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Home My WebLink AboutAgenda Packet - CC - 2023.05.01INGAME HALL City of Burlingame B501 PRIMROSE ROAD 501 PRIMROSE ROAD BURLINGAME F, BURLINGAME, CA 94010 Meeting Agenda - Final City Council Monday, May 1, 2023 7:00 PM Council Chambers/Zoom Consistent with Government Code Section 54953, this City Council Meeting will be held via Zoom and in person. 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 the 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: 853 1493 5646 Passcode:460338 To Access the Meeting by Phone: Dial 1-669-900-6833 Meeting ID: 853 1493 5646 Passcode:460338 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 4/27/2023 City Council Meeting Agenda - Final May 1, 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, May 1, 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: 853 1493 5646 Passcode:460338 To access the meeting via phone: Dial 1-669-900-6833 Meeting ID: 853 1493 5646 Passcode:460338 2. PLEDGE OF ALLEGIANCE TO THE FLAG 3. ROLL CALL 4. REPORT OUT FROM CLOSED SESSION 5. UPCOMING EVENTS 6. PRESENTATIONS a. Proclamation for Mary Herman's 100th Birthday b. Racial and Identity Profiling Act ("RIPA") Report from the Police Department 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. City of Burlingame Page 2 Printed on 4/27/2023 City Council Meeting Agenda - Final May 1, 2023 8. APPROVAL OF CONSENT CALENDAR Consent calendar items are usually approved in a single motion, unless pulled for separate discussion. Any member of the public wishing to comment on an item listed here may do so by submitting a speaker slip for that item in advance of the Council's consideration of the consent calendar. a. Approval of City Council Meeting Minutes for the April 17, 2023 Closed Session Attachments: Meeting Minutes b. Approval of City Council Meeting Minutes for the April 17, 2023 Regular City Council Meeting Attachments: Meeting Minutes C. Adoption of an Ordinance Renewing the Burlingame Police Department Military Equipment Use Policy; CEQA Determination: Exempt Pursuant to State CEQA Guidelines Sections 15378; 15061(b)(3) Attachments: Staff Report Ordinance Military Equipment Use Policy List of Military Equipment BPD 2022 Annual Military Equipment Report April 17 Staff Report d. Adoption of a Resolution Accepting the 2022 Street Resurfacing Program by Radius Earthwork, Inc., City Project No. 86220 Attachments: Staff Report Resolution Final Progress Payment Protect Location Map e. Adoption of a Resolution Rescinding the Water Shortage Emergency Declaration Adopted on June 6, 2022 and Directing Staff to Continue to Implement Water Use Restrictions Consistent with the Requirements of Title 23, Sections 995 and 996 of the California Code of Regulations for the Duration of the Emergency Regulation Attachments: Staff Report Resolution Governor's Executive Order N-5-23 San Francisco Public Utilities Commission Agenda Item 6 from April 11, 2023 f. Open Nomination Period to Fill One Vacancy on the Library Board of Trustees Attachments: Staff Report City of Burlingame Page 3 Printed on 4/27/2023 City Council Meeting Agenda - Final May 1, 2023 9. PUBLIC HEARINGS (Public Comment) a. Public Hearing and Adoption of a Resolution Approving the City of Burlingame Master Fee Schedule for Fiscal Year 2023-24 Attachments: Staff Report Resolution 2023-24 Proposed Master Fee Schedule b. Public Hearing and Adoption of Broadway Area Business Improvement Assessments for Fiscal Year 2023-24 Attachments: Staff Report Resolution Assessment Roll 10. STAFF REPORTS AND COMMUNICATIONS (Public Comment) a. Discussion of a Possible Community Event Street Closure Program for Burlingame Avenue Attachments: Staff Report March 8, 2023 EDS Meeting Minutes 2023 Street Closure Survey Summary 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, May 1, 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, May 1, 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 4/27/2023 City Council Meeting Agenda - Final May 1, 2023 NEXT CITY COUNCIL MEETING FY 2023-24 Budget Study Session on Wednesday May 10, 2023 at 6:30 p.m. Regular City Council Meeting on Monday, May 15, 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 4/27/2023 81 CITY O BURLINGAME a 9 �9nTEo JVNE b BURLINGAME CITY COUNCIL Unapproved Minutes Closed Session on April 17, 2023 1. CALL TO ORDER Agenda Item: 8a Meeting Date: May 1, 2023 A duly noticed meeting of the Burlingame City Council was held on the above date in Conference Room A at 6:15 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 Sa9Sh_R 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 economic conflict of interest. City Attorney Guina stated that direction was given but no reportable action was taken. 5. ADJOURNMENT Mayor Brownrigg adjourned the meeting at 6:57 p.m. Respectfully submitted, 1 Agenda Item: 8a Meeting Date: May 1, 2023 Meaghan Hassel -Shearer City Clerk CITY c- BVRL{NGAM_E �e a 9 BURLINGAME CITY COUNCIL Unapproved Minutes Regular City Council Meeting on April 17, 2023 1. CALL TO ORDER Agenda Item: 8b Meeting Date: May 1, 2023 A duly noticed meeting of the Burlingame City Council was held on the above date in person and via Zoom Webinar at 7:02 p.m. 2. PLEDGE OF ALLEGIANCE TO THE FLAG The pledge of allegiance was led by two members of the San Bruno Scout Troop. 3. ROLL CALL MEMBERS PRESENT: Beach, Brownrigg, Colson, Ortiz, Stevenson MEMBERS ABSENT: None a. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION Sa4SF, R PROPERTY: 1200 -1340 OLD BAYSHORE HIGHWAY, BURLINGAME, CALIFORNIA 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 an economic conflict of interest. City Attorney Guina reported that direction was given, but no reportable action was taken. 5. UPCOMING EVENTS Mayor Brownrigg reviewed upcoming events in the city. 6. PRESENTATIONS 1 Agenda Item: 8b Meeting Date: May 1, 2023 a. PROCLAMATION RECOGNIZING EVA CHEN Teen Librarian Jenny Miner introduced Eva Chen, a Burlingame High School senior who recently won the Princeton Prize in Race Relations Certificate of Accomplishments. In honor of National Poetry Month, Ms. Chen recited one of her own poems and a poem by Tonya Ingram. Vice Mayor Colson asked for a copy of Ms. Chen's poem. Councilmember Beach asked if Ms. Chen feels that poetry must be read out loud. Ms. Chen responded that she likes to feel the words and therefore often reads them out loud. Mayor Brownrigg presented Ms. Chen with a proclamation that recognized her artistic achievements. 7. PUBLIC COMMENTS, NON -AGENDA Al Comolli representing Citizens for a San Mateo County Gun Buyback announced that the organization's next gun buyback event is scheduled for May 6 at 1050 Mission Road in South San Francisco. 8. APPROVAL OF CONSENT CALENDAR Mayor Brownrigg asked the Councilmembers and the public if they wished to remove any item from the Consent Calendar. No items were removed. Councilmember Ortiz made a motion to approve the Consent Calendar; seconded by Vice Mayor Colson. The motion passed unanimously by roll call vote, 5-0. a. APPROVAL OF CITY COUNCIL MEETING MINUTES FOR THE MARCH 20, 2023 CITY COUNCIL MEETING City Clerk Hassel -Shearer requested Council approve the City Council Meeting Minutes for the March 20, 2023 Closed Session. b. APPROVAL OF CITY COUNCIL MEETING MINUTES FOR THE APRIL 3, 2023 REGULAR CITY COUNCIL MEETING City Clerk Hassel -Shearer requested Council approve the City Council Meeting Minutes for the April 3, 2023 Regular City Council Meeting. ADOPTION OF A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A SERVICE AGREEMENT WITH ON -CAMERA PRODUCTIONS FOR VIDEO COVERAGE OF CITY COUNCIL, PLANNING COMMISSION, AND TRAFFIC, SAFETY AND PARKING COMMISSION MEETINGS Agenda Item: 8b Meeting Date: May 1, 2023 City Clerk Hassel -Shearer requested Council adopt Resolution Number 041-2023. d. ADOPTION OF A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE AGREEMENT WITH CONFERENCE TECHNOLOGIES. INC. FOR BACKUP POWER AND POWER CONDITIONERS FOR COUNCIL CHAMBER EQUIPMENT IN THE AMOUNT OF $9,830.10 City Clerk Hassel -Shearer requested Council adopt Resolution Number 042-2023. 9. PUBLIC HEARINGS a. PUBLIC HEARING AND RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME ADJUSTING THE STORM DRAINAGE FEE FOR FISCAL YEAR 2023-24 BY 2.0% BASED ON THE CPI — SAN FRANCISCO AREA AS PUBLISHED ON MARCH 14. 2023 Finance Director Yu -Scott stated that in 2009, the voters approved a storm drainage fee to fund the City's storm drain related capital improvement projects. She explained that the ordinance allows the City to adjust the rate annually by CPI, but not to exceed 2%. She noted that the February CPI is over 5%, and therefore staff recommends a 2% increase for FY 2023-24. Councilmember Beach stated that it seemed like the impact would be about $6 per parcel. Finance Director Yu -Scott replied in the affirmative. Mayor Brownrigg opened the public hearing. No one spoke. Councilmember Beach made a motion to adopt Resolution Number 043-2023; seconded by Councilmember Stevenson. The motion passed unanimously by roll call vote, 5-0. b. INTRODUCTION OF AN ORDINANCE RENEWING THE BURLINGAME POLICE DEPARTMENT MILITARY EQUIPMENT USE POLICY: CEQA DETERMINATION: EXEMPT PURSUANT TO STATE CE GUIDELINES SECTIONS 15378. 15061(b)(3 City Attorney Guina stated that AB 481, a law that became effective January 1, 2022, requires law enforcement agencies to adopt a military equipment use policy ("Policy") prior to taking certain actions relating to the funding, acquisition, or use of military equipment as that term is defined by the statute. He explained that pursuant to AB 481, the Policy must be adopted by ordinance at a regular meeting of the governing body for that law enforcement agency. City Attorney Guina stated that on May 2, 2022, the City Council adopted Ordinance Number 2005, which included Burlingame Police Department's Military Equipment Use Policy and a list of military equipment. City Attorney Guina stated that the Burlingame Police Department does not possess any tactical equipment from the military, nor does it possess any equipment that was designed for military use. He explained that Agenda Item: 8b Meeting Date: May 1, 2023 the police department does possess some types of police equipment that fall under the broad definition of military equipment in AB 481, including the following: • AR-15 semiautomatic rifle capable of firing 5.56 mm projectile bullets • M4 select fire rifle • 40 mm less lethal launchers and kinetic energy munitions • pepperball FTC pepperball less lethal pepperball launchers and pepperball munitions City Attorney Guina stated that pursuant to AB 481, because the police department participates in the North County Regional SWAT, the military equipment that is used by that SWAT team must be included. He explained that the North County Regional SWAT utilizes the following military equipment: • Drones • Mine resistant ambush protected vehicles • Wheeled vehicles with breaching apparatus • Battering rams/slugs • AR-15 • Flashbang grenades, tear gas, pepper balls • Long range acoustic device He noted that the above listed equipment is owned by other cities. City Attorney Guina stated that AB 481 requires the City to adopt an annual military equipment report for each type of military equipment approved by the governing body within one year of approval, and annually thereafter for as long as the military equipment is available for use. He added that the annual report is required to be made publicly available on the police department's website. City Attorney Guina stated that within 30 days of submitting and publicly releasing the annual military equipment report, the law enforcement agency must hold at least one well -publicized and conveniently located community meeting. He explained that the meeting is to allow the general public to discuss and ask questions regarding the annual report and the law enforcement agency's funding, acquisition, or use of military equipment. He noted that the police department prepared its 2022 annual report and posted it on the department's website on April 6. Following the public release of the report, on April 11, 2023, Chief Matteucci, Captain Boll, and City Attorney staff held a meeting at the Community Center that was open to the general public. City Attorney Guina stated that AB 481 requires that the Council may only renew the ordinance if it determines all of the following: The military equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety; The proposed Policy will safeguard the public's welfare, safety, civil rights, and civil liberties; If purchasing equipment, the equipment is reasonably cost-effective compared to available alternatives that can achieve the same objectives of officer and civilian safety; and 4 Agenda Item: 8b Meeting Date: May 1, 2023 Prior military equipment complied with the Policy that was in effect at the time, or if prior uses did not comply with the Policy, that corrective action has been taken to remedy nonconforming uses and ensure future compliance Vice Mayor Colson asked if partner agencies acquire large tactical equipment during the year, would it be covered in the next report. City Attorney Guina replied in the affirmative. Vice Mayor Colson asked if the City helps make the decision on whether to purchase equipment in a partnership. Police Chief Matteucci stated that for North County SWAT, while the City doesn't have a say in what other cities purchase, the City does have a say in what equipment is used in Burlingame. Councilmember Stevenson asked why the annual report does not include the equipment of other law enforcement agencies like the Sheriff's Office that may act in the city. Police Chief Matteucci stated that other agencies may come into the city, but they must first ask permission to engage in the city. He explained that it wouldn't make sense to list all equipment that might possibly be used in the city by other agencies. Councilmember Beach asked who funds the SWAT team. Police Chief Matteucci stated that each City funds its own officers and equipment. Mayor Brownrigg opened the public hearing. No one spoke. Councilmember Ortiz made a motion to bring back the proposed ordinance for a second reading; second by Councilmember Stevenson. The motion was approved unanimously by roll call vote, 5-0. 10. STAFF REPORTS AND COMMUNICATIONS a. CONSIDERATION OF TWO APPOINTMENTS TO THE MEASURE I CITIZENS' OVERSIGHT COMMITTEE City Manager Goldman stated that due to the expiring terms of Stephanie Lee and Sandeep Shroff, the Measure I Citizens' Oversight Committee has two vacancies. She noted that the vacancies were publicized, and staff notified past applicants. She explained that the City received two applications as of the application deadline of Friday, February 24, 2023. She added that committee members Stephanie Lee and Sandeep Shroff did not re -apply, and therefore the City extended the deadline. City Manager Goldman stated that on April 11, 2023, the City Council interviewed applicants Todd Gemmer and Peter Roddy. She explained that the appointees' terms will be for three years, ending on February 20, 2026. Mayor Brownrigg opened the item up for public comment. No one spoke. The Council filled out their ballots, and the City Clerk tabulated their ballots. Agenda Item: 8b Meeting Date: May 1, 2023 Congratulations to Peter Roddy and Todd Gemmer. b. CONSIDERATION OF APPOINTMENT TO THE PLANNING COMMISSION City Manager Goldman stated that due to the expiring term of Commissioner Gaul, the Planning Commission currently has one vacancy. She explained that the vacancy was publicized, and notice was sent to past applicants. She noted that the City received one application as of the deadline. However, because Commissioner Gaul elected not to re -apply, the deadline was extended. As of the extended deadline of March 17, there were two applications. City Manager Goldman stated that on April 11, 2023, the City Council interviewed applicants Adam Glick and Walker Shores. She explained that the appointee's term will be for four years, ending on April 7, 2027. Mayor Brownrigg opened the item up for public comment. No one spoke. The Council filled out their ballots, and the City Clerk tabulated their ballots. Congratulations to Walker Shores on his appointment to the Planning Commission. The Council thanked both candidates for applying. c. APPOINTMENT OF A DIRECTOR TO THE BOARDS OF THE BAY AREA WATER CONSERVATION AGENCY AND THE BAY AREA REGIONAL WATER FINANCING AUTHORITY At the Mayor's discretion this item was moved to after 10d "Consideration of a Surveillance Technology Ordinance". DPW Murtuza stated that to serve as a Director on both boards, the appointee must be a resident and registered voter of the City, but the individual does not need to be a City Councilmember. He noted that the term for this appointment will be for four years, effective July 1, 2023 and expiring June 30, 2027. DPW Murtuza stated that although not a requirement, an advantage of appointing a currently serving or former elected member of Council to the boards is the stature that the Councilmember's presence gives BAWSCA in its dealings with San Francisco, regulatory agencies, and legislators. Mayor Brownrigg asked the Council to first consider whether the Council agreed it should be a current Councilmember. The Council agreed. The Council discussed the benefits of appointing Councilmember Stevenson as Director to the Board of the Bay Area Water Conservation Agency and the Bay Area Regional Water Financing Authority. 6 Agenda Item: 8b Meeting Date: May 1, 2023 Mayor Brownrigg opened the item up for public comment. No one spoke. Vice Mayor Colson made a motion to appoint Councilmember Stevenson as a Director to the Boards of the Bay Area Water Conservation Agency and the Bay Area Regional Water Financing Authority; seconded by Councilmember Ortiz. The motion passed unanimously by roll call vote, 5-0. d. CONSIDERATION OF A SURVEILLANCE TECHNOLOGY ORDINANCE At the Mayor's discretion this item was moved to before 10c "Appointment of a Director to the Boards of the Bay Area Water Conservation Agency and the Bay Area Regional Water Financing Authority". City Attorney Guina stated that at their April 4, 2022 meeting, the City Council discussed and authorized deployment of Automated License Plate Readers ("ALPRs"). He explained that as part of the discussion, the Council also considered whether to adopt a surveillance technology ordinance as part of the ALPR program. He noted that ultimately, the Council decided not to proceed with the surveillance technology ordinance as part of the ALPR deployment. However, Councilmember Beach asked and received support for a Future Agenda Item to continue the Surveillance technology discussion. City Attorney Guina explained that a surveillance technology ordinance governs the procurement and oversight of surveillance technology. He stated that the Council has complete discretion to define "surveillance technology," but the term can be defined as software, a device, or an electronic system used primarily to collect and retain data on an individual or group. He gave examples of surveillance technology including ALPRs, gunshot detectors, and facial recognition software. City Attorney Guina stated that a surveillance technology ordinance could require the Council to consider and adopt a surveillance impact report and a surveillance use policy prior to the acquisition, use, or sharing of data involving surveillance technology. He added that the ordinance could require the Council to have an annual review of the City's surveillance technology. City Attorney Guina reviewed what could go into a surveillance use policy: • Purpose of the surveillance technology • Authorized uses of the technology and the rules and procedures for the use of technology • Data collection, data access, data protection, data sharing, and data retention • How the collected data may be accessed by members of the public • Training required for users of the technology • Auditing and oversight for compliance with the policy City Attorney Guina reviewed what could go into a surveillance impact report for each type of technology proposed: • The surveillance technology and how it works • The proposed purpose of the technology 7 Agenda Item: 8b Meeting Date: May 1, 2023 • The proposed location(s) for deployment of the technology and crime statistics for the location(s) • An assessment of any potential impact on civil liberties and civil rights, as well as any plans to safeguard rights of the public • The costs of the technology and sources of funding • How and where the data collected will be stored and handled • The experience, if any, of other governmental agencies who have used the same or similar technology, including an analysis of the effectiveness and any known adverse impacts, including unanticipated costs, civil rights or civil liberties impacts, and failures in the technology City Attorney Guina stated that the ordinance would require an annual surveillance report. City Attorney Guina stated that the cities of Davis, Berkeley, Oakland, San Francisco, and San Diego have adopted a surveillance technology ordinance. Councilmember Ortiz asked if the annual report would be brought to Council. City Attorney Guina replied in the affirmative. Vice Mayor Colson stated that no other city in San Mateo County that have ALPRs have surveillance ordinances. She asked if any other city in San Mateo County has ALPR policies. City Attorney Guina replied that each city that has ALPRs also has policies in place for the ALPRs. Vice Mayor Colson asked if the City does adopt an ordinance what the difference in enforcement is for an ordinance versus a policy. City Attorney Guina replied that the ordinance has the force of law and requires the City to do certain things. He explained that a policy creates guiding principles that should be considered. Councilmember Stevenson asked if the policy that was written for ALPRs is adequate to cover other surveillance technology. City Attorney Guina replied in the negative. He stated that it focuses on ALPRs. Mayor Brownrigg opened the item up for public comment. Secure Justice Executive Director Brian Hofer stated that he has worked with municipalities across the country on their surveillance technology ordinances. He discussed the importance of the annual report that is included in surveillance technology ordinance. He explained that while some types of technology might not have privacy concerns, there is a taxpayer component that should require annual reviews of whether the technology is necessary. Mr. Hofer stated that the ordinance helps to create greater transparency, ensures community input, and creates legal protections. He noted that he has templates that the City could use to customize its own ordinance. E3 Agenda Item: 8b Meeting Date: May 1, 2023 Mayor Brownrigg asked if a surveillance technology ordinance would help the City preemptively address questions regarding future technology and how it might negatively impact groups. Mr. Hofer replied in the affirmative. He explained that a surveillance technology ordinance gives the City the tools to evaluate technology prior to purchasing and using it. Councilmember Beach asked what technology would be applicable to this ordinance. Mr. Hofer stated that fixed cameras, GPS trackers, and potentially body worn cameras. He noted that these ordinances assist the City in narrowing how these types of technology are used and what the retention policy is for the data collected. He warned about commingling data with other agencies. Mayor Brownrigg closed public comment. Councilmember Ortiz stated that when the Council decided to move forward with ALPRs, this policy was discussed. He noted that he was in favor of adopting a policy in order to create guardrails for future technology. Vice Mayor Colson stated that she was in favor of a policy not an ordinance. She asked if the City currently uses facial recognition software. City Attorney Guina replied in the negative. Vice Mayor Colson asked what types of surveillance technology the City uses other than ALPRs. City Attorney Guina replied that the City has cameras. Mayor Brownrigg asked if he was correct that the ordinance wouldn't regulate a particular type of surveillance technology; instead, it would provide the Council, public, and staff with the structure on how to review future purchases. City Attorney Guina replied in the affirmative. Vice Mayor Colson noted that if facial recognition software was brought to the Council, she would vote it down. She added that she didn't think this proposed ordinance was needed as the City wasn't utilizing surveillance technology, unlike a bigger city. City Attorney Guina noted that the police department does have a policy in place for body worn cameras and the retention of the data obtained. Councilmember Ortiz asked if an individual could sue the City if it wasn't upholding a policy. City Attorney Guina stated that people can sue on policies and ordinance violation. He noted that the ordinance has the trappings of law, while a policy doesn't have that same weight. Councilmember Beach stated that what she likes about this ordinance is that it says surveillance technology is important enough and of a concern that the City wants to go the extra mile on how it is implemented in the City. She thought the type of impact reports that would come from this type of ordinance would look more carefully at civil liberties. The Council discussed the pros and cons of ordinances versus policies for surveillance technology. 9 Agenda Item: 8b Meeting Date: May 1, 2023 Mayor Brownrigg stated that if the City wanted to repeal an ordinance, it would take a lot more process and action than if a policy is terminated. He added that he liked all of the processes and protocols that are put into surveillance ordinances to outline how the City and staff goes about thinking of future technology. Vice Mayor Colson stated that she thought a policy would assist the City with reviewing future surveillance technology. She noted that she believed other cities in the Bay weren't adopting surveillance technology ordinances because they aren't thinking about purchasing facial recognition software and other technology. She added that the City's ALPR policy was working and had assisted the City. She explained that her opinion would be to create a policy and then see if later down the line it needed to be turned into an ordinance. Councilmember Stevenson stated that he thought an ordinance or a policy would be equally effective. Councilmember Beach stated that she thought the Council would have had a more well-informed decision on ALPRs if a surveillance technology ordinance was in place at the time. She voiced concerns about ensuring transparency when purchasing surveillance technology and utilizing another jurisdiction's technology. She thought that adopting an ordinance would allow for better discussions and transparency. Councilmember Ortiz asked if the City's current ALPR policy requires an annual report. Police Chief Matteucci stated that he would need to get back to Council with whether an annual report is required. However, he noted that if it isn't required, he could amend the policy. He added that he does send monthly reports to Council on ALPRs. Police Chief Matteucci stated that policies and ordinances are only good if they are followed. He discussed how serious the police department takes its policies. He explained that any use of force in the police department has to follow a thorough review in accordance with the department's policy. Mayor Brownrigg suggested having staff develop a policy for surveillance technology. City Attorney Guina stated that the policy could include as much detail as the Council wants. He gave the example of including how the policy is amended. Councilmember Beach stated that she hopes that in the future the City adopts an ordinance. However, she noted that what she cares the most about is that the City is thinking in these terms before the next technology is purchased or utilized. Mayor Brownrigg and the Council agreed that the first step was to start with a robust policy. 11. COUNCIL COMMITTEE AND ACTIVITIES REPORTS AND ANNOUNCEMENTS Council reviewed their committee appointments. 10 Agenda Item: 8b Meeting Date: May 1, 2023 12. FUTURE AGENDA ITEMS There were no 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 Library Board of Trustees are available online at www.burlingame.org. 14. ADJOURNMENT Mayor Brownrigg adjourned the meeting 8:50 p.m. Respectfully submitted, Meaghan Hassel -Shearer City Clerk 11 I BURLINGASTAFF REPORT Avovw To: Honorable Mayor and City Council Date: May 1, 2023 From: Michael Guina City Attorney Mike Matteucci, Chief of Police AGENDA NO: 8c MEETING DATE: May 1, 2023 Subject: Adoption of an Ordinance Renewing the Burlingame Police Department Military Equipment Use Policy; CEQA Determination: Exempt pursuant to State CEQA Guidelines Sections 15378, 15061(b)(3) RECOMMENDATION Staff recommends that the City Council adopt the proposed Ordinance renewing the Burlingame Police Department Military Equipment Use Policy ("Policy"). Staff recommends the following procedure: A. By motion, adopt the proposed Ordinance. B. Direct the City Clerk to publish a summary of the Ordinance within 15 days of adoption. nicri issinN AB 481 (Government Code section 7070 et seq.) requires adoption of a Policy before the law enforcement agency can take action to: request military equipment; seek funds (such as grants or in -kind donations) for acquiring military equipment; actually acquire military equipment, either permanently or temporarily by owning, borrowing, or leasing; collaborate with other law enforcement agencies to deploy or use military equipment in the agency's territorial jurisdiction; use new or existing military equipment in a manner not previously subject to AB 481's scope; solicit or respond to a proposal for, or enter into an agreement with, any person or entity to seek funds for, apply for, acquire, use, or collaborate in using military equipment; or to acquire military equipment through any other means not specifically detailed in the statute. The City Council conducted a duly noticed public and adopted the first reading of the proposed Ordinance to renew the current Policy at its regular meeting on April 17, 2023. No changes to the proposed Ordinance were requested; therefore, the Ordinance is presented to the City Council for second reading and adoption. The staff report from the April 17 meeting is attached for reference. FISCAL IMPACT Since the department is not proposing to purchase new military equipment, but only seeks to continue using current equipment, there is no fiscal impact associated with approval of this Ordinance renewing the Policy. 1 Adoption of an Ordinance Adopting Military Equipment Use Policy May 1, 2023 Exhibits: Proposed Ordinance • Military Equipment Use Policy • List of Military Equipment • 2022 Annual Military Equipment Report April 17 Staff Report 2 ORDINANCE NO. AN ORDINANCE OF THE CITY OF BURLINGAME RENEWING THE BURLINGAME POLICE DEPARTMENT MILITARY EQUIPMENT USE POLICY; CEQA DETERMINATION: EXEMPT PURSUANT TO STATE CEQA GUIDELINES SECTION 15378 AND 15061(b)(3) WHEREAS, California Assembly Bill 481 (AB 481) became effective January 1, 2022, which requires law enforcement agencies to adopt a military equipment use policy ("Policy") prior to taking certain actions relating to the funding, acquisition, or use of military equipment as defined by the statute; and WHEREAS, AB 481 requires adoption of the Policy before the law enforcement agency can take action to request military equipment; seek funds (such as grants or in -kind donations) for acquiring military equipment; actually acquire military equipment, either permanently or temporarily by owning, borrowing, or leasing; collaborate with other law enforcement agencies to deploy or use military equipment in the agency's territorial jurisdiction; use new or existing military equipment in a manner not previously subject to AB 481's scope; solicit or respond to a proposal for, or enter into an agreement with, any person or entity to seek funds for, apply for, acquire, use, or collaborate in using military equipment; or to acquire military equipment through any other means not specifically detailed in the statute; and; WHEREAS, Government Code Section 7070 provides a list of types of equipment that are to be considered military equipment for purposes of compliance with AB 481 and the Government Code; and while the Burlingame Police Department does not possess any tactical equipment that it has obtained from the military, nor does it possess any equipment that was designed for military use, it does possess some types of equipment that are listed in Section 7070; additionally, the Burlingame Police Department participates in a regional S.W.A.T. team, which possesses and utilizes additional types of equipment that qualify as military equipment according to the Government Code; and WHEREAS, AB 481 provides that the Policy must be adopted by ordinance at a regular meeting of the governing body, i.e., the City Council for the law enforcement agency; and WHEREAS, on May 2, 2022, the City Council enacted Ordinance No. 2005, adopting a Military Equipment Use Police for the Burlingame Police Department, and approving use of the military equipment described in the Policy; and WHEREAS, pursuant to AB 481, this Ordinance shall be reviewed by the City Council at least annually, and based on an annual military equipment report that must be submitted to the City Council, the City Council shall determine whether each type of military equipment identified in the report has complied with the standards for continued approval; if the City Council cannot make such a determination, it shall either disapprove a renewal of the authorization for that type of equipment, or require modifications to the Policy in a manner to resolve the lack of compliance; and WHEREAS, the Burlingame Police Department prepared an Annual Report of military equipment used in 2022, and publicly released the Annual Report on its webpage on April 6, 2023; thereafter, on April 11, 2023, the Department held a well -publicized community meeting at the Burlingame Community Center which was open to the general public for the purpose of presenting the 2022 Annual Report and answering questions regarding the deployment of the Department's military equipment; and WHEREAS, the City Council has reviewed the 2022 Annual Report, and at a regular meeting considered renewal of the ordinance authorizing use of military equipment; and WHEREAS, in order to comply with AB 481 and the California Government Code, the City Council wishes to renew the ordinance authorizing the continued use of military equipment; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BURLINGAME DOES ORDAIN AS FOLLOWS: Section 1. Incorporation of Recitals 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. Findings Pursuant to Government Code sections 7071(e)(1),(2), and (d)(1), as may be amended or renumbered from time to time, the City Council hereby makes the following findings in support of its adoption of the Policy: A. The military equipment identified in the Policy is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety. B. The proposed Policy will safeguard the public's welfare, safety, civil rights, and civil liberties. C. If the Police Department purchases military equipment pursuant to the Policy, the equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety. D. Prior military equipment use complied with the military equipment use policy that was in effect at the time, or if prior uses did not comply with the accompanying military equipment use policy, corrective action has been E taken to remedy nonconforming uses and ensure future compliance. Section 3. Military Equipment Use Policy Adopted In light of the findings set forth in Section 2, and in accordance with AB 481, the City Council, as the Governing Body described in AB 481, renews the Burlingame Police Department Military Equipment Use Policy and use of the military equipment described therein. Section 4. CEQA Determination The City Council finds and determines this 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 5. Severability 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 6. Effective Date This Ordinance shall go into effect 30 days following its adoption. Section 7. Publication The City Clerk is directed to publish this ordinance in a manner required by law. Section 8. Codification This Ordinance shall not be codified in the Burlingame Municipal Code. 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 17tn day of April 2023 and adopted thereafter at a regular meeting of the City Council held on the day of by the following votes: 3 AYES: NOES: ABSENT ATTEST: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: Meaghan Hassel - Shearer, City Clerk EXHIBIT A Burlingame Police Department Burlingame PD Policy Manual Military Equipment 708.1 PURPOSE AND SCOPE The purpose of this policy is to provide guidelines for the approval, acquisition, and reporting requirements of military equipment (Government Code § 7070; Government Code § 7071; Government Code § 7072). This policy is provided to fulfill the obligations set forth in Assembly Bill 481 (AB 481). These obligations include but are not limited to seeking approval on specific items deemed to be military equipment and requirements related to compliance, annual reporting, cataloguing and complaints. It is the policy of the Burlingame Police Department (Department) that there are legally enforceable safeguards, including transparency, oversight, and accountability measures in place to protect the public's welfare, safety, civil rights, and civil liberties before military equipment is funded, acquired, or used. 708.1.1 DEFINITIONS Definitions related to this policy include (Government Code § 7070): Governing body — The Burlingame City Council Law Enforcement Agency - The City of Burlingame Police Department Military equipment — Includes but is not limited to the following: • Unmanned, remotely piloted, powered aerial or ground vehicles. • Mine -resistant ambush -protected (MRAP) vehicles or armored personnel carriers. • High mobility multipurpose wheeled vehicles (HMMWV), two -and -one -half -ton trucks, five -ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. • Tracked armored vehicles that provide ballistic protection to their occupants. • Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units. • Weaponized aircraft, vessels, or vehicles of any kind. • Battering rams, slugs, and breaching apparatuses that are explosive in nature. This does not include a handheld, one -person ram. • Firearms and ammunition of .50 caliber or greater, excluding standard -issue shotguns and standard -issue shotgun ammunition. • Specialized firearms and ammunition of less than .50 caliber, including firearms and accessories identified as assault weapons in Penal Code § 30510 and Penal Code § 30515, with the exception of standard -issue firearms. • Any firearm or firearm accessory that is designed to launch explosive projectiles. • Noise -flash diversionary devices and explosive breaching tools. Copyright Lexipol, LLC 2022/04/13, All Rights Reserved. ***DRAFT*** Military Equipment - 1 Published with permission by Burlingame Police Department Burlingame Police Department Burlingame PD Policy Manual Military Equipment • Munitions containing tear gas or OC, excluding standard, service -issued handheld pepper spray. • TASER® Shockwave, microwave weapons, water cannons, and long-range acoustic devices (LRADs). • Kinetic energy weapons and munitions. • Any other equipment as determined by a governing body or a state agency to require additional oversight. 708.2 POLICY It is the policy of the Burlingame Police Department that members of this department comply with the provisions of Government Code § 7071 with respect to military equipment. 708.3 MILITARY EQUIPMENT COORDINATOR The Chief of Police shall designate a member of this Department to act as the military equipment coordinator. The responsibilities of the military equipment coordinator include but are not limited to: (a) Acting as liaison to the governing body for matters related to the requirements of this policy. (b) Identifying department equipment that qualifies as military equipment in the current possession of the Department, or the equipment the Department intends to acquire that requires approval by the governing body. (c) Conducting an inventory of all military equipment at least annually. (d) Collaborating with any allied agency that may use military equipment within the jurisdiction of Burlingame Police Department (Government Code § 7071). (e) Preparing for, scheduling, and coordinating the annual community engagement meeting to include: 1. Publicizing the details of the meeting. 2. Preparing for public questions regarding the department's funding, acquisition, and use of equipment. (f) Preparing the annual military equipment report for submission to the Chief of Police and ensuring that the report is made available on the department website (Government Code § 7072). (g) Establishing the procedure for a person to register a complaint or concern, or how that person may submit a question about the use of a type of military equipment, and how the Department will respond in a timely manner. 708.4 MILITARY EQUIPMENT INVENTORY A list of equipment currently held by the Department or in coordination with another local agency is attached to this Policy as Exhibit "A" and incorporated into this Policy by reference. The inventory list will be updated each year as part of the annual report required pursuant to AB 481. Copyright Lexipol, LLC 2022/04/13, All Rights Reserved. ***DRAFT*** Military Equipment - 2 Published with permission by Burlingame Police Department Burlingame Police Department Burlingame PD Policy Manual Military Equipment 708.5 APPROVAL The Chief of Police or the authorized designee shall obtain approval from the governing body by way of an ordinance adopting the military equipment policy. As part of the approval process, the Chief of Police or the authorized designee shall ensure the proposed military equipment policy is submitted to the governing body and is available on the department website at least 30 days prior to any public hearing concerning the military equipment at issue (Government Code § 7071). The military equipment policy must be approved by the governing body prior to engaging in any of the following (Government Code § 7071): (a) Requesting military equipment made available pursuant to 10 USC § 2576a. (b) Seeking funds for military equipment, including but not limited to applying for a grant, soliciting or accepting private, local, state, or federal funds, in -kind donations, or other donations or transfers. (c) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing. (d) Collaborating with another law enforcement agency in the deployment or other use of military equipment within the jurisdiction of this department. (e) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body. (f) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of military equipment. (g) Acquiring military equipment through any means not provided above. 708.6 USE IN EXIGENT CIRCUMSTANCES In exigent circumstances and with the approval of the Chief of Police or his/her designee, the Police Department may acquire, borrow and/or use military equipment that is not included in this policy. If the Department acquires, borrows, and/or uses military equipment in exigent circumstances, in accordance with this section, it must take all of the following actions: Provide written notice of that acquisition or use to the City Council within 30 days following the commencement of such exigent circumstance, unless such information is confidential or privileged under local, state or federal law. If it is anticipated that the use will continue beyond the exigent circumstance, submit a proposed amended policy to the City Council within 90 days following the borrowing, acquisition and/or use, and receive approval, as applicable, from the City Council. Include the military equipment in the Department's next annual military equipment report. Copyright Lexipol, LLC 2022/04/13, All Rights Reserved. ***DRAFT*** Military Equipment - 3 Published with permission by Burlingame Police Department Burlingame Police Department Burlingame PD Policy Manual Military Equipment 708.7 COORDINATION WITH OTHER JURISDICTIONS Military equipment should not be used by any other law enforcement agency or member in this jurisdiction unless the military equipment is approved for use in accordance with this policy. 708.8 ANNUAL REPORT Upon approval of a military equipment policy, the Chief of Police or the authorized designee should submit a military equipment report to the governing body for each type of military equipment approved within one year of approval, and annually thereafter for as long as the military equipment is available for use (Government Code § 7072). The Chief of Police or the authorized designee should also make each annual military equipment report publicly available on the department website for as long as the military equipment is available for use. The report shall include all information required by Government Code § 7072 for the preceding calendar year for each type of military equipment in department inventory. 708.9 COMMUNITY ENGAGEMENT Within 30 days of submitting and publicly releasing the annual report, the Department shall hold at least one well -publicized and conveniently located community engagement meeting, at which the Department should discuss the report and respond to public questions regarding the funding, acquisition, or use of military equipment. Copyright Lexipol, LLC 2022/04/13, All Rights Reserved. ***DRAFT*** Military Equipment - 4 Published with permission by Burlingame Police Department EXHIBIT A Section One: Qualifying Equipment Owned/Utilized by the Burlingame Police Department Equipment Name: 5.56mm Semiautomatic Rifles and Ammunition - CA Gov't Code 7070 c 10 Quantity Owned/Sought: 28 owned Lifespan: Approximately 15 years Equipment Capabilities: AR-15 semiautomatic rifle is capable of firing 5.56mm projectile bullet. Manufacturer Product Description: The Colt AR-15 is a lightweight, magazine -fed, gas - operated semi -automatic rifle. It is a semi -automatic version of the M16 rifle sold for the civilian and law enforcement markets in the United States. Purpose/Authorized Uses: Officers may deploy the patrol rifle in any circumstance where the officer can articulate a reasonable expectation that the rifle may be needed. Examples of some general guidelines for deploying the patrol rifle may include but are not limited to: 1. Situations where the officer reasonably anticipates an armed encounter. 2. When an officer is faced with a situation that may require accurate and effective fire at long range. 3. Situations where an officer reasonably expects the need to meet or exceed a suspect's firepower. 4. When an officer reasonably believes that there may be a need to fire on a barricaded person or a person with a hostage. 5. When an officer reasonably believes that a suspect may be wearing body armor. 6. When authorized or requested by a supervisor. Fiscal Impacts: The initial cost of equipment was approximately $34,000. The ongoing costs for ammunition will vary and maintenance is conducted by departmental staff. Legal/Procedural Rules Governing Use: All applicable State, Federal and Local laws governing police use of force. Various Burlingame Police Department Policies on Use of Force and Firearms. Training Required: Officers must successfully complete a CA POST certified 24-hour patrol rifle course as well as regular department firearms training and qualifications as required by law and policy. Other Notes: These rifles are standard issue service weapons for our officers and therefor exempted from this Military Equipment Use Policy per CA Gov't Code §7070 (c)(10). They have been included in this document in an abundance of caution and in the interest of transparency. Equipment Name: M4 Select fire rifle is capable of firing 5.56mm projectile bullet either fully automatic or semiautomatic. Rifles and Ammunition - CA Gov't Code §7070(c)(10) Quantity Owned/Sought: 6 owned Lifespan: Approximately 15 years Equipment Capabilities: M4 Select fire rifle is capable of firing 5.56mm projectile bullet either fully automatic or semiautomatic. Manufacturer Product Description: The Colt M4 is a lightweight, magazine -fed, gas - operated fully automatic or semi -automatic rifle. Purpose/Authorized Uses: Officers may deploy the patrol rifle in any circumstance where the officer can articulate a reasonable expectation that the rifle may be needed. Examples of some general guidelines for deploying the patrol rifle may include but are not limited to: 1. Situations where the officer reasonably anticipates an armed encounter. 2. When an officer is faced with a situation that may require accurate and effective fire at long range. 3. Situations where an officer reasonably expects the need to meet or exceed a suspect's firepower. 4. When an officer reasonably believes that there may be a need to fire on a barricaded person or a person with a hostage. 5. When an officer reasonably believes that a suspect may be wearing body armor. 6. When authorized or requested by a supervisor. Fiscal Impacts: The initial cost of equipment was approximately $6,000. The ongoing costs for ammunition will vary and maintenance is conducted by departmental staff. Legal/Procedural Rules Governing Use: All applicable State, Federal and Local laws governing police use of force. Various Burlingame Police Department Policies on Use of Force and Firearms. Training Required: Officers must successfully complete a CA POST certified 24-hour patrol rifle course as well as regular department firearms training and qualifications as required by law and policy. Other Notes: These rifles are standard issue service weapons for our officers and therefor exempted from this Military Equipment Use Policy per CA Gov't Code §7070 (c)(10). They have been included in this document in an abundance of caution and in the interest of transparency. Equipment Name: 5.56mm Semiautomatic Rifles and Ammunition - CA Gov't Code §7070(c)(10) Quantity Owned/Sought: 2 owned Lifespan: Approximately 15 years Equipment Capabilities: AR-15 semiautomatic rifle is capable of firing 5.56mm projectile bullet. Manufacturer Product Description: The Windham Weaponry AR-15 is a lightweight, magazine -fed, gas -operated semi -automatic rifle. It is a semi -automatic version of the M16 rifle sold for the civilian and law enforcement markets in the United States. Purpose/Authorized Uses: Officers may deploy the patrol rifle in any circumstance where the officer can articulate a reasonable expectation that the rifle may be needed. Examples of some general guidelines for deploying the patrol rifle may include but are not limited to: 1. Situations where the officer reasonably anticipates an armed encounter. 2. When an officer is faced with a situation that may require accurate and effective fire at long range. 3. Situations where an officer reasonably expects the need to meet or exceed a suspect's firepower. 4. When an officer reasonably believes that there may be a need to fire on a barricaded person or a person with a hostage. 5. When an officer reasonably believes that a suspect may be wearing body armor. 6. When authorized or requested by a supervisor. Fiscal Impacts: The initial cost of equipment was approximately $2,000. The ongoing costs for ammunition will vary and maintenance is conducted by departmental staff. Legal/Procedural Rules Governing Use: All applicable State, Federal and Local laws governing police use of force. Various Burlingame Police Department Policies on Use of Force and Firearms. Training Required: Officers must successfully complete a CA POST certified 24-hour patrol rifle course as well as regular department firearms training and qualifications as required by law and policy. Other Notes: These rifles are standard issue service weapons for our officers and therefor exempted from this Military Equipment Use Policy per CA Gov't Code §7070 (c)(10). They have been included in this document in an abundance of caution and in the interest of transparency. Equipment Name: 5.56mm Semiautomatic Rifles and Ammunition - CA Gov't Code 7070 c 10 Quantity Owned/Sought: 2 owned Lifespan: Approximately 15 years Equipment Capabilities: AR-15 semiautomatic rifle is capable of firing 5.56mm projectile bullet. Manufacturer Product Description: The Stagg Arms AR-15 is a lightweight, magazine -fed, gas -operated semi -automatic rifle. It is a semi -automatic version of the M16 rifle sold for the civilian and law enforcement markets in the United States. Purpose/Authorized Uses: Officers may deploy the patrol rifle in any circumstance where the officer can articulate a reasonable expectation that the rifle may be needed. Examples of some general guidelines for deploying the patrol rifle may include but are not limited to: 1. Situations where the officer reasonably anticipates an armed encounter. 2. When an officer is faced with a situation that may require accurate and effective fire at long range. 3. Situations where an officer reasonably expects the need to meet or exceed a suspect's firepower. 4. When an officer reasonably believes that there may be a need to fire on a barricaded person or a person with a hostage. 5. When an officer reasonably believes that a suspect may be wearing body armor. 6. When authorized or requested by a supervisor. Fiscal Impacts: The initial cost of equipment was approximately $2,000. The ongoing costs for ammunition will vary and maintenance is conducted by departmental staff. Legal/Procedural Rules Governing Use: All applicable State, Federal and Local laws governing police use of force. Various Burlingame Police Department Policies on Use of Force and Firearms. Training Required: Officers must successfully complete a CA POST certified 24-hour patrol rifle course as well as regular department firearms training and qualifications as required by law and policy. Other Notes: These rifles are standard issue service weapons for our officers and therefor exempted from this Military Equipment Use Policy per CA Gov't Code §7070 (c)(10). They have been included in this document in an abundance of caution and in the interest of transparency. Equipment Name: 40mm Less Lethal Launchers and Kinetic Energy Munitions - CA Gov't Code 7070 c 14 Quantity Owned/Sought: 12 owned Lifespan: Approximately 15 years Equipment Capabilities: The 40mm Less Lethal Launcher is capable of firing 40mm Kinetic Energy Munitions, which are essentially rubber projectiles. Manufacturer Product Description: Penn Arms 40MM launchers are manufactured using 4140 hardened steel, 6061-T6 mil -spec anodized aluminum and DuPont supertough glass filled nylon. These launchers are light weight, versatile and used worldwide by police and corrections officers. The 40MM launcher family of products is available in single -shot, spring - advance multi, and pump -advance multi -versions. Purpose/Authorized Uses: The 40mm Less Lethal Launchers and Kinetic Energy Munitions are intended for use as a less lethal use of force option. Fiscal Impacts: The initial cost of this equipment was approximately $12,000. The ongoing costs for munitions will vary and maintenance is conducted by departmental staff. Legal/Procedural Rules Governing Use: All applicable State, Federal and Local laws governing police use of force. Various Burlingame Police Department Policies on Use of Force and Crowd Control. Training Required: Officers must complete a department certified 40mm course as well as regular training and qualifications as required by law and policy. Other Notes: None. Equipment Name: 40mm Less Lethal Launchers and Kinetic Energy Munitions - CA Gov't Code 7070 c 14 Quantity Owned/Sought: 2 owned Lifespan: Approximately 15 years Equipment Capabilities: The 40mm Less Lethal Launcher is capable of firing 40mm Kinetic Energy Munitions, which are essentially rubber projectiles. Manufacturer Product Description: Def-Tec 40MM launchers are manufactured using 4140 hardened steel, 6061-T6 mil -spec anodized aluminum and DuPont super tough glass filled nylon. These launchers are light weight, versatile and used worldwide by police and corrections officers. The 40MM launcher family of products is available in single -shot, spring - advance multi, and pump -advance multi -versions. Purpose/Authorized Uses: The 40mm Less Lethal Launchers and Kinetic Energy Munitions are intended for use as a less lethal use of force option. Fiscal Impacts: The initial cost of this equipment was approximately $2,000. The ongoing costs for munitions will vary and maintenance is conducted by departmental staff. Legal/Procedural Rules Governing Use: All applicable State, Federal and Local laws governing police use of force. Various Burlingame Police Department Policies on Use of Force and Crowd Control. Training Required: Officers must complete a department certified 40mm course as well as regular training and qualifications as required by law and policy. Other Notes: None. Equipment Name: Pepperball FTC Pepperball less lethal Pepperball launchers and Pepmerball munitions - CA Gov't Code W070(c)(12) Quantity Owned/Sought: 2 owned I Lifespan: Approximately 15 years Equipment Capabilities: The FTC is a high -capacity, semi -automatic launcher that is perfect for crowd management and mobile field force operations. Capable of deploying pepper chemicals. Manufacturer Product Description: The FTC is a high -capacity, semi -automatic launcher that is perfect for crowd management and mobile field force operations. Reliable and accurate, it features a hopper that can hold up to 180 rounds, a flexible air source configuration and a compact modular design. • Compact, Lightweight Modular Design • Uses Standard .68 cal Round Projectiles • .68 caliber • 13ci High Pressure Air System • Feeds 20+ Projectiles Per Second with EL-2Tm Hopper • No Recoil • MIL-STD-1913 Rail Platform • Maximum range of 100ft • Cross -bold Safety Purpose/Authorized Uses: The Pepperball FTC Less Lethal Launchers and Kinetic Energy Munitions are intended for use as a less lethal use of force option. Fiscal Impacts: The initial cost of this equipment was approximately $2,000. The ongoing costs for munitions will vary and maintenance is conducted by departmental staff. Legal/Procedural Rules Governing Use: All applicable State, Federal and Local laws governing police use of force. Various Burlingame Police Department Policies on Use of Force and Crowd Control. Training Required: Officers must complete a department certified Pepperball course as well as regular training and qualifications as required by law and policy. Other Notes: None. Section Two: Qualifying equipment not already listed in this policy, which is known to be owned and/or utilized by the North County Regional SWAT Team, for which the Burlingame Police Department is a participating agency Equipment Type: Unmanned, remotely piloted, powered ground vehicles - CA Gov't Code §7070(c)(1) Quantity Owned/Sought: 2 Drones / 4 Robots Lifespan: Approximately 15 years (Not owned by BPD) Equipment Capabilities: Vehicles are capable of being remotely navigated to provide scene information and intelligence in the form of video and still images transmitted to first responders. Manufacturer Product Description: Unavailable as this equipment is not owned by the Burlingame Police Department. Purpose/Authorized Uses: To enhance the safety of potentially dangerous situations by providing first responders with the ability to capture video and still images of hazardous areas prior to, or in lieu of, sending in personnel. Fiscal Impacts: None. Equipment owned, maintained, and operated by another agency. Legal/Procedural Rules Governing Use: The use of unmanned, remotely piloted, powered ground vehicles potentially involves privacy considerations. Absent a warrant or exigent circumstances, operators and observers shall adhere to all applicable privacy laws and shall not intentionally record or transmit images of any location where a person would have a reasonable expectation of privacy (e.g., residence, yard, enclosure). Training Required: The North County Regional SWAT Team provides internal training for staff members prior to allowing them to pilot these vehicles. Other Notes: None. Equipment Type: Mine Resistant Ambush Protected Vehicles (MRAP) - CA Gov't Code 7070 c 2 Quantity Owned/Sought: 1 (Not owned by BPD) I Lifespan: Unknown Equipment Capabilities: Capable of transporting personnel and equipment while providing them with armored protection from gunfire. Manufacturer Product Description: Unavailable as this equipment is not owned by the Burlingame Police Department. Purpose/Authorized Uses: To move personnel and/or resources in support of tactical operations in which there is reason to expect potential armed resistance requiring protection. Fiscal Impacts: None. Equipment owned, maintained, and operated by another agency. Legal/Procedural Rules Governing Use: The MRAP can be deployed any time tactical operators determine that there is a need to move personnel and/or resources into areas in which they have reason to expect potential armed resistance requiring its protection. Training Required: The North County Regional SWAT Team provides internal training for staff members prior to allowing them to drive MRAP vehicles. Other Notes: None. Equipment Type: Wheeled vehicles that have a breaching apparatus attached - CA Gov't Code 7070 c 3 Quantity Owned/Sought: 1 (Not owned by BPD) I Lifespan: Unknown. Equipment Capabilities: Capable of breaching doors, gates, and other points of entry. Manufacturer Product Description: Unavailable as this equipment is not owned by the Burlingame Police Department. Purpose/Authorized Uses: Breaching doors, gates, and other points of entry. Fiscal Impacts: None. Equipment owned, maintained, and operated by another agency. Legal/Procedural Rules Governing Use: Breaching vehicles can be deployed any time tactical operators determine that it is necessary to complete a lawful breaching. For a breaching to be lawful, it will generally need to be supported by a search or arrest warrant, or exigent circumstances. Training Required: The North County Regional SWAT Team provides internal training for staff members prior to allowing them to drive breaching vehicles. Other Notes: None. Equipment Type: Battering rams, slugs, and breaching apparatus that are explosive in nature - CA Gov't Code §7070(c)(7) Quantity Owned/Sought: 0 (Not owned by BPD) Lifespan: Unknown. Equipment Capabilities: Capable of breaching doors, gates, windows, and other points of entry. Manufacturer Product Description: Unavailable as this equipment is not owned by the Burlingame Police Department. Purpose/Authorized Uses: Breaching doors, gates, windows, and other points of entry. Fiscal Impacts: None. Equipment owned, maintained, and operated by another agency. Legal/Procedural Rules Governing Use: Breaching apparatus that are explosive in nature can be deployed any time tactical operators determine that it is necessary to complete a lawful breaching, and non -explosive breaching methods are not tactically practicable. For a breaching to be lawful, it will generally need to be supported by a search or arrest warrant, or exigent circumstances. Training Required: The North County Regional SWAT Team provides internal training for staff members prior to allowing them to use explosive breaching apparatus. Other Notes: None. Equipment Type: AR-15 Style Semiautomatic Rifle and Ammunition - CA Gov't Code 7070 c 10 Quantity Owned/Sought: 60 (not owned by Lifespan: Approximately 15 years BPD) Equipment Capabilities: The AR15 style firearm can fire a .223, .556, .308 or .300 caliber projectile accurately at over 100 yards. Manufacturer Product Description: The AR15 style firearm features M-LOK attachment technology with the Daniel Defense MFR 15.0 rail. Built around a Cold Hammer Forged, 16- inch barrel, the V7 has a DID improved Flash Suppressor to reduce flash signature. The mid - length gas system provides smooth and reliable cycling under any condition and reduces both perceived recoil and wear on moving parts. With the M-LOK attachment points that run along 7 positions and an uninterrupted 1913 Picatinny rail on top, the V7 has plenty of room for the sights, optics, and accessories the user may require. The independently ambi GRIP-N-RIP Charging Handle accommodates left- and right-handed shooters. This rifle also comes with the ergonomic Daniel Defense Buttstock and Pistol Grip. Purpose/Authorized Uses: Officers may deploy the patrol rifle in any circumstance where the officer can articulate a reasonable expectation that the rifle may be needed. Examples of some general guidelines for deploying the patrol rifle may include but are not limited to: 1. Situations where the officer reasonably anticipates an armed encounter. 2. When an officer is faced with a situation that may require accurate and effective fire at long range. 3. Situations where an officer reasonably expects the need to meet or exceed a suspect's firepower. 4. When an officer reasonably believes that there may be a need to fire on a barricaded person or a person with a hostage. 5. When an officer reasonably believes that a suspect may be wearing body armor. 6. When authorized or requested by a supervisor. Fiscal Impacts: None. Equipment owned, maintained, and operated by another agency. Legal/Procedural Rules Governing Use: All applicable State, Federal and Local laws governing police use of force. Various Burlingame Police Department Policies on Use of Force and Firearms. Training Required: In addition to patrol rifle and standard SWAT Operator training, SWAT Operators must successfully complete a CA POST certified SWAT course as well as regular SWAT training and qualifications as required by law and policy. Other Notes: None. Equipment Type: Flashbang grenades, explosive breaching tools, tear gas and pepper balls - CA Gov't Code 7070 c 12 Quantity Owned/Sought: 20 (Not owned by Lifespan: Unknown. BPD) Equipment Capabilities: Capable of breaching doors, gates, windows, and other points of entry, creating explosive distractions, and/or deploying tear gas or pepper chemical. Manufacturer Product Description: Unavailable as this equipment is not owned by the Burlingame Police Department. Purpose/Authorized Uses: breaching doors, gates, windows, and other points of entry, creating explosive distractions, and/or deploying tear gas or pepper chemicals. Fiscal Impacts: None. Equipment owned, maintained, and operated by another agency. Legal/Procedural Rules Governing Use: Breaching apparatus that are explosive in nature can be deployed any time tactical operators determine that it is necessary to complete a lawful breaching, and non -explosive breaching methods are not tactically practicable. For a breaching to be lawful, it will generally need to be supported by a search or arrest warrant, or exigent circumstances. Tear gas and pepper balls can only be deployed in accordance with all applicable State, Federal and Local laws governing police use of force, crowd control, etc. Training Required: The North County Regional SWAT Team provides internal training for staff members prior to allowing them to use any of these items. Other Notes: None. Equipment Type: Long Range Acoustic Device (LRAD) - CA Gov't Code §7070(c)(13) Quantity Owned/Sought: 1 (Not owned by BPD) I Lifespan: Unknown. Equipment Capabilities: LRAD systems are a type of Acoustic Hailing Device (AHD) used to send messages over long distances. LRAD systems produce much higher sound levels (volume) than normal loudspeakers or megaphones. Over shorter distances, LRAD signals are loud enough to cause pain in the ears of people in their path. Manufacturer Product Description: Unavailable as this equipment is not owned by the Burlingame Police Department. Purpose/Authorized Uses: Can be used to disperse unlawful crowds (with required notice and compliance times) and/or to disrupt the activities of person(s) who represent an immediate threat to others. Fiscal Impacts: None. Equipment owned, maintained, and operated by another agency. Legal/Procedural Rules Governing Use: LRADs can only be deployed in accordance with all applicable State, Federal and Local laws governing police use of force, crowd control, etc. Training Required: The North County Regional SWAT Team provides internal training for staff members prior to allowing them to use any of these items. Other Notes: None. 2022 Annual Military Equipment Report (Burlingame Police Department) Complaints Result of any internal audits or If we intend to acquire additional Equipment Category Make/Manufacturer Summary of how equipment was used and purpose of use received by violations of military equipment Acquisition Costs Annual Costs Funding source for Quantity possessed of each military equipment in the next BPD use polity following calendar year type of equipment year, the quantity sought Colt ARTS $19,000.00 Operating Budget 19 N/A Annual maintenance is Colt M4 $] OOOOD Operating Budge[ ] N/A The purpose of the equipment is to address a threat with more $25/rifle. Ammunition precision and/or greater distances than a handgun, if present and costs a re typically Rifles Windham Wea AR15 SBR Wnry feasible, and this is the manner in which it was deployed, None $4'�0'� $5,000/year Operating Budget 4 N/A indudingtraining. .223 Caliber CCIS eer Du Ammo p ry $1A9 d per roan O Aerating Budget 13,000 rounds N/A We assess and monitor after any ,223 Caliber Winchester Training ammo .43 per round 12,000.00 Operating Budget Operating Budget 20,000 rounds 12 N/A N/A deployment or use of equipment to ensure the equipment is being utilized in a manner which is Penn Arms The purPoseo equipment to limit the escalation of conflict of 40mm Less Lethal where employment of lethal force is prohibited or undesirable consistent with Burlingame Police Def-Tec $2,000.00 Operating Budget 2 N/A Launchers and Kinetic such as self-destructive, dang........ d/or combative None Department Policy and there were Annual Cost range from Energy Munitions individuals; barricaded suspects; riot/crowd control and civil no violations. $1,000 to $$2,000 Less lethal foamAipped projectiles Operating Budget 40 rounds N/A Incidents; and training Thisequipment was not exercises.$28.00 unrestused us tllas[year. FTC $2,D00.00 Operating Budget 2 N/A The Pepperball FTC Less Lethal Launchers and Kinetic Energy Pepperball Live (contains PAVA powder) Duty rounds $277 d roan O [in Bud e[ pera g g 200 rounds N A / Pepperball Launcher Munitions None Annual C.Rang, mm areper intended for use as a less lethal use of force option. $500.00 to $1,00.00 Pepperball inert Training rounds $1.16 per round Operating Budget 1D0 rounds N/A 2022 Equipment Owned/Possessed by NCR SWAT Complaints Result of any internal audits or If' intend to acquire additional Equipment Category Make/Manufacturer Summary of how equipment was used and purpose ofuse r ec wed by violations of military equipment Acquisition Costs Annual Costs Funding source for Quantirypassessedafeach military equipmen[in the next use policy following calendar year type of equipment year,thequantitysought Matrice 210 Uses included search a nd re aspect apprehension; crime Unmanned Aircraft ne doc mentation;tacticasl opeations; scene security; hazard Non System (UAS) Mavik ll Enter prise onitoring, identification and mitigation; response to emergency malls; e crisis communications; and legally authorized surveillance. Sky Hero Loki Mkll Robot. Avatar ll Used to remotely gain visual/audio intelligence, deliver equipment, open doors, and clear buildings ahead of a search iRobot packbot 510 Robots team, for official law enforcement purposes, including search and rescue; tactical operations; hazard monitoring, identification and None mitigation; crisis communications; and legally authorized Recon robotics recon scout surveillance Used to provide for the safe transport, security, and rescue of Armored Vehicles International Armor Group Sentinel agency personnel and citizens in high -risk incidents, and the None equipment was used in this manner, for law enforcement purposes. Braun Northwest mobile command Used as a mobile command post during any incident that Command and Control vehicle required com me nd a nd control beyond a static dispatch center None Vehicles and included official law enforcement purposes, pre -planned Ford motor vehicle F53 motorhome command post events and training ex We assess a nd monitor after a ny COMBINED TACTIACL SYSTEMS, 7290- Used to distract dangerous suspects to allow tactical teams to 2 FLASH_ BANG complete a dangerous mission or task. Distraction devices were deployment or use of equipment Distraction Devices used during high -risk situations where their use would g g None to ensure the equipment being quipmen g COMBINED TACTICALSYSTEMS,only 7290M MINI FLASH -BANG enhance officer safety; and during training exercises. utilized inamanner which is consistent with Burlingame Police DETONATING CORD Department Policy and there were Explosive Breaching The purpose of the equipment is to safely create a positive breach and enter structures for official law enforcement no violations. �� BLASTING CAP O Tools purposes and in accordance with State and Federal Law; and None REMINGTON 870 BREACHING SHOTGUN during training exercises. This equipment was not used last year. DEFENSE TECHNOLOGY FRANGILBE BREACHING ROUND US 7290M CTS 5230 The purpose of the equipment is to limit the escalation Of conflict where employment Of lethal force is prohibited or undesirable US 6330 and 63" Chemical Agents such as self-destructive, dangerous, and/or combative None individuals; barricaded suspects; riot/crowd control and civil CTS 5230E unrest incidents; and training exercises. CTS8210 Used issue dispersal orders during crowd and net control Long Range Acoustical situations or to address the public in civil emergencies, nature Long Range Acoustical Device(LRAD) disasters, evacuations, and police incidents. In the last year, the None Device equipment was deployed to give direction during high -risk situations. � CITV O = STAFF REPORT ,ry o Avovwl- To: Honorable Mayor and City Council Date: April 17, 2023 From: Michael Guina City Attorney Mike Matteucci, Chief of Police AGENDA NO: 9b MEETING DATE: April 17, 2023 Subject: Introduction of an Ordinance Renewing the Burlingame Police Department Military Equipment Use Policy; CEQA Determination: Exempt pursuant to State CEQA Guidelines Sections 15378, 15061(b)(3) RECOMMENDATION Staff recommends that the City Council hold a Public Hearing to introduce the proposed Ordinance renewing the Burlingame Police Department Military Equipment Use Policy ("Policy"). To introduce the Ordinance, staff recommends the following procedure: Recommended Procedure and Order of Operations: A. Receive the staff report and ask any questions of staff. B. Conduct a public hearing. C. Discuss the Ordinance and by motion 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 On September 30, 2021, Governor Newsom signed a series of policing reform bills into law. These laws are aimed at increasing police transparency. As part of that package, AB 481 (codified in Government Code section 7070 et. seq), effective January 1, 2022, requires law enforcement agencies to adopt a military equipment use policy ("Policy") prior to taking certain actions relating to the funding, acquisition, or use of military equipment as that term is defined by the statute. The Policy must be adopted by ordinance at a regular meeting of the governing body for that law enforcement agency. In the case of the Burlingame Police Department ("BPD"), the City Council is the governing body. Thereafter, the Policy must be reviewed and renewed by the City Council on an annual basis for continued use of the military equipment. On May 2, 2022, the City Council enacted Ordinance No. 2005, adopting BPD's Military Equipment Use Policy and list of military equipment (Exhibit A). 1 Introduction of an Ordinance Renewing Military April 17, 2023 Equipment Use Policy Definition of Military Equipment AB 481 designates the following categories of items as military equipment': 1. Unmanned, remotely piloted, powered aerial or ground vehicles. 2. Mine -resistant ambush -protected vehicles or armored personnel carriers. 3. High mobility multipurpose wheeled vehicles (HMMWV), two -and -one -half -ton trucks, five - ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. 4. Tracked armored vehicles that provide ballistic protection to their occupants and utilize a tracked system instead of wheels for forward motion. 5. Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units. 6. Weaponized aircraft, vessels, or vehicles of any kind. 7. Battering rams, slugs, and breaching apparatuses that are explosive in nature. 8. Firearms and ammunition of .50 caliber or greater, excluding standard -issue shotguns and standard -issue shotgun ammunition. 9. Specialized firearms and ammunition of less than .50 caliber, including firearms and accessories identified as assault weapons in Penal Code § 30510 and Penal Code §30515, with the exception of standard -issue handguns. 10. Any firearm or firearm accessory that is designed to launch explosive projectiles. 11. "Flashbang" grenades and explosive breaching tools, "tear gas," and "pepper balls," excluding standard, service -issued handheld pepper spray. 12. Taser Shockwave, microwave weapons, water cannons, and long-range acoustic devices. 13. Projectile launch platforms and their associated munitions including 40mm projectile launchers, "bean bag," rubber bullet, and specialty impact munition weapons. 14. Any other equipment as determined by a governing body or a state agency to require additional oversight. The Burlingame Police Department does not possess any tactical equipment that it has obtained from the military, nor does it possess any equipment that was designed for military use. The Department does possess some types of police equipment that fall under the broad definition of military equipment in AB 481, including the following: • AR-15 semiautomatic rifle is capable of firing 5.56mm projectile bullet. • M4 Select fire rifle. • 40mm Less Lethal Launchers and Kinetic Energy Munitions • Pepperball FTC Pepperball less lethal Pepperball launchers and Pepperball munitions A complete description of this equipment is attached to the adopted Policy as Exhibit A, "Section One: Qualifying Equipment Owned / Used by the Burlingame Police Department." ' Government Code section 7070(c) 2 Introduction of an Ordinance Renewing Military April 17, 2023 Equipment Use Policy The Burlingame Police Department participates in the North County Regional SWAT Team (NCR SWAT). Some equipment is owned and operated by NCR SWAT through partner law enforcement agencies (San Mateo PD, Foster City PD, San Bruno PD, South San Francisco PD, and Brisbane PD). While the Burlingame Police Department does not own or operate this equipment, it could be used in Burlingame by NCR SWAT if they are deployed to an incident within City limits. The list of military equipment available to Burlingame PD through its participation in NCR SWAT is attached to the Policy as Exhibit A, "Section Two: Qualifying equipment not already listed in this policy, which is known to be owned and/or utilized by the North County Regional SWAT Team, for which the Burlingame Police Department is a participating agency." DISCUSSION Annual Review A law enforcement agency that receives approval for a military equipment use policy is required to submit an annual military equipment report for each type of military equipment approved by the governing body within one year of approval, and annually thereafter for as long as the military equipment is available for use 2. The annual report is also required to be made publicly available on the department's website. The annual report must contain, at a minimum, the following information for the immediately preceding calendar year for each type of military equipment3: 1. A summary of how the military equipment was used and the purpose of its use. 2. A summary of any complaints or concerns received concerning the military equipment. 3. The results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response. 4. The total annual cost for each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in the calendar year following submission of the annual military equipment report. 5. The quantity possessed for each type of military equipment. 6. If the law enforcement agency intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment. In addition, within 30 days of submitting and publicly releasing the annual military equipment report, the law enforcement agency must hold at least one well -publicized and conveniently located community meeting at which the general public may discuss and ask questions regarding the annual report and the law enforcement agency's funding, acquisition, or use of military equipmenO. The Department prepared its 2022 Annual Report (Exhibit B) and posted it on the BPD website on April 6, 2023. The Annual Report provides the information required by AB 481. In summary, there have been no complaints or concerns regarding the military equipment owned by BPD, and no internal audits or violations of the Policy. Government Code section 7072(a) s Id. 4 Government Code section 7072(b) 3 Introduction of an Ordinance Renewing Military April 17, 2023 Equipment Use Policy Following the public release of the Annual Report, on April 11, 2023, Chief Matteucci, Captain Boll, and City Attorney staff held a publicized meeting at the Community Center that was open to the general public. Staff provided a presentation of the Annual Report and answered questions about BPD's military equipment. Renewal of Ordinance Approvinq Military Equipment AB 481 requires the City Council to annually review the ordinance authorizing the funding, acquisition, or use of military equipment, and thereafter vote on whether to renew the ordinance. The review must occur at a regular meeting of the City Council. In reviewing the ordinance and determining whether to renew it, the City Council shall consider the annual military equipment report and determine whether it complies with the standards originally required for initial adoption of the military equipment Policy'. The Council may renew the ordinance if it determines all of the following: • The military equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety; • The proposed Policy will safeguard the public's welfare, safety, civil rights, and civil liberties; • If purchasing equipment, the equipment is reasonably cost-effective compared to available alternatives that can achieve the same objective of officer and civilian safety; and • Prior military equipment complied with the Policy that was in effect at the time, or if prior uses did not comply with the Policy, that corrective action has been taken to remedy nonconforming uses and ensure future compliance. For the military equipment used by the Burlingame Police department, staff believes the City Council is able to make the required findings. The military equipment used by BPD is necessary because there are no reasonable alternatives that can achieve the same objective for officer and civilian safety. The BPD military equipment is designed to safeguard the public welfare, safety, and civil rights: the Policy and the Annual Report describe the purpose and use of each type of equipment, the fiscal impacts, the rules of use for the equipment, and the training required. For the upcoming year (2023), the Department is not proposing to purchase additional military equipment. Over the last reporting period (2022), there was no violation of the Policy, no investigation for any Policy violations, and therefore no need for corrective action. FISCAL IMPACT Since the Department is not proposing to purchase new military equipment, but only seeks to continue using current equipment, there is no fiscal impact associated with approval of this ordinance. Exhibits • Exhibit A: Burlingame Police Department Policy 708: Military Equipment • Exhibit B: 2022 Annual Report • Proposed Ordinance s Government Code section 707 1 (e)(1),(2); 7071(d) C BURLINGAME AGENDA NO: 8d STAFF REPORT MEETING DATE: May 1, 2023 To: Honorable Mayor and City Council Date: May 1, 2023 From: Syed Murtuza, Director of Public Works — (650) 558-7230 Kevin Okada, Senior Engineer — (650) 558-7230 Subject: Adoption of a Resolution Accepting the 2022 Street Resurfacing Program by Radius Earthwork, Inc., City Project No. 86220 RECOMMENDATION Staff recommends that the City Council adopt the attached resolution accepting the 2022 Street Resurfacing Program, City Project No. 86220, in the amount of $1,515,180.00. BACKGROUND On April 4, 2022, the City Council awarded the 2022 Street Resurfacing Program to Radius Earthwork Inc., in the amount of $1,413,977.75. The FY 2021-22 Street Resurfacing Project scope consisted of performing asphalt concrete "dig - out" repairs, surface milling, asphalt concrete overlay, traffic markings, traffic striping, concrete improvements, and other related work on the following streets. • Bernal Avenue — Devereux Drive to Adeline Drive • Easton Drive — Vancouver Avenue to End • Edwards Court — Rollins Road to End • Hillview Court — Burlingview Drive to End • Hunt Drive — Trousdale Drive to Rivera Drive • Jackling Drive — Vancouver Avenue to Hillsborough City Limit • Laguna Avenue — Lincoln Avenue to Broadway • Linden Avenue — Morrell Avenue to Larkspur Drive • Sebastian Drive — Trousdale Drive to Frontera Way • Summit Drive — El Prado Road to Belvedere Court • Valdivia Way — Hayward Drive to Davis Drive • Vancouver Avenue — Easton Drive to Broadway • Airport Boulevard — Lang Road to Beach Road (Pavement Section Repairs) • Escalante Way — Rivera Drive to End (Pavement Section Repairs) • Pinion Avenue — Ashton to Millbrae City Limit (Pavement Section Repairs) 1 Resolution Accepting the 2022 Street Resurfacing Program, City Project 86220 May 1, 2023 DISCUSSION The project has been satisfactorily completed in compliance with the plans and specifications. The final project construction cost is $1,515,180.00, which is $101,202.25 higher than the original contract price, but within the approved contingencies. The reason for the cost increase included extra concrete work, underground street light conduit repair, and installation of green back sharrows. In addition, a cost adjustment for crude oil price was made due to high volatile price fluctuations in the market. FISCAL IMPACT Estimated Project Expenditures: The following are the estimated project construction expenditures: Construction $1,515,180.00 Construction Inspection, Testing, and Public Relations $50,632.25 Engineering Staff Time $44,187.75 Total $1,600,000.00 Funding Availability: There are adequate funds available in the Street Resurfacing Program to complete the project. Exhibits: • Resolution • Final Progress Payment • Project Location Map 2 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME ACCEPTING IMPROVEMENTS — 2022 STREET RESURFACING PROGRAM BY RADIUS EARTHWORK, INC. CITY PROJECT NO. 86220 WHEREAS, on April 4, 2022, the City Council awarded the 2022 Street Resurfacing Program to Radius Earthwork Inc., in the amount of $1,413,977.75; and WHEREAS, the FY 2021-22 Street Resurfacing Project scope consisted of performing asphalt concrete "dig -out" repairs, surface milling, asphalt concrete overlay, traffic markings, traffic striping, concrete improvements, and other related work; and WHEREAS, the project has been satisfactorily completed in compliance with the plans and specifications; and WHEREAS, the final project construction cost is $1,515,180.00, which is $101,202.25 higher than the original contract price, but within the approved contingencies; and WHEREAS, there are adequate funds available in the Street Resurfacing Program to complete the project. NOW, THEREFORE, BE IT RESOLVED by the CITY COUNCIL of the City of Burlingame, California, and this Council does hereby find, order, and determine as follows: 1. The Director of Public Works of said City has certified the work done by Radius Earthwork, Inc., under the terms of its contract with the City dated May 3, 2022, has been completed in accordance with the plans and specifications approved by the City Council and to the satisfaction of the Director of Public Works. 2. Said work is particularly described as City Project No. 86220. 3. Said work be and the same hereby is accepted. 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 1St day of May 2023, and was adopted thereafter by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: Meaghan Hassel Shearer, City Clerk CONTRACTOR: Radius Earthwork. Inc. ADDRESS: 197 Hamilton Ave, Ste. 204. Campbell, CA 95008 TELEPHONE: (408) 384-8630 CITY OF BURLINGAME FINAL PROGRESS PAYMENT 2022 STREET RESURFACING PROGRAM CITY PROJECT NO. 86220 DATE ' Aprll 4, 2023 FOR THE MONTH OF : April, 2023 PURCHASE ORDER 11 ITEM .........««....... ......... »«....».................»........,.»............ ........ .,, ..... «...... .... BID ......... ..... UNIT ..... _........ . ... UNIT ............ «,».». BID ,................ . QUANTITY ..... ......... ........................ % . AMOUNT .......... „«........... PREVIOUS .................... »....«.»....« AMOUNT # : ITEM DESCRIPTION : QUANTITY: SIZE PRICE AMOUNT : TO DATE PAID TO DATE PAID 7 THIS PMT. BASE SCHEDULE • •^• i : Mobilization and Demobilization (@5%) 1 L.S. $ 5D,000.00 ' $ 50,000.00 : 1.00 100.00% : $ 5D,Wo.ao ' $ 50,000.00 $ - 2 Traffic Control and Construction Signs 1 L.S. $ 100.000.00 $ 100,000_00 1,00 100.00% $ 100,000.00 $ 100,000.00 S - 3 : Water Pollution Prevention Control 1 L.S. $ 2,800.00 S 2,8D0.00 : 1.00 100.00% : $ 2.800.00 S 2,800.00 $ - 4 ; A.C. Digcut Repair (+250 tons allowance) 1,674 . Ton $ 234.00 $ 391,716.00 : 1,723.91 _ 103.58% : $ 405.734.94 S 405,734.94 $ - 5 : Concrete Removal 70 C.Y. $ 209,30 $ 14,651.00 : 70.00 100.00% : $ 14,651.G0 S 14,651.00 : $ - 5 : Aggregate Base 25 Ton $ 153.60 S 3,840,00 : 0.00 0.00% : $ - $ - $ _ 7 : A.0 Overlay 4,100 Ton $ 123.25 ' $ 505,325.00 : 4,063.72 99.80% : $ 503,31BAS $ 503,318.49 : $ - 8 : Cold Plane A.0 2,030 G.Y. $ 52.80 $ 107,184.00 : 2,030.00 100.00% : $ 107.184.00 S 107,164.130 : $ - 9 : Adjust Manholes & utility boxes 18 Each $ 2,420,00 S 43,560.00 : 20.50 113.69% : $ 49,610.00 S 49,610.00 - $ - 10 : Adjust Valves 118 7 Each $ 990.D0 S 116,820.00 : 96.50 81 78% $ 95,53500 S 95,535.00 $ - 11 Fire Hydrant Pavement Markers Blue 19 Each $ 27.50 $ 522.50 19.00 100.00% S 522.50 $ 522.50 $ - 12 Thermoplastic - 12" Solid Ltne 1,867 L,F. $ 6.05 $ 11,295.35 933.50 50.00% S 5,647,66 $ 5,647.68 S - 13 Thermoplastic - 8" Solid Line and Pavement Markers - Detail 38 240 L.F. $ 2.75 $ 660,00 240.00 100.00% S 660,00 $ 660.00 S - 14 : 6" Dashed Line (Thermoplastic) and Pavement Markers - Detail 2 168 L.F. $ 1.95 $ 327,60 : 109,00 100.00% $ 327,60 $ 327.60 $ - 15 : 6" Solid Line (Thermoplastic) and Pavement Markers - Detail 21. 22. & 28 0 L.F. $ 3.30 $ - 273.00 - $ 9DOAD $ 900.99 $ - 16 : Thermoplastic Legends and Arrows 976 S.F. $ 8.25 $ 8,052.00 ' 488.00 50.00% S 4,026.D0 $ 4.026.00 $ - 17 : Grind Existing Ther moplaslic/Paint and Pavement Markers 1 L.S. $ 192,50 S 192.50 : 1.00 1 00.00A $ 192.50 $ 192.50 $ - 18 Remove & Replace Concrete Pavement 523 S.F. $ 22.90 3 11.976.70 523.00 100.00% $ 11.976,70 3 11,976.70 S - 19 Remove & Replace Curb, Gutter, and Concrete Pavement 47 L.F. $ 52.80 $ 2.481.60 47.00 100.00% $ 2,491.60 S 2,481.6G S - 20 Remove & Replace Curb & Gutter 15 L.F. $ 21.45 $ 321.75 15.00 100.00% S 321.75 $ 321,75 S - 21 Remove & Replace Gutter 70 L.F. $ 52.80 $ 3,696.00 70.0D 100.00% $ 3,61W00 $ 3,696.00 $ - 22 Remove & Replace 4' Valley Gutter 28 L.F. $ 31.80 $ 890.40 28.00 100.00% $ 890.40 S 890.40 $ - 23 Remove & Replace 6' Valley Gutter 155 L.F. $ 31.80 3 4,1329.00 35.00 0.001/. $ 11.113,00 S 1,113.00 $ - 24 Remove & Replace Concrete Sidewalk 56 S.F. $ 21.45 $ 1,201.20 56.00 100.00% S 1,20120 $ 1,201.20 $ - 25 Install (N) Concrete Apron 1 S.F. $ 1.800.00 $ 1,800.00 0.00 0.00% S - $ - $ - 26 Bike Proof Grates 8 Each $ 1.680.00 $ 13.440.00 6.00 75.00% $ 10,080,00 $ 10,080.00 S - 27 ' Install(N)Loops 1 Each $ 1.650.00 $ 1.650.00 ' 1.00 100,00% $ 1,650,00 S 1,650.00 $ - 28 : Engineered Geosynthetic Paving Mat 1.189 S.Y. $ 11.35 $ 13,495.15 : 1,440.00 121.11% $ 18,344.00 S 16,344.00 $ - 29 : Protect F)dsting Monuments 1 Each $ 1,150.00 : $ 1.150.00 : 0.00 0.00% S - $ $ Subtotal $ 1,413,977.75 $ 1,390,865.26 $ 1,390,865.26 $ - TOTAL $ 1,33,4 977.76 $ 1,390,866.26 $ 1,3911,865.26 $ CHANGE ORDERS 1 Add Hillsborough as an additional insured 1 LS $ 600.00 $ 600.00 1 100.00% $600,00 $ 600.00 $ - 2 Crude Oil, Additional concrete work, street light repair and green back sharrows 1 LS S 118.514.74 $ 118,514.74 1 100.00% $118,514.74 $ 118,514.74 $ - 3 Streellight repair at Meadow 1 LS $ 5.200.00 $ 5.200.00 1 100.00% $5.200,00 $ - $ 5,200.00 4 Balancing Change Order 1 LS $ (23.112.49) $ (23,112.49) DATE .. 1 (`` ,�Lv.!_ PREPARED BY: r rem Cg ! :7 WU SUBTOTAL ••"..... $ ��J LESS FIVE (5%) PERCENT RETENTION 1,515,180.00 S $ 1,515.180.00 (75,759,00) $ S 1,509,980.W : (75,499.W) $ $ 5700,00 (260.00) lJt . CHECKED BY: L��`^ 6'�-F-� 1i�Z� SUBTOTAL WITHOUT DEDUCTIONS•••'•••„• «•'•'^^»«^^«^«•• «««•♦•••«^A` •+5+« 1,439.421.00 ••S •««•1.434,481.00 S •••+�+•+••••_--4,940.00 APPROVED BY /�� CITYENGINEER' (!�� AM011NT DUE PROM CONTRACTOR zi .......«..»..... «.».........»...« .....« ............... »............ »..»«........ $ . ,,..........,,.........«. - ........................... S - $ ....«• ......................... APPROVEDBY TOTAL THIS PERIOD ....... '"......•••• : ""'^'••"•• : •"'•""""•'• $ 1,439,421.00 $ 1.434,481.00 $ 4,940.00 INSPECTOR: ___________ ______________ ________ ___________ :====_==_==_---------- A Public Public Works DirectoryTROJECTSt83460 2013 Street ResurfacinglProgress PeymentsSProgress Payment 4/4/2023, 9:45 AM PAGE 1 OF 1 Pavement Section Repairs only Oi , Pave Secti only CITY PROJECT 86220 2022 STREET RESURFACING PROGRAM PROJECT MAP \� SAN FRANCISCO BAY TOWN OF HILLBOROUGH LEGEND - 2022PROJECT STREETS N.T.S. 5URi1NGAME STAFF REPORT AGENDA NO: 8e MEETING DATE: May 1, 2023 To: Honorable Mayor and City Council Date: May 1, 2023 From: Syed Murtuza, Director of Public Works — (650) 558-7230 Kevin Okada, Senior Civil Engineer — (650) 558-7213 Jennifer Lee, Environmental Regulatory Compliance Manager — (650) 558-7381 Subject: Adoption of a Resolution Rescinding the Water Shortage Emergency Declaration Adopted on June 6, 2022, and Directing Staff to Continue to Implement Water Use Restrictions Consistent with the Requirements of Title 23, Sections 995 and 996 of the California Code of Regulations for the Duration of the Emergency Regulation RECOMMENDATION Staff recommends that the City Council review the information presented in this staff report and adopt the attached resolution as follows: • Rescind the declaration of a water shortage emergency adopted by the City Council on June 6, 2022, and declare that a water shortage condition no longer exists as required in Chapter 15.06.010(b) of the City of Burlingame Municipal Code; and • Direct staff to continue implementing water use restrictions consistent with Title 23, Sections 995 and 996(e)(1) of the California Code of Regulations for the duration that this emergency regulation is in effect. BACKGROUND On November 23, 2021, the San Francisco Public Utilities Commission declared a water shortage emergency calling for a 10% voluntary reduction from July 2019 to June 2020 levels. On March 28, 2022, Governor Newsom issued an Executive Order directing the California State Water Resources Control Board and local water agencies to enact shortage response actions consistent with local drought contingency plans. On May 24, 2022, the California State Water Resources Control Board adopted emergency regulations for each urban water supplier that has submitted a water shortage contingency plan to the Department of Water Resources to implement, at a minimum, the shortage response actions adopted under Section 10632 of the Water Code for a shortage level of up to 20% (Level 2) by June 10, 2022. On June 6, 2022, the City Council declared a water shortage emergency and adopted water use restrictions from Level 1 and Level 2 of the City of Burlingame's Water Shortage Contingency Plan. 1 Resolution to Rescind Water Shortage Emergency Declaration May 1, 2023 After three consecutive dry years, significant rain and snowfall from this past winter have effectively ended the drought in many areas of the state. On March 24, 2023, Governor Newsom rolled back many drought emergency provisions through Executive Order N-5-23 due to current water conditions and maintained other conservation measures that support regions still facing water supply challenges. This executive order: • Ends the voluntary 15% water conservation target, while continuing to encourage Californians to make conservation a way of life. • Ends the request that urban water suppliers implement Level 2 of their water shortage contingency plan. • Maintains the ban on wasteful water uses, such as watering ornamental grass on commercial properties. • Preserves all current emergency orders focused on groundwater supply, where the effects of the multi -year drought continue to be devastating. • Maintains orders focused on specific watersheds that have not benefited as much from recent rains, including the Klamath River and Colorado River basins, which both remain in drought. • Retains a state of emergency for all 58 counties to allow for drought response and recovery efforts to continue. The Governor's Executive Order N-5-23 does not end the statewide declaration of a water shortage emergency. These executive actions were directed to the State Water Resources Control Board (SWRCB), where the Board adopted these emergency regulations and received approval from the Office of Administrative Law on June 10, 2022. Portions of the drought restrictions, such as the requirement to implement Level 2 demand reduction actions and the ban on irrigating non- functional turf, will expire on June 10, 2023. On April 11, 2023, the San Francisco Public Utilities Commission (SFPUC) unanimously passed an action to rescind their declaration of a local water shortage emergency. While the declaration has been rescinded, there remains a voluntary call for an 11 % water use reduction within the San Francisco Regional Water System. The action approved by the SFPUC enables that 11 % call to be dropped when the associated SWRCB drought action requirements are eliminated or expire. SWRCB requirements expire on June 10, 2023. DISCUSSION Water Supply Update Water supply conditions in the San Francisco Regional Water System (SFRWS) have drastically improved in the past three months. As of March 20, 2023, the SFRWS is at 87.2% of total system storage. For comparison, the median storage level for this day is 80.2%, which is based on historical storage data from years 1991 through 2020. Refer to the attachment for more information. Water Use Reductions On November 23, 2021, the San Francisco Public Utilities Commission declared a water shortage emergency calling for 10% voluntary reduction from July 2019 to June 2020 levels. City of 2 Resolution to Rescind Water Shortage Emergency Declaration May 1, 2023 Burlingame residents and businesses have met this voluntary water reduction target. In Fiscal Year (FY) 2021-2022, water use decreased 11% compared to FY 2019-2020. Ongoing Water Restrictions While Executive Order N-5-23 has cut back many water conservation measures, the following restrictions on wasteful water use are still in effect. • Wasteful and Unreasonable Water Uses per Title 23, Section 995 of the California Code of Regulations — This emergency regulation was readopted in December 2022 and extended until December 21, 2023. Until then, the following actions are still prohibited: o The application of potable water to outdoor landscapes in a manner that causes more than incidental runoff such that water flows onto adjacent property, non - irrigated areas, private and public walkways, roadways, parking lots, or structures. o The use of a hose that dispenses water to wash a motor vehicle, except where the hose is fitted with a shut-off nozzle or device attached to it that causes it to cease dispensing water immediately when not in use. o The use of potable water for washing sidewalks, driveways, buildings, structures, patios, parking lots, or other hard surfaced areas, except in cases where health and safety are at risk. o The use of potable water for street cleaning or construction site preparation purposes unless no other method can be used or as needed to protect the health and safety of the public. o The use of potable water for decorative fountains or the filling or topping -off of decorative lakes or ponds, with exceptions for those decorative fountains, lakes, or ponds that use pumps to recirculate water and only require refilling to replace evaporative losses. o The application of water to irrigate turf and ornamental landscapes during and within 48 hours after measurable rainfall of at least one fourth of one inch of rain. o The use of potable water for irrigation of ornamental turf on public street medians. • Implementation of local supplier's Level 2 Water Shortage Contingency Plan and ban on watering non-functional turf at commercial, industrial, and institutional sites per Title 23, Section 996 of the California Code of Regulations — On June 10, 2022, the state prohibited the irrigation of non-functional turf with potable water at commercial, industrial, and institutional areas. "Non-functional turf" is defined as turf that is solely ornamental and not regularly used for human recreational purposes or for civic or community events. Non-functional turf does not include sports fields and turf that is regularly used for human recreational purposes or for community events. Exceptions to this rule include residential lawns, parks, and irrigation as necessary to ensure the health of trees and other perennial non -turf plantings or to the extent necessary to address an immediate health and safety need. This emergency regulatory action expires on June 10, 2023, unless the State Water Resources Control Board modifies, readopts, or ends it before then. • City of Burlingame's Wasteful Water Use Restrictions Ordinance — The City of Burlingame adopted Chapter 15.07 (Wasteful Water Use Restrictions) of the Burlingame Municipal Code. These permanent restrictions are intended to address wasteful water use VJ Resolution to Rescind Water Shortage Emergency Declaration May 1, 2023 practices regardless of a drought and are in line with the state goal of making water conservation a "California way of life." FISCAL IMPACT No fiscal impact. Exhibits: • Resolution • Governor's Executive Order N-5-23 • San Francisco Public Utilities Commission Agenda Item 6 from April 11, 2023 0 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME RESCINDING THE WATER SHORTAGE EMERGENCY DECLARATION ADOPTED ON JUNE 6, 2022 AND DIRECTING STAFF TO CONTINUE TO IMPLEMENT WATER USE RESTRICTIONS CONSISTENT WITH THE REQUIREMENTS OF TITLE 23, SECTIONS 995 AND 996 OF THE CALIFORNIA CODE OF REGULATIONS FOR THE DURATION OF THE EMERGENCY REGULATION WHEREAS, on November 23, 2021, the San Francisco Public Utilities Commission declared a water shortage emergency calling for 10% voluntary reduction from July 2019 to June 2020 levels; and WHEREAS, on March 28, 2022, Governor Newsom issued an Executive Order directing the California State Water Resources Control Board and local water agencies to enact shortage response actions consistent with local drought contingency plans; and WHEREAS, on May 24, 2022, the California State Water Resources Control Board adopted emergency regulations for each urban water supplier that has submitted a water shortage contingency plan to the Department of Water Resources to implement, at a minimum, the shortage response actions adopted under Section 10632 of the Water Code for a shortage level of up to twenty percent (Level 2) by June 10, 2022; and WHEREAS, on June 6, 2022, the City Council declared a water shortage emergency, and adopted water use restrictions from Level 1 and Level 2 of the City of Burlingame's Water Shortage Contingency Plan; and WHEREAS, on June 10, 2022, the state prohibited the use of potable water for the irrigation of "non-functional turf" at large commercial, industrial, and institutional sites in Title 23 California Code of Regulations, Section 996(e)(1). "Non-functional turf' is defined as turf that is solely ornamental and not regularly used for human recreational purposes or for civic or community events. Non-functional turf does not include sports fields and turf that is regularly used for human recreational purposes or for civic or community events. Exceptions to this rule include residential lawns, parks, and irrigation as necessary to ensure the health of trees and other perennial non -turf plantings or to the extent necessary to address an immediate health and safety need; and WHEREAS, on December 21, 2022, the state readopted emergency regulations to prohibit wasteful and unreasonable water uses in Title 23 California Code of Regulations, Section 995; and WHEREAS, after three consecutive dry years, significant rain and snowfall from this past winter have effectively ended the drought in many areas of the state; and WHEREAS, as of March 20, 2023, the San Francisco Regional Water System is at 87.2% of total system storage where historically the median storage level for that day is 80.2%; and WHEREAS, on March 24, 2023, Governor Newsom ended many drought emergency provisions through Executive Order N-5-23 due to current water conditions and maintained other conservation measures that support regions still facing water supply challenges; and WHEREAS, on April 11, 2023, the San Francisco Public Utilities Commission unanimously passed an action to rescind their declaration of a local water shortage emergency while maintaining a voluntary call for an 11 % water use reduction within the San Francisco Regional Water System; and WHEREAS, City of Burlingame residents and businesses have exceeded the 10% voluntary water reduction target and decreased water use by 11 % in FY 2021-2022 compared to FY 2019-2020. NOW, THEREFORE, be it RESOLVED, and it is hereby ORDERED, that the City Council of the City of Burlingame hereby declares that a water shortage condition no longer exists in accordance with Section 15.06 of the Burlingame Municipal Code; and BE IT FURTHER RESOLVED that City staff is authorized to continue to implement water use restrictions consistent with Title 23, Sections 995 and 996 of the California Code of Regulations for the duration that this emergency regulation is in effect. 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 1st day of May, 2023, and was adopted thereafter by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: Meaghan Hassel -Shearer, City Clerk EXECUTIVE DEPARTMENT STATE OF CALIFORNIA EXECUTIVE ORDER N-5-23 WHEREAS on April 21, 2021, May 10, 2021, July 8, 2021, and October 19, 2021, 1 proclaimed States of Emergency to exist due to drought conditions; and WHEREAS the multi -year nature of the current drought, which began three years after the record -setting drought of 2012-2016, continues to have significant, immediate impacts on communities across California with vulnerable water supplies, farms that rely on irrigation to grow food and fiber, and fish and wildlife that rely on stream flows and cool water; and WHEREAS the March 3, 2023, snow survey conducted by the Department of Water Resources and partner agencies found that most regions of the Sierra Nevada are above average for snow water content, and some regions are nearing record amounts of snow, and snow and rain has fallen across many regions of the state since then, with more precipitation forecasted; and WHEREAS improved conditions have helped rehabilitate surface water supplies, but have not abated the severe drought conditions that remain in some parts of the State, including the Klamath River basin and the Colorado River basin, and many groundwater basins throughout the State remain depleted from overreliance and successive multi -year droughts; and WHEREAS continued action by the State is needed to address ongoing consequences of the drought emergency, including groundwater supply shortages, domestic well failures, and drought -related harm to native fishes in the Klamath River and Clear Lake watersheds; and WHEREAS the drought emergency has required a dynamic and flexible response from the State, and several provisions in my prior Proclamations and Orders have been terminated or superseded already, specifically Paragraphs 4 and 8 of my State of Emergency Proclamation dated April 21, 2021, Paragraphs 2, 4, and 7 of my State of Emergency Proclamation dated May 10, 2021, Paragraphs 3, 4, 5, 6, and 10 of my State of Emergency Proclamation dated July 8, 2021, and Paragraph 9 of Executive Order N-7-22; and WHEREAS improved conditions warrant an even more targeted State response to the ongoing drought emergency and certain provisions in my State of Emergency Proclamations dated April 21, 2021, May 10, 2021, July 8, 2021, and October 19, 2021, and in Executive Orders N-10-21, N-7-22, and N-3-23 provide authority that is no longer needed to mitigate the effects of the drought conditions or direct actions by state agencies, departments, and boards that have already been completed; and WHEREAS notwithstanding the rescission of certain emergency authorities for emergency drinking water action, state agencies have existing legal authority and funding to continue expedited work to advance the human right to water, and state agencies will continue all ongoing drought resilience planning work, including through coordination with local agencies and tribes; and WHEREAS next winter's hydrology is uncertain and the most efficient way to preserve the State's improved surface water supplies is for Californians to continue their ongoing efforts to make conservation a way of life; and WHEREAS to protect public health and safety, it is critical the State take certain immediate actions without undue delay to prepare for and mitigate the effects of the drought conditions, and under Government Code section 8571, 1 find that strict compliance with various statutes and regulations specified in this Order would prevent, hinder, or delay the mitigation of the effects of the drought conditions. NOW, THEREFORE, I, GAVIN NEWSOM, Governor of the State of California, in accordance with the authority vested in me by the State Constitution and statutes, including the California Emergency Services Act, and in particular, Government Code sections 8567, 8571, and 8627, do hereby issue the following Order to become effective immediately: IT IS HEREBY ORDERED THAT: The orders and provisions contained in my State of Emergency Proclamations dated April 21, 2021, May 10, 2021, July 8, 2021, and October 19, 2021, and Executive Orders N-7-22 (March 28, 2022), N-3- 23 (February 13, 2023), and N-4-23 (March 10, 2023), remain in full force and effect, except as modified by those Proclamations and Orders and herein. State agencies shall continue to implement all directions from those Proclamations and Orders and accelerate implementation where feasible. 2. The following provisions of my State of Emergency Proclamation dated April 21, 2021, are terminated: a. Paragraph 2; b. Paragraphs 5-7; and c. Paragraphs 9-14. 3. The following provisions of my State of Emergency Proclamation dated May 10, 2021, are terminated: a. Paragraph 1; b. Paragraph 3; c. Paragraph 5; and d. Paragraphs 9-10. 4. The following provisions of my State of Emergency Proclamation dated July 8, 2021, are terminated: a. Paragraph 2; b. Paragraphs 7-8, except those portions of paragraph 7 withdrawing provisions of prior orders; c. Paragraphs 1 1-12. 5. The following provisions of my State of Emergency Proclamation dated October 19, 2021, are terminated: a. Paragraph 2; b. Paragraphs 4-5; c. Paragraph 8; and d. Paragraph 10. 6. The following provisions of Executive Order N-10-21 are terminated: a. Paragraph l; and b. Paragraph 3 7. The following provisions of Executive Order N-7-22 are terminated: a. Paragraphs 1-3; b. Paragraph 6; and c. Paragraphs 14-15. 8. The following provisions of Executive Order N-3-23 are terminated: a. Paragraph 1; and b. Paragraph 3, except those portions of the paragraph withdrawing provisions of prior orders. 9. Paragraph 6 of my State of Emergency Proclamation dated May 10, 2021, and Paragraph 9 of my State of Emergency Proclamation dated July 8, 2021, are withdrawn and replaced with the following text: To ensure critical instream flows for species protection in the Klamath River and Clear Lake watersheds, the State Water Resources Control Board (Water Board) and Department of Fish and Wildlife shall evaluate the minimum instream flows and other actions needed to protect salmon, steelhead, the Clear Lake Hitch, and other native fishes in critical streams systems in these watersheds and work with water users, tribes, and other parties on voluntary measures to implement those actions. To the extent voluntary actions are not sufficient, the Water Board, in coordination with the Department of Fish and Wildlife, shall consider emergency regulations to establish minimum instream flows to mitigate the effects of the drought conditions. For purposes of state agencies carrying out or approving any actions contemplated by this paragraph, Public Resources Code, Division 13 (commencing with Section 21000) and regulations adopted pursuant to that Division are suspended. Nothing in this Paragraph affects or limits the validity of actions already taken in the Klamath and Clear Lake watersheds or ongoing under Paragraph 6 of my State of Emergency Proclamation dated May 10, 2021, or Paragraph 9 of my State of Emergency Proclamation dated July 8, 2021. IT IS FURTHER ORDERED that as soon as hereafter possible, this Order be filed in the Office of the Secretary of State and that widespread publicity and notice be given of this Order. This Order is not intended to, and does not, create any rights or benefits, substantive or procedural, enforceable at law or in equity, against the State of California, its agencies, departments, entities, officers, employees, or any other person. IN WITNESS WHEREOF I have hereunto set my hand and caused the Great Seal of the State of California to be affixed this 24th I,- ,, ,- 4 n A—, —h 707'� ATTEST: SHIRLEY N. WEBER, PH.D. Secretary of State San Francisco Water P o w e r � Sewer aax) AGENDA ITEM Public Utilities Commission City and County of San Francisco DEPARTMENT Water Enterprise AGENDA NO. 6 MEETING DATE April 11, 2023 Lift Water Shortage Emergency Declaration and Drought Surcharge and Continue Systemwide Water Use Reduction Project Manager: Paula Kehoe Public Hearin: Lift Water Shortage Emergency Declaration and Drought Surcharge and Continue Voluntary Systemwide Water Use Reduction of 11% Summary of Proposed Commission Action: Public hearing to consider and possible action to (1) rescind the declaration of a local Water Shortage Emergency adopted by the San Francisco Public Utilities Commission (SFPUC) on November 23, 2021, by Resolution No. 21- 0177, that also imposed a mandatory temporary drought surcharge for SFPUC retail customers, and (2) continue the voluntary system -wide water use reduction of 11 % compared to baseline water use during Fiscal Year 2019- 2020 to remain consistent with State Water Resources Control Board emer enc drought regulations still in effect. Background: On November 23, 2021, by Resolution No. 21-0177, the Commission approved the declaration of a local Water Shortage Emergency pursuant to the California Water Code (Division 1, Chapter 3, Sections 350-359). In the same action, the Commission: (1) called for a voluntary system -wide 10% reduction in water use compared to baseline water use during Fiscal Year 2019-2020; (2) authorized the General Manager to implement actions consistent with Shortage Level 1 of the SFPUC's 2020 Water Shortage Contingency Plan (WSCP), adopted by the Commission on June 11, 2021, by Resolution No. 21-0100; and (3) implemented a drought surcharge of up to 5% on all retail water and wastewater volumetric rates as of April 1, 2022, in accordance with the Schedule of Retail Water Rates and Wastewater Rates adopted by the Commission on April 10, 2018, by Resolution Nos. 18-0053 and 18-0054, respectively. Per the Schedule of Rates, the drought surcharge remains in effect until the Commission adopts a resolution to rescind the local Water Shortage Emergency declaration. On May 24, 2022, by Resolution No. 22-0098, the Commission adopted an increased system -wide water use reduction of 11 % compared to baseline water use during Fiscal Year 2019-2020, consistent with Shortage Level 2 of the SFPUC's WSCP and authorized the General Manager to implement APPROVAL: COMMISSION SECRETARY Donna Hood Agreement: Rescind Water Shortage Emergency Declaration Commission Meeting Date: April 11, 2023 actions under Shortage Level 2 of the WSCP, effective July 1, 2022. This Commission action was taken in response to emergency regulations adopted by the State Water Resources Control Board (State Water Board) by State Water Board Resolution No. 2022-0018, at the direction of the Governor in Executive Order N-7-22 dated March 28, 2022. On February 13, 2023, the Governor issued Executive Order N-3-23, which continued the statewide drought emergency and regulations in effect, but also directed state agencies to provide recommendations on whether any existing provisions in the Governor's drought proclamations and executive orders are no longer needed to mitigate drought conditions. As of today's Commission meeting, based on system -wide hydrologic conditions and water storage in the SFPUC's reservoirs, the SFPUC has determined that a water shortage condition no longer exists. Accordingly, Staff recommends that the Commission rescind the SFPUC's Water Shortage Emergency declaration and the temporary drought surcharge that the Commission adopted on November 23, 2021, by Resolution No. 21-0177. The voluntary system -wide water use reduction of I I% that the Commission adopted on May 24, 2022, by Resolution No. 22-0098, must remain in effect consistent with State Water Board regulations (Cal. Code of Regulations, title 23, section 996), which continue to require the SFPUC to remain in Level 2 of its drought response in its WSCP. If and when the State Water Board modifies its regulations to no longer require the SFPUC to implement Level 1 or Level 2 actions of its WSCP, the SFPUC may rescind its resolution adopting Level 2 of its WSCP, including the 11% voluntary system -wide reduction. Also, the minimum annual purchase requirements that apply to certain SFPUC wholesale water customers that have other sources of water supply available to them, under Section 3.07.0 of the Water Supply Agreement between the SFPUC and its wholesale customers, as amended and restated on January 26, 2021, by Resolution No. 21-0009, with subsequent approval by the wholesale customers, will continue to be waived until the State Water Board modifies or ends its regulations requiring Level 2 implementation, because the State Water Board's regulations were developed at the direction of the Governor in Executive Order N-7-22 and result in impacts to water supply deliveries from the Regional Water System. The SFPUC believes it is no longer necessary for the State to maintain a statewide requirement that all agencies with a WSCP remain in Shortage Level 2 of their drought response plans. On March 16, 2023, in response to the greatly improved local and statewide hydrologic conditions, the SFPUC submitted a letter to the Chair of the State Water Board and Director of the California Department of Water Resources, requesting they advise the Governor to modify the current drought proclamation to lift requirements for WSCP Level 2 actions from water agencies with sufficient, demonstrated supplies. (See Attachment 1). On March 24, 2023, in response to these improved conditions, the Governor issued Executive Order N-5-23, which rescinded the relevant portions of Executive Order N-7-22 that prompted the State Water Board to require urban water suppliers to implement Level 2 of Agreement: Rescind Water Shortage Emergency Declaration Commission Meeting Date: April 11, 2023 their drought response plans. While it is likely that the State Water Board will act in response to the Governor's March 24, 2023 termination, the State Water Board has not indicated if or when it plans to lift this requirement in its regulations. The SFPUC's temporary water waste restriction on use of potable water to irrigate non-functional, ornamental commercial turf during drought, which the Commission adopted on June 28, 2022, by Resolution No. 22-0126, to align with the State Water Board's drought requirements, also remains in effect. Pursuant to San Francisco Charter Section 4.104(a)(1), a Notice of Public Hearing was posted at the San Francisco Main Library and on the SFPUC's website on March 20, 2023. Description of This item seeks Commission approval to rescind Resolution No. 21-0177, Action: thereby (1) ending the local Water Shortage Emergency declaration and (2) ending the retail customer drought surcharge effective May 1, 2023, and to rescind the voluntary system -wide water use reduction of 11 % (Resolution No. 22-0098) when the State Water Board modifies or ends its drought emergency regulations to no longer require the SFPUC to implement the drought res onse actions of its WSCP. Result of Inaction: A delay in adopting this Action will hinder the SFPUC's ability to lift its Water Shortage Emergency declaration and end the temporary drought surcharge on retail customers, actions which are no longer needed due to reatl im roved systemwide hydrologic conditions. Schedule: The local Water Shortage Emergency declaration will end effective immediately upon Commission approval. The retail customer drought surcharge will end effective May 1, 2023. The voluntary system -wide water use reduction of 11% and corresponding waiver of the minimum annual purchase requirements that apply to certain wholesale water customers of the SFPUC will end effective immediately upon State Water Board action to end implementation of Level 1 or Level 2 actions and the SFPUC rescinding its Resolution No. 22-0098. Environmental On November 23, 2021, by Resolution No. 21-0177, this Commission Review: declared a Water Shortage Emergency. Prior to this, on November 12, 2021, the Planning Department determined that authorization of the SFPUC General Manager to implement the SFPUC's WSCP in response to the emergency is statutorily exempt from environmental review in accordance with California Environmental Quality Act (CEQA) Section 21080(b)(4) and CEQA Guidelines Section 15269(c) (Case Number 2021-011567ENV), which exempt specific actions necessary to prevent or mitigate an emergency. The continued voluntary system -wide water use reduction, consistent with State Water Resources Control Board emergency drought regulations, remains within the scope of the project authorized under the Statutory Exemption. The exemption can be found here: https:Hsfpuc.sharefile.com/share/view/sb0240d7l2b4f4l3 l aac974730el84b67 Agreement: Rescind Water Shortage Emergency Declaration Commission Meeting Date: April 11, 2023 Recommendation: SFPUC staff recommends that the Commission adopt the attached resolution. Attachments: 1. SFPUC Letter to State Water Board and Department of Water Resources 2. Governor's Executive Order N-5-23 to Ease Drought Restrictions PUBLIC UTILITIES COMMISSION City and County of San Francisco RESOLUTION NO. WHEREAS, On November 23, 2021, by Resolution No. 21-0177, the San Francisco Public Utilities Commission (SFPUC) declared a local Water Shortage Emergency and adopted a 10% systemwide water use reduction compared to baseline water use during Fiscal Year 2019- 2020, which called for a 5% water use reduction by the SFPUC's retail customers and 13.7% water use reduction by the SFPUC's wholesale customers, to collectively achieve a systemwide water use reduction of 10%, consistent with Shortage Level I of the SFPUC's Water Shortage Contingency Plan (WSCP), adopted by the Commission on June 11, 2021, by Resolution No. 21- 0100, and the Water Shortage Allocation Plan (WSAP), which is Attachment H of the Water Supply Agreement between the City and County of San Francisco and its Wholesale Customers in Alameda County, San Mateo County, and Santa Clara County, as amended and restated on January 26, 2021, by Resolution No. 21-0009, with subsequent approval by the wholesale customers (Water Supply Agreement); and WHEREAS, On March 28, 2022, the Governor issued Executive Order N-7-22, which directed the State Water Resources Control Board (State Water Board) to adopt emergency regulations requiring each urban water supplier that has submitted a WSCP to the California Department of Water Resources to implement, at a minimum, shortage response actions adopted under Section 10632 of the California Water Code for a shortage level of up to 20% (Shortage Level 2); and WHEREAS, On May 24, 2022, the State Water Board adopted such regulations by State Water Board Resolution No. 2022-0018, Resolution to Adopt an Emergency Regulation to Reduce Demand and Improve Water Conservation, 23 Cal. Code of Regulations § 996 (State Water Board Regulations); and WHEREAS, In response to the State Water Board Regulations, on May 24, 2022, by Resolution No. 22-0098, the Commission adopted an increased system -wide water use reduction of 11 % compared to baseline water use during Fiscal Year 2019-2020, consistent with Shortage Level 2 of the SFPUC's WSCP, and authorized the General Manager to implement actions under Shortage Level 2 of the WSCP, effective July 1, 2022; and WHEREAS, On February 13, 2023, the Governor issued Executive Order N-3-23, which continued the statewide drought emergency and regulations in effect, but also directed state agencies to provide recommendations on whether any existing provisions in the Governor's drought proclamations and executive orders are no longer needed to mitigate drought conditions; and WHEREAS, on March 24, 2023, the Governor issued Executive Order N-5-23, which among other actions terminated the portion of Executive Order N-7-22 that prompted the State Water Board to adopt Resolution No. 22-0018 and require urban water suppliers to implement, at minimum, Level 2 of their water shortage contingency plans; and WHEREAS, Based on systemwide hydrologic conditions and water storage in the SFPUC's reservoirs as of the date of this Commission meeting and as projected through the rest of the year, the SFPUC has determined that a water shortage condition no longer exists, and therefore a declaration of a local Water Shortage Emergency is no longer needed; and WHEREAS, The voluntary system -wide water use reduction of 11 % that the Commission adopted on May 24, 2022, by Resolution No. 22-0098, remains in effect, consistent with the State Water Board Regulations that were adopted May 24, 2022, at the direction of the Governor in Executive Order N-7-22, and Resolution No. 22-0098 should be rescinded if and when the State Water Board modifies those regulations to no longer require the SFPUC to implement at Level 1 or Level 2 of its WSCP; and WHEREAS, The minimum annual purchase requirements that apply to certain SFPUC wholesale water customers under Section 3.07.0 of the Water Supply Agreement will continue to be waived until the State Water Board modifies its regulations to no longer require the SFPUC to implement Level 2 of its WSCP implementation, because the State Water Board Regulations were developed at the direction of the Governor in Executive Order N-7-22 and result in impacts to water supply deliveries from the Regional Water System; and WHEREAS, On November 12, 2021 the San Francisco Planning Department Environmental Review Officer issued a statutory exemption determination under California Environmental Quality Act ("CEQA") Section 21080(b)(4) and CEQA Guidelines Section 15269(c), under Case Number 2021-011567ENV and the continued voluntary system -wide water use reduction, consistent with State Water Resources Control Board emergency drought regulations, remains within the scope of the project authorized under the Statutory Exemption; and WHEREAS, Pursuant to San Francisco Charter Section 4.104(a)(1), a Notice of Public Hearing regarding the action to rescind the local declaration of a Water Shortage Emergency was posted at the San Francisco Main Library and on the SFPUC website on March 20, 2023, now, therefore, be it RESOLVED, That the Commission rescinds Resolution No. 21-0177, thereby ending the local water shortage emergency declaration (Cal. Water Code §§ 350-359), and ending the 5% retail customer drought surcharge effective May 1, 2023; and be it FURTHER RESOLVED, That Resolution No. 22-0098, which adopted a voluntary system -wide water use reduction of 11 % and directed the General Manager to take other actions consistent with Level 2 of the WSCP, shall be rescinded effective upon the termination, rescission, or amendment of the State Water Board Regulations to no longer require SFPUC to implement Level 1 or Level 2 actions of the SFPUC's WSCP. I hereby certify that the foregoing resolution was adopted by the Public Utilities Commission at its meeting of April 11, 2023. Secretary, Public Utilities Commission San Francisco r Power Se wer we r e Services of the San Francisco Public Utilities Commission March 16. 2023 Joaquin Esquivel, Chair State Water Resources Control Board 1001 1 Street Sacramento, CA 95814 Dear Chair Esquivel and Director Nemeth, 525 Golden Gate Avenue. 13th Floor San Francisco, CA 94102 T 415.554.3155 F 415.554.3161 TTY 415.554.3488 Karla Nemeth, Director California Department of Water Resources 1416 Ninth Street, Sacramento, CA 95814 The San Francisco Public Utilities Commission (SFPUC) is submitting this letter for your consideration of recommended changes to the Governor's emergency drought proclamations and executive orders currently in effect. The Governor's February 2023 Executive Order N-3-23 extended the duration of existing emergency drought proclamations and orders and requested State agencies to provide recommendations for what further actions, if any, are necessary for ongoing emergency drought response, and whether any existing provisions are no longer needed to prepare for and mitigate the effects of the drought conditions. Given the dramatic improvement in water supply conditions in much of California, we recommend State emergency drought regulations be modified to rescind requirements for Water Shortage Contingency Plan Level 2 response actions from water suppliers with demonstrated sufficient supplies that face no water shortages. The SFPUC's regional system serves 2.7 million people in four Bay Area counties. Starting in 2021, to align with the State's escalating drought response actions, the SFPUC adopted a local declaration of drought emergency, seeking systemwide reductions and imposing a drought surcharge on our retail customers and water budgets on our wholesale customers. In London N. Breed Mayor Newsha K. Ajaml President 2022, we modified our local declaration to reflect the Governor's March 2022 Sophie Maxwell Executive Order N-7-22, that among other things, directed urban water Vice President suppliers to implement Level 2 shortage response actions. We also conducted a major drought outreach campaign across our system and provided extensive conservation assistance through our ongoing programs. Our customers responded positively, and we met our systemwide 11 percent reduction goal. OUR MISSION: To provide our customers with high -quality, efficient, and reliable water, power and sewer services in a manner that values environmental and community interests and sustains the resources entrusted to our care. Tim Paulson Commissioner Anthony Rlvera Commissioner Kate H. Stacy Commissioner Dennis J. Herrera General Manager 4 I We expect our regional water system to fill this year. Extremely wet conditions since December 2022 show that hydrologically we are in good shape. Through March 12, 2023 our Sierra precipitation index was 52.86 inches compared to an annual average total of 36.68 inches. Similarly, our Bay Area precipitation index was 37.44 inches compared to an annual average total of 22.80 inches. Our reservoirs, including our Water Bank in Don Pedro Reservoir, after snowmelt will be 100% full this year. But rain or shine, we continue to implement a robust conservation program for our retail service area and across our regional system through the Bay Area Water Supply and Conservation Agency that represents our wholesale customers. We hope you will consider our recommendation that the State's emergency drought regulations be modified to rescind requirements for Level 2 response actions from suppliers like the SFPUC with ample supplies, no foreseeable water shortages, and ongoing comprehensive demand management programs. Sincerely, Dennis . Herrera tl- General Manager cc: Nicole Sandkulla, CEO and General Manager, BAWSCA EXECUTIVE DEPARTMENT STATE OF CALIFORNIA EXECUTIVE ORDER N-5-23 WHEREAS on April 21, 2021, May 10, 2021, July 8, 2021, and October 19, 2021, 1 proclaimed States of Emergency to exist due to drought conditions; and WHEREAS the multi -year nature of the current drought, which began three years after the record -setting drought of 2012-2016, continues to have significant, immediate impacts on communities across California with vulnerable water supplies, farms that rely on irrigation to grow food and fiber, and fish and wildlife that rely on stream flows and cool water; and WHEREAS the March 3, 2023, snow survey conducted by the Department of Water Resources and partner agencies found that most regions of the Sierra Nevada are above average for snow water content, and some regions are nearing record amounts of snow, and snow and rain has fallen across many regions of fhe state since then, with more precipitation forecasted: and WHEREAS improved conditions have helped rehabilitate surface water supplies, but have not abated the severe drought conditions that remain in some parts of the State, including the Klamath River basin and the Colorado River basin, and many groundwater basins throughout the State remain depleted from overreliance and successive multi -year droughts; and WHEREAS continued action by the State is needed to address ongoing consequences of the drought emergency, including groundwater supply shortages, domestic well failures, and drought -related harm to native fishes in the Klamath River and Clear Lake watersheds; and WHEREAS the drought emergency has required a dynamic and flexible response from the State, and several provisions in my prior Proclamations and Orders have been terminated or superseded already, specifically Paragraphs 4 and 8 of my State of Emergency Proclamation dated April 21, 2021, Paragraphs 2, 4, and 7 of my State of Emergency Proclamation dated May 10, 2021, Paragraphs 3, 4, 5, 6, and 10 of my State of Emergency Proclamation dated July 8, 2021, and Paragraph 9 of Executive Order N-7-22; and WHEREAS improved conditions warrant an even more targeted State response to the ongoing drought emergency and certain provisions in my State of Emergency Proclamations dated April 21, 2021, May 10, 2021, July 8, 2021, and October 19, 2021, and in Executive Orders N-10-21, N-7-22, and N-3-23 provide authority that is no longer needed to mitigate the effects of the drought conditions or direct actions by state agencies, departments, and boards that have already been completed; and WHEREAS notwithstanding the rescission of certain emergency authorities for emergency drinking water action, state agencies have existing legal authority and funding to continue expedited work to advance the human right to water, and state agencies will continue all ongoing drought resilience planning work, including through coordination with local agencies and tribes; and WHEREAS next winter's hydrology is uncertain and the most efficient way to preserve the State's improved surface water supplies is for Californians to continue their ongoing efforts to make conservation a way of life; and WHEREAS to protect public health and safety, it is critical the State fake certain immediate actions without undue delay to prepare for and mitigate the effects of the drought conditions, and under Government Code section 8571, 1 find that strict compliance with various statutes and regulations specified in this Order would prevent, hinder, or delay the mitigation of the effects of the drought conditions. NOW, THEREFORE, I, GAVIN NEWSOM, Governor of the State of California, in accordance with the authority vested in me by the State Constitution and statutes, including the California Emergency Services Act, and in particular, Government Code sections 8567, 8571, and 8627, do hereby issue the following Order to become effective immediately: IT IS HEREBY ORDERED THAT: 1. The orders and provisions contained in my State of Emergency Proclamations dated April 21, 2021, May 10, 2021, July 8, 2021, and October 19, 2021, and Executive Orders N-7-22 (March 28, 2022), N-3- 23 (February 13, 2023), and N-4-23 (March 10, 2023), remain in full force and effect, except as modified by those Proclamations and Orders and herein. State agencies shall continue to implement all directions from those Proclamations and Orders and accelerate implementation where feasible. 2. The following provisions of my State of Emergency Proclamation dated April 21, 2021, are terminated: a. Paragraph 2; b. Paragraphs 5-7; and c. Paragraphs 9-14. 3. The following provisions of my State of Emergency Proclamation dated May 10, 2021, are terminated: a. Paragraph 1; b. Paragraph 3; c. Paragraph 5; and d. Paragraphs 9-10. 4. The following provisions of my State of Emergency Proclamation dated July 8, 2021, are terminated: a. Paragraph 2; b. Paragraphs 7-8, except those portions of paragraph 7 withdrawing provisions of prior orders; c. Paragraphs 11-12. 5. The following provisions of my State of Emergency Proclamation dated October 19, 2021, are terminated: a. Paragraph 2; b. Paragraphs 4-5; c. Paragraph 8; and d. Paragraph 10. 6. The following provisions of Executive Order N-10-21 are terminated: a, Paragraph 1; and b. Paragraph 3 7. The following provisions of Executive Order N-7-22 are terminated: a. Paragraphs 1-3; b. Paragraph 6; and C. Paragraphs 14-15. 8. The following provisions of Executive Order N-3-23 are terminated: a. Paragraph 1; and b. Paragraph 3, except those portions of the paragraph withdrawing provisions of prior orders. 9. Paragraph 6 of my State of Emergency Proclamation dated May 10, 2021, and Paragraph 9 of my State of Emergency Proclamation dated July 8, 2021, are withdrawn and replaced with the following text: To ensure critical instream flows for species protection in the Klamath River and Clear Lake watersheds, the State Water Resources Control Board (Water Board) and Department of Fish and Wildlife shall evaluate the minimum instream flows and other actions needed to protect salmon, steelhead, the Clear Lake Hitch, and other native fishes in critical streams systems in these watersheds and work with water users, tribes, and other parties on voluntary measures to implement those actions. To the extent voluntary actions are not sufficient, the Water Board, in coordination with the Department of Fish and Wildlife, shall consider emergency regulations to establish minimum instream flows to mitigate the effects of the drought conditions. For purposes of state agencies carrying out or approving any actions contemplated by this paragraph, Public Resources Code, Division 13 (commencing with Section 21000) and regulations adopted pursuant to that Division are suspended. Nothing in this Paragraph affects or limits the validity of actions already taken in the Klamath and Clear Lake watersheds or ongoing under Paragraph 6 of my State of Emergency Proclamation dated May 10, 2021, or Paragraph 9 of my State of Emergency Proclamation dated July 8, 2021. IT IS FURTHER ORDERED that as soon as hereafter possible, this Order be filed in the Office of the Secretary of State and that widespread publicity and notice be given of this Order. This Order is not intended to, and does not, create any rights or benefits, substantive or procedural, enforceable at law or in equity, against the State of California, its agencies, departments, entities, officers, employees, or any other person. IN WITNESS WHEREOF I have hereunto set my hand and caused the Great Seal of the State of California to be affixed this 24th day of March 2023. EWSOM V ' r of California ATTEST: SHIRLEY N. WEBER, PH.D. Secretary of State BUR— IN�A AGENDA NO: 8f 1... STAFF REPORT MEETING DATE: May 1, 2023 To: Honorable Mayor and City Council Date: May 1, 2023 From: Jeremy Kirshner, Assistant to the City Manager — (650) 558-7229 Subject: Open Nomination Period to Fill One Vacancy on the Library Board of Trustees RECOMMENDATION Staff recommends that the City Council call for applications to fill a vacancy on the Library Board of Trustees. The pending vacancy is due to the expiring term of Board member Mike Nagler. The recommended deadline is Friday, June 2, 2023. This will allow applicants an opportunity to attend the Library Board meeting on May 16, 2023. The new term will be from July 1, 2023 — June 30, 2026. BACKGROUND The City's current Commissioner appointment procedure calls for any Commissioner desiring reappointment to apply in the same manner as all other candidates. All past applicants on the two- year waitlist will be informed of the vacancy. 1 BUR— IN�AAGENDA NO: 9a STAFF REPORT MEETING DATE: May 1, 2023 To: Honorable Mayor and City Council Date: May 1, 2023 From: Helen Yu -Scott, Finance Director — (650) 558-7222 Subject: Public Hearing and Adoption of a Resolution Approving the City of Burlingame Master Fee Schedule for Fiscal Year 2023-24 RECOMMENDATION Staff recommends that the City Council: 1) Hold a public hearing in connection with updates to the City's Master Fee Schedule, and 2) Adopt a resolution approving the Master Fee Schedule for fiscal year 2023-24. BACKGROUND The City Council has traditionally approved a Master Fee Schedule as part of the budget process. 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. 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 2018, the City adopted a User Fee Cost Recovery Policy that established guidelines for the amount of cost recovery that is appropriate for the various services for which a fee is charged. Staff recommendations for fees were developed in accordance with these guidelines. The City Council reviewed the proposed fees on April 3, 2023. In compliance with California Government Code § 66016, the Council established a public hearing for May 1, 2023 (Resolution No. 038-2023); notice of the public hearing was duly provided; and the proposed Master Fee Schedule for fiscal year 2023-24 was posted to the City's web page at: Master Fee Schedule. DISCUSSION The Central County Fire Department (CCFD) establishes fees for Fire services. 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, usually every other year. CCFD has historically established fees based upon the cost of providing the service. The Fire Board approved the CCFD Master Fee Schedule for fiscal year 2023-24 on April 12, 2023. Master Fee Schedule Fiscal Year 2023-24 May 1, 2023 Pursuant to State law, certain fees associated with development projects (to be charged by the Community Development Department, as well as 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. All fees will be effective July 1, 2023. FISCAL IMPACT Changes to the City's Master 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/demand of each activity varies. Exhibits: • A Resolution 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 2 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME APPROVING THE 2023-24 MASTER FEE SCHEDULE FOR CITY SERVICES 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, in 2015, the City conducted an update of the City's Cost Allocation Plan (CAP) and a comprehensive review of the City's schedule of fees to ensure that the fees charged by the City to the users of City services and facilities do not exceed the actual costs of providing the services or facilities; and WHEREAS, these studies have since informed the annual review of the City's fee schedule, resulting in numerous adjustments to ensure that the City recovers the full cost of providing services and facilities while at the same time not exceeding the cost of providing those services and facilities; and WHEREAS, the City Council has determined to keep some fees below the level of full cost recovery to make the related services more readily available to citizens; and WHEREAS, pursuant to Government Code section 6601, on April 3, 2023, the City Council set a public hearing for May 1, 2023, to consider the adjusted fees (Resolution No. 038-2023); and WHEREAS, notice of the City's proposed fee schedule and of the May 1, 2023 public hearing in connection therewith has been duly provided pursuant to the provisions of State law; and WHEREAS, certain fees to be charged by the Planning and Building Divisions of the Community Development Department and the development fees to be charged by the Fire Department and the Engineering Division of the Public Works Department cannot become effective until sixty (60) days after adoption of this resolution, pursuant to Government Code section 66017; and WHEREAS, all adjusted fees as delineated in the Master Fee Schedule shall become effective July 1, 2023; and WHEREAS, despite every effort to ensure that all City fees for services are contained in the 2023-24 Master Fee Schedule, there may be some existing fees provided for in the Municipal Code, administrative procedures, or elsewhere that have been omitted from the Master Fee Schedule, and nothing in this resolution or Council action is intended to repeal those fees nor is this resolution or Council action intended to affect in any way any taxes or assessments of any kind. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BURLINGAME DOES HEREBY RESOLVE AND ORDER AS FOLLOWS: 1. All of the facts and assertions recited above, in the staff report, and in supporting documentation are true and correct, and the Council relies upon same in adopting the Master Fee Schedule. 2. The City Council approves the 2023-24 Master Fee Schedule, attached hereto as Exhibit A and incorporated as if fully set forth herein. 3. The 2023-24 Master Fee Schedule shall become effective on July 1, 2023. Michael Brownrigg, Mayor I, Meagan 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 1st day of May, 2023, by the following vote to wit: AYES: Councilmembers NOES: Councilmembers: ABSENT: Councilmembers: Meagan Hassel -Shearer, City Clerk City of Burlingame Master Fee Schedule EFFECTIVE ON JULY 1, 2023 BURLINGAME 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 - %" 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 backflow 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 e4RL1NGA ME Fiscal Year 2023-24 Master Fee Schedule ENGINEERING SERVICE REFERENCE FEE SUBDIVISION MAPS Lot Line Adjustment Resolution No. 32-2009 $3,097.00 (application fee) (Section 26.24.090) + actual City consultant costs Lot Combination Resolution No. 32-2009 $3,097.00 (application fee) Section 26.24.090 + actual City consultant costs Subdivision Map Resolution No. 32-2009 $4,597.00 plus deposit, plus Sections 26.24.090/ $280.00 for each additional 26.16.151 lot in excess of 5 lots; plus, actual City consultant costs City Benchmark Maintenance Applies to development $4,000 per map action projects that require a (parcel or final map) map action by Council Condominium Map Resolution No. 32-2009 $3,739.00, plus $703.00 for Sections 26.24.090/ each additional unit over 4 26.16.151 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 V 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 e4RL1NGA ME 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 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 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 e4RL1NGA ME 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. b. 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 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 I $ 5,537 I $3,838 I $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 e4RL1NGA 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 Parking 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 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= 4-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 e4RL1NGA ME 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) $41481.60 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 WATER 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 WATER 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 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?nodeld=TIT6AN#! Page 88 �v ci�v o STAFF REPORT APORA< Honorable Mayor and City Council To: Date: May 1, 2023 AGENDA ITEM NO: 9b MEETING DATE: May 1, 2023 From: Helen Yu -Scott, Finance Director — (650) 558-7222 Subject: Public Hearing and Adoption of Broadway Area Business Improvement Assessments for Fiscal Year 2023-24 RECOMMENDATION Staff recommends that the City Council: 1. Hold a public hearing to consider any protests to the Broadway Area BID assessments; 2. End the public hearing and ask the City Clerk to report out any protests filed with the City; and, 3. If the protests do not represent a majority of the value of assessments, then adopt the resolution setting the 2023-24 fiscal year assessments. BACKGROUND The City Council adopted a resolution of intention to set the 2023-24 fiscal year Broadway Area BID assessments on April 3, 2023, and established May 1, 2023, at 7:00 p.m. as the public hearing date and time. Notice of the public hearing was sent to owners of all businesses within the district during the week of April 10tn DISCUSSION No changes in the boundaries, assessments, or business classifications of the business district are proposed. If there is a protest by businesses that represent a majority of the value of the assessments, then the resolution cannot be approved. As of the time of writing this staff report, the City had received one protest, although protests may be presented in writing before or at the hearing. Any and all protests must be received by the City Clerk at or before the closure of the Dublic hearina. FISCAL IMPACT Up to $28,400 in assessments is collected annually with City business licenses. All of these funds are forwarded to the Broadway Area Business Improvement District for improvements as authorized by the BID Board of Directors. The City of Burlingame covers the expenses associated with the renewal of the BID. 1 Broadway Area Business Improvement District Assessments May 1, 2023 Exhibits: • Resolution of the City Council of the City of Burlingame Establishing 2023-24 Fiscal Year Assessments for the Broadway Area Business Improvement District and Determining that No Majority Protest Has Been Made Broadway Area BID Assessment Roll (showing weight of protest votes) 2 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME ESTABLISHING AND LEVYING 2023-24 ASSESSMENTS FOR THE BROADWAY AREA BUSINESS IMPROVEMENT DISTRICT 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 ("BABID") 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; and WHEREAS, on April 3, 2023, the Burlingame City Council approved the BABID's annual report and adopted a Resolution of Intention to levy BABID assessments for fiscal year 2023-24; and WHEREAS, the Burlingame City Council set a public hearing to consider its levy of assessments on the businesses in the BABID for May 1, 2023, at 7:00 p.m. in the Council Chambers. Members of the public may review 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.ora, and said public hearing was duly noticed as required by State law; and WHEREAS, at the public hearing held on May 1, 2023 the Burlingame City Council received and considered all oral and written testimony from all interested persons and any and all written protests presented by businesses within the BABID; and WHEREAS, the method, basis, and amounts of the BABID assessments on businesses will remain the same as those levied in the pre -pandemic year for fiscal year 2023-24 so that improvements and programs may continue in the BABID; and WHEREAS, the BABID's proposed activities and improvements, the proposed assessments, and the boundaries of the District for the 2023-24 fiscal year are without change from those currently in place for the BABID; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BURLINGAME DOES HEREBY RESOLVE, DETERMINE, AND FIND AS FOLLOWS: 1. All of the facts and assertions recited above, in the staff report, and in supporting documentation are true and correct. 2. Written protests to assessments, improvements, or activities were not received at or before the close of the public hearing on May 1, 2023, that constituted a majority as defined in Government Code sections 36500 and following. 3. The City Council does hereby levy an assessment for the 2023-24 fiscal year on businesses in the BABID as described in City of Burlingame Ordinance No. 1461, to pay for improvements and activities of the BABID. 4. The types of improvements and activities to be funded by the levy of assessments on businesses in the BABID are set forth in Exhibit "A", attached hereto and incorporated herein. 5. The method and basis for levying the assessments on all businesses within the BABID are set forth in Exhibit "B", attached hereto and incorporated herein. 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 1st day of May, 2023, and was adopted thereafter by the following vote: AYES: Councilmembers: NOES: Councilmembers: ABSENT: Councilmembers: 2 Meaghan Hassel -Shearer, City Clerk EXHIBIT A Activities and programs to be Funded by the Levy of Assessments on Businesses in the Broadway Area Business Improvement District • Burlingame Pet Parade - September. • Halloween Trick -or -Treat Event - October. • Broadway Cheer Holiday Toy Drive with Central County Fire Department - December. • Install and maintain string lights on mature trees throughout the year. • Revamp and maintain Broadway website and promote events. • Revamp and maintain Pet Parade website and promote event. • Continue to grow and maintain social media presence of the Broadway merchants (Facebook, Google). • Promote new & existing businesses on Facebook. • Advertise Broadway Business District on Google. • Plan Hotel Concierge Tour. • Merchant communication efforts such as door-to-door, email, calling in regards to downtown updates, parking updates, upcoming events, construction, planned power outages, road closures etc., New merchants welcomed by BID President. • Assist new merchants during planning and building phase/process having difficulties with local, county and state agencies. • Work with Boys Scouts to set up and remove American flags to celebrate patriotic holidays. • Educate businesses in regard to encroachment permits and illegal "A -Frames". • Planning to update Broadway Business Directory brochure. • Shop Small Business Saturday - November. • "Bike to Shop Day" event by County of San Mateo. • Communicate with City and City departments in resolving any and all issues to beautify, clean, maintain and make Broadway a safe environment to shop. • Encourage business owners to renew their outdated/dilapidated awnings with up to $500 subsidy from BID. • Implement and maintain new & existing businesses on Google Map. I EXHIBIT B BROADWAY AREA BUSINESS IMPROVEMENT DISTRICT ASSESSMENT BASIS* BUSINESS TYPE RETAIL & RESTAURANT SERVICE PROFESSIONAL FINANCIAL NO. OF STAFF ** ANNUAL ASSESSMENT 4+ ---------------- $450 ----------------------- 1 - 3 $300 3+ $250 1-2 $150 3+ $200 1 - 2 $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. CITY OF BURLINGAME BROADWAY BUSINESS IMPROVEMENT DISTRICT ASSESSMENT ROLL - FISCAL YEAR 2023-2024 LICENSE CODE FEE #EMP NAME CONTACT ADDRESS % OF TOTAL 905991 D1 $ 450.00 9 CAFE FIGARO CIHAN AKKAYA 1318 BROADWAY 1.58% 914722 D1 $ 450.00 6 PRESTON'S CANDY & ICE CREAM IRENE PRESTON 1170 BROADWAY 1.58% 917378 D1 $ 450.00 5 WEIMAX CORPORATION WEIMAX CORPORATION 1178 BROADWAY 1.58% 917948 D1 $ 450.00 18 BROADWAY PRIME TIANMAR INC. 1316 BROADWAY 1.58% 918813 D1 $ 450.00 22 WALGREENS #06655-LICENSING WALGREEN CO. 1160 BROADWAY 1.58% 921407 D1 $ 450.00 12 RISTORANTE ROCCA ROCCA KURT'S BROTHERS, INC. 1205 BROADWAY 1.58% 922678 D1 $ 450.00 6 MIVAN RESTAURANT FIKRET DEMIRKOL 1232 BROADWAY 1.58% 923782 D1 $ 450.00 6 SUBWAY SANDWICH FAMILY FOOD, INC. / NINA WARAICH 1308 BROADWAY AVE 1.58% 925714 D1 $ 450.00 6 BURLINGAME FARMERS MARKET TOM & ASHRAF GHISHAN 1236 BROADWAY 1.58% 929855 D1 $ 450.00 5 YOUNG CAN WOK CHINESE BISTRO YONG WANG & LEANNA WANG 1200 BROADWAY 1.58% 929996 D1 $ 450.00 4 YANGON FRANK CHUNG WEI WANG 1136 BROADWAY 1.58% 930198 D1 $ 450.00 8 ROYAL DONUT CAFE, INC. VAUNG CHHUO 1165 BROADWAY 1.58% 930407 D1 $ 450.00 19 STARBUCKS CORPORATION STARBUCKS CORP 1230 BROADWAY 1.58% 930410 D1 $ 450.00 18 VILLAGE HOST 1201 BROADWAY 1.58% 932134 D1 $ 450.00 10 CAPPO MGMT IX, INC DBA OCEAN HONDA OF BU JEFFREEY E CAPPO 1070 BROADWAY 1.58% 932699 D1 $ 450.00 7 BONNE SANTE BROADWAY LYONS ANGELOS PARTNERSHIP 1431 BROADWAY 1.58% 933000 D1 $ 450.00 7 BROADWAY CENTRO PIZZA ELIO D'URZO 1326 BROADWAY 1.58% 933131 D1 $ 450.00 4 IL PICCOLO CAFFE PICCOLO CAFE INC 1219 BROADWAY 1.58% 950383 D1 $ 450.00 5 LAM FAM LLC LINDA LAM 1199 BROADWAY SUITE 2 1.58% 950757 D1 $ 450.00 5 BROADWAY GRILL LLC DZIUGAS DZIKARAS 1400 BROADWAY 1.58% 951038 D1 $ 450.00 6 E.B. HITT CORP. DBA SEQUOIA FOODS ERIC LITTSHWAGER 1399 BROADWAY 1.58% 951531 D1 $ 450.00 8 TOM SAM CORPORATION MINGYUE CHEN 1251 BROADWAY 1.58% 951664 D1 $ 450.00 7 STIX SNACK CAFE 1355 BROADWAY 1.58% 952427 D1 $ 225.00 8 OPAL OF BROADWAY ALICAN UCTEPE & BURAK GUNDOGDU 1184 BROADWAY 0.79% 909905 D2 $ 300.00 1 WILLIAM WARMBOE ANTIQUES ANTIQUE DEALER 1305 BROADWAY 1.06% 911683 D2 $ 300.00 2 NUTS FOR CANDY NOURIJAN & NORA KEVRANIAN 1241 BROADWAY 1.06% 912486 D2 $ 300.00 2 MR. Z'S PAMAELA P VOGT 1301 BROADWAY 1.06% 913026 D2 $ 300.00 3 DOLAN'S WINDOWS AND DOORS DOLAN'S OF CONCORD INC. 1410 BROADWAY 1.06% 922412 D2 $ 300.00 3 CAMINO COMPANY CO. COMINO COMPANY, LLC 1301 BROADWAY 1.06% 923883 D2 $ 300.00 2 ANGEL DANAE LLC KAREN LAWSON 1126 BROADWAY STE 7 1.06% 926637 D2 $ 300.00 1 1 WIRELESS INC I WIRELESS INC. 1212 BROADWAY 1.06% 927389 D2 $ 300.00 1 SHELTER DESIGN BUILD JEFFREY WONG 1433 BROADWAY 1.06% 927642 D2 $ 300.00 2 POT-POURRI ANTHONY DIEZ 1235 BROADWAY 1.06% 930004 D2 $ 300.00 1 SUTTERFIELD CONSIGNMENT GREGORY P HOTMANN 1174 BROADWAY 1.06% 930427 D2 $ 300.00 3 BEHAN'S "AN IRISH PUB" GERARD MITCHELL 1327 BROADWAY 1.06% 932188 D2 $ 300.00 2 ISTANBUL MARKET SF EVSEM INC 1129 PALOMA AVE APT 6 1.06% 932805 D2 $ 300.00 2 SKY RAMEN, INC SKY RAMEN INC 1320 BROADWAY AVE 1.06% 932961 D2 $ 400.00 3 BAYROOT LEBANESE CUISINE GMG CUISINE INC. 1130 BROADWAY 1.41% 933182 D2 $ 300.00 2 ARCH IN BUZZ INC DBA BURLINGAME LIQUORS ARCH BUZZ INC 1408 BROADWAY 1.06% 9423391 D2 $ 300.00 1 ALL THAT GLITTERS ISABELLE DE PAZ 1454 BROADWAY 1.06% CITY OF BURLINGAME BROADWAY BUSINESS IMPROVEMENT DISTRICT ASSESSMENT ROLL - FISCAL YEAR 2023-2024 950176 D21 300.00 3 FUUMI AN YUAN LEI 1190 BROADWAY 1.06% 950450 D2 $ 300.00 1 BURLINGAME LAGUNA FLORIST AND GIFT LUCY LOEURTH DUL 1202 BROADWAY 1.06% 951116 D2 $ 300.00 1 WALLBEDSSF, INC. DBA WALLBEDS 'N' MORE ERIC PARTRIDGE 1405 BROADWAY 1.06% 951364 D2 $ 300.00 2 LE CROISSANT CAFE VISETH SEN 1151 BROADWAY 1.06% 951663 D2 $ 300.00 1 URBAN CIGAR AND SMOKE SHOP ABDUL SATTAR A ALANEH 1199 BROADWAY 1.06% 951944 D2 $ 300.00 2 ASSIST BAY AREA INC. DBA REBORN. RAYMOND LIANG & MARGARITA LOZANO 1452 BROADWAY 1.06% 952003 D2 $ 300.00 1 EUGO, INC YERUULT GOMBOSED 1323 BROADWAY 1.06% 952481 D2 $ 225.00 3 BROADWAY KEBAB AND GYROS INC. SEYMA CIMENTAY 1232 BROADWAY 0.79% 907232 D3 $ 250.00 6 HEVRON STATIONS INC. #1504 CHEVRON STATIONS INC. 1101 BROADWAY 0.88% 917408 D3 $ 250.00 3 TUNISS COMPUTER OSAMA ABBOUSHI 1124 BROADWAY 0.88% 920765 D3 $ 250.00 3 TRENZ SALON L PUDLO-CORIC / D CHIOLO 1211 BROADWAY 0.88% 922681 D3 $ 250.00 5 R & M BROADWAY 76 INC ROGER & MAHER ABUYAGHI 1480 BROADWAY 0.88% 928773 D3 $ 250.00 3 NABI SALON, INC SU BLACKMUN 1361 BROADWAY 0.88% 928811 D3 $ 250.00 4 FOCUS-N-FLY, INC. THOMAS MCGLYNN 1425 BROADWAY STE 7 0.88% 929478 D3 $ 250.00 4 SPA ELYSEE ANTHONY PHAM 1360 BROADWAY 0.88% 929585 D3 $ 250.00 3 A&A GAS & MART GHULAM ALI 1100 BROADWAY 0.88% 930348 D3 $ 250.00 5 PPW 1300 BROADWAY, LLC. PPW 1300 BROADWAY, LLC 1300 BROADWAY 0.88% 931934 D3 $ 250.00 7 PAWSITIVELY GROOMED LLC CARLOS CHAVES 1427 BROADWAY 0.88% 932336 D3 $ 250.00 5 EPRINTS & DOCUMENT SERVICES S SHARABIANLOU 1120 BROADWAY 0.88% 950778 D3 $ 250.00 4 SALLY'S SPA HUONG BUI 1360 BROADWAY 0.88% 950928 D3 $ 250.00 5 MANI PEDI NAILS SPA HUONG THI THU BUI 1224 BROADWAY 0.88% 951763 D3 $ 250.00 3 BELLA'S BEAUTY SPA INC. JIE HU 1224 BROADWAY 0.88% 951768 D3 $ 250.00 5 SALLY NAIL SPA HUONG BUI 1360 BROADWAY 0.88% 951878 D3 $ 250.00 3 HOI AN BANH MI HUONG BUI 1352 BROADWAY 0.88% 908225 D4 $ 150.00 1 HJS PROP. & INVEST./ SECURED ASSET MGT HANK SAUER 1425 BROADWAY STE 12 0.53% 908621 D4 $ 150.00 1 CHIC AZITA FATEMI 1249 BROADWAY 0.53% 909412 D4 $ 150.00 1 ADAMS FINE TAILORING ADAM ARPACI 1324 BROADWAY 0.53% 913181 D4 $ 150.00 1 BRIAN FORNESI INSURANCE AGENT BRIAN FORNESI 1243 BROADWAY 0.53% 913277 D4 $ 150.00 1 BROADWAY CLEANERS PANDORA LAI 1234 BROADWAY 0.53% 916449 D4 $ 150.00 1 BELLALUNA-AVON PRODUCTS LINDA BULLIS 1310 BROADWAY 0.53% 917348 D4 $ 150.00 1 ON BROADWAY ANOUSH HOVANESSIAN 1163 BROADWAY 0.53% 921324 D4 $ 150.00 2 BROADWAY REALTY 1199 BROADWAY STE 5 0.53% 922244 D4 $ 150.00 1 CHEVRON USA (PA) 91909 CHEVRON USA 1101 BROADWAY 0.53% 922587 D4 $ 150.00 2 YOUR CLEANERS SO YOUNG PAIK 1321 BROADWAY 0.53% 922626 D4 $ 150.00 1 MARK PLANTE CONSULTING MARK PLANTE 1425 BROADWAY STE 3 0.53% 923462 D4 $ 150.00 1 ERIN PENSINGER ERIN PENSINGER 1425 BROADWAY STE 5 0.53% 924018 D4 $ 150.00 1 DYLAN SALON DYLAN PHAM 1199 CHULA VISTA AVE 0.53% 929603 D4 $ 150.00 1 COSMO NAIL & BEAUTY SPA TRAM HUYEN THI TRAN 1359 BROADWAY 0.53% 932794 D4 $ 150.00 1 ECONOMY SMOG CHECK LLC JONATHAN JUSTICE 1480 BROADWAY 0.53% 932923 D4 $ 150.00 1 LUSH LYFE STUDIO THUY LAN THI CAO 1134 BROADWAY 0.53% 933175 D4 $ 150.00 2 GROOMINGDALES ANTHONY MARK OLIVEIRA 1130 CHULA VISTA AVE 0.53% CITY OF BURLINGAME BROADWAY BUSINESS IMPROVEMENT DISTRICT ASSESSMENT ROLL - FISCAL YEAR 2023-2024 933494 D4 $ 150.00 2 THE AFTER GLO STUDIO JAMIE RIMANDO, MICHELLE REPIEDAD 1126 BROADWAY #4 0.53% 950485 D4 $ 300.00 3 AJISHO USA LLC NORIAKI KOJIMA & MASAYUKI TADOKORO 1204 BROADWAY 1.06% 951388 D4 $ 150.00 1 GENTEEL SOCIETY KRISTHANESS BERNARDO 1207 CAPUCHINO 0.53% 951482 D4 $ 150.00 1 ARIA BEAUTY BAR INC. JI KIM 1365 BROADWAY 0.53% 952430 D4 $ 150.00 1 BROADWAY MASSAGE THERAPY YOU ZHEN WU 1122 BROADWAY 0.53% 914434 D5 $ 200.00 3 AVR REALTY, INC. AVR REALTY, INC. 1169 BROADWAY 0.70% 917316 D5 $ 200.00 3 BROADWAY EYE CENTER DR ANDREW SOSS 1159 BROADWAY 0.70% 951708 D5 $ 200.00 4 CENTURY 21 REAL ESTATE ALLIANCE ORHAN TOLU 1243 BROADWAY 0.70% 910050 D6 $ 150.00 1 CELEBRITY CONNECTION WILLIAM LASKEY 1425 BROADWAY STE 19 0.53% 913602 D6 $ 150.00 2 T C KITA, O.D. T C KITA, O.D. 1322 BROADWAY 0.53% 917010 D6 $ 150.00 2 PENINSULA ACUPUNCTURE CENTER INC HUI LIN - HO WAI CHEUNG 1425 BROADWAY STE 8 0.53% 922599 D6 $ 150.00 1 JIM RUTHERFORD CONSULTATION JIM RUTHERFORD 1425 BROADWAY STE 4 0.53% 923961 D6 $ 150.00 1 EMILY KOEL, PHD EMILY KOEL 1425 BROADWAY STE 22 0.53% 924282 D6 $ 150.00 1 FAMILY INVESTMENTS MAHMOUD OLOUMI 1425 BROADWAY STE 16 0.53% 928243 D6 $ 150.00 1 FARMERS INSURANCE CRAIG DELLINGES 1425 BROADWAY STE 23 0.53% 908831 F2 $ 500.00 16 WELLS FARGO WELLS FARGO 1145 BROADWAY 1.76% 917390 F2 $ 500.00 3 STERLING BANK AND TRUST THOMAS M. O'BRIEN 1210 BROADWAY 1.76% 925833 F2 $ 500.00 6 JPMORGAN CHASE BANK JPMORGAN CHASE BANK, N.A. 1188 EL CAMINO REAL 1.76% $ 28,400.00 BUR— IN�AAGENDA NO: 10a STAFF REPORT MEETING DATE: May 1, 2023 To: Honorable Mayor and City Council Date: May 1, 2023 From: Kevin Gardiner, Community Development Director — (650) 558-7253 Joseph Sanfilippo, Economic Development & Housing Specialist — (650) 558-7264 Subject: Discussion of a Possible Community Event Street Closure Program for Burlingame Avenue RECOMMENDATION Staff recommends that the City Council discuss whether to consider a community event street closure program for Burlingame Avenue. BACKGROUND In 2020, the City initiated a series of measures to facilitate safe outdoor dining in the midst of the COVID-19 pandemic. The measures included implementing temporary street closure programs for both Downtown Burlingame Avenue and Broadway and installing parklets on side streets in the Downtown Burlingame Avenue area. Subsequently, the City terminated the temporary street closure program on Burlingame Avenue and converted to a parklet program due to concerns with overcrowding, lack of public adherence to social distancing protocols, and complaints from businesses regarding access and parking impacts. The City continued to allow the Broadway street closure for a number of months as there were no complaints of large gatherings or violations of social distancing protocols, and the Broadway Business Improvement District (BID) was supportive of the street closures. The street closure program was popular with many residents, and when the program was terminated, there was interest from Councilmembers in revisiting the matter once the pandemic health orders had been lifted. The State's public health emergency ended on February 28, 2023. DISCUSSION On March 8, 2023, the Economic Development Subcommittee discussed revisiting street closures in the commercial areas. Whereas the street closures piloted in 2020 were intended to offer outdoor space for businesses that were not able to operate indoors (prior to commencement of the parklet program), the current interest would be for the closures to serve as community events. At the meeting, Broadway Business Improvement District (BID) President John Kevranian indicated 1 Consideration of a Street Closure Program May 1, 2023 that street closures would not be of interest for Broadway due to access issues and a larger number of daytime service -oriented businesses that need parking for their customers. However, there was interest from the Downtown Business Improvement District (DBID) and Chamber of Commerce representatives in a potential multi -week closure of several blocks of Burlingame Avenue as a pilot to coincide roughly with the Chamber's Burlingame on the Avenue Festival taking place on August 19-20, 2023. In such a scenario, side streets would have to remain open for cross -traffic to allow traffic circulation and assist with access. To gauge potential interest in a street closure program, staff distributed a survey to merchants to help determine whether they would support longer -term street closures and where those closures should occur, if at all. The City received 45 responses to the survey. (Please refer to the staff report attachments for bar chart summaries of the responses.) Of the 45 responses received, four were from businesses in the 1100 block of Burlingame Avenue, six in the 1200 block, two in the 1300 block, seven in the 1400 block, two in the 200 block of Park Road, and 21 in other locations other than Burlingame Avenue or Park Road. (Three respondents skipped the question) When asked do you support long-term (multi -week) street closures, 20 respondents (48%) indicated that they would support a closure, and 22 respondents (52%) indicated that they would not. (Three respondents skipped the question) When asked where do you think makes most sense for a street closure, 18 respondents indicated all of Burlingame Avenue, two indicated the 1100 and 1200 blocks of Burlingame Avenue, six indicated the 1200 and 1300 blocks of Burlingame Avenue, two indicated the 1300 and 1400 blocks of Burlingame Avenue, six indicated Park Road, and 20 indicated "other" (respondents were allowed to select more than one option). Of the 20 respondents who indicated "other," most indicated they did not support any closures, though some suggested Primrose Road or Washington Park. When asked how long should long-term/seasonal event street closures be, six respondents (15%) indicated two weeks, three (8%) indicated three weeks, 11 (28%) indicated four weeks or longer, and 19 (49%) indicated they did not support long-term/seasonal event street closures. (Six respondents skipped the question) Finally, when asked should street closures be considered while parklets remain in place, 21 respondents (48%) indicated yes, and 23 (52%) indicated no. (One respondent skipped the question) There was also a free -form question asking respondents if they would like to provide any further comments. Please refer to the staff report attachments for responses to this question. It should be noted that any community event street closures in 2023 would be held while parklets remain in place, as parklets are allowed to remain until June 30, 2024. The parklet program will return to the Council for discussion as the June 30t" expiration date approaches. 2 Consideration of a Street Closure Program May 1, 2023 FISCAL IMPACT Fiscal impacts would be from staffing costs in setting up and breaking down the street closure, and lost parking revenue from on -street parking spaces during the closure. The lost parking revenues would depend on the duration of the closure and the number of blocks involved. Should there be interest in a closure program, staff can return with costs based on Council direction. Exhibits: • March 8, 2023 Draft Economic Development Subcommittee Meeting Minutes • Street Closure Survey — Summaries of Results 3 City Council Economic Development Subcommittee BURLIIVGA. E MINUTES (DRAFT) K Via Zoom Wednesday, March 8, 2023 — 8:30 a.m. ATTENDANCE Members Present: Mayor Michael Brownrigg, Vice Mayor Donna Colson Members Absent: Staff Present: City Manager (CM) Lisa Goldman, Community Development Director (CDD) Kevin Gardiner, Parks & Recreation Director (PRD) Margaret Glomstad, Finance Director (FD) Helen Yu - Scott, Economic Development & Housing Specialist (EDS) Joseph Sanfilippo, Deputy Director of Public Works Operations (DDPWO) Michael Heathcote; Street, Storm Drains & Sewer Division Manager (SSSD) Rick Horne Members of the Public Present: Jenny Kelleher (Downtown Business Improvement District (DBID) Board President), John Kevranian (Broadway BID Board President), Susan Baker (President/CEO of Chamber of Commerce), Hadia Khoury (Beautification Commission) READ AND APPROVE MINUTES FROM JANUARY 17 AND FEBRUARY 8, 2023 MEETINGS Approved. DISCUSSION ITEMS Discussion of Street Closure Programs CDD Gardiner introduced the topic, providing an overview of the community interest in street closures and their iteration during the height of the pandemic. He mentioned that the closures were popular during the pandemic, but there was concern that they were encouraging too much public gathering which was at odds with public health guidance. Community members were assured that the topic of street closures would be revisited once the pandemic had subsided. Vice Mayor Colson asked Public Works staff for an update on the parklet program and how street closures might interact with parklets. DDPWO Heathcote explained that since parklets are already installed, they would not affect street closures from an operational standpoint. However, since the previous street closure program in 2020 had some access and traffic circulation issues, he noted that staff would want streets to only be for pedestrians (and not for restaurants to expand their operations) so that emergency vehicles would have proper passage. CM Goldman noted that side streets would have to remain open for cross -traffic should street closures return to also assist with access. Broadway BID President John Kevranian noted that street closures would not be of interest for Broadway due to access issues and a larger number of daytime service -oriented businesses that need parking for their customers. The Subcommittee suggested a multi -week closure of several blocks of Burlingame Avenue as a pilot City Council Economic Development Subcommittee — Minutes March 8, 2023 (DRAFT) to coincide roughly with the Chamber's Burlingame on the Avenue Festival taking place on August 19 20, 2023. EDS Sanfilippo will distribute a survey to merchants to help determine whether they would support longer -term street closures and where those closures should occur, if at all. Mayor Brownrigg suggested that an alternative to closing Burlingame Avenue would be closing Park Road, since it is already closed multiple times a week for the Burlingame Fresh Market when in season, and it is directly adjacent to the future Town Square. Discussion of Parklets The Subcommittee discussed some of the problems associated with parklets that are not well - maintained, such as trash, rodents, drainage, etc. Vice Mayor Colson suggested that, should parklets stay beyond June 30, 2024, there be a requirement that parklets be taken down and rebuilt annually to prevent rodent or trash buildup. Mayor Brownrigg requested EDS Sanfilippo to inquire with other jurisdictions how they deal with drainage and rodent issues. Miscellaneous Discussion Mr. Kevranian suggested that business licenses be processed by the Planning Division so that incompatible zoning issues for incoming business are caught sooner in the process. CM Goldman and FD Yu -Scott noted that a contract with HdL would be presented to the City Council on March 20 that would automate most of business license processing and flag zoning issues or otherwise prior to completing the application. Action Items • EDS Sanfilippo will inquire with other jurisdictions how they regulate or control rodent populations near outdoor dining establishments. • EDS Sanfilippo will distribute language that the Chamber and BIDs can send to their members reminding them to keep trash enclosures and surrounding areas clean or to schedule additional pickups. • EDS Sanfilippo will prepare a survey for the DBID to distribute to their members gauging their thoughts on street closures. The survey will include a variety of configurations for the closure and timeframes. FUTURE AGENDA TOPICS The April meeting will include annual meetings with the Broadway BID and the Downtown BID. The May meeting will include an update from the Holiday Lighting committee. PUBLIC COMMENTS There were no public comments. 2 City Council Economic Development Subcommittee — Minutes March 8, 2023 (DRAFT) ADJOURNMENT Meeting adjourned at 9:30 a.m. Respectfully submitted, Joseph Sanfilippo Economic Development & Housing Specialist 9 Business Survey to Gauge Opinions on Street Closures Q1 If you own a business in Burlingame, is it located: Answered:42 Skipped:3 1100 Block of Burlingame... 1200 Block of 06 Burlingame... 1300 Block of Burlingame... 1400 Block of ingame... Burlingame... 200 Block of Park Road Downtown (all streets othe... 0% 10% 20% 30% 40% 50% ANSWER CHOICES 1100 Block of Burlingame Avenue 1200 Block of Burlingame Avenue 1300 Block of Burlingame Avenue 1400 Block of Burlingame Avenue 200 Block of Park Road Downtown (all streets other than Burlingame Avenue or Park Road) TOTAL 60% 70% 80% 90% 100% RESPONSES 9.52% 14.29% 4.76% 16.67% 4.76% 50.00% 4 6 2 7 2 21 42 1/10 Business Survey to Gauge Opinions on Street Closures Q2 Do you support long-term (multi -week) street closures? Why or why not? Yes No ANSWER CHOICES Yes No TOTAL Answered:42 Skipped:3 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% RESPONSES 47. 62% 52.38% # OTHER (PLEASE SPECIFY) 1 Great way to draw people to downtown to enjoy everything there is to offer. 2 depending how often. 3 Chaos situation for parking and accessing businesses. Cars are circling around and around looking for parking spaces while dodging pedestrians as it is. Limiting traffic flow creates an even greater measure of unsafe setting off the Avenue. Being unsafe next to the Avenue while being safe on the Avenue doesn't make sense. It needs to be safe to walk and drive, park everywhere. 4 Not enough parking 5 It really depends on the duration. It really doesn't impact me that much as there will be more foot traffic in my area. 6 Depends what the reason is 7 Loading and unloading isn't possible. No back parking lot/loafing zone at my business 8 we should do something different than other cities. and also good kids / families and businesses in order to get more traffic 9 Attracts more pedestrians 10 Parking is a Great Big problem !!!!!!! 11 No closures at all Hurts business and brings unwanted visitors 12 Not enough parking 13 Adds to congestion and can create confusion. 14 Bad for business DATE 4/10/2023 3:08 PM 4/4/2023 4:27 PM 4/2/2023 9:03 AM 4/2/2023 8:42 AM 4/2/2023 6:40 AM 3/31/2023 2:27 PM 3/31/2023 8:28 AM 3/30/2023 11:23 PM 3/30/2023 10:00 PM 3/30/2023 8:19 PM 3/30/2023 6:20 PM 3/30/2023 5:22 PM 3/30/2023 3:49 PM 3/30/2023 2:46 PM 20 22 42 2/10 Business Survey to Gauge Opinions on Street Closures 15 Burlingame Downtown is a very walkabe City as it is. The vibe is electric and cars respectfully 3/30/2023 2:27 PM go slow. My concern is not parking. I just look at closed B Street in San Mateo and I don't think it is nearly as vibrant and active as Downtown Burlingame. 16 we are on the last block before El Camino, more customers walk up to this block when street 3/30/2023 1:55 PM closure 17 Yes, but as a business owner in Lorton, even it will affect our business negative way because ; 3/30/2023 1:29 PM we support to close road. However you should consider closing Lorton Avenue too, because a lot of restaurants in Lorton Avenue and good space for the seating and festival area. And multi floor parking lot in Highland avenue is closer to the event areas too. 18 it will hurt street merchants and will attract crime. 3/30/2023 1:15 PM 19 This needs to be a discussion considering the parklets. 3/30/2023 12:55 PM 20 People have no idea how to drive! They speed up and down the Ave and a street closure would 3/30/2023 12:46 PM be safe and community centric. 21 They kill regular traffic and costs us business from our regular patrons. They seldom bring 3/30/2023 12:32 PM additional or new business, they are generally not from the area and only out for "free" entertainment of walking around for the day. The caliber of events and merchants are not suited for burlingame avenue. We all pay high rent to occupy the street and should not have to give up our business income to accommodate someone else wanting to make money, including other city organizations. 22 Absolutely do not support a long term or multi -week street closure. We have multiple units in 3/30/2023 12:31 PM other downtown areas and have found a dramatic decrease in our business with street closures. 23 The Piazza feel will bring more visitors to Burlingame Ave. More visitors means more 3/30/2023 12:30 PM business. Do this before San Mateo dominates and takes those visitors away from us. 24 feels like it might increase foot traffic and browsing in general. 3/30/2023 12:29 PM 25 It is exciting to make downtown Burlingame a pedestrian destination point. 3/30/2023 12:25 PM 26 disrupts business for everyone, pushes the community away from the Avenue due to 3/30/2023 12:15 PM inaccessabilty 27 depend on for what purpose? 3/30/2023 12:12 PM 28 Harder for my take out customers & dinners to get to my business when there is street 3/15/2023 10:33 PM closures. We lose business during "street closures for special events" 29 It really depends on why the streets are closed. If it creates a "mall" space for people to stroll 3/15/2023 1:55 PM and shop, that's good. Our street is blocked with tents for the Farmers Market so we don't open. Nobody can really see our storefront on those days. 30 Some of my items are to heavy to carry, resulting in lost business 3/15/2023 12:46 PM 3/10 Business Survey to Gauge Opinions on Street Closures Q3 Where do you think makes most sense for a street closure? Please check all that apply. Answered:45 Skipped:0 All of Burlingame... 1100 & 1200 ' Blocks of... 1200 & 1300 Blocks of... 1300 & 1400 Blocks of... Park Road Other (please specify) 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% ANSWER CHOICES RESPONSES All of Burlingame Avenue 40.00% 1100 & 1200 Blocks of Burlingame Avenue 4.44% 1200 & 1300 Blocks of Burlingame Avenue 13.33% 1300 & 1400 Blocks of Burlingame Avenue 4.44% Park Road 13.33% Other (please specify) 44.44% Total Respondents: 45 # OTHER (PLEASE SPECIFY) DATE 1 depending on the type of event. All Burlingame Ave for the art fair and festisval 4/4/2023 4:27 PM 2 No long term street closure makes sense. 4/2/2023 9:03 AM 3 Not close at all 4/2/2023 8:42 AM 4 If so, maybe a rotation one block at a time. 3/30/2023 9:28 PM 5 Washington park, it has been done in the past. 3/30/2023 8:19 PM 6 Further away 3/30/2023 6:20 PM 7 Washington park is a good place to have an event without closing the street 3/30/2023 5:22 PM 18 2 6 2 6 20 4/10 Business Survey to Gauge Opinions on Street Closures 8 None 3/30/2023 2:46 PM 9 Farmers Market on Park is OK on Thursday nights and Sunday mornings, but none otherwise. 3/30/2023 2:27 PM 10 Keeping the Burlingame avenue open with main access roads to California drive and El 3/30/2023 1:29 PM camino, and closing the connection roads, primrose, Lorton, Park Road instead of main avenue. main avenue is already busy and keeping main avenue open will bring more people. 11 NONE 3/30/2023 1:15 PM 12 Either close it permanently or not at all. It's confusing for the public. 3/30/2023 12:55 PM 13 No reason to not close the entire street. Again... people drove like knuckleheads and if b'game 3/30/2023 12:46 PM Ave is going to be considered walkable... 14 You have established street closure on Sundays with the farmers market on Park Road, I don't 3/30/2023 12:32 PM think additional street closure are beneficial . 15 Do not support any type of street closure 3/30/2023 12:31 PM 16 Used to have office on 200 block of Park Rd. Am now working from home in Burlingame. 3/30/2023 12:30 PM 17 1 don't know 3/30/2023 12:12 PM 18 Primrose 3/15/2023 10:33 PM 19 Central area 3/15/2023 1:55 PM 20 During events: the weekend of Burlingame on the Avenue the evening of the Winter Festival 3/15/2023 10:25 AM (Tree Lighting, etc) 5/10 Business Survey to Gauge Opinions on Street Closures Q4 How long should long-term/seasonal event street closures be? Answered:39 Skipped:6 2 weeks 3 weeks 4 weeks or longer I do not support... 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% ANSWER CHOICES 2 weeks 3 weeks 4 weeks or longer I do not support long-term/seasonal event street closures Total Respondents: 39 # OTHER (PLEASE SPECIFY) 1 Again, depends on event 2 One -weekend occasions are ok. 3 1 week 4 Need a better sense of what the event is 5 1 think it's unnecessary and parking will be a problem!!! 6 No closures. Hurts businesses where customers that need to come can't drive or park 7 One week stints 8 Again, either permanently or not at all. 9 More cohesive and community centric pattern. 10 Permanent 11 permanently, like Europe, family friendly and more relaxing to shop, eat and relax RESPONSES 15.38% 7.69% 28.21% 48.72% DATE 4/4/2023 4:27 PM 4/2/2023 9:03 AM 4/2/2023 6:40 AM 3/31/2023 2:27 PM 3/30/2023 8:19 PM 3/30/2023 6:20 PM 3/30/2023 1:44 PM 3/30/2023 12:55 PM 3/30/2023 12:46 PM 3/30/2023 12:30 PM 3/30/2023 12:07 PM 6 3 11 19 6/10 Business Survey to Gauge Opinions on Street Closures 12 Less parking, Trash everywhere & lost of business 3/15/2023 10:33 PM 13 Depends on purpose 3/15/2023 1:55 PM 14 during events only (weekend festival; winter fest; wine walk 3/15/2023 10:25 AM 7/10 Business Survey to Gauge Opinions on Street Closures Q5 Should street closures be considered while parklets remain in place? ANSWER CHOICES Yes No TOTAL Answered:44 Skipped:1 Yes No 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% RESPONSES 47.73% 52.27% 21 23 44 8/10 Business Survey to Gauge Opinions on Street Closures Q6 Would you like to provide any further comments? Answered:23 Skipped:22 # RESPONSES DATE 1 Questionable on the parklets and closures?????? 4/4/2023 4:27 PM 2 No 4/2/2023 10:11 PM 3 Parking is already a chaotic situation, with traffic being diverted and redirected would create 4/2/2023 9:03 AM more hazard than cars driving down the Avenue. Walking is possible already on the sidewalks and cars with elderly and small children should be able to park close to businesses entrances. Not all businesses have access to parking lots and the parking lots fill up fast. With the cars circling around with attention focused on finding parking spaces or the confusion of the street closure and the detour, they pay less attention to pedestrians. More chaos around and off the Avenue, just to create a seemingly cheerful and happy picture on the Avenue doesn't seem wise and safe for a long term (seasonal) solution. We could use more benches placed for the elderly, disabled and families with kids to relax, rest and enjoy some quality time while doing some shopping or buying food to go, like ice cream or snacks. 4 Parklets already take away visibility to my business. Without traffic, I lose even more 3/31/2023 8:28 AM 5 to get more traffic... let's try something dif. 3/30/2023 11:23 PM 6 1 said enough 3/30/2023 8:19 PM 7 Closures affect business. Customers are not able to drive or park to easily visit 3/30/2023 6:20 PM 8 Parklets should be removed where the sidewalk is widened to allow for sidewalk dining and the 3/30/2023 5:22 PM street shouldn't be closed for long term events 9 The street closure in the past proved to hurt our business tremendously. I hope we will not 3/30/2023 2:46 PM have to deal with street closures any more. 10 Parklets are fantastic. Very European. Which is part of my point. I've been to European cities 3/30/2023 2:27 PM countless times, and I have not seen any street closures. There's charm to having cars cruising through SLOWLY and people on the sidewalks, in the parklets, the stores, the parks, crossing the street, with musicians playing, etc. That's the thing I would encourage. 11 the 1400 block of Burlingame ave usually not busy , so closure brings more business 3/30/2023 1:55 PM 12 closures of any downtown burlingame area is a bad idea. Burlingame is not SF and not SM and 3/30/2023 1:15 PM not SJ. Burlingame will suffer from such street closures by attracting crime and keeping our customers away from our businesses. 13 No thank you! 3/30/2023 12:46 PM 14 1 used to be a fan of street closure but have observing the various events and experiencing the 3/30/2023 12:32 PM closures over the years there is no real benefit. Also it is a vastly large (wide) street and in order to fill it up so that it feels it is the scale of walking neighborhood forces you to do low quality events due to the need to "Fill" the space. 15 Many cities seem obsessed with street closures and pedestrian only streets. These do NOT 3/30/2023 12:31 PM benefit businesses! They actually hurt businesses! Please do not close Burlingame Ave! 16 Parklets need to go. Been here long enough to get through COVID lockdown, but let's get back 3/30/2023 12:30 PM to normal. 17 1 also support the parklets. 3/30/2023 12:25 PM 18 Thank you 3/30/2023 12:09 PM 19 Street closures hurts businesses! 3/15/2023 10:33 PM 20 Good idea to close Burlingame Ave in summer. People can come down with their families and 3/15/2023 2:11 PM 9/10 Business Survey to Gauge Opinions on Street Closures not have to worry about avoiding cars. 21 Street closures must have a specific purpose and goal in mind. The activity by itself doesn't 3/15/2023 1:55 PM make sense. 22 Please remove the parklets 3/15/2023 12:46 PM 23 Street closures add to an atmosphere of festivity. Don't see the need to close streets when 3/15/2023 10:25 AM there is not an event. Street closures/pedestrian use of streets do not translate to more business for the retailers/salons. Not sure about how restaurants and bars are effected. 10 / 10