Grading Permits; and Subdivision Maps. Many of the fees were increased over the past few years to provide greater cost recovery. This year, most of the fees charged for engineering services are proposed to be increased by a CPI of 5.3%. Under the Planning Application Reviews section, the Public Works' Engineering Division added a new line — Commercial/Industrial (Remodel/Addition) to distinguish the fees that are collected from new Commercial/Industrial Planning Application. In general, amounts needed to be held on deposit were not changed unless past experience indicated that these amounts were frequently not adequate. 3 Master Fee Schedule Fiscal Year 2023-24 April 3, 2023 Library The City of Burlingame's Library is a member of the Peninsula Library System (PLS). Service rates and fines (which have largely been eliminated in past years) are largely coordinated throughout the system by the PLS Administrative Council. No changes are proposed to the fees particular to the Burlingame Library, which were also reviewed for purposes of the annual Master Fee Schedule update. Parks and Recreation Most fees related to Parks and Recreation services and outdoor facilities rentals have been adjusted by the CPI, to retain fees at the level of cost recovery provided in the User Fee Cost Recovery Policy. Security deposit amounts were not changed unless past experience indicated that these amounts were not adequate. Planning For many of the permits and services provided by the Planning Division, full cost recovery is justified, as these development activities are driven by an applicant or property owner who will benefit from the service. Therefore, the fees for most Planning services are recommended to be increased by the CPI of 5.3% for fiscal year 2023-24. Planninq — Development Impact Fees The Burlingame Avenue Parking in Lieu Fee (per parking space) is recommended to be adjusted by CPI as of February 28, 2023. The establishing ordinance of the Public Facilities Impact Fee provides no annual escalator. An update of all Public Facilities Impact Fees is currently underway, but will not be completed within the timeframe of the 2023-24 fiscal year Master Fee Schedule adoption. Updated fees can be proposed at a later date once the study has been completed. Planning —Affordable Housinq Impact Fees Commercial Linkage Fees, adopted in June 2017, and Residential Impact Fees, adopted on April 1, 2019, were established to address the community's need for workforce housing and were first added to the Master Fee Schedule for the 2019-20 fiscal year. Per the establishing ordinances, the Council may amend these fees through the public hearing process for the City's Master Fee Schedule. In fiscal year 2021-22, the City of Burlingame contracted with Century Urban to update its 2020 feasibility study for the Commercial Linkage Fees to reflect current commercial market conditions. Ell Master Fee Schedule Fiscal Year 2023-24 April 3, 2023 The study recommended that fees remain at current levels and not be raised due to rising construction costs and uncertainties in the commercial real estate market. Staff is not suggesting an amendment to the Residential Impact Fees at this time. However, the City has contracted with Seifel Consulting to update the Residential Impact Fees feasibility study to consider possibly altering the proportion of affordable housing units required of new developments in lieu of payment of the Residential Impact Fees, and/or the fees themselves. The work is underway, but will not be completed within the timeframe of the 2023-24 fiscal year Master Fee Schedule adoption. Updated fees can be proposed at a later date once the study is completed. Police The Cost of Services Study in 2015 revealed an overall cost -recovery rate of 17% for Police Department services. None of the fees had been set to recover the full cost of service, providing a significant subsidy to fee payers. This was a largely anticipated result in that police services are generally provided out of public funds for the benefit of the public at large. However, the User Fee Cost Recovery Policy does identify a limited range of activities where it is appropriate for the department to set charges to fully or partially recover costs. A CPI increase has been applied to those fees to retain the appropriate cost recovery in the policy. Public Works - Sewer and Water Utilities Water rates were last amended effective January 1, 2019, the last year of three annual rate increases based on a rate study by Bartle Wells Associates Consultants in 2016. The rate increases were necessary to cover the wholesale cost of water to the City, as well as capital improvements to the system. At its November 15, 2021 meeting, the City Council approved an overall composite sewer utility rate increase of approximately 9.0% annually in 2022, 2023, and 2024 to meet its operational and capital needs. Therefore, in the proposed Master Fee Schedule for fiscal year 2023-24, changes were made for sewer services to reflect the increases that were approved and implemented in compliance with Proposition 218, and effective January 1, 2023. The Sewer Capacity Charges are adjusted to conform to the Engineering News Record Construction Cost Index for San Francisco each year (8.374% increase from January 1, 2022, to January 1, 2023). No changes were made for regular water services. Other Fees Fees for Fire services are established by the Central County Fire Department (CCFD). As a separate JPA that is funded by the City of Burlingame, the Town of Hillsborough, and the City of Millbrae, CCFD fees are separately adopted by the CCFD Fire Board with the Department's operating budget. The City will amend the Master Fee Schedule once any adjustments to the CCFD fees have been approved by their board, and they will be effective July 1, 2023. Master Fee Schedule Fiscal Year 2023-24 April 3, 2023 Animal Control fees are set by the County of San Mateo. As the structuring of these fees, as well as the timing of fee updates, is not under the City's control, these fees were previously removed from the City's Master Fee Schedule. However, a link to these fees, provided at the County's Animal Control website, has been included. Review of the User Fee Cost Recovery Policy As part of the Master Fee Schedule Update each year, all departments reviewed the portions of the City's User Fee Cost Recovery Policy related to their activities for which a fee is charged. No changes are recommended to the policy at this time, but the User Fee Cost Recovery Policy is attached to this staff report. FISCAL IMPACT: The recommendations presented by staff in this report ensure not only that charges keep pace with the costs of providing certain services, but that they are also competitive with comparable programs (where applicable) and are responsive to demands for the service within the community. The changes to the fee schedule should result in some additional revenue in the new fiscal year. However, the actual amounts are difficult to calculate because the use of some services is voluntary, and the volume of activity varies. Exhibits: • A Resolution of Intent of the City Council of the City of Burlingame to Amend the Master Fee Schedule for City Services • City of Burlingame Proposed Master Fee Schedule for fiscal year 2023-24 • DOL Consumer Price Index, San Francisco Area — February 2023 • User Fee Cost Recovery Policy 0 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME DECLARING ITS INTENTION TO AMEND THE MASTER FEE SCHEDULE FOR CITY SERVICES AND SETTING A PUBLIC HEARING TO CONSIDER SAID AMENDMENTS FOR MAY 1, 2023 WHEREAS, the City of Burlingame regularly reviews the fees that the City charges persons or entities for the use of City facilities, or the provision of City services; and WHEREAS, in order to ensure that the cost of such services and facilities is borne by the users of said services and facilities in a fair and equitable manner, the City periodically adjusts the fees for services and facility use to ensure that the fees charged reflect the actual costs to the City and the City's taxpayers in providing those services and facilities; and WHEREAS, the fees reflected in the Master Fee Schedule will be carefully reviewed by each City department, and specific recommendations to amend fees will be provided to ensure that charges keep pace with the costs for providing City services, where appropriate. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BURLINGAME DOES HEREBY RESOLVE AND ORDER AS FOLLOWS: 1. The Burlingame City Council intends to amend the Master Fee Schedule. 2. The Master Fee Schedule, with proposed adjustments for fiscal year 2023-24, will be posted and available on-line at www.Burlingame.org with the staff report associated with the May 1, 2023, public hearing related to Amendment of the Master Fee Schedule. 3. The Master Fee Schedule, with proposed adjustments for fiscal year 2023-24, will also be posted and available on the City's website on the Finance Department page at https://www.burlingame.org/departments/finance/master fee schedule.php. 4. The City Council of the City of Burlingame hereby schedules a public hearing on the proposed amendments to the Master Fee Schedule for Monday, May 1, 2023, at 7:00 pm. The meeting will be held in the Council Chambers. The City Clerk shall post various methods of accessing the public hearing. Members of the public may view the meeting either in -person or by logging into the Zoom meeting through the link published within the meeting agenda on the City's website, or by accessing the meeting by phone. Access information can be found at www.burlingame.org. 5. At the public hearing, the City Council will receive testimony and evidence, and interested persons may submit written comments before or at the public hearing by email, or such comments may be sent by mail or delivered to the City Clerk, Burlingame City Hall, 501 Primrose Road Burlingame, CA 94010. 6. At the public hearing, any and all persons may make oral or written comments of the proposed amendments. 7. At the conclusion of the public hearing, the City Council will deliberate upon the proposed fees as outlined in the Master Fee Schedule and will consider further amendments and adoption of the 2023-24 Master Fee Schedule. 8. All of the facts recited above, in the staff report and supporting documentation are true and correct and the Council relies upon same. Michael Brownrigg, Mayor I, Meaghan Hassel -Shearer, City Clerk of the City of Burlingame, hereby certify that the foregoing Resolution was duly and regularly introduced and adopted at a regular meeting of the Burlingame City Council held on the 3rd day of April 2023, by the following vote to wit: AYES: Councilmembers NOES: Councilmembers: ABSENT: Councilmembers: Meaghan Hassel -Shearer, City Clerk BURLIN AM1E ,. . r o n y J n City of Burlingame Master Fee Schedule EFFECTIVE ON JULY 1, 2023 Fiscal Year 2023-24 Master Fee Schedule CITY-WIDE FEES SERVICE REFERENCE FEE Returned Check Resolution No. 31-2003 $30.00 Copying of Routine Document Gov't Code § 6253(b) $0.25 per page (Copies of sizes other than 8- %" by 11" or 8 - %11 by 14" or 11" by 17 or color copies will be charged at cost) To be paid in advance Copies of Reports/Statements Gov't Code § 81008 $0.10 per page filed pursuant to Political Reform Act Audio tape copies (except for Police) If blank tape supplied Resolution No. 32-2009 $18.00 per tape If no tape supplied Resolution No. 32-2009 $18.00 per tape plus purchase costs of tape Page 1 Fiscal Year 2023-24 Master Fee Schedule BUILDING SERVICE REFERENCE FEE BUILDING PERMIT FEES BASED ON TOTAL VALUATION $1.00 to $500.00 Resolution No. 27-2011 $37.00 $501.00 to $2,000.00 Resolution No. 27-2011 $37.00 for the first $500.00 plus $5.28 for each additional $100.00 or fraction thereof up to and including $2,000.00 $2,001.00 to $25,000.00 Resolution No. 27-2011 $116.00 for the first $2,000.00 plus $22.15 for each additional $1,000.00 or fraction thereof up to and including $25,000.00 $25,001.00 to $50,000.00 Resolution No. 27-2011 $625.00 for the first $25,000.00 plus $16.30 for each additional $1,000.00 or fraction thereof up to and including $50,000.00 $50,001.00 to $100,000.00 Resolution No. 27-2011 $1,032.00 for the first $50,000.00 plus $11.07 for each additional $1,000.00 or fraction thereof up to and including $100,000.00 Page 2 Fiscal Year 2023-24 Master Fee Schedule BUILDING SERVICE REFERENCE FEE $100,001.00 to $500,000.00 Resolution No. 27-2011 $1,585.00 for the first $100,000.00 plus $9.40 for each additional $1,000.00 or fraction thereof up to and including $500,000.00 $500,001.00 to $1,000,000.00 Resolution No 27-2011 $5,345.00 for the first $500,000.00 plus $8.57 for each additional $1,000.00 or fraction thereof up to and including $1,000,000.00 More than $1,000,000.00 Resolution No. 27-2011 $9,630.00 for the first $1,000,000.00 plus $5.80 for each additional $1,000.00 or fraction thereof OTHER BUILDING PERMIT FEES Building inspections outside Resolution No. 27-2011 $289.00 per hour normal business hours (minimum charge of 2 hours Re -inspection fees (minimum — one Resolution No. 27-2011 $289.00 per hour hour) Page 3 Fiscal Year 2023-24 Master Fee Schedule BUILDING SERVICE REFERENCE FEE General fire inspections for new Resolution No. 27-2011 Determined by CCFD — building and tenant remodels pass -through costs limited to building permits of commercial or multi -family residential PLAN REVIEW FEES Basic Fee — Building Division Resolution No. 104-2002 65% of Building Permit Fee Energy Plan Check Fee (where Resolution No. 104-2002 Additional 25% of applicable; includes review of Building Permit Fee Green Points Checklist) Disabled Access Plan Check Fee Resolution No. 104-2002 Additional 35% of (where applicable) Building Permit Fee Review of Request for Alternate Resolution No. 27-2011 $351.00 per hour Materials and Methods Review of Unreasonable Hardship Resolution No. 27-2011 $351.00 per hour Request Planning Department Plan Check Resolution No. 104-2002 Additional 25% of Fee (where applicable) Building Permit Fee Minimum fee of $84.00 Plan Revisions for Planning Resolution No. 27-2011 $351.00 per hour Department Page 4 Fiscal Year 2023-24 Master Fee Schedule BUILDING SERVICE REFERENCE FEE Plan Revisions Subsequent to Resolution No. 27-2011 $351.00 per hour plus Permit Issuance cost of any additional review Engineering Division Plan Review Resolution No. 104-2002 Additional 25% of (where applicable) Building Permit Fee Imaging Fee Resolution No. 104-2002 Additional 5% of Building Permit Fee with minimum fee of $5.00 Arborist Review Resolution No. 33-2008 $284.00 PLUMBING PERMIT FEES *These fees do not include connections fees, such as for sewer connections or water meter fees charged by other City departments nor any fees charged by public utility companies. For issuance of each plumbing Resolution No. 27-2011 $49.00 permit **The following items are in addition to the Basic Permit Issuance Fee: New Residential Building - Resolution No. 32-2009 $0.14 per square foot of including all plumbing fixtures, habitable area connections and gas outlets for new single- and multi -family buildings Page 5 Fiscal Year 2023-24 Master Fee Schedule BUILDING SERVICE REFERENCE FEE Fixtures and vents Resolution No. 27-2011 $21.00 For each plumbing fixture or trap (including water and waste piping and backflow prevention) Sewer and interceptors For each building sewer Resolution No 27-2011 $76.00 For each industrial waste Resolution No. 27-2011 $64.00 pretreatment interceptor (except kitchen -type grease traps) Water Piping and Water Heaters For installation alteration or repair of water piping or water -treatment Resolution No. 27-2011 $64.00 equipment For each water heater including vent Resolution No. 27-2011 $64.00 Gas Piping Systems For each gas piping system of one Resolution No. 27-2011 $42.00 to five outlets For each additional outlet over five Resolution No. 33-2008 $8.00 Page 6 Fiscal Year 2023-24 Master Fee Schedule BUILDING SERVICE REFERENCE FEE Irrigation Systems and Backflow Prevention Devices Irrigation systems including backflow device(s) Resolution No. 27-2011 $64.00 Other backf low prevention devices: 2 inches (50.8 mm) and smaller Resolution No. 27-2011 $64.00 Over 2 inches (50.8 mm) Resolution No. 27-2011 $67.00 Swimming Pools For each swimming pool or spa, all plumbing: Public pool Resolution No. 27-2011 $259.00 Public spa Resolution No. 27-2011 $195.00 Private pool Resolution No. 27-2011 $259.00 Private spa Resolution No. 27-2011 $195.00 Miscellaneous For each appliance or fixture for Resolution No. 27-2011 $42.00 which no fee is listed Inspections outside normal Resolution No. 27-2011 $289.00 per hour business hours (minimum charge of 2 hours) Re -inspection fees Resolution No. 27-2011 $289.00 per hour (minimum — one hour) Inspections for which no fee is Resolution No. 27-2011 $289.00 per hour specifically indicated (minimum charge is one-half hour) Page 7 Fiscal Year 2023-24 Master Fee Schedule BUILDING SERVICE REFERENCE FEE Imaging fee Resolution No. 32-2009 Additional 5% of plumbing permit fee with minimum fee of $5.00 Plan review (where applicable) Resolution No. 104-2002 Additional 25% of plumbing permit fee MECHANICAL PERMIT FEES *These fees do not include connections fees, such as for sewer connections or water meter fees charged by other City departments nor any fees charged by public utility companies Basic Permit Issuance Fee Resolution No. 27-2011 $49.00 For issuance of each mechanical permit** **The following items are in addition to the Basic Permit Issuance Fee: New Residential Building including Resolution No. 32-2009 $0.15 per square foot of all mechanical work including habitable area appliances, exhaust fans, ducts, and flues Furnaces To and including 100 MBTU Resolution No. 27-2011 $64.00 Over 100 MBTU Resolution No. 27-2011 $67.00 Boilers, compressors, absorption systems To and including 100 MBTU or 3HP Resolution No. 27-2011 $64.00 Over 100 MBTU or 3 HP Resolution No. 27-2011 $67.00 Page 8 Fiscal Year 2023-24 Master Fee Schedule BUILDING SERVICE REFERENCE FEE Air Conditioners Resolution No. 27-2011 $64.00 Air Handlers To 10,000 CFM including ducting Resolution No. 27-2011 $42.00 each Over 10,000 CFM Resolution No. 27-2011 $67.00 each Ventilation and Exhaust Each ventilation fan attached to a Resolution No. 27-2011 $21.00 each single duct Each hood including ducts Resolution No. 27-2011 $33.00 each Miscellaneous For each appliance or piece of Resolution No. 27-2011 $33.00 each equipment not specifically listed above Inspections outside normal Resolution No. 27-2011 $289.00 per hour business hours (minimum charge of 2 hours) Re -inspection fees Resolution No. 27-2011 $289.00 per hour (minimum charge is one hour) Inspections for which no fee is Resolution No. 27-2011 $289.00 per hour specifically indicated (minimum charge is one-half hour) Imaging fee Resolution No. 32-2009 Additional 5% of mechanical permit fee with minimum fee of $5.00 Page 9 Fiscal Year 2023-24 Master Fee Schedule BUILDING SERVICE REFERENCE FEE Plan review (where applicable) Resolution No. 104-2002 Additional 25% of mechanical permit fee ELECTRICAL PERMIT FEES *These fees do not include connections fees, such as for sewer connections or water meter fees charged by other City departments nor any fees charged by public utility companies **The following items are in addition to the Basic Permit Issuance Fee: For issuance of each electrical Resolution No. 27-2011 $49.00 permit" New Residential Building - Resolution No. 32-2009 $0.15 per square foot of including all wiring and electrical habitable area devices in or on each building, including service SYSTEM FEE SCHEDULE Swimming Pools Public swimming pools and spas Resolution No. 27-2011 $257.00 including all wiring and electrical equipment Private pools for single-family residences Resolution No. 27-2011 $198.00 Page 10 Fiscal Year 2023-24 Master Fee Schedule BUILDING SERVICE REFERENCE FEE Temporary Power Temporary service pole including Resolution No. 27-2011 $64.00 all attached receptacles Temporary power pole and wiring for construction sites, Christmas Resolution No. 27-2011 $67.00 tree lots, etc. UNIT FEE SCHEDULE Receptacle, switch and light outlets Resolution No. 27-2011 $63.00 First 20 units Each additional Resolution No. 32-2009 $4.00 Residential Appliances For fixed residential appliances Resolution No. 32-2009 $11.00 each including cook tops, ovens, air conditioning, garbage disposals, and similar devices not exceeding 1 HP in rating (For other types of air conditioners or other motor -driven appliances having larger ratings, see Power Apparatus below) Page 11 Fiscal Year 2023-24 Master Fee Schedule BUILDING SERVICE REFERENCE FEE Nonresidential Appliances Self-contained factory -wired non- Resolution No. 32-2009 $11.00 each residential appliances not exceeding 1 HP, KW, or kVA in rating including medical and dental devices; food, beverage and ice cream cabinets; illuminated showcases; drinking fountains; vending machines; laundry machines; etc. (For other types of devices having larger electrical ratings, see Power Apparatus below) Page 12 Fiscal Year 2023-24 Master Fee Schedule BUILDING SERVICE REFERENCE FEE Power Apparatus For motors, generators, air conditioners and heat pumps and commercial cooking devices as follows (ratings in horsepower, kilowatts, kilovolt -amperes, or kilovolt -amperes -reactive): Up to 10 Over 10 to and including 100 Resolution No 27-2011 $33.00 Over 100 Resolution No. 27-2011 $64.00 Notes: For equipment or appliances Resolution No. 27-2011 $128.00 having more than one motor, transformer, heater, etc., the sum of the combined ratings may be used. These fees include all switches, circuit breakers, contractors, thermostats, relays, and other related control equipment. Page 13 Fiscal Year 2023-24 Master Fee Schedule BUILDING SERVICE REFERENCE FEE Photo voltaic systems Residential systems Permit Resolution No. 32-2009 No Charge Plan Check Resolution No. 32-2009 No Charge Commercial Systems Permit Resolution No. 27-2011 $433.00 Plan Check Resolution No. 27-2011 $351.00 per hour Busways For trolleys and plug-in type Resolution No. 27-2011 $35.00 for each 100 feet busways (30,500 mm) or fraction thereof Signs, Outline Lighting and Marquees Permits Signs, outline lighting, or marquees Resolution No. 27-2011 $67.00 each supplied from one circuit For additional branch circuits within the same sign, outline Resolution No. 32-2009 $21.00 each lighting, or marquee Page 14 Fiscal Year 2023-24 Master Fee Schedule BUILDING SERVICE REFERENCE FEE Services 600 volts or less and not over 200 Resolution No. 27-2011 $67.00 each amperes in rating 600 volts or less, over 200 amperes Resolution No. 27-2011 $102.00 each to 1,000 amperes Over 600 volts or over 1,000 amperes Resolution No 27-2011 $136.00 each Miscellaneous For apparatus, conduits, and Resolution No. 27-2011 $42.00 conductors for which a permit is required but for which no fee is set forth Inspections outside normal Resolution No. 27-2011 $289.00 per hour business hours (minimum charge of 2 hours) Re -inspection fees Resolution No. 27-2011 $289.00 per hour (minimum charge is one hour) Inspections for which no fee is Resolution No 27-2011 $289.00 per hour specifically indicated (minimum charge is one-half hour) Imaging fee Resolution No. 32-2009 Additional 5% of electrical permit fee with minimum fee of $5.00 Plan review (where applicable) Resolution No. 104-2002 Additional 25% of electrical permit fee Page 15 Fiscal Year 2023-24 Master Fee Schedule BUILDING SERVICE REFERENCE FEE GENERAL FEES Building Moving Resolution No. 32-2009 (Section 18.07.030) $432.00 General Plan and Title 25 Zoning Ordinance Maintenance Fee Additional 0.005% of Building Valuation Page 16 Fiscal Year 2023-24 Master Fee Schedule CITY CLERK & ELECTIONS SERVICE REFERENCE FEE Video recording of City Council Resolution No. 32-2009 $88.00 per VHS tape plus meeting or other proceeding that photo service charge has been video recorded — to be paid in advance of copying Resolution No. 32-2009 $88.00 per DVD plus recording photo service charge Audiotape of City Council meeting Resolution No. 32-2009 $17.00 per tape if tape is or other City proceeding that has supplied by requestor been taped — to be paid in advance of copying tape Resolution No. 32-2009 $17.00 per tape if tape is not supplied plus purchase cost of tape All Certifications Resolution No. 32-2009 $17.00 each Filing of Nomination Papers Burlingame Municipal $25.00 per candidate Code section 2.20.020 (Ordinance No. 1703 (2003) Page 17 Fiscal Year 2023-24 Master Fee Schedule ENGINEERING SERVICE REFERENCE FEE ENCROACHMENT PERMITS Work without the benefit of an Encroachment Permit will be double the permit fee. Minor (no excavation involved) $276.00 Sewer Lateral Test Resolution No. 32-2009 $493.00 — If fail, one time free retest Sewer Lateral Replacement (with Resolution No. 32-2009 $506.00 Sidewalk fee) Storm Service Connection (with $506.00 sidewalk fees) Water Service Connection (with Resolution No. 32-2009 $662.00 Sidewalk fee) Fire System Connection (with Resolution No. 32-2009 $662.00 Sidewalk Add No. 5) Sidewalk/Driveway up to 200 S.F. Resolution No. 32-2009 $477.00 plus $15.00 for (Includes Curb Drain) Sections each square foot over 200 12.10.030/12.08.020/ 12.04.030 *Fee waived for owners who undertake stand-alone sidewalk trip hazard repairs (Section 12.12.070) Sidewalk Closure/Pedestrian Resolution No. 32-2009 $476.00 per review Protection Traffic Control Resolution No. 33-2008 $388.00 per review Block Party (includes up to 6 Resolution No. 27-2006 $64.00 plus $5.00 for each barricades) add'I barricade over 6 Page 18 Fiscal Year 2023-24 Master Fee Schedule ENGINEERING SERVICE REFERENCE FEE Commercial Areas and $246.00 plus $12.00 space Construction Purposes (i.e. per day or meter rates Dumpsters/Containers) Moving Only Purposes (Residential $39.00 processing fee plus Areas) $12.00 per space per day Page 19 Fiscal Year 2023-24 Master Fee Schedule ENGINEERING SERVICE REFERENCE FEE GENERAL FEES Demolition Permit (in addition to Resolution No. 32-2009 $1,820.00 any Building Department -issued Demolition or Construction Permit) Includes sewer, water and sidewalk replacement Add fire line Resolution No. 32-2009 $97.00 Add curb drain Resolution No. 32-2009 $260.00 Add sidewalk closure Resolution No. 32-2009 $260.00 Add PG&E Resolution No. 32-2009 $260.00 Address Change Resolution No. 32-2009 $378.00 Single Trip -Transportation Fee Senate Bill SB 372 $16.00 (Fixed rate set by Caltrans) Leaf Blower Testing Certification Ord. No. 1871 (2012) $39.00 for up to 5 leaf Fee blowers $5.00 for certification decal if certified by manufacturer Page 20 Fiscal Year 2023-24 Master Fee Schedule ENGINEERING SERVICE REFERENCE FEE Creek Enclosures Resolution No. 32-2009 $3,528.00 Section 18.24.020 Abandonment of Public Utility $5,785.00 Easement Hauling Permit Section 13.60.120 $282.00 application fee plus $1.00 per ton per mile from project site to HWY Inspection/Investigation Fee Section 12.10.070 $276.00 per hour SPECIAL ENCROACHMENT PERMITS Subsurface Shoring Systems that encroach into the public right-of- way • Per 10'-20' deep tieback $2,000.00 each • Per >20' deep tieback $1,000.00 each • For permanent area used 50% of appraised land (i.e. shoring wall) value per square foot (sf) multiplied by the area (sf) of encroachment Permanent structures, such as Resolution No. 32-2009 $3,068.00 retaining walls, fences Section 12.10.020 Page 21 Fiscal Year 2023-24 Master Fee Schedule ENGINEERING SERVICE REFERENCE FEE Non -permanent installations, such Resolution No. 32-2009 $1,801.00 as tables, chairs, planters Section 12.10.020 DEPOSITS OR BONDS FOR ENCROACHMENT PERMIT WORK Openings in Public Right -of -Way Resolution No. 33-2007 $1,000.00 Minimum (in (not in sidewalk or street) easement area) $15.00/sf for area excavated Openings in Public Right -of -Way in Resolution No. 33-2007 $35.00 per square foot in sidewalk (not in street) sidewalk area, $1,000.00 minimum Street Roadway Opening (AC Resolution No. 33-2007 $20.00 per square foot in Pavement Restoration) Section 12.10.025 paved area, $2,500.00 minimum including curb replacement Water Main Modification Resolution No. 33-2007 $12,000.00 per connection (refundable bond) Sewer Main & Storm Drain Resolution No. 33-2007 $12,000.00 per connection Modification (refundable bond) Street Lighting $20,000.00 per street light Page 22 e4 FMM!'A ME Fiscal Year 2023-24 Master Fee Schedule SERVICE Lot Line Adjustment Lot Combination Subdivision Map City Benchmark Maintenance Condominium Map ENGINEERING REFERENCE SUBDIVISION MAPS Resolution No. 32-2009 (Section 26.24.090) Resolution No. 32-2009 Section 26.24.090 Resolution No. 32-2009 Sections 26.24.090/ 26.16.151 Applies to development projects that require a map action by Council Resolution No. 32-2009 Sections 26.24.090/ 26.16.151 FEE $3,097.00 (application fee) + actual City consultant costs $3,097.00 (application fee) + actual City consultant costs $4,597.00 plus deposit, plus $280.00 for each additional lot in excess of 5 lots; plus, actual City consultant costs $4,000 per map action (parcel or final map) $3,739.00, plus $703.00 for each additional unit over 4 units, plus actual City consultant costs Page 23 Fiscal Year 2023-24 Master Fee Schedule ENGINEERING SERVICE REFERENCE FEE STORMWATER POLLUTION PREVENTION CONSTRUCTION PERMITS ** The fees represent the labor cost to inspect and security deposit Type 1 Project: Single family $212.00 plus $1,500.00 dwellings with 15Y or 2nd floor security deposit additions on a 10,000 sf lot or smaller Type 2 Project: Multi -family $423.00 plus $5,000.00 dwellings or commercial additions security deposit (excluding tenant improvements) that are on a 10,000 sf lot or smaller Type 3 Project: Any project 10,000 $848.00 plus $15,000.00 sf up to an acre lot security deposit Type 4 Project: Any project greater $1,695.00 plus $30,000 than one acre in size security deposit Page 24 Fiscal Year 2023-24 Master Fee Schedule ENGINEERING SERVICE REFERENCE FEE WIRELESS COMMUNICATION FACILITIES Review of Wireless Permit Resolution 092-2021 $1,000 deposit per location Applications Fee based on actual charges against the deposit. Charges will include staff time for permit review, processing and inspections calculated at hourly rates plus actual consultant costs, if any Wireless Permit Application Appeal Resolution 092-2021 $632.00 Fee PLANNING APPLICATION REVIEWS Single Family Dwelling (Addition) $551.00 Single Family Dwelling (New) $1,100.00 Multi -family $2,198.00 Commercial/Industrial (New) $2,198.00 Commercial/Industrial $523.00 (Remodel/Addition) Environmental Review $1,770.00 Page 25 Fiscal Year 2023-24 Master Fee Schedule ENGINEERING SERVICE REFERENCE FEE Traffic and Parking Studies $4,177.00 GRADING PERMIT 1-100 cubic yards $1,484.00 101-1,000 cubic yards $2,240.00 1,001-10,000 cubic yards $2,619.00 Over 10,000 cubic yards $3,563.00 ENVIRONMENTAL COMPLIANCE Stormwater Inspection for Industrial/Commercial Facilities $162.00 per hour Page 26 Fiscal Year 2023-24 Master Fee Schedule FINANCE SERVICE REFERENCE CURRENT FEE Duplicate business license Section 6.04.120 $10.00 Application for first business Section 6.04.170 $35.00 license Submittal of surety bond for Resolution No. 27-2006 $150.00 for every 15 days transient occupancy after bond is late expiration of bond Special business license for long- Section 6.08.085 5% of gross receipts term parking Short Term Residential Rental Resolution 142-2020 Zoning Permit Application Fees: Section 6.56 Initial Short Term Residential $200.00 Rental Registration Fee Renewal Fee $100.00 Sidewalk Vending Permit Section 6.25 $100.00 Page 27 Fiscal Year 2023-24 Master Fee Schedule FIRE FEES - CENTRAL COUNTY FIRE DEPARTMENT The Central County Fire Department (CCFD) is governed by the Fire Board, and as such, its fees are enacted via a process that is separate from that of the City of Burlingame. The following fees were adopted, and approved as of July 1, 2021. SERVICE REFERENCE FEE CARE FACILITIES INSPECTION Pre -inspection of licensed community care facility Health & Safety Code § 13235 $190.00 per hour Residential Care Facility for Elderly serving 6 or fewer persons — fire inspection enforcement Health & Safety Code § 1569.84 No Charge Residential Care Facilities Resolution No. 33-2008 $381.00 Large Family Day Care Resolution No. 33-2008 $111.00 Skilled Nursing Facility Resolution No. 33-2008 $741.00 Hospital/Institution I Resolution No. 33-2008 $3,621.00 RE -INSPECTIONS Second re -inspection Resolution No. 33-2008 $126.00 per inspection Third and subsequent re -inspections Resolution No. 33-2008 $157.00 per inspection Page 28 Fiscal Year 2023-24 Master Fee Schedule FIRE FEES - CENTRAL COUNTY FIRE DEPARTMENT SERVICE REFERENCE FEE CONSTRUCTION FEES General Fire & Life Safety Services 12% of Building Permit fees • Consultation & Research for Commercial and Multi- • Pre -application meetings & Family Residential Design Review • Property Survey • General Construction Inspections • Processing, Scheduling, and Record Keeping Building or Planning Plan Check Resolution No. 33-2008 $224.00 per hour Expedite Building or Planning Resolution No. 33-2008 $412.00 per hour Check Fees (2 hour minimum) Consultation and Planning Resolution No. 33-2008 $302.00 per hour Alternate Means of Protection Resolution No. 33-2008 $423.00 per hour Review Additional Construction Inspection New $185.00 per hour (all permits) (per hour) Page 29 Fiscal Year 2023-24 Master Fee Schedule FIRE FEES - CENTRAL COUNTY FIRE DEPARTMENT SERVICE REFERENCE FEE Fire Alarm Systems Permit for Monitoring System Resolution No. 33-2008 $228.00 Permit for Manual System Resolution No. 33-2008 $228.00 Permit for Automatic System Resolution No. 33-2008 $408.00 Permit for Combination System Resolution No. 33-2008 $588.00 Multi -Residential or Commercial $228.00 Fire Alarm System remodel or extension Multi -Residential or Commercial $183.00 Minor Fire Alarm Remodel or Repair (Device relocation/adjustment) Emergency Responder Radio §510, CFC $465.00 Coverage System Permit Title 24 Part 9 Fixed Fire Extinguishing System Resolution No. 33-2008 $318.00 Permit Standpipe System Permit Resolution No. 33-2008 $408.00 Page 30 Fiscal Year 2023-24 Master Fee Schedule FIRE FEES - CENTRAL COUNTY FIRE DEPARTMENT SERVICE REFERENCE FEE Storage Tank (above or below Resolution No. 33-2008 $228.00 ground) Permit SPRINKLER SYSTEMS One or two Family Dwelling Fire Resolution No. 33-2008 $588.00 - flat fee including Sprinkler System (NFPA 13D) 2 inspections (additional inspections will be charged at the hourly rate of the staff who actually perform each inspection) Fire Pump Permit Resolution No. 33-2008 $228.00 Multi -Residential or Commercial Resolution No. 33-2008 $948.00 flat fee including 2 Fire Sprinkler System (NFPA 13 or inspections (additional 13R) inspections will be charged at the hourly rate of the Permit — Single Story (incl. T.I.) staff who actually perform each inspection) Permit - Multi -story Multi -Residential or Commercial Resolution No. 33-2008 $273.00 Fire sprinkler system remodel or extension Page 31 Fiscal Year 2023-24 Master Fee Schedule FIRE FEES - CENTRAL COUNTY FIRE DEPARTMENT SERVICE REFERENCE FEE Multi -Residential or Commercial Resolution No. 33-2008 $183.00 Fire sprinkler minor Remodel & Repair (Sprinkler Head relocation/adjustment only) Underground Fire Service Line $408.00 Permit Fire Flow Information Processing $39.00 plus individual city fees MISCELLANEOUS FEES AND PERMITS Labor Rate for Mechanic Services $125.00 Community CPR/AED Class $40.00 Resident $50.00 Non -Resident Change of Use Inspection (usually Resolution No. 33-2008 $158.00 triggered by new business license) Accounts referred to Collection +47% of original invoice Agencies Photographs from investigations Resolution No. 61-2004 Cost of reproduction Photocopies New $1.00 plus 20 cents/page Fire Incident Reports (not including Resolution No. 33-2008 $15.00 photographs) Non -Sufficient Funds I Returned New As charged by Bank Check Fee Page 32 Fiscal Year 2023-24 Master Fee Schedule FIRE FEES - CENTRAL COUNTY FIRE DEPARTMENT SERVICE REFERENCE FEE Work without a construction Resolution No. 33-2008 Up to 10 times the permit permit fees Emergency Response Costs for Govt. Code §53150-58 Costs according to Driving under the Influence (Billing Personnel Schedule below upon conviction) plus apparatus cost of $140.00 per hour as set by State False Alarms Resolution No. 33-2007 $540.00 for 3 to 5 $1,080.00 for 6 or more Wildland-Urban Interface (WUI) $200.00 Inspection Change of Use Inspection (Usually $155.00 trigged by new business license) Hazardous Materials Clean- Resolution No. 33-2008 Costs according to up/Response Personnel Schedule below plus apparatus costs of $140.00 per hour as set by State Page 33 e4RL1NGA ME Fiscal Year 2023-24 Master Fee Schedule FIRE FEES - CENTRAL COUNTY FIRE DEPARTMENT STANDBY SERVICE Firefighter Resolution No. 33-2008 $127.00 per hour (minimum of 3 hours) Fire Captain Resolution No. 33-2008 $146.00 per hour (minimum of 3 hours) Battalion Chief Resolution No. 33-2008 $168.00 per hour (minimum of 3 hours) Engine Company Resolution No. 33-2008 $480.00 per hour (minimum of 3 hours) plus apparatus costs of $141.96 per hour as set by State PERSONNEL COSTS Personnel Costs by Job Class Resolution No. 33-2008 Administration $ 73.00 per hour Firefighter $127.00 per hour Fire Captain $146.00 per hour Fire Prevention Specialist $ 90.00 per hour Fire Inspector $180.00 per hour Deputy Fire Marshal $190.00 per hour Battalion Chief $168.00 per hour Division Chief or Fire Marshal $232.00 per hour Deputy Fire Chief Fire Chief $238.00 per hour $289.00 per hour Page 34 Fiscal Year 2023-24 Master Fee Schedule FIRE FEES - CENTRAL COUNTY FIRE DEPARTMENT GENERAL PERMITS Aerosol Products Resolution No. 33-2008 $206.00 Amusement Buildings Resolution No. 33-2008 $341.00 Apartments, Hotels and Motels — 10 or less units Resolution No. 33-2008 $161.00 Apartments, Hotels and Motels — 11 to 25 units Resolution No. 33-2008 $184.00 Apartments, Hotels and Motels — 26 or 100 units Resolution No. 33-2008 $206.00 Apartments, Hotels and Motels — 101 or 300 units New $356.00 Apartments, Hotels and Motels — 301 or more units New $446.00 Apartments Assigned to Prevention $116.00 Aviation Facilities Resolution No. 33-2008 $611.00 Battery System Resolution No. 33-2008 $611.00 Carnivals and Fairs Resolution No. 33-2008 $341.00 Christmas Tree Lot Resolution No. 33-2008 $341.00 Combustible Fiber Storage Resolution No. 33-2007 $341.00 Combustible Material Storage Resolution No. 33-2008 $341.00 Commercial Occupancy Assigned to Prevention Resolution No. 33-2008 $116.00 Page 35 Fiscal Year 2023-24 Master Fee Schedule FIRE FEES - CENTRAL COUNTY FIRE DEPARTMENT Commercial Rubbish -Handling Operation Resolution No. 33-2008 $341.00 Compressed Gases Resolution No. 33-2008 $341.00 Cryogens Resolution No. 33-2008 $341.00 Dry Cleaning Plants Resolution No. 33-2008 $341.00 Dust -Producing Operations Resolution No. 33-2008 $341.00 Exhibits & Trade Shows — Display Booth Resolution No. 33-2008 $341.00 Exhibits & Trade Shows — With Open Flame Resolution No. 33-2008 $341.00 Exhibits & Trade Shows — Display Fuel Powered Equipment Resolution No. 33-2008 $341.00 Explosives or Blasting Agents Resolution No. 33-2008 $611.00 Fire Hydrants and Water Control Valves Resolution No. 33-2008 $336.00 Fireworks Resolution No. 33-2008 $611.00 Flammable or Combustible Liquids Resolution No. 33-2008 $611.00 Hazardous Materials Resolution No. 33-2008 $611.00 High -Piled Combustible Storage — 20,000 square feet or less Resolution No. 33-2008 $621.00 High -Piled Combustible Storage — more than 20,000 square feet Resolution No. 33-2008 $711.00 Highrise H&S§13214(b) $636.00 Page 36 Fiscal Year 2023-24 Master Fee Schedule FIRE FEES - CENTRAL COUNTY FIRE DEPARTMENT Hot -Work Operations Resolution No. 33-2008 $341.00 Liquefied Petroleum Gasses Resolution No. 33-2008 $611.00 Liquid- or gas -fueled Vehicles or Equipment in Assembly Buildings Resolution No. 33-2008 $611.00 Live Audiences Resolution No. 33-2008 $611.00 Lumber Yards storing in excess of 100,000 board Feet Resolution No. 33-2008 $476.00 Magnesium Working I Resolution No. 33-2008 $341.00 Motor Vehicle Fuel -Dispensing Stations Resolution No. 33-2008 $341.00 Open Burning Resolution No. 33-2008 $341.00 Organic Coating Resolution No. 33-2008 $341.00 Ovens, Industrial Baking and Drying Resolution No. 33-2008 $341.00 Parade Floats Resolution No. 33-2008 $341.00 Places of Assembly Resolution No. 33-2008 $566.00 Production Facilities Resolution No. 33-2008 $566.00 Pyrotechnical and Special Effects Material Resolution No. 33-2008 $611.00 Radioactive Materials Resolution No. 33-2008 $341.00 Refrigeration Equipment Resolution No. 33-2008 $476.00 Repair Garage Resolution No. 33-2008 $341.00 Page 37 Fiscal Year 2023-24 Master Fee Schedule FIRE FEES - CENTRAL COUNTY FIRE DEPARTMENT Spraying and Dipping Resolution No. 33-2008 $341.00 Tents, Canopies, and Temporary Membrane Structures Resolution No. 33-2008 $516.00 Tire Storage Resolution No. 33-2008 $341.00 Wood Products Resolution No. 33-2008 $341.00 Page 38 Fiscal Year 2023-24 Master Fee Schedule LIBRARY SERVICE REFERENCE FEE CITY OF BURLINGAME FEES Photocopies — Black and White $0.15 per page at vending machine Photocopies - Color $0.45 per page at vending machine Internet /Database copies or Resolution No. 27-2011 First 3 pages free printouts — Black and White $0.15 per page Internet /Database copies or Resolution No. 27-2011 First page free $0.45 per printouts — Color page Page 39 Fiscal Year 2023-24 Master Fee Schedule LIBRARY SERVICE REFERENCE FEE Facilities Rental Lane Community Room rental Resolution No. 32-2009 $130.00 Tech Media Lab rental $90.00 first 4 hours. $10.00 each additional hour Laptop set-up/breakdown $50.00 flat fee U.L. Meeting Room rental $70.00 first 4 hours. $10.00 each additional hour Outside System Book Loan Resolution No. 27-2011 $5.00 + additional fee from lending library if applicable Photo/filming fee (only for shoots $50.00/hour requiring staff oversight during closed hours) PENINSULA LIBRARY SYSTEM CONSORTIUM CONTROLLED FEES Lost Book Replacement Fee Peninsula Library System Costs of replacement of item Page 40 e4RL1NGA ME Fiscal Year 2023-24 Master Fee Schedule PARKS & RECREATION Group Classifications for Purposes of Parks & Recreation Facilities Usage: Group A: City of Burlingame, Burlingame School District Group A-1: Recognized & validated Burlingame based non-profit youth sports groups (for field use & Board meetings only) Group B: Non-profit groups or organizations with IRS Section 501c(3) tax exempt status Group C: Private parties, commercial, business, and profit -making organizations School District Fees: Fees shall be applied to the district and affiliated organizations (examples: PTA, Boosters, Foundations) as follows: A. San Mateo Union High School District a. Unless otherwise specified in an adopted facility use agreement, indoor and athletic facility fees shall be calculated administratively to be comparable to the SMUHSD fee schedule as it pertains to City use of similar SMUHSD facilities. b. Picnic and special park facility fees, and staffing fees charged to SMUHSD shall be at the rates described in other sections of the fee schedule. B. Burlingame School District a. Unless otherwise specified in an adopted facility use agreement, indoor and athletic facility fees shall be calculated administratively to be comparable to the BSD fee schedule as it pertains to City use of similar BSD facilities. Picnic and special park facility fees, and staffing fees charged to BSD shall be at the rates described in other sections of the fee schedule. Pool fees for BSD use shall be charged at the non-profit rate. Page 41 Fiscal Year 2023-24 Master Fee Schedule PARKS & RECREATION SERVICE REFERENCE FEE INDOOR FACILTIES Burlingame Based Non -Profit Board Meeting $42.00 per hour Community Hall Sequoia Room - Whole Group A: Burlingame Residents No Charge Non -Residents No Charge Group B: Monday — Thursday Burlingame Residents $190.00 per hour Non -Residents $227.00 per hour Friday — Sunday Burlingame Residents $265.00 per hour Non -Residents $318.00 per hour Group C: Monday — Thursday Burlingame Residents $315.00 per hour Non -Residents $378.00 per hour Page 42 Fiscal Year 2023-24 Master Fee Schedule PARKS & RECREATION SERVICE REFERENCE FEE Friday — Sunday Burlingame Residents $441.00 per hour Non -Residents $529.00 per hour Deposits: Burlingame Residents $1,000.00 per event Non -Residents $1,000.00 per event Large Rooms Elm Meeting Room (Whole), Maker's Space, Maple Meeting Room, Grand Oak Lounge, Kids Town, STEAM Lab, Fine Arts Studio. Group A: Burlingame Residents No Charge Non -Residents No Charge Group B: Burlingame Residents $108.00 per hour Non -Residents $130.00 per hour Group C: Burlingame Residents $180.00 per hour Non -Residents $216.00 per hour Page 43 Fiscal Year 2023-24 Master Fee Schedule PARKS & RECREATION SERVICE REFERENCE FEE Deposits: Burlingame Residents $500.00 Non -Residents $500.00 Sequoia A or B Group A: Burlingame Residents No Charge Non -Residents No Charge Group B: Burlingame Residents $180.00 per hour Non -Residents $216.00 per hour Group C: Burlingame Residents $300.00 per hour Non -Residents $360.00 per hour Deposits: Burlingame Residents $500.00 per event Non -Residents $500.00 per event Medium Rooms Magnolia Meeting Room, Dance/Fitness Studio, Kitchen, Teen Scene, Elm Meeting Room A or B, Musical Arts Room. Page 44 Fiscal Year 2023-24 Master Fee Schedule PARKS & RECREATION SERVICE REFERENCE FEE Group A: Burlingame Residents No Charge Non -Residents No Charge Group B: Burlingame Residents $96.00 per hour Non -Residents $115.00 per hour Group C: Burlingame Residents $160.00 per hour Non -Residents $192.00 per hour Deposits: Burlingame Residents $500.00 Non -Residents $500.00 In conjunction with Community Hall/Sequoia Room Rental Additional Rental Charges: Tables/Chairs-up to 50 Resolution No. 33-2008 $21.00 Tables/Charis-51 to 100 Resolution No. 33-2008 $31.00 Tables/Chairs-over 100 Resolution No. 33-2008 $47.00 Page 45 Fiscal Year 2023-24 Master Fee Schedule PARKS & RECREATION SERVICE REFERENCE FEE Dance Floor $105 per event Building Attendant* Resolution No. 33-2008 $42.00 per hour Second Building Attendant $42.00 per hour (Over 150 guests) Custodian (4 hours) $160 per event Extra, Non -Scheduled Hours Resolution No. 27-2006 2x's the hourly room rental rate OUTDOOR FACILITIES Field Attendant Resolution No. 41-2008 $45.00 per hour Large Special Event Deposit for Athletic Fields: Less than 100 in attendance $281.00 per event More than 100 in attendance $562.00 per event Group A-1: Validated Field Use Resolution No. 27-2011 $20.00 per Resident per Season by Burlingame- $90.00 per Non -Resident based non-profit youth sports plus $3.00 per hour per group. field for Resident groups, $12 .00 per hour per field for groups less than 50% Resident Page 46 Fiscal Year 2023-24 Master Fee Schedule PARKS & RECREATION SERVICE REFERENCE FEE Fields used by Validated Security Deposit $500.00 Burlingame -based non-profit youth sports groups Bayside Ball Fields #1 and #2 Resolution No. 31-2003 No Charge Group A Group B: Burlingame Residents Resolution No. 61-2006 $26.00 per hour Non-residents Resolution No. 33-2008 $38.00 per hour Group C: Burlingame Residents Resolution No. 31-2003 $38.00 per hour Non-residents Resolution No. 33-2008 $62.00 per hour Bayside Field Lights Resolution No. 24-2010 $43.00 per hour Bayside Ball Fields #3,#4 or #5 for Softball or Baseball Group A Resolution No. 31-2003 No Charge Group B Burlingame Residents Resolution No. 61-2006 $22.00 per hour Non-residents Resolution No. 33-2008 $33.00 per hour Page 47 Fiscal Year 2023-24 Master Fee Schedule PARKS & RECREATION SERVICE REFERENCE FEE Group C Burlingame Residents Resolution No. 61-2006 $33.00 per hour Non-residents Resolution No. 33-2008 $49.00 per hour Bayside Field Lights Resolution No. 24-2010 $43.00 per hour Bayside Soccer Fields Group A Resolution No. 31-2003 No Charge Group B: Burlingame Residents Resolution No. 61-2006 $26.00 per hour Non-residents Resolution No. 33-2008 $38.00 per hour Group C: Burlingame Residents Resolution No. 61-2006 $38.00 per hour Non-residents Resolution No. 33-2008 $62.00 per hour Bayside Field Lights Resolution No. 24-2010 $43.00 per hour Cuernavaca Park Group A Resolution No. 31-2003 No Charge Group B: Burlingame Residents Resolution No. 61-2006 $26.00 per hour Page 48 Fiscal Year 2023-24 Master Fee Schedule PARKS & RECREATION SERVICE REFERENCE FEE Non-residents Resolution No. 33-2008 $38.00 per hour Group C: Burlingame Residents Resolution No. 31-2003 $38.00 per hour Non-residents Resolution No. 33-2008 $62.00 per hour Murray Field Group A Resolution No. 31-2003 No Charge Group B: Burlingame Residents Resolution No. 61-2006 $66.00 per hour Non-residents Resolution No. 33-2008 $90.00 per hour Group C: Burlingame Residents Resolution No. 61-2006 $90.00 per hour Non-residents Resolution No. 33-2008 $114.00 per hour Murray Field Lights Resolution No. 24-2010 $43.00 per hour Ray Park Ball Fields #1 or #2 Resolution No. 31-2003 No Charge Group A Group B: Burlingame Residents Resolution No. 61-2006 $26.00 per hour Page 49 Fiscal Year 2023-24 Master Fee Schedule PARKS & RECREATION SERVICE REFERENCE FEE Non-residents Resolution No. 33-2008 $38.00 per hour Group C: Burlingame Residents Resolution No. 31-2003 $38.00 per hour Non-residents Resolution No. 33-2008 $62.00 per hour Washington Park Main Ball Field for Baseball Group A Resolution No. 41-2008 No Charge Group B: Burlingame Residents Resolution No. 41-2008 $38.00 per hour Non-residents Resolution No. 41-2008 $62.00 per hour Group C: Burlingame Residents Resolution No. 41-2008 $62.00 per hour Non-residents Resolution No. 41-2008 $86.00 per hour Washington Park Lights Resolution No. 24-2010 $43.00 per hour Grandstands $22.00 per hour + Field attendant $168.00 cleaning fee Page 50 Fiscal Year 2023-24 Master Fee Schedule PARKS & RECREATION SERVICE REFERENCE FEE Washington Park Bullpen Group A Resolution No. 31-2003 No Charge Group B: Burlingame Residents Resolution No. 61-2006 $20.00 per hour Non-residents Resolution No. 61-2006 $26.00 per hour Group C: Burlingame Residents Resolution No. 33-2007 $38.00 per hour Non-residents Resolution No. 33-2008 $49.00 per hour Washington Park Main Ball field Outfield for Soccer Group A Resolution No. 31-2003 No Charge Group B: Burlingame Residents Resolution No. 61-2006 $38.00 per hour Non-residents Resolution No. 33-2008 $62.00 per hour Group C: Burlingame Residents Resolution No. 61-2006 $62.00 per hour Non-residents Resolution No. 33-2008 $87.00 per hour Washington Park Lights Resolution No. 24-2010 $43.00 per hour Page 51 Fiscal Year 2023-24 Master Fee Schedule PARKS & RECREATION SERVICE REFERENCE FEE Washington Park Small Ball Field Group A Resolution No. 31-2003 No Charge Group B: Burlingame Residents Resolution No. 61-2006 $20.00 per hour Non-residents Resolution No. 33-2008 $33.00 per hour Group C: Burlingame Residents Resolution No. 61-2006 $33.00 per hour Non-residents Resolution No. 33-2008 $49.00 per hour Washington Small Lights Resolution No. 24-2010 $43.00 per hour Tennis Courts USTA Tournaments Burlingame Residents Resolution No. 31-2003 $40.00 per hour Non-residents Resolution No. 61-2006 $65.00 per hour For Profit Rental Burlingame Residents Resolution No. 103-2009 $24.00 per hour Non-residents Resolution No. 103-2009 $28.00 per hour Page 52 Fiscal Year 2023-24 Master Fee Schedule PARKS & RECREATION SERVICE REFERENCE FEE PICNIC PERMITS West -end of Washington Park Resolution No. 27-2011 $515.00 Permit Fee (for Burlingame residents and $500.00 Deposit non-profit groups only) Electrical Service Hook-up at Resolution No. 32-2009 $91.00 West -end of Washington Park Oak Tree Playground Picnic Area Burlingame Residents $192.00 Permit Fee No Deposit Non -Residents $230.00 Permit Fee No Deposit Redwood Grove Picnic Area Burlingame Residents Resolution No. 24-2010 $251.00 Permit Fee No Deposit Non -Residents Resolution No. 24-2010 $315.00 Permit Fee No Deposit Non-profit Group Picnic Fees: Resolution No. 103-2009 $120.00 Permit Fee Cuernavaca & Ray Parks No Deposit Both Washington Park Picnic Areas (Redwood Grove +Oak Tree) Burlingame Residents $355.00 Permit Fee No Deposit Page 53 Fiscal Year 2023-24 Master Fee Schedule PARKS & RECREATION SERVICE REFERENCE FEE Non -Residents $461.00 Permit Fee No Deposit Olive Tree Picnic Area Burlingame Residents $127.00 Permit Fee No Deposit Non -Residents $170.00 Permit Fee No Deposit Washington Park Sports Court Washington Park Basketball $19.00 per hour Court Rental of Pickleball Net $100 fee if returned damaged. $200 fee if returned beyond repair Washington Park Bocce Ball Courts (reservations) Burlingame Residents Resolution 34-2013 $32.00/hour per court No Deposit Non -Residents $37.00/hour per court No Deposit Rental of Bocce Ball and Resolution 34-2013 $11.00 Flat Rate + $40.00 Horseshoes Refundable deposit Page 54 Fiscal Year 2023-24 Master Fee Schedule PARKS & RECREATION SERVICE REFERENCE FEE Washington Park Horseshoe Pits (reservations) Burlingame Residents Resolution 34-2013 $32.00/hour per court No Deposit Non -Residents Resolution 34-2013 $37.00/hour per court No Deposit Rental of Park Space for Private Classes (Exercise Boot Camps, Stroller Exercise Classes & Other Private Uses) Burlingame residents Resolution No. 103-2009 $22.00 per hour Non-residents Resolution No. 103-2009 $26.00 per hour Village Park Picnic Fee (3 tables Burlingame residents Resolution 24-2010 $126.00 Permit Fee No Deposit Non-residents Resolution 24-2010 $170.00 Permit Fee No Deposit Offsite: Non -Profit Community Resolution No. 32-2009 $21.00 per table/per day Groups Equipment Rental Fees Collapsible Picnic Table Tables $6.00 per table/per day Page 55 Fiscal Year 2023-24 Master Fee Schedule PARKS & RECREATION SERVICE REFERENCE FEE Chairs $3.00 per chair/per day Tents $26.00 per tent/per day Inflatable Jump House Washington Park Resolution No. 27-2011 $126.00 Permit Fee No Deposit (Must be done in conjunction with a picnic permit) Wedding Ceremony Washington Park Rose Garden Resolution No. 27-2011 $126.00 Burlingame Residents Resolution No. 27-2011 $190.00 Non -Residents Washington Park Anson $126.00 Burlingame Portals $190.00 Burlingame Residents $63.00 Non -Residents $126.00 With Facility Rental Page 56 Fiscal Year 2023-24 Master Fee Schedule PARKS & RECREATION SERVICE REFERENCE FEE Photo Shoots in Parks Application Fee Resolution No. 27-2011 $62.00 non-refundable fee Rental Fee Per Day Resolution No. 27-2011 $157.00 per day Student Photo Shoot No Charge Film Shoot in Parks Application Fee $360.00 non-refundable fee Commercial or Corporate $503.00 per day Feature Film/Documentary $755.00 per day Community Garden Annual Fee Burlingame Residents $100/year per plot Non -Residents $115/year per plot Deposit $100 deposit Brochure Ads Resolution No. 27-2011 1 issue/3 issues (1 year - 20% Discount) 1/8 page $87.00/$281.00 1/4 page $175.00/$558.00 Page 57 e4RL1NGA ME Fiscal Year 2023-24 Master Fee Schedule PARKS & RECREATION SERVICE REFERENCE FEE 1/2 page $351.00/$1,124.00 Full page $701.00/$2,243.00 Full Page Inside Front Cover $945.00/$3,022.00 Full Page Inside Back Cover $881.00/$2,820.00 Full Page Back Cover $1,050.00/$3,360.00 Layout $90.00 per hour Discount for Non -Profits 25% resident groups 0% non-resident groups CLASSES Class Fees Resolution No. 31-2003 To be set based on class provider and materials/facilities provided Registration Fees Resolution No. 24-2010 $12.00 Non-resident Fee on Classes Resolution No. 31-2003 Add 20% to class fee rounded to nearest dollar Senior discount — Burlingame Resolution No. 103-2009 25% off class fee on residents age 65 and over classes held at Temporary Facilities Page 58 Fiscal Year 2023-24 Master Fee Schedule PARKS & RECREATION SERVICE REFERENCE FEE Senior discount — non-residents Resolution No. 31-2003 Waive non-resident fee age 65 and over Registration cancellation Resolution No. 33-2008 $8.00 per class or event charge TREE AND PARKS FEES Memorial tree plantings Resolution No. 33-2008 $342.00/$545.00 15 gallon/24" box size Memorial Bench Resolution No. 27-2011 $3,500.00 Additional street tree plantings Resolution No. 32-2009 $125.00/$518.00 15 gallon/24" box size Protected Tree Removal Resolution No. 33-2008 Application Fee $150.00 Residential/$450.00 Failure to Meet Replanting Commercial Requirements of Permit $1,500.00 / tree plant required Arborist's plan review for Resolution No. 33-2008 $284.00 landscaping requirements on planning applications (See also planning fee schedule) Page 59 Fiscal Year 2023-24 Master Fee Schedule PARKS & RECREATION SERVICE REFERENCE FEE Arborist check of construction Resolution No. 33-2008 $284.00 plans and inspection of landscape requirements on building permit submittals Appeal to City Council from Resolution No. 33-2008 $527.00 Beautification Commission decision (does not include noticing costs) Noticing, City Council Appeal Resolution No. 33-2008 $120.00 Street Banner Hanger Resolution No. 24-2010 $225.00 Private Tree Emergency Work $90.00 per hour Business Hours (M-F; 7-3:30) After Hours (Weekends & $115.00 per hour Holidays) Page 60 Fiscal Year 2023-24 Master Fee Schedule PLANNING SERVICE REFERENCE FEE PRE -APPLICATIONS Preliminary Plan Check, New Resolution No. 27-2011 $1018.00 Construction* Preliminary Plan Check, Resolution No. 27-2011 $510.00 Addition/Remodel* Zoning Verification/Property Profile $120.00 Letter APPLICATIONS Ambiguity/Determination Hearing Resolution No. 33-2008 $1,702.00 before Planning Commission (applies to Planning, Fire, and Building requests) Amendment/Extension of Permits Resolution No. 27-2011 $917.00 Appeal to Planning Commission of Resolution No. 33-2008 $664.00 administratively approved permits/appeal to City Council of Planning Commission decisions Noticing to be charged separately. *Fifty percent (50%) of fee will be credited toward required application fees if and when project is submitted as a complete application. Page 61 Fiscal Year 2023-24 Master Fee Schedule PLANNING SERVICE REFERENCE FEE Legal Review -Substantive work by Resolution No. 48-2015 $224.00/hour City Attorney for development projects requiring discretionary review before the Planning Commission under Title 25 Conditional Use Permit Resolution No. 27-2011 $2,257.00 Multi -Unit Residential, 10 Units or Resolution No. 33-2008 $4,018.00 Fewer Multi -Unit Residential, 11 Units to 25 Resolution No. 33-2008 $4,720.00 Units Multi -Unit Residential, 26 Units to 50 $5,539.00 Units Multi -Unit Residential, 51 Units to $6,503.00 100 Units Multi -Unit Residential, 101 Units and $7,636.00 Greater Design Review, Amendment Resolution No. 27-2011 $1,250.00 Design Review Deposit** Resolution No. 27-2006 $1,634.00 Design Review — Handling Fee Resolution No. 33-2008 $634.00 Minor "FYI" Amendment to $482.00 Approved Project —Applicant **Minimum deposit. Formula for ultimate calculation is design review consultant fee times hours spent. Project not set for hearing until actual time paid. Page 62 Fiscal Year 2023-24 Master Fee Schedule PLANNING SERVICE REFERENCE FEE Initiated As -Built "FYI" Variation from Approved Project $1,775.00 Design Review, Single -Unit Residential Resolution No. 27-2011 $1,446.00 Design Review, Multi -Unit Residential 25 Units or Fewer $2,326.00 Design Review, Multi -Unit Residential 26 Units or Greater $3,434.00 Design Review, Commercial 5,000 Gross Square Feet or Less $1,446.00 Design Review, Commercial 5,001- 10,000 Gross Square Feet $2,326.00 Design Review, Commercial 10,001 Gross Square Feet or Greater $3,434.00 Information Submittal to Planning Commission & Pre -Application Development Agreement $1,394.00 Fence Variance Resolution No. 27-2011 $1,271.00 Minor Modification Resolution No. 27-2011 $2,661.00 Hillside Area Construction Permit Resolution No. 27-2011 $2,66100 Accessory Dwelling Unit Resolution No. 27-2011 $823.00 Reasonable Accommodation Resolution No. 27-2011 $518.00 Page 63 Fiscal Year 2023-24 Master Fee Schedule PLANNING SERVICE REFERENCE FEE General Plan Amendment/Re-zoning Resolution No. 27-2011 $8,654.00 Accessory Dwelling Unit Amnesty Resolution No. 27-2011 $598.00 Permit, Building Official Inspection Deposit Special Use Permit Resolution No. 27-2011 $4,939.00 Variance Resolution No 27-2011 $5,162.00 Wireless Communications Municipal Code Section $2,294.00 Administrative Use Permit 25.48.300 Plan Recheck Fee More than two revisions to plans Resolution No. 32- 2009 $837.00 Major redesign of project plans Resolution No. 32- 2009 $1,008.00 Cannabis Operator Permit Municipal Code Section Application Fees 25.48.060 Delivery only, no fixed location $1,571.00 Fixed location, non -storefront retail delivery $6,283.00 Municipal Code Section Page 64 Fiscal Year 2023-24 Master Fee Schedule PLANNING SERVICE REFERENCE FEE Cannabis Operator Permit Renewal 25.48.060 Fees Delivery only, no fixed location $1,571.00 Fixed location, non -storefront retail delivery $393.00 ENVIRONMENTAL Environmental, Categorical Resolution No. 27-2011 $141.00 Exemption Environmental, Negative Declaration Resolution No. 27-2011 $7,274.00 If prepared by staff Environmental, Initial Resolution No. 27-2011 Pass -through of actual Study/Mitigated Negative contractor cost, plus 10% of Declaration Checklist/Streamlining contract handling fee, Exemption and/or with a deposit to be determined by Responsible Agency Director of Community Development Environmental Impact Report Resolution No. 31-2003 Pass -through of actual contractor cost, plus 20% of contract handling fee, deposit to be determined by Director of Community Development Environmental Posting Fee, Resolution No. 27-2011 $995.00 Page 65 Fiscal Year 2023-24 Master Fee Schedule PLANNING SERVICE REFERENCE FEE Mitigated Negative Declaration and EIR Fish & Wildlife Fee for Negative Fish & Game Code § $2,764.00 (Fish & Wildlife Declaration, whether mitigated or 711.4 Fee is updated annually on not (pass -through fee) January 1 by the California Department of Fish & Wildlife) Fish & Wildlife Fee for Fish & Game Code § $3,839.25 (Fish & Wildlife Environmental Impact Report (pass- 711.4 Fee is updated annually on through fee) January 1 by the California Department of Fish & Wildlife) County Clerk Processing Fee for Fish Fish & Game Code § $50.00 & Game (pass -through fee) 711.4 PARKS Arborist Review (when required) Resolution No. 33-2008 $284.00 NOTICING Noticing, All Other Resolution No. 27-2011 $768.00 Noticing, Design Review Resolution No. 27-2011 $1,067.00 Noticing, Minor Modifications, Resolution No. 27-2011 $892.00 Hillside Area Construction Permits Noticing, General Plan Amendment — Resolution No. 33-2008 $1,595.00 Re -zoning Noticing, Environmental Impact Code Section 25.48.300 $1,595.00 Page 66 Fiscal Year 2023-24 Master Fee Schedule PLANNING SERVICE REFERENCE FEE Report Noticing, City Council Appeal Code Section 25.48.300 $120.00 Noticing, Accessory Dwelling Unit Amnesty Permit Resolution No. 61-2004 $77.00 Noticing— Wireless Communications Municipal Code Chapter 25.48.300 $702.00 Noticing — Replacement of Design Review Sign $400.00 SIGNS 50 square feet or less Resolution No 27-2011 $299.00 Over 50 SF and less than 200 square feet Resolution No. 27-2011 $426.00 Over 200 square feet Resolution No. 27-2011 $491.00 Sign Variance/Master Sign Program Resolution No. 27-2011 $3,631.00 Removal of Illegal Sign Resolution No. 33-2008 $145.00 Page 67 Fiscal Year 2023-24 Master Fee Schedule DEVELOPMENT IMPACT FEES (PLANNING) The Public Facilities Impact Fee is a general category of fees based on the uses, number of dwelling units and/or amount of square footage to be located on the property after completion of a development project. The fees are committed to public improvement, public services, and community amenities affected by new development (Burlingame Municipal Code Chapter 25.80). The purpose of the fee is established upon approval of a permit for construction or reconstruction, and is intended for improvements in one or more of the following categories: • General Facilities & Equipment • Streets & Traffic • Libraries • Fire • Police • Storm Drainage • Parks & Recreation Single Family Multifamily Commercial Office Industrial Fee per Dwelling Unit Fee per Dwelling Unit Fee per 1,000 sq.ft. of Building Fee per 1,000 sq.ft. of Building Fee per 1,000 sq.ft. of Building General $ 2,756 $ 1,636 $ 640 $ 930 $ 305 Library $ 2,383 $ 1,415 $ 478 $ 695 $ 228 Police $ 437 $ 259 $ 102 $ 147 $ 48 Parks $ 590 $ 350 $ 118 $ 172 $ 56 Traffic/Streets $ 1,573 $ 1,105 $ 1,810 $ 7,285 $ 1,146 Fire $ 642 $ 381 $ 248 $ 360 $ 118 Storm Drainage $ 781 $ 391 $ 442 $ 717 $ 628 Total Impact Fee: $ 9,162 $ 5,537 $3,838 $10,306 $2,529 The establishing ordinance provides no annual escalator for the Public Facilities Impact Fee. Page 68 Fiscal Year 2023-24 Master Fee Schedule DEVELOPMENT IMPACT FEES (PLANNING) Burlingame Avenue Parking In Lieu Fees are applicable only to commercial properties within Downtown Burlingame and are collected in those instances where a land -use requires additional parking, but the site cannot physically accommodate additional spaces. The fee is based upon a per - space, or portion thereof that is not being provided on the property. The funds are to remain in the City's Parking fund to help defray the cost of building a City -owned and operated parking structure. The fees are updated annually based on the February Consumer Price Index — Urban Wage Earners and Clerical Workers (CPI-W) for the San Francisco Area. SERVICE REFERENCE FEE Burlingame Avenue Parking in Lieu Resolution 48-2000 $65,037.00 Fees Page 69 e4 FMM!'A ME Fiscal Year 2023-24 Master Fee Schedule AFFORDABLE HOUSING IMPACT FEES (PLANNING) Commercial Affordable Housing Linkage Fees were adopted by the City Council in 2017 to provide a dedicated source of funding for programs supporting workforce housing in Burlingame. • Retail - $7.00 per square foot ($5.00 w/ prevailing wages) • Hotel - $12.00 per square foot ($10.00 w/ prevailing wages) • Office projects of 50,000 square feet or less - $18.00 per square foot ($15.00 w/ prevailing wages) • Office projects greater than 50,000 square feet - $25.00 per square foot ($20.00 w/ prevailing wages) Residential Impact Fees were adopted by the City Council in 2019. The fees are to be used to increase, improve, and/or protect the supply of housing affordable to moderate-, low-, very low-, and extremely low-income households. An "in -lieu" option is available where the developer chooses to provide an affordable unit or units on site. Impact Fee — Per Square Foot Base With Prevailing / Area Wage Rental Multifamily — 11 units and above Up to 50 du/ac $17.00 / sq ft $14.00 / sq ft 51-70 du/ac $20.00 / sq ft $17.00 / sq ft 71 du/ac and above $30.00 / sq ft $25.00 / sq ft For Sale Multifamily Condominiums — 7 units and above $35.00 / sq ft $30.00 / sq ft Notes: 1. Rental Multifamily with total of 10 units or fewer are exempt. 2. For Sale Multifamily (Condominiums) with total of 6 units or fewer are exempt. 3. Rental projects that convert to condominiums within 10 years of completion of construction would be subject to the fee differential as a condition of conversion. The fee differential shall be based on the fee structure in place at the time of conversion to condominiums, minus the fees originally submitted at the time of construction. Page 70 Fiscal Year 2023-24 Master Fee Schedule POLICE SERVICE REFERENCE FEE Vehicle Release Resolution No.32-2009 $160.00 Police Reports Resolution No.32-2009 $0.25 per page Report Copies Gov't Code § 6253(b) Fingerprint Rolling Fee Live scan Fee Set by State $35.00 plus appropriate State of California Department of Dept. of Justice and/or Federal Justice processing fee CD's/DVD's Containing Resolution No.32-2009 $112.00 per CD/DVD Digital Files Clearance Letter Resolution No. 32-2009 $33.00 Repossessed Vehicle Gov't Code § 41612 $15.00 Preferential Parkin Permits (Residential Permit Parking Program) Resolution No. 22-2008 $66.00 Issuance (up to 2 permits (Section 13.36.070) for same address) Resolution No. 22-2008 $66.00 Annual renewal (up to 2 (Section 13.36.070) permits for same address) Resolution No. 22-2008 $66.00 (Section 13.36.070) Charge for replacement of lost permit Page 71 Fiscal Year 2023-24 Master Fee Schedule POLICE SERVICE REFERENCE FEE Burlingame Avenue Section 13.32.020 $66.00/month Downtown Area Parking Permits Driving Under Influence Resolution No. 32-2009 $267.00 per hour (DUI) Fees Resolution No. 33-2007 $155.00 per blood test $58.00 per breath or urine test Resolution No. 33-2007 $155.00 per refused blood test Resolution No. 33-2007 Security Service (Outside Resolution No. 33-2008 $167.00 per hour Detail) (minimum charge of four hours) Alarm Permit Application Resolution No. 116-2003 $18.00 Fee (Section 10.10.110) Resolution No. 116-2003 $32.00 per year Alarm Permits (Annual (Section 10.10.110) Renewal) Page 72 Fiscal Year 2023-24 Master Fee Schedule POLICE SERVICE REFERENCE FEE False Alarm Charge 1 to 2 false alarms No Charge 3 to 5 false alarms Resolution No. 116-2003 $50.00 each (Section 10.10.090) 6 or more false alarms Resolution No. 116-2003 $100.00 each Any false alarm for which (Section 10.10.090) $50.00 (includes cost of alarm no alarm permit has Resolution No. 28-2006 permit plus $18.00 initial been issued application fee) Live Entertainment Resolution No. 32-2009 $695.00 Permit (Sections 6.16.030) Single Event (Section 6.16.090) $120.00 Entertainment Permit Peddlers and Solicitors Resolution No. 41-2008 $739.00 for investigation plus (Section 6.24.030) fingerprinting fees Curb Painting Resolution No. 33-2007 $67.00 for investigation Tanning Salon Application Resolution No. 41-2008 $1,131.00 plus fingerprinting fees (Section 6.42.060) $1,036.00 plus fingerprinting fees Sale or Transfer Resolution No. 41-2008 (Section 6.42.120) $775.00 plus fingerprinting fees Renewal Resolution No. 41-2008 (Section 6.42.160) Page 73 Fiscal Year 2023-24 Master Fee Schedule POLICE SERVICE REFERENCE FEE Massage Operator Application Resolution No. 32-2009 $1,463.00 plus fingerprinting fees (Section 6.40.060) $1,463.00 plus fingerprinting fees Sale or Transfer Resolution No. 32-2009 (Section 6.40.120) $917.00 plus fingerprinting fees Renewal Resolution No. 32-2009 (Section 6.40.160) Model/Escort Service Resolution No. 41-2008 $1,240.00 plus fingerprinting fees Application (Section 6.41.040) $1,132.00 plus fingerprinting fees Sale or Transfer Resolution No. 41-2008 (Section 6.41.100) $775.00 plus fingerprinting fees Renewal Resolution No. 41-2008 (Section 6.41.130) Private Patrol Company Resolution No. 41-2008 $417.00 plus fingerprinting fees Application (Section 6.44.050) $208.00 plus fingerprinting fees Renewal Resolution No. 41-2008 (Section 6.44.080) Taxi Operator Application Section 6.36.050 Business license fee plus fingerprinting fees Business license fee plus Renewal Section 6.36.190 fingerprinting fees Page 74 e4RL1NGA ME Fiscal Year 2023-24 Master Fee Schedule POLICE SERVICE REFERENCE FEE Taxi Driver Application Section 6.36.050 $84.00 plus fingerprinting fees $74.00 plus fingerprinting fees Renewal Section 6.36.190 Taxicab Annual Section 6.36.120 $95.00 per vehicle Inspection Valet Parking Resolution No. 41-2008 $802.00 plus fingerprinting fees (Section 6.30.040) Concealed Weapon Resolution No. 32-2009 $1,354.00 for investigation Fortune Teller Resolution No. 41-2008 $802.00 plus fingerprinting fees (Set by Section 6.38.060) Unruly Gathering Section 10.70.070 Cost of Hours of Officer Response Special Events & Street Resolution No. 32-2009 Closing: Application and Permit $120.00 Sidewalk Closure $120.00 per parcel/per day $238.00 per parcel/per day Road Closure Verification of non- Resolution No. 90-2009 No Charge resident "proof -of - correction" citations Page 75 Fiscal Year 2023-24 Master Fee Schedule SEWER SERVICE REFERENCE FEE SEWER CAPACITY CHARGES Single-family Section 15.08.020 $11,075.00/ dwelling unit Fee updated based on Engineering News Record Construction Cost Index as of 1/1/2023 Multi -family, Two or Section 15.08.020 $7,667.00/ dwelling unit More Bedrooms Fee updated based on Engineering News Record Construction Cost Index as of 1/1/2023 Multi -family, Studio and Section 15.08.020 $5,206.00/ dwelling unit One Bedroom Fee updated based on Engineering News Record Construction Cost Index as of 1/1/2023 Detached Accessory Section 15.08.020 $4.62/ square foot Dwelling Unit (ADU) > Fee updated based on Engineering 150 square feet News Record Construction Cost Index as of 1/1/2023 Non -Residential, water Section 15.08.020 $21,299.00/ connection meter size = %-inch Fee updated based on Engineering News Record Construction Cost Index as of 1/1/2023 Non -Residential, water Section 15.08.020 $35,499.00/ connection meter size = 1-inch Fee updated based on Engineering News Record Construction Cost Index as of 1/1/2023 Page 76 Fiscal Year 2023-24 Master Fee Schedule SEWER SERVICE REFERENCE FEE Non -Residential, water Section 15.08.020 $70,997.00/ connection meter size = 1%-inch Fee updated based on Engineering News Record Construction Cost Index as of 1/1/2023 Non -Residential, water Section 15.08.020 $113,595.00/connection meter size = 2-inch Fee updated based on Engineering News Record Construction Cost Index as of 1/1/2023 Non -Residential, water Section 15.08.020 $212,991.00/ connection meter size = 3-inch Fee updated based on Engineering News Record Construction Cost Index as of 1/1/2023 Non -Residential, water Section 15.08.020 $354,986.00/connection meter size = 4-inch Fee updated based on Engineering News Record Construction Cost Index as of 1/1/2023 INDUSTRIAL WASTE DISCHARGE FEES The fee covers two (2) samples; additional samples charged according to the Analytical Processing Fee Schedule below. Light Discharger, Annual Ord. No. 1786 (2006) $638.00 Moderate Discharger, Ord. No. 1786 (2006) $1,748.00 Annual Heavy Discharger, Ord. No. 1786 (2006) $2,441.00 Annual Page 77 Fiscal Year 2023-24 Master Fee Schedule SEWER SERVICE REFERENCE FEE Non -Conventional Ord. No. 1786 (2006) $1,305.00 Discharger, Annual Groundwater Discharger Ord. No. 1786 (2006) Non -conventional Fee plus $7.00 per 1000 gallons discharged Application Processing Ord. No. 1786 (2006) $168.00 Fee ANALYTICAL FEES In-house Testing Ord. No. 1786 (2006) Cost Contract Lab Testing Ord. No. 1786 (2006) Cost plus 15% BIMONTHLY SEWER SERVICE CHARGES Minimum Bi-Monthly Resolution No. 144-2021 $29.82 Charges (Effective 1/1/2022) Applies only when volumetric sewer rates result in a charge that is lower than the minimum. Single-family or duplex Resolution No. 144-2021 $14.91 per thousand gallons. (Effective 1/1/2022) Multi -Unit residential Resolution No. 144-2021 $14.65 per thousand gallons (Effective 1/1/2022) Food Related: Resolution No. 144-2021 $35.69 per thousand gallons Restaurant, other (Effective 1/1/2022) commercial food -related uses Page 78 e4RL1NGA ME Fiscal Year 2023-24 Master Fee Schedule SEWER SERVICE REFERENCE FEE Moderate/Heavy Resolution No. 144-2021 $25.63 per thousand gallons commercial (Effective 1/1/2022) Light commercial Resolution No. 144-2021 $15.35 per thousand gallons (Effective 1/1/2022) Institutional/ Schools/ Resolution No. 144-2021 $8.62 per thousand gallons Churches (Effective 1/1/2022) Page 79 Fiscal Year 2023-24 Master Fee Schedule SEWER NEW CUSTOMERS IN SINGLE-FAMILY OR DUPLEX CLASSIFICATION — Resolution No. 144-2021 (Effective 1/1/2022) Number of Bedrooms Bi-Monthly Fee 1 Bedroom or Studio $59.64 2 Bedrooms $89.46 3 Bedrooms $119.28 4 Bedrooms $149.10 5 or More Bedrooms $178.92 Page 80 Fiscal Year 2023-24 Master Fee Schedule WATER SERVICE REFERENCE FEE WATER CAPACITY CHARGES Single-family Section 15.04.020 $7,260.00/ dwelling unit Fee updated based on Engineering News Record Construction Cost Index as of 1/1/23 Multi -family, Two or Section 15.04.020 $4,513.00/ dwelling unit More Bedrooms Fee updated based on Engineering News Record Construction Cost Index as of 1/1/23 Multi -family, Studio and Section 15.04.020 $2,942.00/ dwelling unit One Bedroom Fee updated based on Engineering News Record Construction Cost Index as of 1/1/23 Detached Accessory Section 15.04.020 $3.03/ square foot Dwelling Unit (ADU), > Fee updated based on Engineering 150 square feet News Record Construction Cost Index as of 1/1/23 Non -Residential, water Section 15.04.020 $10,987.00/ connection meter size= %-inch Fee updated based on Engineering News Record Construction Cost Index as of 1/1/23 Non -Residential, water Section 15.04.020 $18,326.00/ connection meter size=1-inch Fee updated based on Engineering News Record Construction Cost Index as of 1/1/23 Page 81 Fiscal Year 2023-24 Master Fee Schedule WATER SERVICE REFERENCE FEE Non -Residential, water Section 15.04.020 $36,613.00/ connection meter size= 1 % -inch Fee updated based on Engineering News Record Construction Cost Index as of 1/1/23 Non -Residential, water Section 15.04.020 $58,588.00/ connection meter size=2-inch Fee updated based on Engineering News Record Construction Cost Index as of 1/1/23 Non -Residential, water Section 15.04.020 $109,877.00/ connection meter size=3-inch Fee updated based on Engineering News Record Construction Cost Index as of 1/1/23 Non -Residential, water Section 15.04.020 $183,142.00/ connection meter size=4-inch Fee updated based on Engineering News Record Construction Cost Index as of 1/1/23 Page 82 Fiscal Year 2023-24 Master Fee Schedule WATER Water fees are set via a three year rate -setting cycle with an effective date of January 1. The following rates are effective January 1, 2019. SERVICE REFERENCE FEE BI-MONTHLY CHARGE FOR METERS 5/8" and 3/4" meter Ord. No. 1880 (2017) $84.03 1" meter Ord. No. 1880 (2017) $140.05 1 - %" meter Ord. No. 1880 (2017) $280.10 2" meter Ord. No. 1880 (2017) $448.16 3" meter Ord. No. 1880 (2017) $840.30 4" meter Ord. No. 1880 (2017) $1,400.50 6" meter Ord. No. 1880 (2017) $2,801.00 8" meter Ord. No. 1880 (2017) $4,481.60 Page 83 Fiscal Year 2023-24 Master Fee Schedule WATER SERVICE REFERENCE FEE WATER CONSUMPTION Single Family Residential Tiers Ord. No. 1880 (2017) Rates per thousand gallons Tier 1 (0-4,000 gal): $9.79 Tier 2 (4,001-8,000 gal): $10.98 Tier 3 (8,001-16,000 gal): $12.18 Tier 4 (16,001-24,000 gal): $13.38 Tier 5 (24,001 gal & above): $14.58 Commercial/Multi- Ord. No. 1880 (2017) Effective January 1, 2019: $11.46 Family/Duplex/Other per thousand gallons Water Service Turn -On Ord. No. 1880 (2012) 8 a.m. to 3:15 p.m., Monday No Charge thru Friday 3:16 p.m. to 3:30 p.m., Monday $20.00 thru Friday 3:31 p.m. to 7:59 a.m., Monday $60.00 thru Friday Saturday/Sunday/Holiday $60.00 Page 84 Fiscal Year 2023-24 Master Fee Schedule Dk] SERVICE REFERENCE FEE Penalty Fee (Past Due) Not paid within 30 days of Ord. No. 1880 (2012) 1.5% penalty billing Service Renewal 8 a.m. to 3:15 p.m., Monday Ord. No. 1880 (2012) $35.00 thru Friday 3:16 p.m. to 3:30 p.m., Monday Ord. No. 1880 (2012) $45.00 thru Friday 3:31 p.m. to 4:50 p.m., Monday Ord. No. 1880 (2012) $60.00 thru Friday After normal operating hours $150.00 Maintenance of Water in Fire Ord. No. 1880 (2012) $1.00 per month per inch of pipe Protection System diameter, with $2.00 minimum charge Flow Test 5/8" through 1" Ord. No. 1880 (2012) $50.00 1 - %" and 2" $80.00 Over 2" $100.00 minimum (if over $100.00, cost of testing plus 15%) Page 85 Fiscal Year 2023-24 Master Fee Schedule Dk] SERVICE REFERENCE FEE Temporary Water Service Ord. No. 1880 (2012) $750.00 deposit Meter charges (does not $43.00 per month for 1-inch meter include water consumption) $85.00 per month for three-inch meters Water Service Turn -on Deposit Ord. No. 1880 (2012) $50.00 or 2 months estimated if Delinquent on City Water consumption, whichever is greater Account in Previous 12 months Work on City Water System Ord. No. 1880 (2012) $60.00 permit $1,500.00 bond or deposit Fire Flow Test Section 15.04.030 $242.00 per hydrant SERVICE REFERENCE FEE Page 86 e4RL1NGA ME Fiscal Year 2023-24 Master Fee Schedule WATER Water Line Installation 5/8" bypass meter Ord. No. 1805 (2007) $369.00 3/4" service with meter Ord. No. 1805 (2007) $4,317.00 1" service with meter Ord. No. 1805 (2007) $4,354.00 1- % " service with meter Ord. No. 1805 (2007) $5,560.00 2" service with meter Ord. No. 1805 (2007) $5,707.00 If larger than 2" or a length of Ord. No. 1805 (2006) Cost plus 15% more than 60 feet Meter Upgrade To 3/4" meter or 1" meter Ord. No. 1805 (2007) $254.00 (meter only) Page 87 Fiscal Year 2023-24 Master Fee Schedule COUNTY FEES - ANIMAL CONTROL The City's agreement with San Mateo County requires that animal control fees reflect the fees adopted by the County Board of Supervisors (S.M.0 Ordinance No. 04628, approved July 24, 2012). These fees are subject to changes based on any future action by the County of San Mateo, and are available on-line at https://Iibrary.municode.com/ca/san mateo county/codes/code of ordinances?node1d=TIT6AN#! Page 88 3/14/23, 12:18 PM Consumer Price Index, San Francisco Area - February 2023 : Western Information Office : U.S. Bureau of Labor Statistics -Jo" U.S. BUREAU OF LABOR STATISTICS Bureau of Labor Statistics > Geographic Information > Western > News Release Western Information Office Western Home Vestern Geography Western Subjects Western Archives Consumer Price Index, San Francisco Area - February 2023 Area prices were up 1.8 percent over the past two months, up 5.3 percent from a year ago Prices in the San Francisco area, as measured by the Consumer Price Index for All Urban Consumers (CPI-U), advanced 1.8 percent for the two months ending in February 2023, the U.S. Bureau of Labor Statistics reported today. (See table A.) Regional Commissioner Chris Rosenlund noted that the February increase was influenced by higher prices for shelter. (Data in this report are not seasonally adjusted. Accordingly, month -to -month changes may reflect seasonal influences.) Over the last 12 months, the CPI-U advanced 5.3 percent. (See chart 1 and table A.) Food prices increased 8.0 percent, and energy prices rose 8.6 percent. The index for all items less food and energy increased 4.6 percent over the year. (See table 1.) Chart 1. Over -the -year percent change in CPI-U, San Francisco -Oakland -Hayward, CA, February 2020-February 2023 Percent change 8.0 7.0 60 5.0 4.0 3.0 2.0 1.0 All items All items less food and energy ►ti 4 0.0 i i i i i i i i i i i i i i i i i i ' Feb Apr Jun Aug Oct Dec Feb Apr Jun Aug Oct Dec Feb Apr Jun Aug Oct Dec Feb 2020 2021 2022 2023 Source: U_5. Bureau of Labor Statistics_ View Chart Data Search Western Region GO Contact Western News Release Information 23-512-SAN Tuesday, March 14, 2023 Contacts Technical information: (415) 625-2270 BLSinfoSF(@bls.gov www.bls.gov/regions/west Media contact: (415) 625-2270 Related Links CPI historical databases Food Food prices increased 1.2 percent for the two months ending in February. (See table 1.) Prices for food at home increased 1.2 percent, with higher prices in three of the six subcategories. Prices for food away from home increased 1.2 percent for the same period. Over the year, food prices increased 8.0 percent. Prices for food at home rose 8.1 percent since a year ago. Price increases across food at home expenditure categories ranged from 5.3 percent for meats, poultry, fish, and eggs to 10.8 percent for nonalcoholic beverages and beverage materials. Prices for food away from home advanced 7.8 percent. Energy The energy index advanced 6.6 percent for the two months ending in February. The increase was mainly due to higher prices for natural gas service (18.0 percent). Prices for gasoline rose 4.6 percent, and prices for electricity increased 3.4 percent for the same period. Energy prices rose 8.6 percent over the year, led by higher prices for natural gas service (29.1 percent). Prices paid for electricity increased 13.6 percent, but prices for gasoline declined 1.2 percent during the past year. All items less food and energy The index for all items less food and energy advanced 1.6 percent in the latest two -month period. Higher prices for apparel (6.3 percent), household furnishings and operations (3.8 percent), and shelter (1.8 percent) were partially offset by lower prices for used cars and trucks (-2.6 percent). Over the year, the index for all items less food and energy increased 4.6 percent. Components contributing to the increase included household furnishings and operations (7.5 percent), and shelter (4.4 percent). Partly offsetting the increases was a price decrease in used cars and trucks (-11.9 percent). Table A. San Francisco -Oakland -Hayward, CA, CPI-U 2-month and 12-month percent changes, all items index, not seasonally adjusted F2019 2020 2021 2022 2023 Month 2-month 12-month 2-month 12-month 2-month 12-month 2-month 12-month 2-month 12-month February 0.5 3.5 0.9 2.9 0.5 1.6 1.4 5.2 1.8 5.3 April 1.2 4.0 -0.5 1.1 1.7 3.8 1.5 5.0 June 0.2 3.2 0.7 1.6 0.0 3.2 1.7 6.8 August 0.1 2.7 0.0 1.6 0.5 3.7 -0.5 5.7 October 1.0 3.0 0.5 1.1 0.7 3.8 1.0 6.0 December -0.5 2.5 0.4 2.0 0.8 4.2 -0.3 4.9 The April 2023 Consumer Price Index for the San Francisco area is scheduled to be released on May 10, 2023. https://www.bls.gov/regions/west/news-release/consumerpriceindex_sa nfrancisco. htm 1 /3 3/14/23, 12:18 PM Consumer Price Index, San Francisco Area - February 2023 : Western Information Office : U.S. Bureau of Labor Statistics Technical Note The Consumer Price Index (CPI) is a measures of the average change in prices over time in a fixed market basket of goods and services. The Bureau of Labor Statistics publishes CPIs for two population groups: (1) a CPI for All Urban Consumers (CPI-U) which covers approximately 93 percent of the total U.S. population and (2) a CPI for Urban Wage Earners and Clerical Workers (CPI-W) which covers approximately 29 percent of the total U.S. population. The CPI-U includes, in addition to wage earners and clerical workers, groups such as professional, managerial, and technical workers, the self-employed, short-term workers, the unemployed, and retirees and others not in the labor force. The CPI is based on prices of food, clothing, shelter, and fuels, transportation fares, charges for doctors' and dentists' services, drugs, and the other goods and services that people buy for day-to-day living. Each month, prices are collected in 75 urban areas across the country from about 6,000 housing units and approximately 22,000 retail establishments -department stores, supermarkets, hospitals, filling stations, and other types of stores and service establishments. All taxes directly associated with the purchase and use of items are included in the index. The index measures price changes from a designated reference date; for most of the CPI-U the reference base is 1982-84 equals 100. An increase of 7 percent from the reference base, for example, is shown as 107.000. Alternatively, that relationship can also be expressed as the price of a base period market basket of goods and services rising from $100 to $107. For further details see the CPI home page on the internet at www.bls.gov/cpi and the CPI section of the BLS Handbook of Methods available on the internet at www.bls.gov/opub hom cpji. In calculating the index, price changes for the various items in each location are averaged together with weights that represent their importance in the spending of the appropriate population group. Local data are then combined to obtain a U.S. city average. Because the sample size of a local area is smaller, the local area index is subject to substantially more sampling and other measurement error than the national index. In addition, local indexes are not adjusted for seasonal influences. As a result, local area indexes show greater volatility than the national index, although their long-term trends are quite similar. NOTE: Area indexes do not measure differences in the level of prices between cities; they only measure the average change in prices for each area since the base period. The San Francisco -Oakland -Hayward, CA. metropolitan area covered in this release is comprised of Alameda, Contra Costa, Marin, San Francisco, San Mateo Counties in the State of California. Information in this release will be made available to individuals with sensory impairments upon request. Voice phone: 202-691-5200; Telecommunications Relay Service: 7-1-1. Table 1. Consumer Price Index for All Urban Consumers (CPI-U): Indexes and percent changes for selected periods San Francisco -Oakland -Hayward, CA (1982-84=100 unless otherwise noted) Indexes Percent change from - Item and Group Historical Dec. Jan. Feb. Feb. Dec. Jan. data 2022 2023 2023 2022 2022 2023 Expenditure category All items 0 331.222 - 337.173 5.3 1.8 All items (1967=100) 0 1,018.268 - 1,036.563 - - - Food and beverages 0 357.277 - 359.912 7.6 0.7 - Food 0 359.081 - 326.412 327.478 363.265 8.0 1.2 - Food at home 0 330.202 8.1 1.2 0.8 Cereals and bakery products 0 321.182 - 329.783 7.0 2.7 - Meats, poultry, fish, and eggs 0 356.523 - 351.353 5.3 -1.5 - Dairy and related products 0 345.389 414.685 - 331.704 9.8 -4.0 - Fruits and vegetables 0 - 431.651 8.6 4.1 - Nonalcoholic beverages and beverage materials( 0 243.487 - 239.599 10.8 -1.6 - Other food at home 0 279.542 - 289.097 9.4 3.4 - Food away from home 0 394.357 - 398.992 7.8 1.2 - Alcoholic beverages 0 338.666 - 323.971 2.6 -4.3 - Housing 0 381.854 - 390.701 5.4 2.3 - Shelter 0 426.481 430.591 434.093 4.4 1.8 0.8 Rent of primary residence(g) 0 487.480 490.031 491.874 4.8 0.9 0.4 Owners' equiv. rent of residences(3)(3) 0 457.867 462.232 466.191 4.9 1.8 0.9 Owners' equiv. rent of primary residence(I)L) 0 457.867 462.232 466.191 4.9 1.8 0.9 Fuels and utilities 0 551.930 - 585.793 558.268 13.8 6.1 - Household energy 0 515.010 552.293 19.0 8.4 1.1 Energy services(3) 0 516.458 553.863 560.531 19.1 8.5 1.2 Electricity( Utility (piped) gas service(R) 0 542.853 561.548 561.548 13.6 3.4 0.0 0 464.003 530.248 - 547.333 172.101 29.1 18.0 3.2 Household furnishings and operations 0 165.874 7.5 3.8 - Apparel 0 109.638 - 116.586 3.2 6.3 - Footnotes (1) Indexes on a December 1977=100 base. (2) This index series was calculated using a Laspeyres estimator. All other item stratum index series were calculated using a geometric means estimator. (3) Indexes on a December 1982=100 base. (4) Special index based on a substantially smaller sample. (5) Indexes on a December 1993=100 base. (6) Indexes on a December 1997=100 base. - Data not available NOTE: Index applies to a month as a whole, not to any specific date. https://www.bls.gov/regions/west/news-release/consumerpriceindex_sanfrancisco. htm 2/3 3/14/23, 12:18 PM Consumer Price Index, San Francisco Area - February 2023 : Western Information Office : U.S. Bureau of Labor Statistics Item and Group Transportation Private transportation Indexes Historical Dec. Jan. Feb. data 2022 2023 2023 Percent change from - Feb. Dec. Jan. 2022 2022 2023 0 243.553 - 248.587 4.2 2.1 - 0 244.479 - 248.047 2.8 1.5 New and used motor vehicles(4) 0 119.184 - 119.154 - 0.0 New vehiclesu) 0 194.236 - 195.768 - 0.8 Used cars and trucks(I) 0 340.493 - 331.660 -11.9 -2.6 - Motor fuel 0 325.704 323.764 340.659 -0.8 4.6 5.2 Gasoline (all types) 0 323.357 321.434 338.264 -1.2 4.6 5.2 Gasoline, unleaded regular(4) 0 323.162 321.234 338.236 -1.3 4.7 5.3 Gasoline, unleaded midgradeU(s) 0 303.156 301.207 316.639 -0.8 4.4 5.1 Gasoline, unleaded premiumU 0 307.298 305.510 320.831 -0.7 4.4 5.0 Medical care 0 - - - - - - Recreation(s) 0 143.214 - 144.312 5.2 0.8 - Education and communication(s) 0 160.184 - 160.458 3.2 0.2 - Tuition, other school fees, and child care(1) 0 1,943.403 - - - - - Other goods and services 0 569.746 - 579.693 7.2 1.7 - Commodity and service group All items Commodities Commodities less food & beverages 0 331.222 - 337.173 5.3 1.8 - 0 230.565 - 233.306 5.0 1.2 - 0 164.586 - - 166.994 219.813 2.8 1.5 - Nondurables less food & beverages 0 213.305 3.4 3.1 - Durables 0 116.497 - 116.778 - 0.2 - Services 0 415.986 - 424.692 5.5 2.1 - Special aggregate indexes All items less medical care ❑ 320.590 - 326.809 5.4 1.9 - AII items less shelter 0 294.223 - 299.536 6.0 1.8 - Commodities less food 0 172.119 - 174.188 2.9 1.2 - Nondurables 0 286.723 - 291.607 6.0 1.7 - Nondurables less food 0 222.980 - 228.172 3.3 2.3 - Services less rent of shelter(3) 0 424.773 - 435.940 7.4 2.6 - Services less medical care services ❑ 404.019 - 413.566 5.7 2.4 - Energy 0 403.252 417.374 429.799 8.6 6.6 3.0 All items less energy ❑ 331.841 - 336.928 5.1 1.5 - AII items less food and energy 0 328.551 - 333.753 4.6 1.6 - Footnotes (1) Indexes on a December 1977=100 base. (2) This index series was calculated using a Laspeyres estimator. All other item stratum index series were calculated using a geometric means estimator. (3) Indexes on a December 1982=100 base. (4) Special index based on a substantially smaller sample. (5) Indexes on a December 1993=100 base. (6) Indexes on a December 1997=100 base. - Data not available NOTE: Index applies to a month as a whole, not to any specific date. Last Modified Date: Tuesday, March 14, 2023 U.S. BUREAU OF LABOR STATISTICS Western Information Office Attn: EA & I, 90 Seventh Street Suite 14-100 San Francisco, CA 94103-6715 Telephone:1-415-625-2270_ www.bis.gov/regions/wes Contact Western Region https://www.bls.gov/regions/west/news-release/consumerpriceindex_sanfrancisco. htm 3/3 City of Burlingame Financial Policy Document User Fee Cost Recovery Purpose: A clear User Fee Cost Recovery Policy will allow the City of Burlingame to provide an ongoing, sound basis for setting fees that allows charges and fees to be periodically reviewed and updated based on predetermined, researched and supportable criteria that can be made available to the public. Background• The City Council has traditionally approved a Master Fee Schedule as part of the budget process. City user fees are adjusted to reflect the annual increase in costs that are adopted for the ensuing budget year. The fee adjustments are not automatic. They require an annual review and approval by the City Council. An annual review and update ensures that fees reflect current costs to provide services, allows the addition of fees when applicable for new City services, and provides for the elimination of fees for discontinued services. A City-wide Cost Allocation Plan provides a methodology for data -based distribution of administrative and other overhead charges to programs and services. A Cost of Services Study allows the determination of the full cost of providing each service for which a fee is charged, and lays the final groundwork needed for development of a values -based and data -driven User Fee Cost Recovery Policy. The most recent Cost Allocation Plan and Cost of Services Study was completed in March, 2016. Comments and direction from the Master Fee Schedule Updates subsequent to the study were used to prepare this Fiscal Policy. Policy: The policy has three main components: • Provision for ongoing review • Process of establishing cost recovery levels o Factors to be Considered Target Cost Recovery Levels o Parks and Recreation Programs o Development Review Programs o Public Works Services o Public Safety Services o Library o Administrative Services Provision for ongoing review Fees will be reviewed at least annually in order to keep pace with changes in the cost of living and methods or levels of service delivery. In order to facilitate a fact -based approach to this review, a comprehensive analysis of the city's costs and fees should be made every three to five years. In the interim, fees will be adjusted by annual cost factors reflected in the appropriate program's operating budget. Process of establishing user fee cost recovery levels The following factors will be considered when setting service fees and cost recovery levels: Community -wide vs. special benefit • The use of general purpose revenue is appropriate for community -wide services while user fees are appropriate for services that are of special benefit to individuals or groups. Full cost recovery is not always appropriate. Page 1 of 17 City of Burlingame Financial Policy Document User Fee Cost Recovery 2. Service Recipient Versus Service Driver • Particularly for services associated with regulated activities (development review, code enforcement), from which the community eventually benefits, cost recovery from the "driver" of the need for the service (applicant, violator) is appropriate. Consistency with City public policies and objectives • City policies and Council goals focused on long-term improvements to community quality of life may also impact desired fee levels, as fees can be used to change community behaviors, promote certain activities or provide funding for pursuit of specific community goals, for example: health and safety, environmental stewardship. 4. Impact on demand (elasticity) • Pricing of services can significantly impact demand. At full cost recovery, for example, the City is providing services for which there is a genuine market not over -stimulated by artificially low prices. Conversely, high cost recovery may negatively impact lower income groups and this can work against public policy outcomes, especially if the services are specifically designed to serve particular groups. 5. Discounted Rates and Surcharges • Rates may be discounted to accommodate lower income groups or groups who are the target of the service, such as senior citizens or residents. • Higher rates are considered appropriate for non-residents to further reduce general fund subsidization of services. 6. Feasibility of Collection It may be impractical or too costly to establish a system to appropriately identify and charge each user for the specific services received. The method of assessing and collecting fees should be as simple as possible in order to reduce the administrative cost of collection. Target cost recovery levels 1. Low cost recovery levels (0% - 30%) are appropriate if: • There is no intended relationship between the amount paid and the benefit received • Collecting fees is not cost-effective • There is no intent to limit use of the service • The service is non -recurring • Collecting fees would discourage compliance with regulatory requirements • The public at large benefits even if they are not the direct users of the service High cost recovery levels (81% - 100%) are appropriate if: • The individual user or participant receives the benefit of the service • Other private or public sector alternatives could or do provide the service • For equity or demand management purposes, it is intended that there be a direct relationship between the amount paid and the level and cost of the service received • The use of the service is specifically discouraged • The service is regulatory in nature Page 2 of 17 City of Burlingame Financial Policy Document User Fee Cost Recovery 3. Services having factors associated with both cost recovery levels would be subsidized at a mid- level of cost recovery (31% - 80%). General categories of services tend to fall logically into the three levels of cost recovery above and can be classified according to the factors favoring those classifications for consistent and appropriate fees. Primary categories of services include: • Parks and Recreation Programs • Development Review Programs - Planning and Building • Public Works Department - Engineering, Utilities, and Maintenance • Public Safety • Library • Administrative Services Parks and Recreation Proarams Cost analyses of Parks and Recreation activities do not follow a typical unit -based approach, as the unit costs for these types of programs are largely affected by the participation numbers, which can vary significantly. Instead, the cost analysis for the Parks and Recreation Department consists of a comparison of the overall full cost and revenue of each program area. The individual activities are grouped into the nine different program areas shown below. General Categorization of Programs, Services, Activity, and Facilities Low Cost Recovery (0-30%) Mid Cost Recovery (31-80%) High Cost Recovery (81-100%) Parks Park and Playground Maintenance Tennis Courts Dog Park Street Banner Hanging Landscape Maintenance X X X X X Arborist Services Tree Plantings Protected Tree Removal Permits X X Recreation Programs: Senior Services Senior Activities Bingo-N-Bag Lunch X X Page 3 of 17 City of Burlingame Financial Policy Document User Fee Cost Recovery Recreation Programs: Youth Services Pre -School and Enrichment Youth Camps/Trips X X Recreation Programs: Teen Services Youth Advisory Committee X Recreation Programs: Leisure Classes Performing Arts Art Language Culinary Fitness Special Interest Miscellaneous X X X X X X Recreation Programs: Sports School Age Sports Tennis Lesson/Camps Softball Miscellaneous Sports/Camps X X X X Events/ Celebration City Sponsored City -Wide Movies/Music in the Park Pet Parade Other Events X X X X X Facility Usage City Functions (e.g. commissions) Co -Sponsored Organization Non -Profit Fields (Youth: Non -Profit) Fields (Adult: Non -Profit) Tennis Courts Picnic Rentals (Private Party) Private Rentals Fields (For Profit) Contracted Venues (For Profit) X X X X X X X X X X It should be noted that discussions regarding the potential (or desirability) for full cost recovery do not apply to Parks and Recreation Services as a whole. Park and recreation programs occupy a unique service niche in local government. A breadth of recreation and park services provides a general community benefit that warrants a significant measure of subsidization. Normally, market/economic and social/political pressures will dictate or heavily influence the fee levels for these discretionary programs. Page 4 of 17 City of Burlingame Financial Policy Document User Fee Cost Recovery Low Recovery Expectations Low to zero recovery is expected for programs in this category as the community benefits from the service. Non-resident fees (if allowed) may provide medium cost recovery. In general, low cost programs or activities in this group provide a community wide benefit. These programs and activities are generally programs or activities enhancing the health, safety and livability of the community and therefore require the removal of a cost barrier for optimum participation. For example: • Parks - As long as collecting fees at City parks is not cost-effective, there should be no fees collected for general use of parks and playgrounds. Costs associated with maintaining the City's parks represent a large cost for which there is no significant opportunity for recovery - these facilities are public domains and are an essential service of Citygovernment. • Senior Classes/Events - The primary purpose of senior classes and events is to encourage participation. The seniors served in these classes may not have the means of paying for the classes. The classes should continue to be offered in collaboration with outside agencies when possible. • Pilot Programs - In any program year, certain classes or activities may be offered on a "pilot" basis at subsidized levels to determine initial interest and how favorably the program would be received overall. • Events/Celebrations - Community Services events provide opportunities for neighborhoods to come together as a community and integrate people of various ages, economic and cultural backgrounds. Events also foster pride in the community and provide opportunities for volunteers to give back. As such, the benefits are community -wide. In addition, collection of fees are not always cost effective. • Facility Usage - Safe and secure facilities for neighborhood problem -solving and provision of other general services support an engaged community and should be encouraged with low or no fees. Medium Recovery Expectation Recovery of most program costs incurred in the delivery of the service, but without recovery of any of the costs which would have been incurred by the department without the service. Both community and individuals benefit from these services. Non-resident fees if allowed may provide higher cost recovery. • Youth Sports / Camps — Programs that encourage outdoor fitness for youth should be offered at moderate fees to encourage use of City facilities and help defray the cost of their maintenance. • Field Usage and Tennis Courts — Cost should be kept low for local non-profit organizations providing sports leagues open to residents and students in Burlingame Schools that encourage healthy lifestyles and lifelong fitness. Opportunities exist to collect a reasonable fee for use to defray citywide expenses for tennis facilities and fields. High Recovery Expectations Present when user fees charged are sufficient to support direct program costs plus up to 100% of department administration and city overhead associated with the activity. Individual benefit foremost and minimal community benefit exists. Activities promote the full utilization of parks and recreation facilities. • Programs - Activities in this area benefit the individual user. Programs, classes, and sports leagues are often offered to keep pace with current recreational trends and provide the Page 5 of 17 City of Burlingame Financial Policy Document User Fee Cost Recovery opportunity to learn new skills, improve health, and develop social competency. The services are made available to maximize the use of the facilities, increase the variety of offerings to the community as a whole, and spread department administration and city-wide overhead costs to many activities. In some instances offering these activities helps defray expenses of services with no viable means of collecting revenue e.g. parks, playgrounds, etc. Facility Usage — Facility use is set at a higher rate for the private use of the public facility for meetings, parties, and programs charging fees for services and celebrations. Contracted Venues -(for profit)- Longterm arrangements where a facility is rented or contracted out to reduce general funding expense in orderto provide specialized servicesto residents. Page 6 of 17 City of Burlingame Financial Policy Document User Fee Cost Recovery Development Review Services • Planning (planned development permits, tentative tract and parcel maps, re -zonings, general plan amendments, variances, use permits) • Building and safety (building permits, structural plan checks, inspections) General Categorization of Programs, Services, Activity, and Facilities Low Cost Recovery (0-3051.) Mid Cost Recovery (31-8094.) High Cost Recovery (81-1009,.) Pre -Applications Preliminary Plan Check (New Construction*) Preliminary Plan Check (Remodel*) Zoning Verification/ Property Profile Letter X X X Applications Ambiguity/Determination Hearing before Planning Commission (applies to Planning, Fire, and Building requests) X Amendment/Extension of Permits X Antenna Exception Fee X Appeal to Planning Commission of administratively approved permits/appeal to City Council of Planning Commission decisions X Legal Review -Substantive work by City Attorney for development projects requiring discretionary review before the Planning Commission under Title 25 X Conditional Use Permit X Condominium Permit (4-10 Units or Fewer) X Condominium Permit (11 Units-25 Units) X Condominium Permit (26 Units-50 Units) X Condominium Permit (51 Units-100 Units) X Condominium Permit (101 Units and Greater) X Design Review, Addition X Design Review, Amendment X Design Review —Handling Fee X Minor Amendment to Approved Project X As -Built Variation from Approved Project X Design Review, New Construction X Fence Exception X Minor Modification X Hillside Area Construction Permit X Secondary Dwelling Unit X Reasonable Accommodation X Page 7 of 17 City of Burlingame Financial Policy Document User Fee Cost Recovery Re -zoning X Second Unit Amnesty Permit Building Official Inspection Deposit X Special Use Permit X Variance X Wireless Communications Administrative Use Permit X Plan Recheck Fee More than two revisions to plans Major redesign of project plans X X Environmental Categorical Exemption Negative Declaration Mitigated Declaration and/orwith a Responsible Agency Impact Report Posting Fee, Negative Declaration and EIR X X X X X Parks Arborist Review (when required) X Noticing R-1 and R-2 All Other Districts R-1 Design Review, Residential R-1 Design Study, Residential Design Review, all other districts Minor Modifications or Hillside Area Construction Permits General Plan Amendment Environmental Impact Report City Council Appeal Second Unit Amnesty Wireless Communications Replacement of Posted Sign Design Review Yard Sign X X X X X X X X X X X X X Sign 50 square feet or less Over 50 SF and less than 200 square feet Over 200 square feet Sign Variance Removal of Illegal Sign X X X X X Publications Zoning Map X Page 8 of 17 City of Burlingame Financial Policy Document User Fee Cost Recovery Building Fees General Categorization of Programs, Services, Activity, and Facilities Low Cost Recovery (0-30%) Mid Cost Recovery (31-80%) High Cost Recovery (81-100%) Building Permit Fees Not Based on Total Valuation All inspections outside normal business hours (minimum charge is for 2 hours) All reinspection fees (minimum 1 hour) X X Energy Upgrade California Basic Package Advanced Package X X Plan Review Fees Review request for alternate materials and methods Review of unreasonable hardship request Plan revisions for planning department Plan revisions subsequent to permit issuance Arborist Review Fee X X X X X Plumbing Permit Fees Fixtures and Vents (each fixture) Sewer and Interceptors (each) Water Piping and Water Heaters X X X Gas Piping Systems For each gas piping system of one to five outlets For each additional outletover five X X Irrigation Systems and Backflow Prevention Devices X Swimming Pools Public or Private Pool Public or Private Spa X X For each appliance orfixture which no fee is listed X Mechanical Permit Fees Furnaces Boilers, Compressors, Absorption Systems Air Handlers X X X Ventilation and Exhaust Each ventilation fan attached to a single duct Each hood including ducts X X Page 9 of 17 City of Burlingame Financial Policy Document User Fee Cost Recovery Miscellaneous appliance or piece of equipment not specifically listed above X Electrical Permit Fees System Fee Schedule Public Swimming Pools and Spas Private Pools and Spas Temporary Service Pole X X X Unit Fee Schedule Receptacle, Switch and Light Outlets Residential Appliances Power Apparatus X X X Photo Voltaic Systems Residential Systems X Commercial Systems X Signs, Outline Lighting and Marquees X Services 600 volts or less and not over 200 amperes in rating 600 volts or less, over 200 amperes to 1000 amperes Over 600volts or over 1000 amperes X X X Miscellaneous For apparatus, conduits, and conductors for which a permit is required but for which no fee is set forth X General Fees Building Moving X Low Recovery Expectations Low to zero recovery is expected for services in this category to maintain open and accessible government processes for the public, encourage environmental sustainability and encourage compliance with regulatory requirements. Example of Low Recovery items: • Planning — The fee for Zoning Maps is set well below full cost recovery as the map assists the public without excessive use of staff time. • Planning — Fees associated with Accessory Dwelling Unit Amnesty Permits are kept at low cost recovery levels to encourage the maintenance of legal accessory dwelling units. Building- The elimination or reduction of building permits for residential solar array installations is consistent with California Government Code Section 65850.5, which calls on local agencies to encourage the installation of solar energy systems by removing obstacles to, and minimizing costs of, permitting for such systems. Building — Unit fees established as for additional fixtures, outlets, appliances, etc. are set at low cost recovery so as not to burden the cost of improvements to existing buildings. Page 10 of 17 City of Burlingame Financial Policy Document User Fee Cost Recovery Medium Recovery Expectations Recovery in the range of 31% to 80% of the costs incurred in the delivery of the service reflects the private benefit that is received while not discouraging compliance with the regulation requirements. • Planning — While the preparation of Zoning Verification/Property Profile provides a benefit to the public by confirming applicable zoning restrictions and indicates any existing zoning inconsistencies or outstanding code violations for a particular property, this service requires a significant amount of staff time. A cost recovery level of 50% is appropriate. • Planning - The fees for applicants who wish to appeal a Staff Decision or for a Burlingame resident or neighbor who wishes to appeal a decision of the Planning Commission is purposefully lower than full cost recovery to allow for accessibility to government processes. Similarly, Ambiguity/Determination Hearings before the Planning Commission are set to recover some of the significant staff time entailed without discouraging rational appeals. • Planning — Application fees for smaller condominium projects (< 50 units) are set at mid -cost recovery levels to encourage the development of such housing projects. • Planning — Design Review fees are largely set at mid cost recovery levels in recognition of the significant public benefit derived from a consistent review of project plans. Minor modifications and amendments are permitted at less than full cost recovery levels as well. • Planning - Administrative permits for fences are set at mid -level to encourage compliance. • Planning — The fee for a Categorical Exemption (Environmental) is set at less than full cost recovery to reduce hardship on small development projects. • Planning — Fees for Reasonable Accommodation applications are kept at mid cost recovery levels to encourage compliance with ADA regulations and general accessibility standards. High Recovery Expectations Cost recovery for most development review services should generally be high. In most instances, the City's cost recovery goal should be 100%. • Planning - Most Development Pre -Application and Application fees, including plan recheck, rezoning, variance and special use fees are set at full/high cost recovery levels, as the cost of these services should be borne mainly by the applicant. • Planning - Most noticing costs associated with Development Applications should be borne by the applicant; these fees are established at a high range of cost recovery. • Building - Building Plan review fees are set at high cost recovery levels as benefits accrue to the applicant only. • Building —The fees established for inspections outside of normal business hour and all re -inspections are costly, and only the applicant receives the benefit of such services; these fees are intended to fully recover the City's costs. Page 11 of 17 City of Burlingame Financial Policy Document User Fee Cost R Public Works Department - Enaineerina Engineering (public improvement plan checks, inspections, subdivision requirements, encroachments) General Categorization of Programs, Services, Activity, and Facilities Low Cost Recovery (0-30%) Mid Cost Recovery (31-80%) High Cost Recovery (81-100%) Encroachment Permits Minor (no excavation involved) Sewer Lateral Test Sewer Lateral Replacement Water Service Connection (with Sidewalk Add No. Fire System Connection (with Sidewalk Add No. 5) Sidewalk/Driveway up to 200 S.F. (includes Curb Sidewalk Closure/ Pedestrian Protection Traffic Control Block Party (includes up to 6 barricades) X X X X X X X X X Parking Permit (temporary encroachment permit) Commercial Areas and Construction Purposes Moving Only Purposes (Residential Area) X X Special Encroachment Permits Subsurface Shoring Systems: • Per 10'-20' deep tieback • Per >20' deep tieback • For permanent space used Permanent structures, such as retaining walls, fences Non -permanent installations, such as tables, chairs, planters X X X X X General Fees Demolition Permit (in addition to any Building Department -issued Demolition or Construction Permit): Includes sewer, water and sidewalk Add fire line Add curb drain Add sidewalk closure Add PG&E Address Change X X X X X X Page 12 of 17 City of Burlingame Financial Policy Document User Fee Cost Recovery Single Trip - Transportation Fee (Fixed rate set Per Caltrans) Leaf Blower Testing Certification Fee Creek Enclosures Abandonment of Public Utility Easement Hauling Permit X X X X X Deposits or Bonds for Encroachment Permit Work Openings in Public Right -of -Way (not in sidewalk or street) Openings in Public Right -of -Way in sidewalk (not in street) Street Roadway Opening (AC Pavement Water Main Modification Sewer Main & Storm Drain Modification X X X X X Subdivision Maps Lot Line Adjustment Lot Combination Subdivision Map Condominium Map X X X X Stormwater Pollution Prevention Construction Permits ** The fees represent the labor cost to inspect and security deposit Type 1 Project: Single family dwellings with 1st or 2nd floor additions on a 10,000 sf lot or smaller Type 2 Project: Multi -family dwellings of commercial additions (excluding tenant improvements) that are on a 10,OOOsf lot or smaller Type 3 Project: Any project 10,000 sf up to an acre lot Type 4 Project: Any project greater than one acre in size X X X X Planning Application Reviews Single Family Dwelling (Addition) Single Family Dwelling (New) Multi -Family Commercial/Industrial Environmental Review Traffic and Parking Studies X X X X X X Grading Permit 1-100 cubic yards 101-1,OOOcubic yards 1,001-10,OOOcubic yards Over 10,000 cubic yards X X X X Page 13 of 17 City of Burlingame Financial Policy Document User Fee Cost Recovery Low Recovery Expectations Low to zero recovery is expected only for services that provide a community -wide benefit. However, the nature of most of the Public Works services provided for a fee are intended to enhance a private property or land use specific to a particular development application. Low cost recovery expectations are generally limited to those services required to maintain the livability of the community. Examples of Low Recovery items: • Encroachment Permits — issued to allow for parking privileges in an area typically controlled by metered parking in residential areas for a temporary period (moving purposes), this permit is set at a low cost recovery level. • Fees associated with Fire system connection or Fire Line access are generally set at low cost recovery levels as these services provide a general public safety benefit. • Truck Route Permits Fees -maximum fee set by State Law. • Planning Application Reviews for Single Family Dwelling (additions or new constructions) are set at a low cost recovery level to encourage compliance without adding undue costs to the project. • Fees for Stormwater Pollution Prevention Construction Permits are set at low cost recovery to ensure compliance for small single family home additions (projects of low impact to Stormwater system). • Single Trip Transportation Fee — this fee is set by Caltrans. Medium Recovery Expectations Recovery in the range of 31% to 80% of the costs incurred in the delivery of the service. Typically both the community and individuals benefit from these services. • Encroachment permit fees to provide barricades for small block parties are established at medium cost recovery to ensure compliance with regulations intended to improve safety for the participants of the community event. • Fees for Creek Enclosures are set at mid -cost recovery to help ensure compliance to regulations that protect land and property in the vicinity of the project area. • Stormwater Pollution Prevention Construction Permits for medium to large projects are set at mid -cost recovery levels to ensure compliance with Stormwater regulations that benefit the entire community. • Planning Application reviews for multi -family or commercial/industrial projects are provided at a fee that will recover some of the City's costs without discouraging development. High Recovery Expectations Recovery in the range of 81% to 100% when user fees charged are sufficient to fully recover costs of providing the service. Individual benefit is foremost and minimal community benefit exists. Most services provided by the Public Works Department fall in this area. • For Encroachment Permits where the public right of way is used or impacted on a temporary or permanent basis for the benefit of the permittee, full cost recovery is appropriate. • Development Permit applications, including construction and demolition permits, subdivision maps, environmental review, traffic and parking studies and grading permits, are for services that benefit only the applicant (with few exceptions), and command higher cost recovery levels. Page 14 of 17 City of Burlingame Financial Policy Document User Fee Cost Recovery Public Safety - Police Services (Police Reports, False Alarms, Parking Permits, Abatements, Emergency Response, Background Investigations) General Categorization of Programs, Services, Activity, and Facilities Low Cost Recovery (0-30%) Mid Cost Recovery (31-80%) High Cost Recovery (81-100%) Vehicle Release X Police Reports Copies X Fingerprint Rolling Fee X Videotapes/CD's/DVD's X Clearance Letter X Repossessed Vehicle X Preferential Parking Permits (Residential Permit Parking Program) Issuance (up to 2 permits for same address) Annual renewal (up to 2 permits for same address) Charge for replacement of lost permit X X X Driving Under Influence (DUI) Fees X Security Service (Outside Detail - minimum charge of four hours) X Alarm Permits X False Alarm Charge 1 to 2 false alarms 3 to 5 false alarms 6 or more false alarms Any false alarm for which no alarm permit has been issued X X X X Live Entertainment Permit X Peddlers and Solicitors X Curb Painting X Tanning Salon Application Sale or Transfer Renewal X X X Massage Operator Application Sale or Transfer Renewal X X X Model/Escort Service Application Sale or Transfer Renewal X X X Page 15 of 17 City of Burlingame Financial Policy Document User Fee Cost Recovery Private Patrol Company Application Renewal X X Taxi Driver Application Renewal X X Taxicab Annual Inspection X Valet Parking X Concealed Weapon X Fortune Teller X Unruly Gathering X Special Events & Street Closing Permit Application Sidewalk Closure Road Closure X X X Verification of non-resident "proof -of -correction" citations X Low Recovery Expectations Low to zero recovery is expected for services in this category as the community generally benefits from the regulation of the activity. The regulation of these activities is intended to enhance or maintain the livability of the community. However, in some instances the maximum fee that can be charged is regulated at the County or State level and therefore the City fee is not determined by City costs (repossessed vehicle, fingerprint rolling fee). • Fingerprint Rolling Fee — Because this activity is required for many of the City -issued permits, the cost of this activity should remain low to the recipient to ensure the proper permits are obtained. • Alarm Permits/False Alarms - primarily residential. Because alarm permits/registration provides updated contact information so that public safety personnel can communicate directly with the property owner, lower cost recovery is appropriate. Property owners with current alarm permits can experience 2 false alarms with no assessment of additional fees. • Clearance Letters and Proof -of -Correction citations are issued at low or no cost to the recipient. These routine services are considered available to all members of the community. • Permits for Private Patrol Company and Taxi Driver services are offered at low cost recovery levels to encourage compliance. • Street and Sidewalk Closures allow for safer community/neighborhood events, and should therefore be provided at low cost recovery levels. • Curb Painting - permits for this low -risk activity should be offered at low cost recovery levels because the service enhances public safety efforts and convenience for the community at large. Medium Recovery Expectation Recovery in the range of 31% to 80% of the costs of providing the service. Both community and individuals benefit from these services. • Alarm Permits/False Alarms - Although prompt alarm response provides a disincentive to Page 16 of 17 City of Burlingame Financial Policy Document User Fee Cost Recovery crime activity, excessive false alarms negatively impact the ability of timely police response to legitimate alarms. • Preferential Parking Permits are provided to allow vehicles to be parked without restriction in the permit area of the vehicle's registered address. The public benefits from having parking available in certain neighborhoods, but because residents are impacted by the lack of parking close to their homes, full cost recovery of these permits is not appropriate. • The use of Security Service Detail services actually complements the City's existing Public Safety efforts by providing extra coverage of non -recurring private events. Full cost recovery would be prohibitive, discouraging use of these available resources, and stressing regular shift coverage. • Peddlers and Solicitors, Fortune Teller — permits are issued for these low -impact, low incident activities to provide a layer of security to the community who may wish to utilize such services. Fees are set at moderate cost recovery levels to increase probability of compliance. • Valet Parking permits are offered below full cost recovery levels as the service provides a level of convenience to the community by providing parking at less crowded locations • Taxicab Annual Inspections are required and offered a medium cost recovery as there is a benefit of having secure taxi/ transportation services available in the community. High Recovery Expectations Recovery in the range of 81% to 100% when user fees charged are sufficient to recover costs of the service provided. Individual benefit is foremost and minimal community benefit exists. Items such as DUI Emergency Response, Vehicle Releases, and Unruly Gathering are punitive in nature and the costs should not be funded by the community. Other services for which 100% of the cost for services is recovered include: • Applications/Sale or Transfer/Renewal of Permits for Tanning Salon, Massage Operators, Model/Escort Services - the fee charged for these required permits are set at high levels of cost recovery as they allow adult -oriented services to be offered by the business at a profit for the benefit of customers. No community benefit is afforded. • Live Entertainment Permits are issued solely for the benefit of the business providing the entertainment, and should not be subsidized by the general public. • Concealed Weapon Permits require intense background checks. Because such permits are issued solely for the benefit of the applicant, a 100% cost recovery is appropriate. Library (Library Cards, Overdue Fines, etc.) - fees are primarily established by the Peninsula Library Service. Certain medias/supplies for purchase may be made available as a service to patrons at the City's cost. Fees for Passport services are set by the US State Department. Administrative Services — City Clerk and Elections, Finance (Copying Charges, Postage, etc.) -fees are primarily set by regulations and are generally high cost recovery or pass-thru charges. Page 17 of 17 BUR— IN�A AGENDA NO: 8e STAFF REPORT MEETING DATE: April 3, 2023 To: Honorable Mayor and City Council Date: April 3, 2023 From: Helen Yu -Scott, Finance Director — (650) 558-7222 Subject: Adoption of a Resolution of Intention to Levy Broadway Area Business Improvement District Assessments for Fiscal Year 2023-24; Setting a Public Hearing for May 1, 2023; and Approving the District's Annual Report for 2022-23 RECOMMENDATION Staff recommends that the City Council: (1) Approve the Broadway Area Business Improvement District Annual Report for Fiscal Year 2022-23; (2) Adopt a Resolution of Intention to Levy Assessments for Fiscal Year 2023-24; and (3) Set a public hearing for Monday, May 1, 2023 at 7:00 p.m. BACKGROUND Pursuant to California Streets and Highways Code Section 36500 et seq., the City Council of the City of Burlingame established the Broadway Area Business Improvement District in 1992 for the purpose of promoting economic revitalization and physical maintenance of said business district. The Broadway Area Business Improvement District (BABID) submitted its annual report to the City on January 17, 2023. A review of its financial activities through December 31, 2022 is included as part of the report. There are no recommended changes in the boundaries, assessments or classifications of businesses within the improvement district for the new fiscal year. The Resolution of Intention to Levy Assessments notifies all businesses within the district of the City Council's intention to levy the assessments and collect the fees for the district. The public hearing associated with these actions gives the businesses an opportunity to voice their opinions, comments, suggestions and concerns directly to the City Council. The recommended date of the hearing is May 1, 2023, at 7:00 p.m. nuRri jSSInN Since the BABID was first established in the 1990s, the Broadway Area Business Improvement District has operated to promote the businesses in the district and provide for the area's physical attractiveness. Each year, the BABID files an annual report of the district's improvements and activities with the City. 1 Broadway Avenue BID April3, 2023 Upon approval of the annual report and subsequent to a public hearing on the matter, the City Council then levies assessments on the businesses in the district for the subsequent fiscal year, and collects the levies with the annual renewal of business licenses. FISCAL IMPACT The proposed assessment for fiscal year 2023-24 is $27,250 and will be collected with the City's annual business license renewal process. The funds are forwarded to the BABID for expenditures as authorized by the board of directors. The City will continue to cover the expenses associated with the renewal of the BABID. These expenses include staff time, postage, and supplies. Exhibits: • Resolution of the City Council of the City of Burlingame Declaring Its Intention to Renew the Broadway Area Business Improvement District, to Establish 2023-24 Assessments for the Broadway Area Business Improvement District, and Approving the District's 2022-23 Annual Report • Broadway Business Improvement District Annual Report • Notice of Proposed Assessments and Public Hearing for the Broadway Area Business Improvement District for 2023-24 2 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME DECLARING ITS INTENTION TO LEVY BROADWAY AREA BUSINESS IMPROVEMENT DISTRICT ASSESSMENTS FOR FISCAL YEAR 2023-24; SETTING A PUBLIC HEARING FOR MAY 1, 2023; AND APPROVING THE DISTRICT'S 2022- 23 ANNUAL REPORT WHEREAS, pursuant to California Streets and Highways Code Section 36500 et seq., the City Council of the City of Burlingame established the Broadway Area Business Improvement District (`RABID") in 1992 for the purpose of promoting economic revitalization and physical maintenance of said business district, and WHEREAS, the BABID Advisory Board has filed its 2022-23 annual report with the City Clerk; and WHEREAS, the BABID has provided important services in enhancing the Broadway business area, its businesses, and properties; and WHEREAS, at the request of the BABID Advisory Board, the City Council desires to set and levy the assessments in connection with the BABID for Fiscal Year 2023-24. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BURLINGAME DOES HEREBY RESOLVE, DETERMINE, AND FIND AS FOLLOWS: 1. The City Council accepts and approves the 2022-23 annual report of the Broadway Area Business Improvement District. 2. The Burlingame City Council intends to levy an assessment for the 2023-24 fiscal year on businesses in the BABID, as the BABID is described in Ordinance No. 1461, to pay for improvements and activities of the BABID. 3. The types of improvements and activities proposed to be funded by the levy of assessments on businesses in the BABID are set forth in Exhibit "A", incorporated herein by reference; these activities and improvements are without change from those previously established for the BABID. 4. The method and basis of levying the assessments on the businesses in the BABID and the amounts of those assessments are set forth in Exhibit "B", incorporated herein by reference; the method, basis and amounts of the BABID assessments will remain the same as those levied in the pre -pandemic years. 1 5. New businesses shall not be exempt from assessment. 6. The annual report of the BABID is on file and available at the Office of the City Clerk at 501 Primrose Road, Burlingame, California, and is available for review during regular business hours, 9 am to 5pm, Monday through Friday. 7. A public hearing on the proposed BABID assessments and programs for 2023-24 is hereby set for May 1, 2023 at 7:00 p.m., before the City Council of the City of Burlingame. The meeting is scheduled to be held in -person at the Council Chambers, located at 501 Primrose Road, Burlingame, CA 94010. The City Clerk shall post various methods of accessing the public hearing. Members of the public may attend the meeting either in -person or by logging into the Zoom meeting through the link published within the meeting agenda on the City's website, or by accessing the meeting by phone. Access information can be found at www.burlin ag me.org. 8. At the public hearing, the City Council will receive testimony and evidence, and interested persons may submit written comments before or at the public hearing, or they may be sent by mail or delivered to the City Clerk, Burlingame City Hall, 501 Primrose Road, Burlingame, CA 94010. 9. At the public hearing, any and all persons may make oral or written protests of this proposed assessment. In order for a person's protest to be counted in the majority protest against the proposed assessments or programs and services for 2023-24, the individual must submit the protest in writing to the City Clerk at or before the close of the public hearing on May 1, 2023. A written protest may be withdrawn in writing at any time before the conclusion of the public hearing. Each written protest shall identify the business and its address, include a description of the business and state the number of employees of the business. If the person signing the protest is not shown on the official records of the City of Burlingame as the owner of the business, then the protest shall contain or be accompanied by written evidence that the person is the owner of the business. Any written protest as to the regularity or sufficiency of the proceeding shall be in writing and clearly state the irregularity or defect to which objection is made. 10. At the conclusion of the public hearing, if the City Council determines that there are of record written protests by the owners of businesses within the BABID which will pay fifty percent (50%) or more of the total assessments of the entire BABID, as to the proposed assessments for 2023-24, the City Council shall not levy any assessment for 2023-24. At the conclusion of the public hearing, if the City Council determines that there are of record written protests by the owners of businesses within the BABID which will pay fifty percent (50%) or more of the total assessments of the entire District only as to a particular improvement or activity proposed, then that particular improvement or activity shall not be included in the District for the 2023-24 fiscal year. 11. Further information regarding the proposed assessments and the procedures for filing a written protest, may be obtained from the City Clerk, Burlingame City Hall, 501 Primrose Road, Burlingame, California, 650-558-7203. 2 12. The City Council directs the City Clerk to provide notice of the May 1, 2023 public hearing by publishing notice as well as this Resolution in a newspaper of general circulation in the City of Burlingame in accordance with the requirements of the Government and Streets & Highways Codes and mailing them in accordance with those requirements as applicable. Michael Brownrigg, Mayor I, Meaghan Hassel -Shearer, City Clerk of the City of Burlingame do hereby certify that the foregoing Resolution was introduced at a regular meeting of the City Council on the 3rd day of April, 2023, and was adopted thereafter by the following vote: AYES: Councilmembers: NOES: Councilmembers: ABSENT: Councilmembers: Meaghan Hassel -Shearer, City Clerk EXHIBIT A TYPES OF IMPROVEMENTS AND ACTIVITIES PROPOSED TO BE FUNDED BY THE LEVY OF ASSESSMENTS 1) Streetscape Beautification, Seasonal Decorations, and Public Arts Programs a. Seasonal street plantings of flowers. b. Seasonal flags and banners. C. Sidewalk enhancement and maintenance. 2) Business Recruitment and Retention a. Matching funds for storefront improvement incentive b. Develop strategy to fill commercial vacancies. C. Small business assistance workshops. 3) Commercial Marketing, Public Relations, and Advertising a. Organize special events throughout the year. 4) Shuttle a. Establish a people mover system between the area and the hotel district, to be funded on a cooperative cost sharing basis. 2 EXHIBIT B BROADWAY AREA BUSINESS IMPROVEMENT DISTRICT ASSESSMENT BASIS* BUSINESS TYPE RETAIL & RESTAURANT SERVICE PROFESSIONAL FINANCIAL NO. OF STAFF ** ANNUAL ASSESSMENT 4+ ----------------i----------------------- $450 1-3 $300 3+ ---------------- $250 ----------------------- 1 - 2 $150 3+ ----------------- $200 1 - 2 i----------------------- $150 NA $500 * ----- Amount shown is annual total ** --- Staff means any persons working (full time or full time equivalency) including owners, partners, managers, employees, family members, etc. Business Definitions (Burlingame Municipal Code § 6.52.010): Retail ❑ Businesses that buy and resell goods. Examples are clothing stores, shoe stores, office supplies, etc. Restaurant ❑ Selling prepared food and drink. Service ❑ Businesses that sell services. Examples are beauty and barber shops, repair shops that do not sell goods, contractors, auto shops, etc. Professional ❑ Includes engineering firms, architects, attorneys, dentists, optometrists, physicians, realtors, insurance offices, etc. Financial ❑ Banks, savings and loans, household finance companies, etc. 5 BROADWAY BUSINESS IMPROVEMENT DISTRICT (BBID) 650-722-3863 January 17, 2023 chris@pot-pourri.com City Manager 1169 Broadway City of Burlingame Burlingame, CA Burlingame, CA 94010 RE: BBID 2022 Annual Report and 2023 Budget Dear City Manager: Profit and Loss Report as of December 31, 2022: Income Received: Interest Income $ 6.18 BBID Assessment Collected $ 0.00 Sponsorship $ 1250.00 TOTAL INCOME RECEIVED: $ 1256.18 Expenditures: Advertising $ 685.96 Maintenance $ 7771.53 Promotions $ 3411.37 Insurance $ 661.00 Utilities $ 277.13 Website $ 748.50 TOTAL EXPENDITURES: $ 13555.49 Net Income: $ -12299.31 Saving Account - Wells Fargo Bank $ 15510.86 Checkin Account - Wells Fargo Bank $ 5890.47 TOTAL: $ 21401.33 ••- • 1 • im. • 1_ A) Advertising & BBID Events 50% B) Streetscape Beautification 40% C) Website Design and Maintenance 10% If you have any questions, please contact John Kevranian, Broadway BID President, at Nuts for Candy 650-343-8758. Sincerely, Christopher Diez Treasurer, BBID NOTICE OF PUBLIC HEARING TO CONSIDER PROPOSED ASSESSMENTS FOR THE BROADWAY AREA BUSINESS IMPROVEMENT DISTRICT FOR FISCAL YEAR 2023-24 AND TO DETERMINE WHETHER A MAJORITY PROTEST HAS BEEN MADE PLEASE TAKE NOTICE that on May 1, 2023, at 7:00 p.m., The City Council of the City of Burlingame will conduct a public hearing to consider the following: 1. The adoption of a Resolution imposing proposed assessments on businesses in the Broadway Area Business Improvement District for the 2023-24 fiscal year, the amounts of those assessments, the types of improvements and activities proposed to be funded by the assessments, and the method and basis of levying the assessments. 2. Any and all written protests against said assessments. 3. Whether there are written protests to the proposed assessments by the owners of businesses within the Broadway Area Business Improvement District which will pay fifty percent (50%) or more of the total assessments of the entire District. 4. Whether there are written protests to a particular District improvement or activity by the owners of businesses within the Broadway Area Business Improvement District which will pay fifty percent (50%) or more of the total assessments of the entire District. The proposed basis for the 2023-2024 assessment is the same as that used for the prior fiscal year. The purposes, programs and activities to be supported by the proposed assessments are described in the Resolution of Intention, a copy of which is available for review at the City Clerk's Office, 501 Primrose Road, Burlingame California. The public hearing on the proposed Broadway Area Business Improvement District programs and the assessments for the 2023-24 fiscal year is set for May 1, 2023 at 7:00 p.m., before the City Council of the City of Burlingame. Members of the public may attend the meeting either in - person or by logging into the Zoom meeting through the link published within the meeting agenda on the City's website, or by accessing the meeting by phone. Access information can be found at www.burlin ag me.org. At that time, the Council will hear from any interested person who wishes to submit written or oral testimony regarding the proposed assessments. Oral or written protests may be made before or at that public hearing, but no later than the close of the public hearing. See the Resolution of Intention for information on how protests are made and what effect protests have. Further information regarding the proposed assessments may be obtained from the City Clerk at City Hall, 501 Primrose Road, Burlingame, California 94010 (650-558-7203). Written comments and/or written protests may be directed to the City Council, Burlingame City Hall, 501 Primrose Road, Burlingame, CA 94010. BUR— N�An�� AGENDA NO: 10a 1... STAFF REPORT MEETING DATE: April 3, 2023 To: Honorable Mayor and City Council Date: April 3, 2023 From: Bradley McCulley, City Librarian — (650) 558-7401 Subject: Adoption of a Resolution Approving the Installation of a Public Art Sculpture and Authorizing the City Manager to Enter Into an Art Donation Acceatance Aareement RECOMMENDATION Staff recommends that the City Council adopt the resolution approving the installation of a public art sculpture donated by the estate of the late local sculptor, Ray Lorenzato, and further authorize the City Manager to execute the Art Donation Acceptance Agreement. BACKGROUND In February 2023, the Lorenzato Family Estate approached the City Librarian regarding acceptance of a marble sculpture as a donation. The family lived in San Mateo but "felt like Burlingame Public was their `home library" and wanted to give something back to the place where they spent many hours of their childhood." The sculpture donation was reviewed, and the desires of the family were discussed. At the February Library Board of Trustees meeting, the Trustees unanimously approved the recommendation to accept the donation as a potential addition to the Library's growing art collection. DISCUSSION Ray Lorenzato was a sculptor, teacher, mentor, and avid advocate for the arts for more than 50 years. After he obtained a Bachelor of Arts degree from Humboldt State College, he went on to earn a Master of Fine Arts from the California College of Arts and Crafts in Oakland in 1953. For more than 30 years, Mr. Lorenzato taught drawing, painting, three-dimensional design, and sculpture at high school and college levels. During his lifetime, his work was featured in exhibitions at many prestigious Bay Area institutions, such as the Legion of Honor and De Young Museum in San Francisco, the Oakland Museum, and the Richmond Museum of Art. His sculptures can be found in collections in England, Italy, and the United States. The sculpture was created in 1983 in Pietrasanta, Italy before being transported back to the United States. It is titled "Offering Site" and is made of Carrara Bardiglio marble. It measures 26" x 39" x 20," and weighs approximately .75 ton. 1 Art Donation April3, 2023 The proposed location of this sculpture is the Primrose side of the Library, between the sidewalk and the wooden fence, just south of the bike racks. Parks Supervisor Barron has been consulted regarding this location and will assist in placement if necessary. Per policy, public notice regarding the sculpture was placed March 1, 2023, for 30 days, with no comments or concerns from the public. Acceptance of the donation will require construction of a sculpture base for safety purposes. FISCAL IMPACT A fabricated base attached to the sculpture, a special epoxy coating application to protect the marble from staining in the elements, and transportation are all costs that will be funded by the Library Board of Trustees and will not impact the City's General Fund. Exhibits: • Resolution • "Offering Site" Sculpture Photograph • Sculpture Appraisal • February Trustee Meeting Minutes • Donation Acceptance Agreement 2 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME APPROVING AND AUTHORIZING THE CITY MANAGER TO ENTER INTO A DONATION AGREEMENT BETWEEN THE CITY OF BURLINGAME AND THE LORENZATO FAMILY ESTATE FOR THE DONATION AND DISPLAY OF THE MARBLE SCULPTURE "OFFERING SITE" WHEREAS, the City Council of the City of Burlingame has determined that art in City -owned public places provides an aesthetic enhancement to the quality of the public space to the beneficial enjoyment of the community; and WHEREAS, the Lorenzato Family Estate has graciously offered to donate to the City a marble sculpture by the late artist Ray Lorenzato; and WHEREAS, the artist lived and taught locally, and he and his family had a positive connection to the Burlingame Library; and WHEREAS, on February 23, 2023, the Library Board of Trustees recommended the City Council accept donation of the artwork; and WHEREAS, the City Librarian now recommends this sculpture be accepted by the City Council for display at the Burlingame Public Library. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BURLINGAME RESOLVES AS FOLLOWS: 1. The City Council hereby accepts the donation of the marble sculpture "Offering Site" from the Lorenzato Family Estate 2. The City Council authorizes the City Manager to enter into a Donation Agreement between the City of Burlingame and the Lorenzato Family Estate. Michael Brownrigg, 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 31 day of April, 2023, and was adopted thereafter by the following vote: AYES: Councilmembers: NOES: Councilmembers: ABSENT: Councilmembers: Meaghan Hassel -Shearer, City Clerk Ray L orenza to Sculpture Offering Site, 1983. 25.5" x 38.2S" x 20" Carrara hardiglio, Marble, % ton Burlingame Library Board of Trustee Minutes February 21, 2023 I. Trustees Present: Kris Cannon, Danielle Garcia, Mark Lucchesi, Mike Nagler, Elisabeth Ostrow Staff Present: Brad McCulley, City Librarian Geralyn O'Brien, Circulation Supervisor Sidney Poland, Recorder II. Library Board of Trustee Minutes The Trustees unanimously approved the January 17, 2023 Board of Trustee Minutes. M/S/C (Nagler/Ostrow). III. Correspondence and Information The Trustees reviewed the monthly statistics for Adult, Children's and Teen Programs and noted that attendance continues to increase. IV. Public Comments — There were not any members of the public who attended the meeting. V. Reports A. City Librarian's Report — Highlights • The Benny Bufano Owl now resides just inside the front door of the library. The Foundation funded the conservation process which restored the bronze that had deteriorated from being exposed to the elements at its former site. B. Foundation Report • The Foundation's April book sale will be held April 20th through April 23rd. The Foundation is planning an event in May. Details to follow. C. Presentation by Geralyn O'Brien, Circulation Manager Geralyn, gave an overview of the main duties of the Circulation staff and emphasized that the Circulation staff play a key role in interacting and serving library patrons. • Monthly statistics for the Main and Easton average 28,000 patrons. • Staff is composed of 3 full time employees and 14 casual (hourly) non -benefited employees. • Our library subscribes to Data Axel which is a data base that gives us the ability to contact new residents by sending out a post card with a QR code to an online library card application. VI. Old Business A. Duncan Trust 1. Gifting Law — At the request of the Trustees, Brad, the City Librarian, included an article entitled "The Gift That Keeps Giving: Gift of Public Funds" which stated that the California Constitution does not permit public agencies such as public schools, and community colleges to make a gift from public funds. The article gives examples of what would be considered "a gift of public funds". 2. PLS Equipment End of Life — The Trustees reviewed a spread sheet which itemizes purchased equipment and tracks such categories for its years of service, repairs, end of life, and replacements cost. 3. $30K Request for Collection — Brad, the City Librarian, provided the Trustees with a 3 year summary of the donations the Trustees supported to benefit the library from calendar years 2006-2008. • Categories included Library Collections, Staff Support, Programs and Services, and Facilities. • Brad, the City Librarian, and the Trustees discussed the best way to use funds from the Duncan Trust to financially support the needs of the library and that would be acceptable to the City Council. • Brad, the City Librarian, also mentioned that the managers would possibly have ideas of how the Trustees could best spend a portion of these funds for the benefit of the library and its staff. • The outcome of the discussion was that Brad, the City Librarian, would prepare a staff report requesting approval from the City Council to permit the Trustees to use funds from the Duncan Trust in the amount of $5,000 to donate to future library needs and projects. • The same categories listed in the above mentioned 3 year summary would function as a guide line to these donations. 4. Historical Trustee Record Trustee Ostrow suggested that the Trustees begin to put together a historical record of their most significant actions. List of Trustees should be updated every year. The Trustees requested that this item be placed on the March agenda. B. Meet and Greet Dates for 2023 Trustee Ostrow reported on the status of the Meet and Greet events. Meet and Greet events for the remainder of 2023 will be held in March, June and September. • March 17th will be the next time for Trustees and staff to get together. Trustee Garcia and Cannon will host the breakfast event. Brad, the City Librarian, will send out an invitation to staff. • Trustee Cannon proposed a budget of $1,500 for Meet and Greet 2023 events to be noted on the March agenda. VII. New Business A. Art in the Library 1. Ralph Lorenzato Sculpture Donation — The Trustees passed a motion to accept the gift of a Ralph Lorenzato sculpture and possibly a second sculpture to be placed in the landscaped area outside the Children's Department. M/S/C Ostrow/Nagler 2. Mural Acknowledgement — In a plaque placed below the mural is a statement created by the Equity Committee expressing the views held by the library staff and the Library Trustees emphasizing that the library is a "safe and welcoming space for all" 3. Barbara Berk — Barbara Berk, formerly of the Peninsula Art Museum has created a hanging sculpture made out of bronze ribbon, hopefully to be hung in the stairwell when the proper lighting for this area has been completed. B. "Day in the District" Day in the district is sponsored every year by the California Library Association. Brad, the City Librarian, encouraged the Trustees to attend one of the sessions with a representative to discuss funding issues, as well as any issue specific to the Burlingame Library. Congressperson Kevin Mullin, Congressperson Diane Papan and State Senator Josh Harder will be conducting the sessions this year. VIII. Future Agenda Items A. Approval of $1,500 for the yearly budget of Meet and Greet. B. Create historical record of Board of Trustees' important actions. XI. Announcements Photos of Trustees reading their favorite book will be taken and displayed on the wall across from the bathroom. X. Adjournment The meeting was adjourned at 7:OOPM. M/S/C/ (Nagler/Ostrow) ART DONATION FOR DISPLAY IN PUBLIC PLACE ACCEPTANCE AGREEMENT This Art Donation for Display in Public Place Acceptance Agreement ("Agreement") is entered into this day , 2023, by and between the City of Burlingame, a municipal corporation (hereinafter the "City"), and The Lorenzato Family Trust of 1999 (hereinafter the "Donor"). RECITALS Whereas, the City Council for the City of Burlingame has determined that art in City -owned public places provides an aesthetic enhancement to the quality of the place to the beneficial enjoyment of the community; and Whereas, the Donor has submitted a proposal to donate to the City the following piece of art ("Offering Site") by the late Sculptor Ray Lorenzato, as depicted or described in the Staff Report exhibit. Exhibit A, attached hereto and incorporated herein; and Whereas, on February 21st, 2023 the Library Board of Trustees approved the Donor and Artist's Artwork and proposal for donation and recommended it to the City Council; and Whereas, on April 3rd, 2023, the City Council accepted the donation of the Artwork based on the terms and conditions set forth in this Agreement. NOW, THEREFORE, the Parties agree as follows: 1. Incorporation of Recitals. The above Recitals are fully incorporated into this Agreement and are an integral part thereof. 2. Donation and Acceptance. The Donor hereby conveys by donation the Artwork, and its legal title, to the City, and the City hereby accepts the donation of the Artwork under and in consideration of the terms, qualifications, and conditions as set forth in this Agreement. The Artist and the Donor certify that the Artwork is a unique work of art created by the Artist and is not subject to third party claims of royalties, or copyright or trademark infringement, and the City relies on such certification in accepting the Artwork. The Donor intends by this donation to permanently relinquish all legal claim of right to title, royalties, copyright, or trademark of the Artwork, except as provided in Paragraph 4, herein. 3. Credit. On any City reproduction of the Artwork, Artist shall always be recognized as the artist and the donation by Donor. The dates of the Artwork and donation shall be 1983 / 2023. 4. Removal. The City retains the right to permanently remove the Artwork from public display for any reason, in the sole discretion of the City, including, but not limited to: hazards to public health, safety or welfare; unsightly or deteriorated conditions of the artwork; or the need to access, repair and maintain public facilities. It is the donors wish that the City of Burlingame commit to display the sculpture in place for minimum ten years. After ten years, should the art piece be sold, the donors ask that 30% of the sale price be given to the Lorenzato estate heirs. 5. Donor's Option. The Donor shall have the option of reacquiring title and possession of the Artwork upon permanent removal of the Artwork by the City as follows: Prior to permanent removal of the Artwork, the City shall provide notice to the Donor addressed and delivered in accordance with Section 6 of this Agreement. Should the Donor choose to exercise its option to reacquire the Artwork, the Donor shall remove the Artwork at the Donor's own expense within 60 days of notification from the City. Legal title to the Artwork shall be deemed conveyed to the Donor at the time of removal. Failure by Donor to either respond to the City's notification or to remove the Artwork within the specified 60-day period shall be deemed a waiver by the Donor of the Donor's option to reacquire title and possession of the Artwork upon its permanent removal, and the City may thereafter use the Artwork for any purpose, including without limitation, dismantling, disposal, salvaging or sale. 6. Construction and Installation Requirements. a. The City shall be solely responsible for all labor and materials costs associated with building, transporting, installing, and maintaining the Artwork. b. Prior to transporting the Artwork from the donors estate location the City of Burlingame will have it appraised. c. The City shall assist with installation of the Artwork as follows at City's sole cost: Installing sculpture and any securing mechanisms to make it safe seismically for the public. Supervision of installation. d. The risk of loss and damage during construction and installation shall be borne solely by the City. e. The City will maintain the Artwork outdoors and in full public view located at the Main Library for as long as the Artwork is in the City's possession. 7. Notice. Notice when required herein, shall be deemed properly given and complete when provided by personal delivery; or upon five (5) days after mailing U.S. first class mail, postage prepaid; or upon one (1) day after delivery by overnight courier, to the following addresses, or to any other updated address which may have been provided in writing from one party to the other: If to Donor: Lorenzato Family Trust of 1999 c/o Stefan Lorenzato 1101 Kent Drive Davis, CA 95616 If to City: City Managers Office City of Burlingame 501 Primrose Rd. Burlingame, CA 94010 Each Party bears shall ensure that the other Party is properly notified in writing of any revisions or updates to these addresses. 8. Indemnification. The Donor agrees to indemnify, defend and hold harmless the City of Burlingame, and its officers, employees, agents, assigns through legal counsel reasonably acceptable to the City, from and against any and all claims, losses, demands and expenses, including but not limited to, attorney's fees and cost of litigation, on account of bodily injury, including death, or property damage arising out of or in any way connected to construction, installation and maintenance of the Artwork, if any, as required under this Agreement. The Parties hereto have executed this Agreement to have effect as of the day and year first written above. Lorenzato Family Trust of 1999 By: Stefan Lorenzato City of Burlingame, a municipal corporation By: Lisa K. Goldman, City Manager Exhibit A: Ray Lorenzato Sculpture Offering Site, 1983. 25.5" x HIS" x 20" Carrara bardiglio, Marble, % ton BURS— INGAME AGENDA NO: 10b STAFF REPORT MEETING DATE: April 3, 2023 To: Honorable Mayor and City Council Date: April 3, 2023 From: Kevin Gardiner, Community Development Director — (650) 558-7253 Subject: Adoption of a Resolution Approving a Professional Services Agreement with SWA Group in the Amount of $617,150 for Construction Documentation and Bid Phase Services for a Town Square Project on City Parking Lot E, City Project No. 86120, and Authorizing the City Manager to Execute the Agreement; Transferring $800,000 From the General Fund Reserve to the Capital Project Fund; and Appropriating $800,000 in the Capital Project Fund for the Agreement and Related Activities RECOMMENDATION Staff recommends that the City Council adopt the attached resolution approving a professional services agreement with SWA Group landscape architects in the amount of $617,150 for Construction Documentation (CD) and Bidding services for the town square project on City Parking Lot E in Downtown Burlingame, City Project No. 86120, and authorizing the City Manager to execute the agreement. BACKGROUND Over the past three years, the City has been pursuing the design and development of a town square/community open space on the City -owned Parking Lot E. Parking Lot E is located between Park Road and Lorton Avenue, adjacent to the former Post Office property (see Location Map on page 2 of the staff report). A "signature open space" was a key element of the Downtown Specific Plan, envisioned to be in the heart of Downtown in the vicinity of the former Post Office. While creating the signature open space/town square has continued to be a goal over the years since, the opportunity to pursue the project came to the forefront with the proposal for the adaptive reuse and development of the former Post Office. The project is in the core of Burlingame's Downtown and presents a rare opportunity to create a focal point for the area. The plaza is intended to be "Burlingame's Living Room," providing a public gathering space in an inviting environment. The square will include areas for both active and passive enjoyment, with the goal to ensure that the space is properly suited for downtown events and gatherings. In January 2020, subsequent to a competitive Request for Proposals (RFP) process, the City Council approved a professional services agreement with the urban design firm Urban Field Studio to work with the community to develop conceptual design options for a town square on 1 Downtown Town Square Construction Documents April 3, 2023 Parking Lot E. The Urban Field team (including SWA landscape architects) engaged in outreach and input from the public, and development of design concepts for the square. In addition to coordinating with the proposed development of the Post Office site, the study considered the relationship of the town square to the adjacent buildings facing (and backing onto) Lot E. Mayor Brownrigg and Vie Mayor Councilmember Colson have served as the City Council subcommittee for the project, advising and guiding the design team. LOCATION MAP PARKING LOT E & 220 PARK ROAD The design concept for the town square includes a grove of trees on the Lorton Avenue side of the square, arranged in a formal orthogonal layout. One of the rows extends to Park Road to tie into the Park Road side of the square. Elements include a series of terraces at the edge of the former Post Office building, outdoor seating along the rear of the Burlingame Avenue buildings, a green wall to screen the parking behind 238 Park Road, and a distinctive "water wall" oriented to the grove. A public restroom and an equipment storage room will be built into the water wall structure. Plans and renderings from the most recent design phase can be found at www.burlingame.org/townsguare. DISCUSSION Construction projects typically involve a series of design phases, with each phase bringing more detail to the design and ultimately producing documents that are used to obtain construction bids and build the project. Atypical project includes four design phases: 2 Downtown Town Square Construction Documents April 3, 2023 1. Conceptual Design 2. Schematic Design (SD) 3. Design Development (DD) 4. Construction Documents (CD) On September 7, 2021 the City Council authorized the City Manager to execute a Professional Services Agreement with SWA Group for Schematic Development services. On August 15, 2022, the City Council authorized the City Manager to execute a Professional Services Agreement with SWA Group for Design Development services. Those services have been completed, with consultation from Vice Mayor Brownrigg and Councilmember Colson. This brings the project to the next phase, Construction Documents. Staff recommends that SWA be enlisted for the Construction Documents phase. The SWA scope of services includes Construction Documentation for the following items: 1. Finish grading and surface drainage of pedestrian pavements and planting areas. 2. Pedestrian pavements. 3. Site furniture including fixed and moveable seating, outdoor games elements, bike racks, trash receptacles and drinking fountains. 4. Landscape walls, fences, steps and railings, decks and platforms, if any, not a part of surrounding buildings. 5. Planting. 6. Irrigation downstream from mainline point -of -connection. 7. Strategy for integrating public art. 8. Use Scenarios for Town Square Events including Markets and Festivals. 9. Freestanding Building for Water Feature, Public Restrooms, Storage & Equipment. Architectural, waterproofing, and supporting building engineering services. 10. Ornamental Water Feature. 11. Site Lighting. 12. Civil Engineering. 13. Cost Estimating. The Scope of Work will also include coordination in the Bid Phase, where bids for construction are solicited and reviewed for building the project. This includes attendance at a pre -bid meeting, responding to bid Requests for Information (RFIs), preparing the bid agenda, and preparing a Conform Set incorporating the bid agenda. The proposal from SWA also includes tasks and proposed costs associated with the administration of the project construction (Construction Administration). This was at the request of staff, which wanted to understand and plan for the full extent of professional services needed through the duration of the project. However, the funding for the Construction Administration phase is not being requested at this time. The Construction Administration scope of work will be reviewed and funds requested at a later date once construction bids are received. 3 Downtown Town Square Construction Documents April 3, 2023 FISCAL IMPACT The estimated professional services included in the proposal are: CDs Bid Phase Landscape Architecture and Project Management $ 268,000 $ 19,000 Architecture, Structural & MEP $ 113,300 $ 9,500 Water Feature Consulting $ 20,500 $ 5,000 Site Lighting Design $ 24,750 $ 3,500 Civil Engineering $ 112,500 $ 3,500 Cost Estimating $ 12,600 $ 19,000 Totals Fees by Phase $ 551,650 $ 40,500 Reimbursable Expenses not to exceed $25,000 Total Fees + Reimbursable Expenses CDs and Bid Phases $617,150 Staff requests a transfer of $800,000 from the General Fund Reserve to the City's Capital Project Fund to fund the completion of construction and bid documents for development of the Town Square. This funding is in addition to $750,000 in federal earmark funds allocated to the City last year, and $1.OM from the State pursuant to the FY 2022-23 California Budget Bill (Chapter 249, Statutes of 2022, AB 179), Section 19.56. Furthermore, the developer of the 220 Park Road mixed use project (former post office) has submitted $2.OM per the terms of the Development Agreement with the City. Construction of the Town Square is scheduled for FY 2024-25, at which time construction funding will be evaluated. Exhibits: • Resolution (proposed) • Professional Services Agreement (proposed) • SWA Construction Documents and Bid Phase Proposal 11 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME APPROVING A PROFESSIONAL SERVICES AGREEMENT WITH SWA GROUP IN THE AMOUNT OF $617,150 FOR CONSTRUCTION DOCUMENTATION AND BID PHASE SERVICES FOR A TOWN SQUARE PROJECT ON CITY PARKING LOT E, CITY PROJECT NO. 86120, AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT; TRANSFERRING $800,000 FROM THE GENERAL FUND RESERVE TO THE CAPITAL PROJECT FUND; AND APPROPRIATING $800,000 IN THE CAPITAL PROJECT FUND FOR THE AGREEMENT AND RELATED ACTIVITIES WHEREAS, the City circulated a Request for Proposals (RFP) to five urban design and landscape design firms to peer review the proposed design concept for a public plaza that was anticipated to be part of the development project that included Parking Lot E and the former Post Office site at 220 Park Road; and WHEREAS, the City received two proposals, and, following interviews, selected Urban Field Studio (with subconsultant SWA Group) for the plaza work; and WHEREAS, on January 6, 2020, the City Council authorized and directed the City Manager to enter into a Professional Services Agreement with Urban Field Studio for conceptual design options for a public plaza on City Parking Lot E and coordination with the development at 220 Park Road (former Post Office Site); and WHEREAS, the Urban Field team (including SWA) engaged in outreach and input from the public, and development of design concepts for the square; and WHEREAS, the next steps in the implementation of the town square are to develop schematic design and design development documents that can lead to construction documents; and WHEREAS, on September 7, 2021, the City Council authorized and directed the City Manager to enter into a Professional Services Agreement with SWA Group for schematic design and civil engineering services consistent with the preferred concept design plan, in the amount not to exceed $104,900; and WHEREAS, on August 15, 2022, the City Council authorized and directed the City Manager to enter into a Professional Services Agreement with SWA Group for design development and civil engineering services consistent with the preferred concept and schematic design plans, in the amount not to exceed $266,000; and 1 WHEREAS, the City requested a proposal from SWA to provide construction document and bid phase services as the next phase of the project design and construction, consistent with the preferred concept design plan, and an agreement has been prepared to incorporate this scope of work prepared by SWA in the amount not to exceed $671,150; and WHEREAS, the City requested a proposal from SWA to provide an estimate for construction administration services for informational and planning purposes, but will contract for those services at a later date. NOW, THEREFORE, BE IT RESOLVED AND ORDERED: 1. The City Manager is authorized and directed to negotiate and enter into a Professional Services Agreement with SWA Group, in the form attached hereto as Exhibit A, for construction documentation and bid phase services for a town square on City Parking Lot E. 2. The City Clerk is directed to attest to the signature of the City Manager upon execution of the Professional Services Agreement. Michael Brownrigg, 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 3rd day of April, 2023, and was adopted thereafter by the following vote: AYES: Councilmembers: NOES: Councilmembers: ABSENT: Councilmembers: Meaghan Hassel -Shearer, City Clerk 2 AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN THE CITY OF BURLINGAME AND SWA GROUP FOR CONSTRUCTION DOCUMENTATION AND BID PHASE SERVICES FOR THE TOWN SQUARE PROJECT IN THE AMOUNT OF $617,150.00 THIS AGREEMENT is by and between SWA Group ("Consultant") and the City of Burlingame, a public body of the State of California ("City"). Consultant and City agree: 1. Services. Consultant shall provide construction documentation and bidding services for a town square on City Parking Lot E, as further set forth in Exhibit A, attached hereto and incorporated herein. 2. Compensation. Notwithstanding the expenditure by Consultant of time and materials in excess of said Maximum compensation amount, Consultant agrees to perform all of the Scope of Services for the Construction Documentation and Bid Phases (but excluding Construction Administration) herein required of Consultant for $617,150.00, including all materials and other reimbursable amounts ("Maximum Compensation"), for construction documentation and bidding services for a town square and its context on City owned Parking Lot E, Burlingame. Consultant shall submit invoices on a monthly basis. All bills submitted by Consultant shall contain sufficient information to determine whether the amount deemed due and payable is accurate. Bills shall include a brief description of services performed, the date services were performed, a brief description of any costs incurred and the Consultant's signature. 3. Term. This Agreement commences on full execution hereof and terminates on December 31, 2024, unless otherwise extended or terminated pursuant to the provisions hereof. Consultant agrees to diligently prosecute the services to be provided under this Agreement to completion and in accordance with any schedules specified herein. In the performance of this Agreement, time is of the essence. Time extensions for delays beyond the Consultant's control, other than delays caused by the City, shall be requested in writing to the City's Contract Administrator prior to the expiration of the specified completion date. 4. Assignment and Subcontracting. A substantial inducement to City for entering into this Agreement is the professional reputation and competence of Consultant. Neither this Agreement nor any interest herein may be assigned or subcontracted by Consultant without the prior written approval of City. It is expressly understood and agreed by both parties that Consultant is an independent contractor and not an employee of the City. 5. Insurance. Consultant, at its own cost and expense, shall carry, maintain for the duration of the Agreement, and provide proof thereof, acceptable to the City, the insurance coverages specified in Exhibit B, "City Insurance Requirements," attached hereto and incorporated herein by reference. Consultant shall demonstrate proof of required insurance coverage prior to the commencement of services required under this Agreement, by delivery of Certificates of Insurance to City. 6. Indemnification. Consultant shall indemnify, defend, and hold City, its directors, officers, employees, agents, and volunteers harmless from and against any and all liability, claims, suits, actions, damages, and causes of action arising out of, pertaining or relating to the negligence, recklessness or willful misconduct of Consultant, its employees, subcontractors, or agents, or on account of the performance or character of the Services, except for any such claim arising out of the sole negligence or willful misconduct of the City, its officers, employees, agents, or volunteers. It is understood that the duty of Consultant to indemnify and hold harmless includes the duty to defend as set forth in section 2778 of the California Civil Code. Notwithstanding the foregoing, for any design professional services, the duty to defend and indemnify City shall be limited to that allowed pursuant to California Civil Code section 2782.8. Acceptance of insurance certificates and endorsements required under this Agreement does not relieve Consultant from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply whether or not such insurance policies shall have been determined to be applicable to any of such damages or claims for damages. 7. Termination and Abandonment. This Agreement may be cancelled at any time by City for its convenience upon written notice to Consultant. In the event of such termination, Consultant shall be entitled to pro -rated compensation for authorized Services performed prior to the effective date of termination provided however that City may condition payment of such compensation upon Consultant's delivery to City of any or all materials described herein. In the event the Consultant ceases performing services under this Agreement or otherwise abandons the project prior to completing all of the Services described in this Agreement, Consultant shall, without delay, deliver to City all materials and records prepared or obtained in the performance of this Agreement. Consultant shall be paid for the reasonable value of the authorized Services performed up to the time of Consultant's cessation or abandonment, less a deduction for any damages or additional expenses which City incurs as a result of such cessation or abandonment. 8. Ownership of Materials. All documents, materials, and records of a finished nature, including but not limited to final plans, specifications, video or audio tapes, photographs, computer data, software, reports, maps, electronic files and films, and any final revisions, prepared or obtained in the performance of this Agreement, shall be delivered to and become the property of City. All documents and materials of a preliminary nature, including but not limited to notes, sketches, preliminary plans, computations and other data, and any other material referenced in this Section, prepared or obtained in the performance of this Agreement, shall be made available, upon request, to City at no additional charge and without restriction or limitation on their use. Upon City's request, Consultant shall execute appropriate documents to assign to the City the copyright or trademark to work created pursuant to this Agreement. Consultant shall return all City property in Consultant's control or possession immediately upon termination. 9. Compliance with Laws. In the performance of this Agreement, Consultant shall abide by and conform to any and all applicable laws of the United States and the State of California, and all ordinances, regulations, and policies of the City. Consultant warrants that all work done under this Agreement will be in compliance with all applicable safety rules, laws, statutes, and practices, including but not limited to Cal/OSHA regulations. If a license or registration of any kind is required of Consultant, its employees, agents, or subcontractors by law, Consultant warrants that such license has been obtained, is valid and in good standing, and Consultant shall keep it in effect at all times during the term of this Agreement, and that any applicable bond shall be posted in accordance with all applicable laws and regulations. 10. Conflict of Interest. Consultant warrants and covenants that Consultant presently has no interest in, nor shall any interest be hereinafter acquired in, any matter which will render the services required under the provisions of this Agreement a violation of any applicable state, 2 local, or federal law. In the event that any conflict of interest should nevertheless hereinafter arise, Consultant shall promptly notify City of the existence of such conflict of interest so that the City may determine whether to terminate this Agreement. Consultant further warrants its compliance with the Political Reform Act (Government Code § 81000 et seq.) respecting this Agreement. 11. Whole Agreement and Amendments. This Agreement constitutes the entire understanding and Agreement of the parties and integrates all of the terms and conditions mentioned herein or incidental hereto and supersedes all negotiations or any previous written or oral Agreements between the parties with respect to all or any part of the subject matter hereof. The parties intend not to create rights in, or to grant remedies to, any third party as a beneficiary of this Agreement or of any duty, covenant, obligation, or undertaking established herein. This Agreement may be amended only by a written document, executed by both Consultant and the City Manager, and approved as to form by the City Attorney. Such document shall expressly state that it is intended by the parties to amend certain terms and conditions of this Agreement. The waiver by either party of a breach by the other of any provision of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach of either the same or a different provision of this Agreement. Multiple copies of this Agreement may be executed but the parties agree that the Agreement on file in the office of the City Clerk is the version of the Agreement that shall take precedence should any differences exist among counterparts of the document. This Agreement and all matters relating to it shall be governed by the laws of the State of California. 12. Capacity of Parties. Each signatory and party hereto warrants and represents to the other party that it has all legal authority and capacity and direction from its principal to enter into this Agreement and that all necessary actions have been taken so as to enable it to enter into this Agreement. 13. Severability. Should any part of this Agreement be declared by a final decision by a court or tribunal of competent jurisdiction to be unconstitutional, invalid, or beyond the authority of either party to enter into or carry out, such decision shall not affect the validity of the remainder of this Agreement, which shall continue in full force and effect, provided that the remainder of this Agreement, absent the unexcised portion, can be reasonably interpreted to give effect to the intentions of the parties. 14. Notice. Any notice required or desired to be given under this Agreement shall be in writing and shall be personally served or, in lieu of personal service, may be given by (i) depositing such notice in the United States mail, registered or certified, return receipt requested, postage prepaid, addressed to a party at its address set forth in Exhibit A; (ii) transmitting such notice by means of Federal Express or similar overnight commercial courier ("Courier"), postage paid and addressed to the other at its street address set forth below; (iii) transmitting the same by facsimile, in which case notice shall be deemed delivered upon confirmation of receipt by the sending facsimile machine's acknowledgment of such with date and time printout; or (iv) by personal delivery. Any notice given by Courier shall be deemed given on the date shown on the receipt for acceptance or rejection of the notice. Either party may, by written notice, change the address to which notices addressed to it shall thereafter be sent. 3 15. Miscellaneous. Except to the extent that it provides a part of the definition of the term used herein, the captions used in this Agreement are for convenience only and shall not be considered in the construction of interpretation of any provision hereof, nor taken as a correct or complete segregation of the several units of materials and labor. Capitalized terms refer to the definition provide with its first usage in the Agreement. When the context of this Agreement requires, the neuter gender includes the masculine, the feminine, a partnership or corporation, trust or joint venture, and the singular includes the plural. The terms "shall", "will", "must" and "agree" are mandatory. The term "may" is permissive. The waiver by either party of a breach by the other of any provision of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach of either the same or a different provision of this Agreement. When a party is required to do something by this Agreement, it shall do so at its sole cost and expense without right to reimbursement from the other party unless specific provision is made otherwise. Where any party is obligated not to perform any act, such party is also obligated to restrain any others within its control from performing such act, including its agents, invitees, contractors, subcontractors and employees. IN WITNESS WHEREOF, Consultant and City execute this Agreement. CITY OF BURLINGAME 501 Primrose Road Burlingame, CA 94010 By: Lisa Goldman City Manager Date: SWA Group 2200 Bridgeway Sausalito, CA 94965 By: Joe Runco Contracting Agent Date: Attest: Federal Employer ID Number: 94-1483448 Meaghan Hassel -Shearer License Number: 4649 City Clerk Expiration Date: 09/30/2023 4 Approved as to form: Michael Guina City Attorney Attachments: Exhibit A Scope of Work Exhibit B City Insurance Provisions SWa Sausalito 17 January 2023 2200 Bridgeway Kevin Gardiner AICP Sausalito, California Community Development Director 94965 City of Burlingame +1.415.332.5100 www.swagroup.com 501 Primrose Road Burlingame CA 94010 John L Wong Re: Burlingame Town Square R Joseph Runco Proposal for Construction Documentation through Construction Administration Marco Esposito Hui -Li Lee Dear Kevin: Shuntaro Yahiro We are pleased to submit the following proposal for Professional Services in connection with the project referenced above. This Agreement is by and between SWA Group ("SWA"), a California corporation, and the City of Burlingame ("Client"), Burlingame, California. For the final design phases of this project, SWA is proposing to continue with the design and engineering team that worked well with City leaders and staff to prepare the Design Development drawings: 1. SWA Group -- Landscape Architecture and Project Management 2. Group 4 Architects -- Architecture, with Structural & MEP by IMEG and Waterproofing by AME 3. CMS Collaborative -- Fountain Consulting 4. Lightswitch -- Lighting Design 5. BKF Engineers -- Civil Engineering 6. TBD Consultants -- Cost Estimating The SWA Team shall provide professional services for the Town Square, the character and extent of which is indicated on the drawing entitled Exhibit B: Project Extents at the end of this proposal. I. SCOPE OF SERVICES The scope of services shall include: A. SWA shall provide Construction Documentation, Bid Phase, and Construction Administration, as later described, for the following scope items: 1. Finish grading and surface drainage of pedestrian pavements and planting areas. 2. Pedestrian pavements. 3. Site furniture including fixed and moveable seating, outdoor games elements, bike racks, trash receptacles and drinking fountains. 4. Landscape walls, fences, steps and railings, decks and platforms, if any, not a part of surrounding buildings. swa 5. Planting. City of Burlingame 17 January 2023 Town Square CD -CA Page 2 of 11 6. Irrigation downstream from mainline point -of -connection. 7. Strategy for integrating public art. 8. Use Scenarios for Town Square Events including Markets and Festivals. 9. Freestanding Building for Water Feature, Public Restrooms, Storage & Equipment. Architectural, waterproofing, and supporting building engineering services are per Exhibit Al. 10. Ornamental Water Feature. Water feature consulting services are per Exhibit A2. 11. Site Lighting. Site lighting design services are per Exhibit A3. 12. Civil Engineering. Civil engineering services are per Exhibit A4. 13. Cost Estimating. Cost estimating services are per Exhibit A5. H. PROCEDURE A. Construction Documentation 1. Upon the Client's approval of the design development plans and cost estimate, SWA will develop working drawings and technical sections of specifications to construct the work. Technical sections of specifications shall be prepared in Construction Specifications Institute (CSI) MasterFormat. The Client shall be responsible for Bidding and Contract Requirements and General Requirements divisions of the specifications. 2. SWA shall prepare working drawings and technical sections of specifications to reasonably conform to applicable codes and regulations of governmental bodies having jurisdiction over the work at the time of preparation. 3. In developing working drawings and technical sections of specifications, SWA shall coordinate its services with those of other consultants and to maintain a construction budget in accordance with the cost estimate accepted by the Client at the end of schematic design. When the final estimate of probable construction cost is one hundred ten percent (110%) of the design development estimate, or less, the final estimate will be acceptable to the Client. 4. Meetings: a. Project Management Team Meetings: SWA shall meet with the Client approximately every three weeks, for up to seven meetings. b. Technical Meetings: SWA will coordinate with public agencies in up three meetings. 5. Deliverables: a. Layout plan. b. Fine grading and drainage plan. c. Irrigation plan. d. Irrigation water use calculations, as required. e. Planting plan. SWa f. Plant list. City of Burlingame 17 January 2023 Town Square CD -CA Page 3 of 11 swa g. Construction, irrigation, & plantingdetails for all landscape elements. h. Mock up details. i. Technical landscape specifications in CSI format. 6. Permitting: a. SWA's fees include up to tworesubmittals for permitting. B. Bid Phase 1. SWA shall attend the Pre -Bid Meeting. 2. SWA shall assist the Client in respondingto bid RFIs and preparing bid addenda. 3. SWA shall prepare a Conform Set incorporating bid addenda. C. Construction Administration 1. SWA shall make periodic visits to the site tofamiliarize itself generally with the progress and quality of construction and to determine in general if the construction is proceeding in accordance with SWA's design intent and construction documents. On the basis of its observations while at the site, SWA will keep theClient informed of the progress of construction. SWA may recommend to the Client the rejection of work failing to conform to the contract documents. 2. SWA shall select and pre -tag specimen plantmaterials that are to be Owner -supplied or proprietarily selected. 3. SWA shall prepare and process change orders with 4. SWA shall endeavor to secure compliance by t shall not be responsible for construction m procedures, orjob-site safety, in conn wit o harmless from and against any and ses, i contractor's errors or omission ilure y documents. ��Droval of Client. act " e plans and specifications. SWA et m chniques, sequences or ork and the Client agrees to hold SWA or damages arising out of or related to out the work in accordance with the contract 5. Meetings: # a. Onsite Meetings: SWA shall meet with the Giant, construction manager and contractor onsite approximately every two weeks, for up to twenty meetings. 6. Deliverables: a. Site visit reports. b. Submittals review. c. Review of mock-ups and shop drawings. d. Field sketches for clarifications purposes. e. Responses to RFIs. f. Punchlist. City of Burlingame 17 January 2023 Town Square CD -CA Page 4 of 11 III. DEVELOPMENT BUDGETS Based upon the Design Development drawings and cost estimate, the approximate budget for construction of items under the above scope of services is $6.9 million. The fee quoted in this proposal is based upon our understanding of the approved design development drawings and this budget. IV. DESIGN APPROVAL Kevin Gardiner, Community Development Director, has been designated as the person responsible for design direction to SWA for this project and has the authority for design approval. In the event that the design, as approved by Kevin Gardiner is rejected by others, and re -design is required, such re -design services shall be compensated as Additional Services. V. MEETINGS AND SITE VISITS This proposal includes Professional Service time for up to thirty meetings and site visits for coordination with Client, public agencies, construction manager, and contractor. Additional meetings shall be billed as Additional Services. Travel expenses shall be billed as Reimbursable Expenses. VI. EXCLUSIONS TO SCOPE OF SERVICES Client shall provide the following information or services as required for performance of the work. SWA assumes no responsibility for the accuracy of such information or services and shall not be liable for error or omissions therein. Should SWA be required to provide services in obtaining or coordinating compilation of this information, such services shall be charged as Additional Services. A. Topography and boundary surveys, other than that provided within the Scope of Services. B. Legal descriptions of property, other than that provided within the Scope of Services. C. Soils testing and/or engineering. D. Existing site engineering and utility base information, other than that provided within the Scope of Services. swa City of Burlingame 17 January 2023 Town Square CD -CA Page 5 of 1 1 VII. SCHEDULE As discussed with the Client, the project schedule is anticipated to be: Construction Documentation: 4 months Permitting: 3 months Bidding: 1 month Construction: 9 months March-J une 2023 J uly- September 2023 November 2023 J anuary- October 2024 Vill. FEES ANDTERMS Services described above and in therespective subconsultants' proposals (Exhibits Al through A5) shall be provided for the fixed sum of $839,700 in accordance with the terms and conditions in Appendix A attached hereto and which is incorporated andrade part of this Agreement by reference. We estimate the cost of Reimbursable Expenses as identified in Appendix A will not exceed $25,000. CDs Bid Phase CA Landscape Architecture and Project Management (SWA) 268,000 19,000 136,000 Architecture, Structural & MEP (Group 4 Architects, IMEG, AME) 113,300 9,500 55,300 Water Feature Consulting (CMS Cdlaborative) 20,500 5,000 22,000 Site Lighting Design (Lightwitch) 24,750 3,500 11,750 Civil Engineering (BKF Engieers) 112,500 3,500 22,500 Cost Estimating (tbd Consultants) 12,600 - - Totals by Phase 551,650 40,500 247,550 NOTINCLUDED IN THIS PHASE swa City of Burlingame 17 January 2023 Town Square CD -CA Page 6 of 11 We would be pleased to answer questions you may have or to clarify the various points above. If this proposal meets with your approval, please sign below and return one copy for our files. Sincerely yours, SWA GROUP Marco Esposito Principal Landscape Architect CA License 2908 0��T40� Joe Runco Contracting Agent Landscape Architect CA License 4649 Landscape Architects are licensed by the State of California. Accepted: CITY OF BURLINGAME Signed: Name: Title: Email: Date: swa City of Burlingame 17 January 2023 Town Square CD -CA Page 7 of 11 Appendix A Appended to and part of Agreement for Professional Services between SWA Group (SWA) and City of Burlingame (Client), dated 17 January 2023. FEES FOR PROFESSIONAL SERVICES Services outlined under the Scope of Services shall be provided for the fixed sum stipulated in the Agreement for Professional Services. REIMBURSABLE COSTS The following costs shall be reimbursed at cost plus ten percent (10%) and are not included in the Fee for Professional Services: A. Cost of copies of drawings, specifications, reports and cost estimates; xerography and photographic reproduction of drawings and other documents furnished or prepared in connection with the work of this contract. B. Cost of commercial carrier and public transportation, lodging, car rental and parking, subsistence and out-of- pocket expenses. Private automobile travel at the IRS -allowable rate at the time of traveling. C. Cost of postage and shipping expenses other than first class mail. D. Long distance telephone charges. E. Photographic services. F. Cost of models, special renderings, promotional photography, special process printing, special equipment, special printed reports or publications, maps and documents approved in advance by Client. G. Fees for additional consultants retained with the approval of Client. ADDITIONAL SERVICES Additional Services shall be provided on a time basis computed by number of hours spent in connection with referenced project. The following principal is committed to this project: Principal Rate/Hour Esposito 286 These rates are applicable for six months from the date of the Agreement for Professional Services, but may be increased subsequently without written notice. Other employee time shall be charged at a multiple of two and one-half (2.5) times Direct Personnel Expense. Additional Services include but are not limited to: A. Making planning surveys, feasibility studies, and special analyses of Client's needs to clarify requirements for project programming. B. Revisions and changes in drawings, specifications or other documents when such revisions are inconsistent Sw a with approvals or instructions previously given by the Client; required by the enactment or revision of codes, City of Burlingame 17 January 2023 Town Square CD -CA Page 8 of 11 laws or regulations subsequent to the preparation of such documents; or the preparation of alternates or deductive change orders requested by Client. C. Cost of review as to form of lenders documents, certifications and consents to assignment requested of SWA during the term of this Agreement. STATEMENTS Fees for Professional Services and Reimbursable Costs shall be billed monthly. ACCOUNTS Accounts are payable net 30 days from date of invoice at our office in Sausalito, California. A cash discount of 1% of invoice amount may be taken on accounts paid within thirty (30) days of invoice date. A service charge of 1.25% of invoice amount per month (15% annual rate) will be applied to all accounts not paid within sixty (60) days of invoice date. INSURANCE At all times during the performance of its services under this Agreement, SWA shall maintain in full force and effect the following insurance, with the coverages and limits specified: A. Workers' compensation insurance, including occupational disease, in accordance with the statutory requirements set forth by the state in which the work is to be performed, and employer's liability insurance covering all of SWA's employees engaged in the performance of this Agreement, in the sum of $1,000,000.00. B. Commercial general liability insurance, including Landscape Architect protective liability and contractual liability insurance, covering death or bodily injury and property damage of $1,000,000.00 for any one accident, bodily injury and property damage combined single limit. C. Commercial automobile liability insurance covering SWA for claims arising from owned, hired and non -owned vehicles covering death or bodily injury and property damage with limits of $1,000,000.00 for any one accident, bodily injury and property damage combined single limit. D. Professional liability (errors and omissions) insurance, on a claims -made basis, with limits of $1,000,000.00 per claim and $1,000,000.00 in the aggregate. E. Certificates of insurance covering any or all of the above insurance required to be maintained by SWA shall be provided to Client upon written request. F. Should Client request in writing that modifications be made to the stated policy limits or deductibles, SWA shall use its best efforts to have its insurers accommodate such modifications. All charges and additional premiums levied by insurers for such modifications shall be paid by Client in advance. 0. Upon written request by Client, SWA shall use its best efforts to have Client named as an additional insured on the Commercial general liability and Commercial automobile liability policies described above, subject to acceptance by the insurer. swa City of Burlingame 17 January 2023 Town Square CD -CA Page 9 of 11 INDEMNIFICATION A. To the extent of available coverage under the insurance coverage as provided in this Agreement, SWA shall indemnify and save harmless (but not defend) Client against any and all loss, liability and damages arising out of any claim, suit or legal proceeding to recover damages for wrongful death, bodily injury, illness or disease, or injury to, or destruction of property to the extent caused by the negligent errors or omissions or willful misconduct of SWA, its subcontractors, agents or employees. B. Client shall indemnify and save harmless SWA from and against any and all loss, liability and damage arising out of any claim, suit or legal proceeding to recover damages for wrongful death, bodily injury, illness or disease, or injury to, or destruction of property, to the extent caused by or attributable to: 1. The negligent errors or omissions or willful misconduct of Client, its contractors, subcontractors, agents or employees. 2. Any hazardous substance, condition, element or material, or any combination of the foregoing, produced by Client; or emitted intentionally or unintentionally from the property on which the project is located or from the facilities to be designed; or specifically required by Client to be used or incorporated by SWA into the work to be performed by SWA. SWA shall not be under any duty or obligation to investigate for the existence of such conditions, and shall not be responsible for any failure to discover such conditions. 3. Failure of Client to provide information or services required to be provided by Client under the terms of this Agreement or from any inaccuracy, error or omission in such information or services. 4. Any claim asserted by an individual Home Owner or a Homeowners' Association formed for or associated with this project or any portion of this project, except to the extent caused by the negligence of SWA, its subcontractors, agents or employees. Client's obligation to indemnify SWA under this clause shall include (without limitation) reimbursement to SWA for all reasonable costs incurred in the defense of such claims, including attorneys' fees incurred in connection with any appeal of a legal action, and all reasonable settlement costs, unless SWA is found to be negligent with respect to such claim under the dispute resolution procedures agreed to in this Agreement, upon which finding Client shall have no duty to reimburse SWA for any such damages or costs which are attributable to SWA's negligence. DISPUTE RESOLUTION The parties agree that they shall attempt to resolve any controversy, claim or dispute between them arising out of or relating to the interpretation, construction, or performance of this Agreement, or breach thereof (collectively the "Claim") by consultation between Principals of the parties. Any Claim which is not resolved by consultation shall be referred to voluntary, non -binding mediation to be conducted by a mutually acceptable mediator. Any Claim which is not resolved by non -binding mediation shall be referred to binding arbitration conducted in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association. Claims where the amount in controversy is less than $150,000 shall be decided by a single arbitrator; otherwise the Claim shall be decided by three arbitrators. All proceedings shall take place in Marin County, California. Costs of mediation or arbitration shall be split equally between the parties. swa City of Burlingame 17 January 2023 Town Square CD -CA Page 10 of 11 CONFIDENTIALITY SWA will use its best efforts and will take reasonable precautions to protect and maintain the confidentiality of any information supplied by Client during the course of this Agreement and which is identified in writing by Client as being confidential information, except to the extent that disclosure of such information to third parties is necessary in the performance of SWA's services. This clause shall not apply to any information which is in the public domain, or which was acquired by SWA prior to the execution of this Agreement, or obtained from third parties under no obligation to Client. RIGHT TO SUSPEND SERVICES SWA shall have the right to suspend services on this project if (a) the parties have not executed a written contract for SWA's services and unpaid invoices have been rendered with an aggregate balance exceeding $5,000.00; or (b) unpaid project invoices over 90 days old exceed $5,000.00 in the aggregate. AUTHORIZATION TO PROCEED If SWA is authorized to commence and/or continue providing its services on the project, either verbally or in writing, prior to the full execution of a written contract, such authorization shall be deemed an acceptance of this proposal, and all such services shall be provided and compensated for in accordance with the terms and conditions contained herein as though this proposal were fully executed by the Client. OWNERSHIP OF DOCUMENTS Original drawings and other documents, as instruments of professional service, are the property of SWA. None of them is to be used on other projects except by written agreement of SWA. One reproducible set of final documents will be furnished to Client upon request. DOCUMENTS FURNISHED IN ELECTRONIC MEDIA Drawings and data provided to SWA in digital format must be in a form acceptable to SWA. Drawing files shall be in AutoCAD dwg format version 2004 or higher, or an SWA-approved alternative. All files must be created with a legal license. As restricted by copyright law, SWA cannot accept any dwg or other file generated under an educational AutoCAD software license. Instruments of professional service provided by SWA in electronic media form, once released by SWA, may be subject to inaccuracies, anomalies and errors due to electronic translation, formatting or interpretation. SWA is not responsible for errors and omissions because of these conditions, nor for those resulting from conversion, modification, misinterpretation, misuse or reuse by others after electronic media is released by SWA. CREDITS/ACKNOWLEDGMENTS SWA shall be given proper credit and acknowledgments for all services rendered including, but not limited to, planning, design and implementation. Proper credit shall be defined as being named by Client (or their agent/client) in project identification boards, published articles, promotional brochures, and similar communications. swa City of Burlingame 17 January 2023 Town Square CD -CA Page 11 of 11 FORCE MAJEURE SWA shall not be responsible for any delay in the performance or progress of the work, or liable for any costs or damages sustained by Client resulting from such delay, caused by any act or neglect of the Client or Client's representatives, or by any third person acting as the agent, servant or employee of Client, or by changes ordered in the work, or as a result of compliance with any order or request of any federal, state or municipal government authority or any person purporting to act therefore, or by acts of declared or undeclared war or by public disorder, riot or civil commotion, or by any other cause beyond the control and without the fault or negligence of SWA. In the event of any such delay, SWA shall proceed with due diligence to alleviate such delay and continue the performance of all obligations under this Agreement. The time during which SWA is delayed in the performance of the work, shall be added to the time for completion of its services to the extent such time is specified in this Agreement. All additional costs or damages resulting from any delay in the performance or progress of the work caused by any act or neglect of Client, its agents or representatives, shall be borne entirely by the Client. LAW This Agreement shall be interpreted and enforced according to the laws of the State of California. VALIDITY Should any provision herein be found or deemed to be invalid, this Agreement shall be construed as not containing such provision, and all other provisions which are otherwise lawful shall remain in full force and effect, and to this end the provisions of the Agreement are declared to be severable. SUCCESSORS AND ASSIGNS It is mutually understood and agreed that this Agreement shall be binding upon Client and its successors and assigns and upon SWA, its successors and assigns. Neither party shall assign nor transfer its interest in this Agreement or any part thereof without the written consent of the other party. TERMINATION AND WORK STOPPAGE It is understood that these services may be terminated upon ten (10) days' written notice for good reason by either party. In this event, SWA shall be compensated for all work performed prior to date of termination at the rates set forth above. Additionally, in the event that Client stops the project for longer than thirty (30) days, SWA will be compensated for all work which has been performed by SWA prior to the date of work stoppage and payment shall be paid by Client for such work to SWA within thirty (30) days of SWA's invoice to Client for those services rendered. REVOCATION This proposal shall be considered revoked if acceptance is not received within ninety (90) days of the date hereof. ENTIRE AGREEMENT This Agreement supersedes any and all other agreements, either oral or in writing, between the parties with respect to the subject matter herein. Each party to this Agreement acknowledges that no representations, by any party which are not embodied herein and that no other agreement, statement or promise not contained in this Agreement shall be valid and binding. Any modification of this Agreement will be effective only if it is in writing signed by the parties. swa G R O U P 4 A R C H I T E C T U R E R E S E A R C H + PLAN N I N G, INC 211 LINDEN AVENUE SO. SAN FRANCISCO CA 94080 USA T:650.871.0709 F:650.871.7911 www. g4arch. com JONATHAN HARTMAN A R C H I T E C T 13 January 2023 Marco Esposito, Principal SWA Group 2200 Bridgeway Sausalito, CA 94965 PROJECT Burlingame Town Square Project SENT VIA E-Mail: PROPOSAL Burlingame Town Square Project As you requested, we have prepared a proposal for architectural support services as a sub -consultant to SWA to support the creation of a freestanding structure within the new Burlingame Town Square project. The Town Square project is primarily an urban design project with numerous pedestrian spaces throughout a continuous plaza in an area roughly equivalent to the existing City of Burlingame "Public Parking Lot E". SWA is the prime consultant for the project. DAWN E. MERKES SCOPE OF BASIC SERVICES AND COMPENSATION: Our proposed Scope of A R C H I T E C T Services is for: D A V I D S C H N E E Architectural design services: Group 4 A R C H I T E C T Waterproofing design support: Applied Materials Engineering Structural, mechanical, electrical, and plumbing engineering services: IMEG A N D R E A G I F F O R D A R C H I T E C T Herein, Group 4 (G4), Applied Materials Engineering (AME) and IMEG will be referred to by name or broadly as "Consultant". All other engineering and support disciplines, CAROLYN CARLBERG including Landscape Architecture, Civil Engineering, Lighting Design, and Fountain A R C H I T E C T Design will be provided by and/or contracted directly with SWA. G A R Y a H I N G The project scope covered under this proposal includes a small (-60'x9') freestanding A R ` H I T E c T building at the edge of the town square that will include the following spaces/functions: HARDING DOWELL Fountain Equipment Room, two (2) Single -Occupant Public Restrooms, and a combined A R c H I T E c T Custodial Closet/Storage Room. The building is anticipated to be single story, slab on grade, with no slab depression at the Fountain Equipment Room. Additionally, portions J I L L E Y R E s of three sides of the rectangular building are anticipated to be clad in a glass sheath that is A R C H I T E C T back -lit with LED lights. The top of the building will be a shallow fountain with an D A N I E L L A R O 5 5 A "infinity edge" in many locations to allow for water to sheet over the edge of the rooftop A R c H I T E c T fountain/pool and down the exterior face of the glass sheathing to a trench drain type capture device where the water will be returned to the Fountain Equipment Room W I L L I A M L I M A R C H I T E C T underground for reuse. T E R E S A R O M A R C H I T E C T g:\22585-01 burlingame town square\y-contract\client\drafts\cd-ca\swa burlingame town square - g4 proposal cd- ca 2022-01-13rl.docx (74 Page 2 Task 1— Design Development — complete under prior agreement. The Design Development documents dated December 13, 2022, are the basis for this proposal, which is a continuation of the Design Development work. Task 2 — Construction Documents 2.6 Architectural Design and Waterproofing Design Support 2.6.1 Coordination of fountain with free standing structure in the plaza. 2.6.2 Architectural Design of the restroom and free standing structure 2.6.2.1 Floor plan 2.6.2.2 Roof Plan 2.6.2.3 Reflected Ceiling Plan 2.6.2.4 Building Sections 2.6.3 Construction details for the fountain building, including waterproofing details. 2.7 Structural system design includes: 2.7.1 Building foundation and structure. 2.7.2 Footings/foundations for perimeter fencing. 2.7.3 Light pole bases. 2.7.4 Plaza elements (seating, tables, etc.) that require structural input, with structural markups being incorporated on detailed drawings by the landscape architect. 2.7.5 String light attachment to existing buildings and poles, as required. 2.8 Mechanical systems design including: 2.8.1 Heating for restroom spaces — electric heat 2.8.2 Direct Digital Control (DDC) system for exhaust fan monitoring and control, sewage ejector alarm monitoring, and interface to the fountain controls/alarm if required. 2.8.3 Restroom exhaust and custodial/storage room exhaust 2.8.4 Fountain pump room exhaust as recommended by the fountain consultant and required make-up air system to support the exhaust system. 2.9 Plumbing systems design including: 2.9.1 Domestic cold and hot water. 2.9.2 Sanitary drainage and venting. 2.9.3 Sewage ejector pump and basin, as required. (74 Page 3 2.9.4 Coordinate with Fountain Consultant to provide connections per the Fountain Designer's equipment layout. IMEG will accommodate domestic water, drain, and power connections for the fountain system. 2.10 Electrical systems design including: 2.10.1 One (1) site visit by the electrical engineer to facilitate coordination of the power utility service. 2.10.2 Incoming electrical service, power distribution, and grounding. 2.10.3 Interior lighting and controls. 2.10.4 Power circuiting and control for exterior fixtures. 2.10.5 Coordinate with Lighting Consultant for waterfall back -lighting and site lighting loads. 2.10.6 Power to fountain equipment and controls as designed and specified by the SWA fountain consultant. 2.10.7 Title24 documentation for IMEG-designed items, with additional Title24 inputs from the SWA lighting designer for exterior and fountain lighting. 2.11 Technology systems design, including: 2.11.1 Voice, data: 2.11.1.1 EIA/TIA compliant premise structured cabling system to support wireless antennas. a Underground conduit design to support wireless access points and cameras located on light poles. b Underground conduit design to property line to support incoming service provider cabling. Service provider to be specified by Owner. (1) Note: Final coordination of conduits with other utilities shall be performed by the civil engineer. 2.11.1.2 Telecommunication cross -connect layout, including cabling and copper termination equipment, and cable management. 2.11.1.3 Design preliminary layout for wireless 802.1 lb/g antennas. a Access points shall be provided and installed by Owner. Owner to confirm final antenna layout. 2.11.2 Security management: 2.11.2.1 Video surveillance system: a New IP cameras with on -site storage and video management system. 2.12 Project design meetings: C4 Page 4 2.12.1 Participate in approximately four (4) project conference calls / web conferences with design team members. 2.12.2 Group 4 will participate in up to five (5) in -person meetings with SWA and the City. 2.13 Deliverables 2.13.1 50% Construction Documents 2.13.1.1 Drawings 2.13.1.2 Draft CSI specifications 2.13.2 95% Design Development — Plan Check Documents 2.13.2.1 Drawings 2.13.2.2 CSI specifications 2.13.3 100% Design Development —Back Check/ Bid Documents 2.13.3.1 Drawings 2.13.3.2 CSI specifications 2.13.3.3 Response to Plan Check comments Task 3 — Bidding and Award 3.1 Respond to contractor questions and prepare addenda information as required. 3.2 Provide bid phase services, as requested, through award of the Contract for Construction. Services include assistance with responses to bidders' inquiries; preparation of addenda; attendance at (1) pre -bid meeting; and assistance in the City's evaluation of bids. SWA to compile and issue addenda to the City. 3.3 After bidding concludes, prepare an electronic Conformed Set for construction that includes the Backcheck/Bid Set information revised with all bid addenda. 3.4 Meetings: 3.4.1 Pre -bid conference: attendance by G4 as required 3.5 Deliverables: 3.5.1 Conform Set (including bid addenda) Task 4 — Construction Administration 4.1 Visit the site at intervals appropriate to the stage of construction or as otherwise agreed by SWA. G4 to attend a pre -construction conference and once construction has begun to become generally familiar with the progress and quality of the work completed and to determine, in general, if the work is being performed in a manner indicating that the work when completed will be in accordance with the Contract Documents. However, the Consultant shall not be required to make exhaustive continuous on -site inspections to check the quality or quantity of the work. Agenda, reports and minutes shall be prepared by a party other than the Consultant. C4 Page 5 4.2 Participate as required in assumed regular bi-weekly Owner -Architect - Contractor (OAC) meetings that may be held on -site in conjunction with the above indicated site visits or via web conference. At OAC meetings the Consultant shall discuss progress of the work as required. Agenda, reports and minutes shall be prepared by the others. 4.3 Submittals: The Consultant shall review Contractor's submittals, including Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. The Consultant's action shall be taken with such reasonable promptness so as to cause no delay in the work, while allowing sufficient time in the Consultant's judgment to permit adequate review unless otherwise agreed to. Submittals critical to work flow as indicated on the Contractor's critical path construction and submittal schedules and as mutually identified and agreed to by the Consultant, SWA, Construction Manager, and Contractor at the OAC shall be prioritized and responded to within a timely manner from receipt, targeting a maximum review time of 15 working days while recognizing that submittals that require coordination with subconsultants and/or large/complex submittals will take additional review time. Submittals that are mutually agreed to as not being on the critical path by the Construction Manager and Contractor will be reviewed and returned in a timely fashion after critical path submittals have been reviewed. Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities or for substantiating instructions for installation or performance equipment or systems designed by the Contractor, all of which remain the responsibility of the Contractor to the extent required by the Contract Documents. The Consultant's review shall not constitute review of safety precautions or, unless otherwise specifically stated by the Consultant, of construction means, methods, techniques, sequences or procedures. The Consultant's review of specific items shall not indicate approval of an assembly of which the item is a component. When professional certification of performance characteristics of materials, systems or equipment is required by the Contract Documents, the Consultant shall be entitled to rely upon such certification to establish that the materials, systems or equipment will meet the performance criteria required by the Contract Documents. 4.4 Request for Information (RFIs): The Consultant shall respond to Contractor's Requests for Information (RFI). Interpretations and decisions of the Consultant shall be consistent with the intent of and reasonably inferable from the Contract Documents and shall be in writing or in the form of drawings. When making such interpretations and initial decisions, the Consultant shall secure faithful performance by both City and Contractor, shall not show partiality to either, and shall not be liable for results of interpretations or decisions so rendered in good faith. Consultant will target a maximum of fourteen (14) calendar days to respond but will endeavor to respond promptly where possible to allow for the orderly progress of construction. Large/complicated RFIs will be reviewed with all parties (Contractor, sub -contractor, Consultant, sub -consultants, SWA (74 Page 6 and City) to establish a deadline. RFIs mutually determined at the OAC to be non -critical will be reviewed and returned in a timely fashion after RFIs determined to be critical have been responded to. 4.5 Review items submitted by the Contractor for general conformance and consistency with the project design concept and for compliance with the Contract Documents, including but not limited to submittals, O&M Manuals, written guarantees, warranties, instruction books, diagrams and charts, etc. 4.6 Substitutions: The Consultant shall review and recommend approval or rejection of substitutions for general conformance and consistency with the project design concept and for compliance with the Contract Documents. Consultant shall briefly review each substitution and provide the City's Project Manager with a fee and time schedule for detailed review of each substitution. Time and cost for detailed review of substitutions shall be negotiated with Contractor on a case -by -case basis. Detailed review of each substitution cannot begin until authorized by the City's Project Manager. Detailed review of substitutions is subject to the requirements of Additional Services when approved and authorized by the City's Project Manager prior to beginning the detailed review. 4.7 Construction Means and Methods: The Consultant shall not have control over or charge of and will not be responsible for construction means, methods, techniques, sequences or procedures, or safety precautions and programs in connection with the work, since these are solely the Contractor's responsibility under the Contract for Construction. The Consultant shall not be responsible for the Contractor's schedules or failure to carry out the work in accordance with the Contract Documents. The Consultant shall not have control over or charge of acts or omissions of the Contractor, Subcontractors, or their agents or employees, or of any other persons performing portions of the work. 4.8 Access to the work: The Consultant shall have access to the work wherever it is in preparation or progress. 4.9 Duties, responsibilities and limitation of authority: Duties, responsibilities and limitation of authority of the Consultant shall not be restricted, modified or extended without written agreement of the City and Consultant. 4.10 Punchlist: As noted below, the Consultant will participate in the creation of a single punchlist by contributing items to a master punchlist that will be managed by SWA. All follow up on punchlist and outstanding items will be performed solely by the City. 4.11 Meetings: 4.11.1 OAC (web -conference meetings): 4.11.1.1 Bi-weekly by Group 4, as required. 4.11.1.2 Up to two (2) virtual meetings including Structural or MEP. 4.11.2 Site observation visits: 4.11.2.1 Architect: Eight (8) visits 4.11.2.2 Structural: One (1) visit 4.11.2.3 MEP: Two (2) visits 4.11.2.4 Low -Voltage: Zero (0) visits — low voltage items will (74 Page 7 be observed by the electrical team. 4.11.3 Pre -bid conference: 4.11.3.1 One (1) meeting by Architect, no participation by IMEG or AME. 4.11.4 Punchlist 4.11.4.1 Architect: One (1) visit 4.11.4.2 IMEG: One (1) visit per discipline (excluding Low - Voltage as noted herein) 4.11.4.3 AME: One (1) visit 4.12 Deliverables: 4.12.1 Drawing (or specification) revisions as required by RFI 4.12.2 Submittal reviews as indicated 4.12.3 Site observation reports as required. 4.12.4 Punchlist item creation ASSUMPTIONS: A. The SWA fountain consultant will maintain complete responsibility for the design of the cascading water feature for the building, including the equipment, distribution, layout, the pool/piping/channel design on top of the building, trench and drain surrounding the base of the building/fountain, any cistern/storage elements, pumping, filtration, chlorination, and all interconnecting piping and controls. B. Mechanical a. No air conditioning. b. Heating only in the restrooms, as required. C. Electrical a. The SWA lighting consultant will select lighting fixtures for the courtyard and building exterior and provide photometric evaluation and confirm code compliance for those fixtures. IMEG will provide power circuiting and control for these fixtures. b. IMEG will have complete responsibility for the building interior lighting. c. Electric and telecommunications utility raceways for each service provider, and branch feeds outside of the building (site lighting, CCTV, security, outbuildings, etc) will be provided to the Civil Engineer for coordination with the overall site design d. Internet Service Provider (ISP) coordination or design is not included e. SCADA design is not included in this proposal. IMEG's documents will identify mechanical equipment inputs and Outputs (I/O) and sequences of operation for items requiring monitoring and/or control. These I/O and sequences can be monitored by a temperature control/DDC system or SCADA system. f. Power and telecommunications feeds will come from the existing utility pole in the alley that is closest to the new building. Work in coordinating feeds from other, more distant and/or more complicated locations would be an additional service. D. Plumbing a. Safety shower/eyewash station will be specified and located by others (74 Page 8 b. The SWA fountain consultant will select and specify all water feature equipment, piping and controls. IMEG will support these specified items with mechanical utilities as described herein. E. Fire protection systems a. None required; no scope included. F. The project will be designed by Group 4 and IMEG using Building Information Modeling (BIM) software with Autodesk Revit® as the platform. The BIM deliverable will be no greater than Level of Development (LOD) 300 as defined in AIA Document G202. G. The Revit® model is only inclusive of those systems and trades designed by Group 4 and IMEG. The Revit® model will not include Owner/vendor-provided and installed systems requiring coordination by the installing contractors. The Revit® model is intended for internal coordination among the design team. It is understood the model is not intended to be an exact and complete three dimensional representation of how the Contractor will route and locate utilities and equipment. H. Modeling of existing conditions will be limited to the extent required to produce specifications and 2D contract documents. I. Documents prepared by the Engineer will be prepared based upon reasonable assumptions derived from existing information provided by the Owner and from limited observation of accessible and visible existing conditions by the Architect and Engineer without the benefit of extensive field measurements and investigation prohibited by expense and inconvenience to the Owner. It is understood and agreed that unforeseen conditions uncovered during the progress of the project may require changes in the project, resulting in additional cost and delay. J. Identification, testing, and/or removal of hazardous materials will be by others. K. The project will prescriptively comply with Title24. No energy modeling is included. L. Sanitary sewer, storm sewer, and domestic water service be available 5'-0" outside of the building. M. Site utility design beyond 5'-0" of the building perimeter, including domestic water, storm water,storm water detention, and sanitary sewer shall be the responsibility of others. N. The project will be awarded as a single prime contract for construction. Phased design and/or issue of early documents are not required. O. Deliverables will be provided in electronic PDF format and/or AutoCAD, as required. Hard copy printing will be treated as a reimbursable expense. ADDITIONAL SERVICES: When approved by the Client, services not specifically included in Basic Services, including the services of engineers and consultants, will be performed and the Client shall compensate Group 4 Architecture, Research + Planning at our standard hourly rates. CLIENTS RESPONSIBILITIES: (74 Page 9 The Client shall provide information about the project including plans and other available information about the present building as reasonably needed. COMPENSATION: Total Fees Construction Documents $113,300 Bidding 9,500 Construction Administration 55,300 Basic Services Total: $178,100 Reimbursable Budget $ 2, 000 Compensation for basic services shall be a Fixed Fee of $178,100. Invoicing will be monthly and reflect the services performed during the past month period. Reimbursable project expenses, such as printing, binding, shipping and handling costs, special exhibits and other expenses directly attributable to the project will be charged in addition to our fees. Project expenses will be billed to the Client at our cost plus 10%. We estimate the cost of Reimbursable Expenses associated with Basic Services to not exceed $2000.00. Consultants hourly rates by job classifications are listed below. The rates listed below are adjusted annually. The next adjustment will be 1 January 2024. Group 4 Principal in Charge $260.00 Principal $250.00 Associate $230.00 Project Manager $195.00 Architect III $190.00 Architect II $180.00 Architect I $175.00 Architectural Staff III $165.00 Architectural Staff II $155.00 Architectural Staff I $145.00 Interior Designer II / Planner II $155.00 Interior Designer I / Planner I $145.00 Project Support $120.00-$240.00 IMEG - MEPT Project Executive 250.00 Senior Engineer Technical Specialist 230.00 Senior Engineer III 215.00 Senior Engineer II 190.00 Senior Engineer 170.00 Project Engineer II 155.00 Project Engineer 145.00 Page 10 Engineer 135.00 Senior Designer Technical Specialist 195.00 Senior Designer III 180.00 Senior Designer II 165.00 Senior Designer 150.00 Project Designer II 145.00 Project Designer 130.00 Designer IV 120.00 Designer III 115.00 Designer II 110.00 Designer 105.00 Senior Virtual Design Coordinator 125.00 Virtual Design Coordinator 115.00 Virtual Design Technician 95.00 Administrative Assistant 85.00 IMEG - Structure Project Executive 325.00 Senior Engineer Technical Specialist 315.00 Senior Engineer III 310.00 Senior Engineer II 285.00 Senior Engineer 240.00 Project Engineer 11 200.00 Project Engineer 185.00 Engineer 160.00 Senior Designer Technical Specialist 230.00 Senior Designer III 210.00 Senior Designer II 190.00 Senior Designer 180.00 Project Designer II 170.00 Project Designer 150.00 Designer IV 145.00 Designer III 135.00 Designer II 115.00 Designer 100.00 Senior Virtual Design Coordinator 175.00 Virtual Design Coordinator 145.00 Virtual Design Technician 105.00 Administrative Assistant 95.00 INSURANCE: Group 4 will maintain in effect during the term of this Agreement, insurance of the types and coverage (minimum limits) designated below: General Liability (Comprehensive Form): $1,000,000 Combined Limit Professional Liability: $1,000,000 Worker's Compensation: Statutory Limit Single (74 Page 11 Group 4's general liability insurance shall contain an endorsement naming the Client as an additional insured under Group 4's policy. 0:1UUi10 11�1 [��►[�77.��i7 TO raLi A This Agreement may be terminated by either party upon seven days written notice should the other party fail substantially to perform in accordance with its terms through no fault of the party initiating the termination. The Agreement may be terminated by the Client upon written notice to the Consultant in the event that the Project is abandoned. MEDIATION: If a dispute arises out of or related to this Agreement, or the breach thereof, and if the said dispute cannot be settled through direct discussions, the parties agree to first endeavor to settle this dispute in an amicable manner by mediation through mutually agreed to mediation service experienced in architectural services and construction matters. SCOPE OF AGREEMENT: This is the entire Agreement between the parties and there are no agreements, conditions, or representations between the parties except as expressed herein. INDEMNIFICATION: With respect to the operation of Group 4 under this Agreement other than the performance of professional services, Group 4 shall indemnify, hold harmless, and defend the Client and its officers, directors, and employees from and against any and all claims, liabilities, damages, losses, and costs, including but not limited to reasonable attorney's fees and other costs of defense, attributable to personal injury, bodily injury, including death, or property damage, including loss of use thereof, and arising out of the negligence or willful misconduct of Group 4 or anyone for whom Group 4 is legally responsible, excepting the portion of those claims, damages, liabilities, losses, and costs caused by the Clients negligence or willful misconduct. With respect to the performance of professional services under this Agreement, Group 4 shall indemnify and hold harmless, but shall have no obligation to defend, the Client, its officers, directors, and employees from and against liabilities, damages, losses, and costs, caused by the negligent errors or omissions of Group 4 or anyone for whom Group 4 is legally responsible. The Client shall indemnify and hold harmless, but shall have no obligation to defend, Group 4, its officers, directors, sub -consultants and employees from and against liabilities, damages, losses, and costs, caused by the negligent errors or omissions of the Client or anyone for whom the Client is legally responsible. Notwithstanding any other provision of this Agreement, with respect to the performance of professional services under this Agreement, the Client agrees to limit its claims, if any, against Group 4 to the actual proceeds of Group 4's professional liability coverage required under this Agreement. Group 4 shall maintain professional liability coverage in the amount of at least $1,000,000 per claim and $1,000,000 in the aggregate for the term of this Agreement. (74 Page 12 Please contact us if you have any questions about our proposal. Following your review, please indicate your acceptance below by signing and sending an original copy to our office. Sincerely, GROUP 4 ARCHITECTURE, RESEARCH + PLANNING, INC. i Jonathan Hartman, Principal Vice President Agreed to by: SWA ("CLIENT") Signature Name, Title Date CMS collaborative water feature consultants Proposal for Burlingame Town Square Glass Waterwall Feature 13 January 2023 CMS Collaborative, Inc. is pleased to provide the following Scope of Services and Fee Proposal to Marco Esposito of SWA Group for the Burlingame Town Square Glass Waterwall Feature. The proposed Scope and Fee are based on work during the Design Development phase. A. SCOPE OF WORK 1. A 10' tall x 60' long water feature, architectural in nature, which sheets over faceted cast glass panels. The waterwall wraps around and conceals a utility building in the center of the square. Along the base of the waterwall is a perimeter reservoir trough approximately 1.5' wide and deep. The feature's plumbing and electrical equipment are located in a room inside the utility building, approximately 20' long x 7' wide. B. SCOPE OF SERVICES 1. Number of submissions: This proposal allows for up to four formal submissions. A formal submission is defined as one that is issued to entities outside of the design team for review. 2. Construction Document services (CD): a. CMS will prepare documents containing sufficient information to bid and construct the water feature plumbing and electrical systems. Work provided will include the following: (1) Plumbing drawings: (a) Site pipe routing and fitting layout. (b) Equipment space layout plan. (c) Schematic piping diagram. (d) Details for water feature fittings and equipment space sub -assemblies. (2) Electrical drawings: (a) Water feature site electrical plan. (b) Equipment space power and control plan. (c) Single line power diagram. (d) Electrical equipment elevation. (3) Fountain Plumbing and Fountain Electrical Specification sections. b. CMS will participate in conference calls or web meetings as requested during this phase. 3. Bidding Phase (Bid): a. CMS will respond to bidders' questions and/or concerns regarding design, equipment, and materials specified under CMS' Scope of Work. b. CMS will assist with the evaluation of bidders and prices. cros collaborative, inc. p: 831.425.3743 www.cros-collaborative.com CMS Collaborative, Inc. Proposal for Burlingame Town Square Glass Waterwall Feature 13 January 2023 Page 2 of 4 C. CMS will issue a revised set of our Construction Documents (Conformed Set) incorporating changes discussed during this phase. Significant revisions to the Construction Documents are not included within this scope. 4. Construction Administration services (CA): a. CMS will review submittals by the plumbing and electrical contractors for conformance with the Construction Documents. b. CMS will assist, as requested, with RFIs and clarification of the Construction Documents. C. CMS will conduct a half -day intermediate review of construction and provide a punch -list report. d. CMS will conduct a one -day final review of construction and provide a punch -list report. At the time of the final review, CMS will assist with adjustments and troubleshooting of the water feature. e. CMS will participate in conference calls, web meetings, or virtual construction progress reviews as requested during this phase. C. OPTIONAL SERVICES Health Department Review: CMS will participate in health and safety reviews and queries by our client, the design team, and local authorities. Up to two in -person meetings located in or around Burlingame, CA are included in this scope. CMS will make minor revisions to the Construction Documents as required to resolve Review comments. Significant revisions to the Construction Documents as a result of such reviews are not included within this scope. Since this design is an architectural feature and not "interactive," we do not anticipate this service being required. D. SERVICES NOT INCLUDED Architectural/structural design: The proposed Scope of Services does not include the documentation or specification of the structures, structural or seismic pipe bracing, waterproofing, materials, or finishes. 2. Structural documentation: The proposed Scope of Services does not include structural documentation or specifications of the water feature equipment room or reservoir. 3. Lighting documentation: The proposed Scope of Services does not include the documentation or specification of any light fixtures or associated hardware or software used to illuminate the feature. 4. Revit/BIM 3D documentation: Drawings will be produced in 2D with AutoCAD. 5. Design Changes: Changes which result in increased complexity or changes requiring rework once the design process has begun may be considered an extra service. 6. Office or extra site visits: The proposed Scope of Services includes a maximum of two site visits during the Construction Administration Phase. Additional visits or time extensions will be considered an extra service. Mock-up testing: The proposed Scope of Services does not include mock-up testing, or time and expenses associated with designing or evaluating testing. CMS Collaborative, Inc. 13 January 2023 Proposal for Burlingame Town Square Glass Waterwall Feature Page 3 of 4 8. Itemized construction budgets: Itemized cost estimates are not included in this scope. 9. Utility services or extensions: The proposed Scope of Services is based on receiving points of connection for water, sewer, and electrical services at the equipment space. Coordination of these services with the serving utility or extension of these services to remote points of connection is not included. 10. Equipment space heating, ventilation, or lighting: Within a building such as this, these design services are usually provided by the mechanical and electrical engineers of record. However, CMS will assist with recommendations. 11. As -built drawings: The proposed Scope of Services does not include production or review of as - built or record drawings. E. EXTRA SERVICES 1. CMS will identify services not included in the proposed Scope of Work when they are requested. CMS will advise Client's office of the impact on CMS' work and propose an increase to the proposed fee amount before any work is undertaken. 2. Extra services will be provided on an hourly basis at billing rates listed in Paragraph F.5 below, or current hourly rates prevailing when the services are rendered. 3. Reimbursable expenses associated with extra services will be billed at direct cost. F. FEES 1. Based upon the complexity of the project, projected travel requirements, and the amount of documentation anticipated, CMS will provide the services described in Section B above for the lump sum fees listed below: a. Construction Documentation services(CD)......................................................... $20,500 b. Bidding Phase (Bid)............................................................................................................ $5,000 C. Construction Administration services(CA)........................................................... $22,000 d. Total proposed fee......................................................................................................... $47,500 2. Optional services: a. Health Department Review............................................................................................$6,500 3. Billing for services will be lump sum, billed monthly on a percentage of completion -basis for the relevant phase. 4. Billing for authorized extra services will be at the current hourly rates prevailing when the services are rendered. 5. Billing rates effective through 30 June 2023: President....................................................................... $190.00/hr. Principal............................................................................ 175.00/hr. Senior Designer............................................................. 125.00/hr. Designer............................................................................. 95.00/hr. Drafter................................................................................. 70.00/hr. CMS Collaborative, Inc. Proposal for Burlingame Town Square Glass Waterwall Feature 13 January 2023 Page 4 of 4 6. Reimbursable expenses are not included in the service fees listed above. They are estimated at approximately $500 and will be billed at direct cost. These items include, but are not limited to ground transportation, meals, and other expenses associated with out-of-town travel. 7. Travel: a. Travel time will be billed portal to portal. b. Automobile mileage will be billed at the Internal Revenue Service mileage rate in effect at the time of travel (Currently $0.655/mile). G. SCHEDULE 1. CMS can provide the Construction Document package within 6 to 8 weeks of receiving authorization to proceed, or within the schedule agreed to as the project progresses. 2. Shop drawings and RFIs are normally addressed within 1 week. 3. Office and site visits can normally be accommodated within 2 weeks after they are requested. H. INSURANCE 1. CMS currently maintains the following project -related insurance: a. General liability in the amount of $1,000,000 per occurrence and $2,000,000 in aggregate. b. Professional liability in the amount of $1,000,000 per claim and $2,000,000 in aggregate. C. Umbrella liability in the amount of $5,000,000 per claim and $5,000,000 in aggregate. 2. Certificates of insurance will be provided upon request. I. DURATION OF PROPOSAL 1. This proposal is valid for 90 days from date of origin. k!IGHTSWITCH 1319 Bridgeway, Sausalito, CA. 94965 +1.415.332.7285 www.lightswitch.net Marco Esposito 2200 Bridgeway, Sausalito, CA 94965 tel: (415) 332-5100 e: mesposito@swagroup.com January 11, 2023 Re: Burlingame Town Square (CD Onward) Lighting Design Proposal 22016 Dear Marco, Lightswitch is thankful to have the opportunity to continue our working relationship with SWA Group on the Burlingame Town Square We have reviewed the RFP as well as the supplemental information provided and used them to estimate fees. We look forward to any questions or comments. Please feel free to call or email to discuss. Sincerely, �Q Norm Schwab Principal Lightswitch, San Francisco Email nschwab(aUghtswitch.net Lighting and Visual Design for over 25 years Burlingame Town Square CD Onward (22016) Proposal WHO WE ARE For twenty-five years Lightswitch has been committed changing the way people experience their world. We are a consortium of internationally recognized lighting, media and visual designers who create unforgettable experiences where people live, work, learn and play. Whether for a concert, an event, an experiential environment, or an architectural project, we use a balance of artistry, practicality and technical mastery to create memorable, compelling and responsible lighting and visual design. This core principle guides our team of dedicated designers who serve our clients from our full -service studios around the world. It's a challenge that drives us to continually refine our craft and affirm our belief that successful visual design is a balance of artistry, practicality, creativity and a relentless passion to create the next great experience. Our San Francisco Office employs 10 full time employees and independent contractors as required by project needs. We also coordinate large projects with our other offices nationwide. Project Team resumes included below. PROPOSAL We are pleased to submit this proposal for professional services as lighting consultants for Burlingame Town Square located in Burlingame, CA. This agreement is made effective January 11, 2023 by SWA Group (hereinafter referred as "Client"), whose mailing address, as of this date, is 2200 Bridgeway, Sausalito, CA 94965 and Lightswitch SF, (hereinafter referred as "LS"), whose mailing address, as of this date, is 1319 Bridgeway, Sausalito, CA 94965. Page 2 of 13 Burlingame Town Square CD Onward (22016) Proposal I SCOPE OF WORK This proposal covers the lighting design coordination for the Burlingame Town Square located in Burlingame, CA. 1.1 Included Project Scope by Area Area Name Estimated Square Footage Exterior Spaces Plaza and Grove* 26,000 Fountain 600 Creek Flow lighting 5,500 *Includes review of street lighting along frontage Page 3 of 13 Burlingame Town Square CD Onward (22016) Proposal 1.2 Projected Schedule 1.2.1 This Proposal has been created with the following estimated schedule and phase duration in mind: Phase Estimated Start* Estimated End* Duration* Construction Documents / Permit March, 2023 October, 2023 8 Months Bid November, 2023 December, 2023 2 Months Construction Administration January, 2024 October, 2024 9 Months *Changes to Estimated dates and/or phase Duration may result in additional fees. I EXCLUDED FROM SCOPE I General Exclusions a. Electrical Engineering Services (Egress Lighting, Code Identification, Code Compliance Documentation, Exit Signage) b. LEED Documentation C. Daylighting • Daylighting (Analysis, photometrics, criteria) • Mechanical shading, (specification, controls, placement) • Skylights (Placement, Specification, and design) d. Audio/Visual Services (Projection, LED arrays and Installations, AN Controls) e. Lighting Control (Drawing Integration, Shop Drawings, On -Site Programmer, Device locations, Personnel training) f. Custom Fixture design and or coordination. g. Signage or Digital Displays. 1.2 Project Specific Exclusions a. Back of House Areas (such as mechanical rooms, electrical equipment rooms, pump rooms, janitor's closets or storage) 1.3 Refer to Exhibit B (attached) For additional information. Page 4 of 13 Burlingame Town Square CD Onward (22016) Proposal 2 SERVICES AND DELIVERABLES 2.1 CONSTRUCTION DOCUMENTS 2.1.1 Services a. Further refine lighting layout drawings with project architect and interior/retail architect, finalize lighting schedule and specifications. b. Provide revisions to lighting design and specifications as necessary to respond to plan check comments from the authority having jurisdiction. (100% CD) 2.1.2 Deliverables a. Provide complete lighting design documentation, including the following: • Lighting design documents including fixture and control zone layouts on background provided by architect. • Lighting Fixture Schedules and Specifications. • Draft of Specifications. • Lighting Design calculations and modeling on base model provided by architect. • Control System design. • Lighting System Controls Fixture Cut -Sheets. • Lighting System Control Device schedule. b. Fee allows for (3) two issuances of documents: • 50% Construction Documents • 95% Construction Documents (Permit Set) • 100% Construction Documents 2.2 BIDDING (BID) 2.2.1 Services a. Respond to Bidder's Questions as necessary. b. Review information from bidders and provide feedback of bid packages to project team. C. Provide recommendations to owner and project team for value engineering as required. 2.2.2 Deliverables a. Provide complete lighting design documentation, including the following: • Lighting design documents including fixture and control zone layouts on background provided by architect. • Lighting Fixture Schedules and Specifications. • Draft of Specifications. • Lighting Design calculations and modeling on base model provided by architect. • Control System design. • Lighting System Controls Fixture Cut -Sheets. • Lighting System Control Device schedule. b. Fee allows for (1) one issuances of documents: • Construction Documents Conform/ Construction Set 2.2.3 Meetings Page 5 of 13 Burlingame Town Square CD Onward (22016) Proposal a. Attend and participate in Lighting bid review call. b. In Person Design Meetings as defined in "Meetings and Onsite" Below. 2.3 CONSTRUCTION ADMINISTRATION (CA) 2.3.1 Services a. Review lighting submittals, shop drawings, and sample materials to ensure conformance with design standards. b. Respond to Requests for Information related to the lighting scope. C. Review and comment on the installation of lighting fixtures and systems as related to the construction documentation. d. Supervise and direct the focus of lighting fixtures by the electrical contractor. e. Supervise and direct the programming of architectural lighting control systems by the electrical contractor. f. Program theatrical lighting systems. 2.3.2 Deliverables a. Submittal Review b. Request for Information (RFI) Responses. C. Punch List d. As -Built documentation (in the form of markups.) e. Focus documentation f. Lighting training and operations documentation g. Fee allows for (5) five issuances of documents: • Preliminary Submittal Review • Final Submittal review • Lighting punch List • Focus documentation • Lighting operations handbook h. Fee allows for (20) hours of RFI Responses. 2.3.3 Meetings a. Attend and participate in monthly conference calls with the project team. b. Final On -Site Commissioning as defined in "Meetings and Onsite" Below. Page 6 of 13 Burlingame Town Square CD Onward (22016) Proposal 3 MEETINGS AND ONSITE 3.1 In addition to the services and deliverables as listed above, this proposal includes the following: Qty Name Location Duration Attendance Construction Documents (3) In -Person Team Meeting SF Bay Area I Day Associate Bid No In -person meetings anticipated Contract Administration (2) Site Visit Burlingame, CA I Day Associate (I) On -Site (Commissioning/Aim-Focus) Burlingame, CA 4 Day (2x) Associate Note: Additional Meetings, Mock Ups and/or On -Site Work not included in this proposal will be presented to client under separate proposal and/or Time and Materials. 3.2 All travel costs will be pre -approved by the client all travel expenses will be billed back at cost. 3.3 Travel Requirements: . Refundable and exchangeable airfare. Business class airfare required on flights over four hours and all international flights. Airfare costs are estimated above as booked within a 3-week advance. a. $71 Per Diem will be charged for Trips outside of the San Francisco Bay Area or any work that requires an overnight stay (such as aiming and commissioning) b. Accommodations to include queen -size bed and internet access, if overnight stays are required. Page 7 of 13 Burlingame Town Square CD Onward (22016) Proposal 4 FEES AND REIMBURSABLES 4.1 All Fees, reimbursables and compensation are stated in United States Dollars (USD) and shall be invoiced monthly via email by percentage of work completed. Payment is due Net 30 from date of invoice. 4.2 Design Fees Phase Name Fee Construction Documents / Permit $24,750 Bid $3,500 Construction Administration $1 1,750 Totals $40,000 4.3 Additive Alternates In addition to the above scope and fees, Lightswitch has identified the following scope and services that could be adopted by the client for an additional fee. a. Add Alt 1: Support and Programming assistance for digital artist — Provide programming support and lighting consultation for a city selected digital artist to help customize the Town Square's lighting programming to implement their unique artistic vision. (40) hours of support is estimated in this scope — additional hours could incur additional costs (if required, to be presented to client before they are incurred for approval) Additive Alternate Name Fee Addition(YIN?) Selected Client Initials (a) Add. Alt I: Support and Programming assistance for digital artist $5,000 Note: Please Mark Selected Items with ' Y' and Initial to confirm. Any item selected will be added to the overall design fee and included to the proposal scope as listed. Page 8 of 13 Burlingame Town Square CD Onward (22016) Proposal 4.4 Estimated Reimbursable costs a. The following includes estimated reimbursable costs include travel costs for meetings and onsite (as listed above) as well as additional reimbursable costs (such as shipping and reproduction.) b. All reimbursables will be billed to client at cost. Phase Name Travel Costs* Additional Costs Total Costs Construction Documents $50 $0 $50 Bid $0 $0 $0 Construction Administration $350 $0 $350 Subtotal $400 $0 $400 * Travel costs have been estimated as booked with a 3-week advance. 4.5 Compensation for Additional Services a. Upon client request, Lightswitch will provide a written proposed change order for additional services to be approved. b. Additional meetings or services requested and approved by client will be performed on an hourly basis or daily basis — Time and Materials (T&M) in addition to any additional reimbursable expenses. C. Refer to Hourly Rate Schedule and Day Rates in attached Exhibit A. Page 9 of 13 Burlingame Town Square CD Onward (22016) Proposal 5 APPROVALS a. This proposal is valid for (30) Days from date of issue (January 1 I, 2023) b. Included in this agreement separately: Exhibit A, Exhibit B. C. Design methods, processes, procedures, interpretations, or decisions will be the judgment of the Designer unless specifically designated otherwise in writing and acknowledged by the Designer prior to the date of this proposal. d. Instructions or directions for design effort issued after the date of this proposal including changes, revisions or expansions recommended during the review process will be performed as additional services unless such instructions or directions are accepted in writing by the Designer as having no additional costs. e. Revisions to the drawings, specifications or other documents will be provided as additional services, when such revisions are inconsistent with written approval from the Client or are due to causes beyond the control of the Designer. These services will be performed only when authorized in writing by the Client and will be paid for by the Client at the hourly rates on the Exhibit A Hourly Rate Schedule. f. This agreement may be terminated by either party upon five days written notice. However, if terminated by the Client, Client will pay Consultant for all services performed to the date of termination, together with reimbursable expenses. g. If this proposal meets client approval, please sign below and return a copy for my signature. We require a signed agreement to begin the work. Please provide the anticipated design and construction phase start and completion dates to assist in the scheduling of your project. Thank you for the opportunity to work with you on this project. Sincerely, Lightswitch SF Inc. Norm Schwab Principal agreed to and accepted by: SWA Group By: Title: Date: Page 10 of 13 Burlingame Town Square CD Onward (22016) Proposal EXHIBIT A Hourly Rate Schedule Principal $175.00 per hour Senior Designer / Project Manager $150.00 per hour Designer $125.00 per hour All fees provided are in United States Dollars (USD) Above rates are valid through January 01, 2025 Day Rate Schedule Day rates are considered as (10) hour days, using the above Hourly Rate Schedule. Page I I of 13 Burlingame Town Square CD Onward (22016) Proposal EXHIBIT B INTELLECTUAL PROPERTY • LS will photograph and document this project for internal use and record keeping. • With Client's approval, LS will use these photographs as well as project information for marketing materials, publications, social media and website. Lightswitch will respect NDAs or client preference if this project is not to be publicized. • This proposal is for use with this project scope only and may not be used for additional projects without written permission from LS and additional compensation to be agreed to by LS and the Client. • All information, concepts and designs developed shall be the exclusive intellectual property of LS until final payment has been made. Upon receipt of final payment, said intellectual property shall be signed over and be made exclusive intellectual property of the client, for the scope of the property only. Any further use is strictly prohibited, unless written permission has been granted by LS. • LS will retain copies of all information, concepts and design developed for this project for archival purposes only. TERMS AND AVAILABILITY • LS will be available for mutually agreed upon meetings, conference calls, presentations, and travel. Additional meetings would be considered additional services and would be open to further negotiation. • Mock-ups (except as noted) are not included in the fee at this time but may be added as a separate line item at the owner's request. • This agreement shall be in effect from the date of acceptance of this proposal, to the completion of the project as detailed per agreed upon schedule TBD and signed by both parties. If consulting work on the project continues beyond this schedule or original scope of work, then this agreement will be open to further negotiations. • Receipt of CAD drawings provided by Client in a timely fashion is required to produce finished lighting documents. Any delay in this process will affect schedule. A minimum of 15 business days prior to deliverable is required. 1•Z•l�J�l�_►__r_\►1��1�C�]`►1:3�Z•]���I:iI���IX►� • LS's work and documents do not negate the need for electrical engineering services. Our plans and schedules may need to be incorporated into the general building electrical plans. • Client acknowledges that LS is a consultant who will provide creative design with mounting and electrical information that must be interpreted by the architects and the electrical, structural and mechanical engineers to ensure safety, and compliance with all codes, ordinance and regulations. • When maximum electrical lighting loads permitted by code are determined by others, LS will not commence any layouts until written information is received defining these loads or be responsible for any delays resulting there in, nor will the lighting consultant be responsible or assume the cost of any redesign resulting from error in such calculations performed by others. • LS will not be responsible for the specification of Building Management Systems controlling air conditioning or other building systems. • LS designs will meet local energy requirements (provided to us by local authorizes) or LEED requirements. However, LS will not prepare the compliance documents, unless otherwise Page 12 of 13 Burlingame Town Square CD Onward (22016) Proposal noted. LS will coordinate with the electrical engineer and provide the fixtures and layout information which they will need for the load calculations and documentation. LS will not be responsible for design of emergency or exit lighting systems or for designation of fixtures for emergency or exit lighting systems. LS will consult with engineer as necessary providing aesthetic input and comments as necessary on the fixtures or exit signs. We will suggest potential exit sign options and emergency fixture options, and then the engineer can choose which components will meet the requirements for his egress lighting system. The fixture options shall not be construed as an egress system design — rather the selected fixtures shall have aesthetic characteristics appropriate for the building. Please note that LS is a design firm providing recommendations to our clients. We are not qualified, licensed or insured to engineer life safety systems. LS will coordinate our plans with the emergency lighting system designed by the electrical engineers. LS will coordinate and consult within the limits of our expertise. LS will not be responsible for errors, equipment failures or delays caused by manufacturers, contractors, shippers, installers or users; nor is LS responsible for a contractor's failure to carry out the construction in a workmanlike manner or in accordance with contract documents or recommendations. It is understood that all publicity about the project where design credits are given shall include the name "Lightswitch" as lighting consultants. LS will not be responsible for any changes in our final drawings and specifications unless approved by LS in writing. Changes include but are not limited to substitutions of and/or manufacturers, variations in layout, quality and quantity of fixtures, etc. FOREIGN FEES AND TAXATION Any foreign based taxes resulting from the work defined in this proposal will be the financial responsibility of Client. Any foreign business registration or work permit costs resulting from the work defined in this proposal will be the financial responsibility of Client. All Documents issued by either party will be in English. If any document is provided to LS in a language other than English, translation of said documents will be the financial responsibility of the client. If the client requires any document to be issued in any language other than English, translation of said documents will be the financial responsibility of the client Page 13 of 13 January 13, 2023 BKF No 211823 Marco Esposito SWA 2200 Bridgeway Sausalito, California Transmitted Via Email Subject: Burlingame Town Square, Burlingame, California Civil Engineering Proposal Dear Mr. Esposito: ®i �® BKF Engineers welcomes the opportunity to submit this proposal for civil engineering and land surveying services associated with the next phases of the Burlingame Town Square project located in the City of Burlingame, California. To arrive at the estimated effort required for this project, we have outlined a proposed scope of services, identified assumptions, and determined a level of effort fee based on our understanding of the project. I. BASIS OF DESIGN Our proposal is based on the following: 1. Design Development drawings, dated 12/24/2022 2. E-mail from Marco Esposito on 1/3/23 II. SCOPE OF SERVICES TASK 1: CONSTRUCTION DOCUMENTS PHASE Coordination: Based on the comments received during Design Development, BKF will prepare documents for construction. We will continue to coordinate utility systems, hardscape, landscape and site grading with the team. BKF will further progress the design to ensure that backgrounds, utility points of connection and stormwater treatment areas are designed and detailed to the level required by the contractor to bid and construct. 2. Additional Survey Support: BKF will finalize the project property based on the 9/1/22 preliminary title report (NCS-1148162-SM) to validate final placement of the restroom building. We have also budgeted time for up to two separate site visits to perform supplemental topographic survey to support the design by validating as -built elevations of the adjacent project as well as additional culvert potholing. Potholing Support: BKF will coordinate with a potholing contractor to determine necessary potholing locations for design of the sewer main extension. We will survey the pothole locations to determine locations and existing surface elevations of identified utilities in order to determine existing elevations based on measurements by the potholing contractor. We assume that the potholing contractor will be contracted directly with the City. 4. Drawings: We will prepare the following drawings: • Civil Cover Sheet Notes & Legend Existing Conditions Demolition BKF ENGINEERS 1646 N. California Blvd., Suite 400, Walnut Creek, CA 94596 1925.940.2200 1/13/2023 • Utility Plan • Public Frontage Improvements: sewer main extension, new curb and gutter, sidewalk within the public right of way, and signage and striping • Stormwater Control Plan • Construction Details • Sedimentation and Erosion Control Plan 5. Calculations: BKF will prepare the following calculations and submit our findings in memorandum format: • Storm Drain hydrology and hydraulics • Sewer hydraulics for the lateral and main extension 6. NPDES C.3 Compliance: BKF will further develop the methods to meet the NPDES requirements for post - construction storm water discharge. BKF will work with the project architect and landscape architect to implement the site water quality features. BKF will prepare a Final Storm Water Control Report. This report will show calculations as well as site design features that will serve to treat the site stormwater. 7. Stormwater O&M Agreement: BKF will prepare an Operations and Maintenance Agreement defining the obligations of the land owner to operate and maintain the stormwater treatment facilities after construction is complete. The agreement will include details for each of the treatment facilities as well as reduced plans for the maintenance staff. We will work with the City and developer's attorney to finalize the negotiated agreement. We have assumed that the City will record the final document with the County. 8. Specifications: BKF will prepare final technical specifications in CSI format for elements included in our scope of work. 9. Submittals: BKF will provide Construction Document submittals at the 50% and 95% (permit submittal) level of completion. We assume that the City will provide feedback on the 50% to finalize the 95% submittal. 10. Project Approval: We have allocated fee for two (2) re -submittals to address minor comments that do not change the design of the civil improvements or overall scope. 11. Meetings: BKF has budgeted for up to twenty (20) hours of combined staff time to attend meetings and participate in conference calls during this phase. 1 I I NIM791]I91:i111 Bidding Support: BKF will support the City's bidding process by responding to bidders' questions pertaining to the final plans and specifications, and preparing a conform set if clarifications or changes to the Final Contract Documents including plans and specifications are needed. We have assumed sixteen (16) hours for this phase. TASK 3: CONSTRUCTION SUPPORT BKF has allocated up to a maximum of one hundred and twenty (120) hours of combined staff time to support the contractor and design team during the construction phase of the project. Anticipated services include written response to requests for information (RFI's), submittal review, site visits to provide clarification of the consultant's design intent for the contractor, architect or owner, stormwater facility construction observations, a punch visit and memo, and record drawings based on contractor markups. F PR Page 2 of 8 BKF ENGINEERS 1/13/2023 III. SCOPE QUALIFICATIONS AND ASSUMPTIONS BKF Engineers' services are limited to those expressly set forth in the scope. We understand that BKF will have no other obligations or responsibilities for the project except as provided in this proposal letter, or as otherwise agreed to in writing. BKF will provide the scope of services consistent with, and limited to, the standard of care applicable to such services. Any participation in non -adversarial procedures, or other right to repair items, is considered as additional services. For the scope of work identified, we have assumed the following: 1) Basis of Design and Site Information a) Geotechnical Report: A geotechnical report for the project will be provided. At a minimum, this report should address the required paving structural sections, earthwork and compaction recommendations, soil bearing pressures, surcharge pressures, settlement issues, soil infiltration/percolation rates, groundwater levels, and corrosion recommendations. b) Existing Utilities: Unless otherwise indicated or provided by others, any existing utilities identified on BKF's drawings/plans are based on information obtained by BKF, or provided to BKF, and may not be accurately documented in their horizontal location or vertical profile. Other utilities may be present that were not disclosed. BKF highly recommends that critical facilities be underground service alert (USA) located and potholed during design or prior to construction. c) Potholing: Potholing services are not included in this proposal unless specifically identified. We suggest budgeting approximately $20,000 for a potholing contractor to perform the potholing work (please note that this is a rough estimate at this point.) d) Existing Utility Capacities: Unless otherwise addressed, existing utilities have adequate capacity to serve the proposed improvements, that they are adjacent to the site frontage and do not require main extensions, and that utility system capacity studies are not required. e) Site Plan: At the completion of the Design Development phase, the site plan is final and only minor alterations will be made. Any significant changes from the architect or owner may necessitate additional fees. f) Legal Support: If requested, BKF can participate in non -adversarial procedures that would be considered as additional services. 2) Responsibilities a) Civil Engineering Scope Items: BKF's design tasks are limited to civil work outside of the structure(s) and utility connections 5-feet outside of the structure(s) including: site grading, non-structural concrete pavement, concrete sidewalks, concrete curbs and gutters, asphalt pavement, storm drainage, wastewater, and domestic water/fire water design. BKF will provide horizontal control for the building location relative to the project boundary. b) Architect: The architect will be responsible for the overall site plan including accessible routes of travel, details of site accessibility signage, parking counts, site coverage calculations, trash areas/enclosures, fencing and walls. A final site plan will be provided by the Architect prior to our beginning the CD phase. All work within the building (including any podium, porches, garages, or ramps) will be the architect's scope of work. F PR Page 3 of 8 BKF ENGINEERS 1/13/2023 c) Site Dry Utilities: All electric, gas, communications, and lighting improvements will be designed by others, unless specifically included in the civil scope of work. d) Fire System: Certification of the fire protection system from the point of connection at the public water main to the building sprinkler system must be provided by a properly -licensed fire protection engineer or contractor. e) Site Landscape/Irrigation: The landscape architect will provide landscape, irrigation design, and layout and details of walks, plazas, trails, entry monuments, walls, and/or fences. The architect and landscape architect will lead the design development efforts for the design, grading, and detailing of interior courtyards, plaza areas, hardscape and landscape areas. BKF will utilize the provided design intent and document the exterior site grading and drainage during the Construction Documents phase f) Structural Details: Structural calculations, design, and details for such items as reinforced concrete slabs, foundations, pads, vaults, footings, ramps, stairs, sound/site walls, and/or retaining walls will be provided by others. This includes structural design and detailing for storm water treatment elements that retain ground, parking, or buildings foundations. This also includes all work related to the culvert within the project limits, including inlet removal repair, new or replaced lids, and penetration or repair details. g) Mechanical, Electrical and Plumbing (MEP): All site HVAC, power, gas, communications, and low voltage improvements, and existing water pressures will be coordinated, designed, and documented by others. MEP will also provide preliminary fire service sizing based on the California Plumbing and Fire Code requirements and provide fire service lateral locations and sizes to BKF. h) Joint Trench Design: Services to the buildings, main extensions, and/or relocation of existing 'dry' utilities (gas, electric, communication, fiber, etc.) will be led by the joint trench/electrical designers unless otherwise contracted. Utility relocation/abandonment required as part of the street vacation process is assumed to be coordinated and processed by the Joint Trench Consultant. BKF will support their efforts and coordinate with the site design. Dry utilities designed by the joint trench consultant will be shown for coordination purposes only on the civil plans. i) Lighting Design & Photometric Analysis: Lighting design and photometric analysis for the site and public roadways will be provided by others. j) Traffic Signal Design: Design or modification of traffic signals is not currently included in our scope of work. BKF can provide these services if the City conditions these improvements to the project. k) Water Design: Proposal assumes that the project will require new water services for domestic, irrigation, and fire. We have not allocated budget to install public or private fire loops within the development or main extensions within the public right of way. 1) Mapping: We have not included time to prepare additional items not contained in the mapping scope of work. Additional mapping services such as subdivision maps, private easement documents, quit claims, ALTA's, right of way dedications, etc. not specifically listed in this proposal are not included. We anticipate that work within the alley over private property will require easements which BKF can prepare plats and legal descriptions for as needed as an additional scope item. m) Cost Estimating: All cost estimating will be provided by a project estimator. BKF will review the SD, DD, and CD estimates for general consistency with the plans and specifications. F PR Page 4 of 8 BKF ENGINEERS 1/13/2023 n) Pump Stations: Pump station design (electrical, mechanical, plumbing, and sitework) is not included in the basic scope of services. We can provide pump station design service as an additional scope item at your request. o) Earthwork: Due to the variability in soils properties, existing site conditions, foundation types and preparation, trench, imported material and other factors, no delineation of earthwork quantities or 'site balance' is implied with the scope of work. Any earthwork quantities generated are solely for bonding and permitting of the work with the local agency and must only be used as an approximate guide as to the actual earthwork and site balance. 3) Off -Site Improvements/Studies a) Off -Site Improvements: Off -site improvements are limited to designing new curb cuts along the project frontage and construction of new curb, gutter, sidewalk, a sewer main extension in Lorton Avenue as shown on the DID Utility Plan, and utility services to the public mains within the fronting public roads. If additional off -site improvements are subsequently required as a result of the planning entitlement or permitting process, we will notify you of the change in scope and provide an additional service request to cover the new scope. We have assumed that the minimal public improvements currently anticipated to support this development can be design and documented with the on -site improvement plans. 4) Meetings a) Meetings: Meetings are assumed to be held in the Bay Area or via remote conference. Meeting time requested beyond what we have budgeted is not included in this proposal. 5) Phasing, Delivery and Deliverables a) Phasing: The project will be permitted and constructed in one phase and that construction phasing plan(s), or interim condition plans, will not be required for this project. Proposal does not include preparing and processing split construction permits for demolition, rough grading, backbone utilities, etc. b) Submittals: All submittals, and the coordination thereof, will be facilitated by the lead consultant and /or owner representative. c) Permits: Unless otherwise specifically delineated in the scope of services, permit processing, applications, fees, and submittals to local, state, and federal agencies and utility purveyors will be provided by others. BKF will submit to the client delineated scope deliverables for client submission to governing agencies. d) Drawings: All drawings will be prepared in AutoCAD format. We will submit copies of all drawings in both electronic and paper format. e) Building Information Modeling (BIM): We have not included time to convert civil 3D design or existing conditions AutoCAD files into BIM model files. We have assumed all conversions will be by the architect. 6) Construction a) Utility Location Services: BKF has not included fee to contract with an underground utility location consultant to locate private utilities within the site. b) Traffic Control Plan and Construction Haul Route Plan: These will be prepared and coordinated by the Contractor. We can provide this service as an additional scope item at your request. c) Construction Staking: These services are assumed to be contracted directly with the general contractor and are not included. PRI Page 5 of 8 BKF ENGINEERS 1/13/2023 d) Post Construction Survey: Preparation of post construction record documents or as -built surveys are not included. e) Meetings: We have not included attendance at regularly scheduled construction meetings as part of the scope of services. IV. OPTIONAL SERVICES OPTIONAL TASK 1: WASTE COLLECTION AREA FEASIBILITY BKF will assist the design team with feasibility studies for re -configuring the waste collection in the parking area north of the Yves Delorme property. We will provide civil engineering input on waste collection concepts as needed. This would include, but is not limited to, markups to conceptual layouts and coordination of potential utilities. We have allocated enough fee to provide twenty (20) hours of support. V. SCHEDULE We understand that the design phase is anticipated to commence in March 2023, with design and permitting taking approximately 8 months. Bidding is anticipated to start in late 2023. Construction is anticipated to begin in January 2024 and last approximately 10 months. PRI Page 6 of 8 BKF ENGINEERS 1/13/2023 VI. COMPENSATION 1. BASE SCOPE OF WORK: BKF proposes to provide the services on a lump sum basis. We will invoice for our services on a percent complete basis per task summarized as follows: In addition, please budget $1,000 for reimbursable expenses. Reimbursable expenses are anticipated for reproduction, mileage, express and messenger deliveries, and computer deliverable plots. Reimbursable expenses will be billed on a cost plus 10-percent markup basis. 2. OPTIONAL SERVICES: At your request, BKF can provide the following optional services on a time and materials not to exceed basis in accordance with the attached rate schedule. Optional Task 1 - Waste Collection Area Feasibility 1 $5,000 For tasks requested by the owner or architect not defined in this scope of services, BKF will identify them as potential extra work. We can provide a scope and fee for these items or they may be tracked separately as extra work and billed on a time and materials per our attached rate schedule. Thank you for the opportunity to present this proposal. We look forward to assisting in developing this project. Please contact me at 925.94.2257 if you have any questions regarding our scope of services. Respectfully, BKF Engineers i Daniel Schaefer, PE Michael Steele, PE Principal/Vice President Project Manager F PR Page 7 of 8 BKF ENGINEERS BKF ENGINEERS PROFESSIONAL SERVICES RATE SCHEDULE EFFECTIVE JANUARY 1, 2023 CLASSIFICATION HOURLY RATE PROJECT MANAGEMENT Principal $288.00 Senior Associate Principal $268.00 Associate Principal $260.00 Senior Project Manager I Senior Technical Manager $253.00 Project Manager I Technical Manager $247.00 Engineering Manager I Surveying Manager I Planning Manager $228.00 TECHNICAL STAFF Senior Project Engineer I Senior Project Surveyor I Senior Project Planner $212.00 Project Engineer I Project Surveyor I Project Planner $186.00 Design Engineer I Staff Surveyor I Staff Planner $162.00 BIM Specialist I, II, III $162.00 - $186.00 - $212.00 Technician I, II, III, IV $154.00 - $164.00 - $180.00 - $194.00 Drafter I, II, III, IV $121.00 - $133.00 - $143.00 - $159.00 Engineering Assistant I Surveying Assistant Planning Assistant $101.00 FIELD SURVEYING Survey Party Chief $212.00 Instrument Person $182.00 Survey Chainperson $136.00 Utility Locator I, II, III, IV $110.00 - $156.00 - $187.00 - $213.00 Apprentice I, II, III, IV $83.00 - $112.00 - $124.00 - $132.00 CONSTRUCTION ADMINISTRATION Senior Consultant $277.00 Senior Construction Administrator $241.00 Resident Engineer $179.00 Field Engineer I, II, III $162.00 - $186.00 - $212.00 FUNDING & GRANT MANAGEMENT Director of Funding Strategies $198.00 Funding Strategies Manager $181.00 Funding/Research Analyst I, II, III, IV $124.00 - $144.00 - $153.00 - $168.00 PROJECT ADMINISTRATION Project Coordinator $135.00 Senior Project Assistant $117.00 Project Assistant $103.00 Clerical I Administrative Assistant $87.00 Expert witness rates are available upon request. Subject to the terms of a services agreement: • Charges for outside services, equipment, materials, and facilities not furnished directly by BKF Engineers will be billed as reimbursable expenses at cost plus 10%. Such charges may include, but shall not be limited to: printing and reproduction services; shipping, delivery, and courier charges; subconsultant fees and expenses; agency fees; insurance; transportation on public carriers; meals and lodging; and consumable materials. • Allowable mileage will be charged at the prevailing IRS rate per mile. • Monthly invoices are due within 30 days from invoice date. Interest will be charged at 1.5% per month on past due accounts. • The rates shown are subject to periodic increases, including January 1st of each year. BKF ENGINEERS' 2063 Grant Road Los Altos, CA 94024 Phone 650 386 1812 • • consultants January 4, 2023 Marco Esposito SWA 2200 Bridgeway Sausalito, CA 94965 Re: Cost Consulting Services — Burlingame Town Square, Burlingame, California Dear Marco, TBD Consultants is pleased to provide the following proposal for cost estimating and cost consulting services for the Burlingame Town Square, located in Burlingame, California. We understand the project to comprise of converting an existing parking lot into a plaza including paving, site structures and furnishings, site drainage and lighting. Scope of Services Prepare a single cost estimate for the site work described above based on 95% CD Documents. Update the cost estimate based on Design Team and Owner review. The cost estimate will provide composite unit rates where applicable reflecting the scope of work and the current market conditions. We will not obtain any bids or opinions of cost from subcontractors unless the work is of such a unique nature that no other cost information is available. No bids or third -party opinions will be obtained without prior approval from the client. We have assumed reconciliation with estimates prepared by others will not be required. We propose to provide an estimate based on CSI Uniformat. Fee We propose to provide the above service based on a lump sum fee: 95% CD Cost Estimate (56 Hours) ............................................ $12,600.00 Estimate Reconciliation with one Prepared by Others .........................Excluded TOTAL............................................................................. $12,600.00 The fee includes expenses incurred in preparation and distribution of any required Reports by email. Project Management I Construction Cost Management • • consultants Expenses such as drawing reproduction, courier services, special mailing services (Federal Express, Express Mail etc.), and other abnormal costs are excluded and will be charged at cost plus 10% administration. We request 10 working days to complete our cost estimate at each design stage after written approval of our fee proposal. We also request at no charge to TBD Consultants one complete set of PDF file of drawings and specifications. Payment and Terms We will issue a monthly invoice. Payment will be due thirty (30) calendar days after the date of invoice. Our proposal remains open for a period of ninety (90) days. After this time, we will be pleased to review the proposal, make any required amendments, and re -submit for your review and approval. Work will be completed under the direction of Deo Bhalotia We trust that we have interpreted your requirements correctly, if you have any questions or suggested amendments, please do not hesitate to contact the undersigned. If you would like to proceed with the above services, please complete and return the authorization below. We look forward to working with you on this project. On behalf of TBD Consultants On behalf of SWA Deo Bhalotia Project Manager Accepted by: Date: Project Management I Construction Cost Management i i I i i i i i i i i W Z W Q W Q Z OC m *' • s ' + A tX 7 4 ♦ - J r . Z f � t BURLINGAME TOWN SQUARE Client CITY OF BURLINGAME 501 PRIMROSE ROAD BURLINGAME CA 94010 Landscape Architect swa 2200 Bridgeway Sausalito CA 94965 www.swagroup.com 415.332.5100 Consultant Stamp Revisions F L i — 2 3 4 5 6 _ IIII� I 7 J 8 10 220 PARK I(ey Plan OFFICE I LOBBY Date I NOVEMBER 21, 2022 Phase I DD Job Number BMET201 I Scale North I I I 0 10 20 I Drawing Title SITE PLAN ---------------------------- -------- J I I I I I I I PARK ROAD Drawing Number LOOO