HomeMy WebLinkAboutAgenda Packet - CC - 2016.04.04BURLINGAME
City of Burlingame
Meeting Agenda - Final
City Council
Monday, April4,2016 7:00 PM Council Chambers
Note: Public comment is permitted on atl action items as noted on the agenda below and in the
non-agenda public comment provided for in item 7.
Speakers are asked to fill out a 'reguest to speak' card located on the table by the door and
hand it to staff, although the provision of a name, address or other identifying information is
optionat. Speakers are limited to thrce minutes each; the Mayor may adiust the time limit in
light of the number of anticipated sPeakers.
All votes are unanimous unless separately noted for the record.
1. CALL TO ORDER - 7:00 p.m. - Council Chambers
2. PLEDGE OF ALLEGIANCE TO THE FLAG
3. ROLL CALL
4. REPORT OUT FROM CLOSED SESSION
5. UPCOMING EVENTS
6. PRESENTATIONS
7. PUBLIC COMMENTS, NON-AGENDA
Members of the public may speak about any item not on the agenda. Mombers of the public wishing to
suggest an item for a futuro Council agenda may do so duing this public commenl pedod. The Ralph M.
Brown Act (the State tocal agency open meeting law) prohibits the City Council from acting on any matter
lhat is not on th€ agenda.
8. APPROVAL OF CONSENT CALENDAR
Consent calendar items are usuatly approved in a single motion, unless puled for saparate d/scussion.
Any member of the pubtic wishing to comment on an item listed here may do so by submitting a speaker
slip for that item in advance of the Council's consideration ot the consent calendar'
City ol Budingama Pintacl on 3Bin016
BURLINGAME CITY HALL
501 PRIMROSE ROAD
BURLINGAME, CA 94010
STUDY SESSION - 5:45 p.m. - Council Chambers
a, Discussion of Potential Revisions to the Tree Ordinance
April4, 20'16
I of the uncil Min
attachmenB: Meetrno Mrnutes March '16.2016
of 16 201
b, Aoorova I of the Citv C ncil Meetino inutes March 2 1 . 2016
Atlach.,enls:Meetinq t\rinutes March 21 2016
c Ooen N omination P to Fill Two V ncies on the Li brarv Board of Tr ustees
&esl4elE
Adootion of
Staff Reoort
a Resolution Authorizino the C itv Manaoer to Execute a Three -Yeard
Aqreeme with Maze &sociates Accoun tancv Corooration to Serve as the Citv of
Budinoa 's lndeoendent External Financial Auditors With an ODtion to E d for
Two Additio nal Years
Attachments:Staff Report
Resolution
Contract
Aclool ion of , Resohlti on Autho itv lvlanaoe Execu te an AmTino lhe C rlo n ri ment toe
Professional Services Aoreement with Panorama Environmental,lnc. to Perform
Environ I Review S Related to lhe Pro Multi-Familv Reside ntial
DeveloDment P roiect at 1 128-1 132 Dou las Avenue and 524 Oak G rove Avenue
Attachments:Staff Reoort
Resolutaon
Executed Aoreement
Prooosed Co Amendment
Contract Amendment Reouest
9. PUBLIC HEARINGS (Public Comment)
Publ icH rino to lntroduce n Orcli n ance Amen dino Chaoter 13.36.02 O of thea.
Burlinoame Mun icioal code to Establish a 'No Parkino' Restriction fro 5:00 P.M. to
7:00 P.M.. Mo Throuoh Fridav. Alo the West Side of the 1 700 Block of
California Drive
Atlachmenls:Staff Report
Ordinance
Draft Revised Chaoter 13.36.020
Location Mao
P.ge 2 Prlnte.l on 3/31/2016
City Council Meeting Agenda - Final
a.
City Council Meeting Agenda - Final April4,20l6
b. Public Hearinq to lntroduce an Ordinance Amendinq Chapter 13.36.040 of the
Burlinoame Municioal Code to Establish a 2-Hour Parkino Limit on the 1500 Block of
Carol Avenue and the 100 Block of East Carol Avenue
Attachments:Staff Reoort
Ordinance
Draft Revised Chaoter 13 36.040
Location Mao
10. STAFF REPORTS AND COMMUNICATIONS (Public Comment)
a,Adoption of the F Y 2016-2017 Goal Settino lmolemen tation Action Plan
AlTach fients:Staff Reoort
Presentation
lmolementation Action Plan
b Adootion of a Resolut ion Authorizino the Citv Manaoer to Modifv the Deoartment Head
and Unreoresented Emolovees Comoensati on and Benefit Plan to ln ude Six Job
Classifications Fo v in the Burlinoame Association of Middle Manaoers and
Amendino the Sala rv and Comoensation Packaqe fo r the Six Classifications
Attachmenls:Staff Reoort
Resolution
Comoensataon and Benefit Plan
c Adoption of a Resolution of lntent to A mend the Citv of Burlinoa Master Fee
h ule Effective Jul
Mav 2 .2016 L€.:tre-a)
afiachments: Staff Reoort
Master F Schedule
1 nd Set the Pu r uch Amendment
d Adootion of
Full Cost of Services Studv
Resolution
Resolution Authorizino the Citv Manaoer to Execute an Exclusive
Neootiatino ree ment with Pacific West Communities. lnc. for Burli noame Citv
Parkinq L sFandN
Allachmeots: Staff ReOOrt
Resolution
{1. COUNCIL COMIII|ITTEE AND ACTIVITIES REPORTS AND ANNOUNCEMENTS
Councilmembers repott on committees and activities and make announcements.
12. FUTURE AGENOA ITEIUS
Pnnr6cl on 3n12010City ol Bttdin$me
City Council Meeting Agenda - Final April4,2016
13. ACKNOWLEDGMENTS
14. ADJOURNMENT
Notice: Any aftendees wishing accommodations for ctisabilities please contact the City Clerk at
(650)558-7203 at least 24 hours before the meeting. A copy ot the Agenda Packel is available fot
pubtb review at the city clerk's office, city Hall, 501 Ptimrose Road, from 8:00 a.m. to 5:00 p.m.
before the meeting and at the meeting. Visit the City's website at www.burlingame.org. Agendas and
minutes are available at this site.
NEXT CITY COUNGIL MEETING - Next regular City Council Meeting - Monday' April 18,
2016
VIEW REGULAR COUNCIL MEETTNG ONLINE ATWWW.BURLINGAME.ORG. GO TO
.CITY COUNCIL VIDEOS'
Any wri\ngs or documents provided to a majoity of the City Council regarding any item on this
agenda witl be made available for public inspection at the Water Office counter at CA Hal at 5O1
Pimrcse Road duing notmal business hours.
Pdnted on 3n1n076
Agenda I ten 8a
Meeting DarLe: 4/ 4/76
BURLINGAME CITY COUNCIL
Unapproved Minutes
Mid-Year Budget Meeting on March 16,2016
1. CALLTOORDER
A duly noticed mid-year budget meeting of the Burlingame City Council was held on the above date in the
City Hall Council Chambers.
,PLEDGE OF ALLEGIANCE TO TIIE FLAG
The pledge of allegiance was led by Burlingame resident Sandy Comaroto.
3. ROLLCALL
MEMBERS PRESENT: Beach, Brownrigg, Colson, Keighran, Ortiz
MEMBERSABSENT: None
4.PUBLIC CONINIENT S.NON AGENDA
5. INTRODUCTIO RY REN{ARKS - Lisa Goldman. Citv Manaser
City Manager Goldman gave an overview of the presentations from Finance Director Augustine and Director
of Public Works Murtuza. She stated that their presentations would focus on mid-year budget adjustments,
the five-year forecast and next year's proposed Capital Improvement Program. City Manager Goldman
stated that overall the City is doing well financially. She explained that instead of spending the additional
revenue over what was projected staffis suggesting investing the money in capital and reserves.
6. STAFFREPO RTS AND CONINIUNICATIONS
a. ADOPTION OF A RESOLUTION A1\IENDING THE FY 2015.I6 OPERATING AND
CAPITAL BUDGETS TO REFLECT THE RECOMNIENDED NIID-YEAR ADJUSTN{ENTS
AND ADOPTION OF A RNSOL UTIO N FURTHER FUNDING THE RENEWAL AND
REPLACEMENT RESERVE IN THE C ITY'S CAPITAL PROJECTS FUND
Finance Director Augustine reviewed her staff report. She stated that the purpose of the mid-year report is to
inform the Council and the public as to the City's status midway through the fiscal year, update the budget
based on projected results and provide a more precise financial picture entering into the next fiscal year
budget.
Burlingame City Council
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March 16,2016
Agenda Itelo 8a
ldeeting Datce: 4/ 4/L6
Finance Director Augustine began by explaining necessary mid-year budget adjustment. She used the
projected revenues chart (found on page 9 of the staffreport) explaining that not all the revenue categories
are growing at the same rates and that different factors are impacting the various revenue categories.
Changes in each of the revenue categories are explained in Attachment A of the staff report. She stated that
most of the revenue categories are expected to come in higher than anticipated, except for miscellaneous
revenue which includes the one-time payment for the Burlingame Point Project. Finance Director Augustine
stated that overall general fund revenues are expected to be up 7 .lo/o.
Next, she reviewed in detail the three main revenue sources (property tax, sales tax and TOT) that make up
over 8570 of the City's general fund resources. She explained that the housing market continues to be strong
in the Bay Area despite a lack of inventory. Assessed property values continue to rise, increasing in the City
of Burlingame by 6.8% in each of the past two fiscal years. Therefore, in this category an amendment needs
to be made for the additional $816,000 in revenue beyond what was projected. Finance Director Augustine
explained that the largest piece of the additional revenue was the County's refund from the Educational
Revenue Augrnentation Fund C'ERAF"). She explained that the County continues to wam that as funding
for education grows and other State commitrnents are satisfied through the ERAI funds, excess ERAF
distributions could decline sigrificantly, and even be eliminated. However, while the City's distribution was
approximately $100,000 lower than in the prior year, funds were conservatively budgeted, and a $500,000
mid-year increase is proposed.
Finance Director Augustine explained that sales tax revenues are exceeding pre-recessionary levels. This
year sales tax revenues are expected to be $l.6 million or 14.3% higher than projected. She explained that
iOT, Burlingame's largest general revenue source (3 8%), is expected to be $2.1 million or 9. I % higher than
projected.
Finance Director Augustine explained that as part of the mid-year analysis of the general fund, all
departments were asked to examine their year to date budget to actual reports and report any areas where
staffmay need additional funds. As well, department heads were asked to identifu any areas of savings. She
explained that there are not a lot of expenditure adjustments this year. Moreover, most of the adjustmalts
were offset by savings from other departmental expense items. She explained that the three large
expenditure adjustments were: (1) an increase in the City's contribution to the CALPERS safety pension
plan; (2) $250,000 for CIP projects relating to the Hoover School area; and (3) $2.5 million transfer to the
Renewal and Replacement Reserve to reflect the decrease in General Fund Catastrophic Reserve.
Next, she explained the chart which is at the bottom ofpage 12 of the staffreport. This chart compares the
prior yem fund balances with the projected mid-year fund balances after the changes identified in the mid-
year report are made. She stated that originally revenues were projected to exceed expenditures by less than
b t -illio.r. However, once the proposed changes are done, staff expects revenues to exceed expenditures by
$2.5 million. This leaves the City a projected fund balance of $31,746,535. Therefore, after funding the
Economic Stability Reserve, staffalso recommends funding the Renewal and Replacement Reserve with an
additional $5 million. This would leave an unassigned fund balance of $ 13.5 million. She explained that
staffis recommending that some of the unassigrred funds be earmarked for sidewalks and ADA
improvements throughout the city.
Finance Director Augustine briefly covered changes in other funds such as Water and Sewer. She stated that
while the drought has impacted the Water and Sewer funds, staffis not requesting any adjustments at this
time.
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Councilmember Colson asked if the Renewal and Replacement Reserve fund is a one-way sffeet. Finance
Director Augustine explained that the Renewal and Replacernent Reserve was setup because of the numerous
unfunded facility projects in the City. City Manager Goldman stated it is the Council's prerogative to
determine the best use of the money that is in that fund.
Vice Mayor Ortiz asked about the huge bump in the business and industry column for sales tax. Financial
Director Augustine stated that it is an anomaly that will not re-occur.
Councilmember Beach asked about the decrease in the Catastrophic Reserve Fund. She explained that while
she understood that ABAG was exploring different insurance vehicles, should the City keep the money in the
fund until an insurance vehicle is selected. Financial Director Augustine stated that GFOA recommended
decreasing the City's Catastrophic Reserve Fund based on the actual costs ofemergencies in the Bay Area.
City Manager Goldman stated that ifa terrible catastrophe did occur, that could not be covered by the fund,
the unassigned fund balance could be used.
Financial Director Augustine discussed the five-year forecast. She reviewed the Economist Intelligence
Unit's graph which forecasts the percentage change in real GDP growth from year to year for the Country.
She explained that last year the graph was very different, showing a growth of 3% for 2015. But this year
economists agreed 2015 ended at 2.4%o and that economic growth below 370 is the new normal.
She reviewed property tax assumptions for the next five years. She stated that there is a 5.97% growth in the
assessed valuJ of property in Burlingame since the prior year. However, she explained that the tumover in
the market is low, and inventories arc dowr. 23%o fiom a year ago. As well, she explained that while major
real estate developments will have an impact over time, the assumption is they will not be ready in the next
five years. Furthermore, Finance Director Augustine explained that the five-year forecast asstunes a
continued decrease in the ERAF refunds.
Finance Director Augustine explained the make-up of sales tzx revenues. She stated that autos and
transportation represent the largest piece ofsales tax revenue at 32.8% of the total. She explained that staff
is projecting a growth in sales tax of 5.8% this year and 2.9Yo nexl year. She also discussed TOT which is
the City's largest and most economically sensitive resources. She explained that the five-year forecast
assumes a 3 % growth in the next fiscal year. The forecast presumes that the number of hotel rooms stays
stable and that there is a continued high cost per room. But, staff will continue to monitor receipts and revise
forecast as necessary.
Financial Director Augustine did an overview of the general fund expenditure forecast assumptions' She
stated that there would be a continued general fund investment in capital projects equivalent to 2 points of
TOT revenues. She reviewed personnel costs stating that the forecast shows a growth in salaries and wages
at a level of l-37o and that rates charged by CaIPERS have risen in the past few years due to the impact on
investment losses in fiscal year 2008-09. As well, she discussed the pre-funding of retiree medical benefits
C.OPEB-). Overall, Financial Director Augustine showed that the general fund expenditure forecast is
increasing at a more rapid rate than the City's revenues.
Councilmember Brownrigg thanked Financial Director Augustine for her work and asked how often the five-
year forecast is revised. She explained that they do it at the mid-year review but if there are any changes
necessary it would be revised. Councilmember Brownrigg stated he found the forecast to be a little
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Burlingame City Council March 16,2016
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Agenda Iten 8a
lieeting Datce: 4/ 4/L6
disconcerting. He stated that while the City has always been conservative in their estimates of projected
revenue, with the next five years in flux with varying economic factors, he would like a better picture of the
state of the City's economy. As well, he stated he was concemed about the increase in the rate of
expenditure versus revenue. City Manager Goldman stated that just like the City is cautious with the
projection ofrevenues they are also cautious by overestimating expenditures.
Councilmernber Beach asked about the increase in 2018-19 when the debt service is completed and whether
the staffhas any thought on putting some of that money towards the OPEB debt. City Manager Goldman
explained that when the OPEB trust fund was set up there was a payoff schedule. Accordingly, she
explained that it wasn't necessary to pay more into OPEB.
Vice Mayor Ortiz stated that while it is good we overstate our expenditures and understate our revenues he
would like a clearer picture especially whot the City is considering a bond measure.
Mayor Keighran opened the discussion up for public comment, no one spoke.
Councilmember Brownrigg made a motion to adopt Resolution No. 17-2016; seconded by Vice Mayor Ortiz'
The motion passed unanimously by voice vote, 5-0.
Councilmernber Beach made a motion to adopt Resolution 18-2016; seconded by Councilmember Colson.
The motion passed unanimously by voice vote, 5-0.
b REVIEW OF DRAFT FY 20I6-1 7 GENERAL FUND. GAS T AX. NIEASURE A. AND
NIEASURE N{ FUND S CAPITAL IMPROVEMENT PROG RAM (CIP)
DPW Murnrza presented his staff report conceming the proposed draft General Fund, Gas Tax, Measure A,
and Measure M Funds Capital Improvanent Program. He stated that over the past several months staff
conducted a needs assessment of various infrastructure owned by the City. As a result, staff is
recommending $4.485 million for CIP projects next year. Approximately $4.3 million is projected as the 2
points of the TOT. Therefore staff is asking Council to authorize an additional $ I 85,000 from the General
Fund's unassigrred fund balance to cover the difference.
DpW Murtuza reviewed the sidewalk program stating that the City maintains I 16 miles of sidewalks valued
at $20 million. He explained that there is an estimated backlog of $7 million to $11 million in needed
repairs. DPW Murtuza recommended $500,000 in repairs for the next fiscal year. As well, he stated that
there is a $4 million estimated backlog in ADA curb ramps. He explained that about 1,280 ramps were
needed cityrvide and that staffis recommending $100,000 be used to install 25-30 ramps in high use areas
this next year.
DpW Murtuza reviewed the Parks and Recreation projects staff is proposing for next year. He discussed
Munay Field requesting $500,000 to develop, engineer and design synthetic turf fields. At Ray Park staff is
asking for $350,000 to replace the aging playground equipment. At Southern Pacific Circle Plaza, staffis
propoiit g $200,000 to plan and desigrr safety improvements and extend the aesthetic streetscape of-A*iingu." eu"n,". H" explained that many of the other Parks and Recreation projects are restoration of
fields and repairs. In total, Parks and Recreation projects will cost $1.575 million.
Burlingame City Council
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March 16,2016
Agenda IteD 8a
tteeting Datet 4/ 4/L6
DPW Murtuza discussed necessary building facility projects. He explained that the City maintains 20
buildings with over 200,000 sq. ft. He stated that staffis recommending $1.35 million in maintenance to
these buildings to extend their life. Some of the projects that would be covered are: (1) police station fuel
tank removal and replacement; (2) energy efficiency upgrades; (3) parking lots resurfaced at City Hall,
Recreation Center, Corp Yard and Police Station; (4) general facilities upgrade per the Master Plan; (5) ADA
improvements; (6) Stormwater Pollution Prevention Plan; (7) Community Development Department
rernodeling; and (8) Washington Park Grandstand remodeling.
Next DPW Murtuza discussed the proposed traffic safety improvements. The first project involved
potentially putting in a traffic signal at the intersection of Oak Grove Avenue and Carolan Avenue. He
explained that trafEc going eastbound on Oak Grove has the right ofway, while the 3 other points have stop
signs. Accordingly, staffis looking into putting a traffic sigrral in at this intersection. However, the traffrc
sigrral will have to coordinate with the traffic sigral at Califomia Drive and interconnect with the railroad
preemption system. As well, staffis recommending city hall area traffic and pedestrian safety
imp.ouoneot., funding for the El Camino Real stakeholder process, and funding for future traffic studies.
DPW Murtuza explained that under the Gas Tax Measure A and M Funds, staffis looking at $2.7 million in
various street improvements. He explained that the City maintains 84 miles of streets valued at $80 million.
He stated that thire is an estimated backlog of repairs costing $19 million. He stated that S2.5 million would
be used as part of the annual street resurfacing program and $200,000 would be used for citywide street curb
and gutter replacement program.
As well, DPW Murtuza stated that Council should consider setting aside funds for sidewalk and ADA
improvernents, Hoover school area sidewalk improvanents, building facilities improvement and Broadway
Grade Separation.
Mayor Keighran asked when Council would receive the feasibility study results on the Hoover School
imjrovernents. DPW Murtuza stated that he believed he would have results in 4-6 months to show the
Council.
Mayor Keighran asked the City Manager if the school district is incorporating questions about Hoover
School impiovements in their bond polling. City Manager Goldman stated she was not aware of Hoover
being included. Mayor Keighran asked if City Manager Goldman would talk to the school about including
these questions. She replied in the affrrmative.
Mayor Keighran asked about the Broadway Grade Separation and if and what the local match requirement
would be. DPW Murtuza stated that based on other projects where staff asked for federal funding, he
believed it would be $15-$20 million required from the City for a local match.
Councilmember Colson asked if a resident wanted to repair their own sidewalk could they. DPW Murtuza
explained that they could and all they would need to do is apply for an encroachment permit at City Hall.
Councilmember Colson asked about the fuel tank rernoval at the Police Station. She stated that based on
personal experience she was concemed that the cost might rise. DPW Murtuza explained that the funding
ituff *u. requesting was to assess the issues and costs associated with removing the tank.
Burlingame City Council
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March 16. 2016
Agenda Iten 8a
MeetiDg Dat-=: 4/ A/LG
Councilmember Colson and Vice Mayor Ortiz stated their appreciation that Public Works would be looking
at improving the intersection at Oak Grove Avenue and Carolan Avenue.
Vice Mayor Ortiz asked about the Murray synthetic field. He asked if the City would look into having a
private partnership to assist in the cost. Parks and Recreation Director Glomstad stated that when staff had
previously discussed a partnership with a few organizations they had been interested in grass fields.
Accordingly, she would ask them about synthetic fields.
Councilmember Beach asked about the Southern Pacific Circle Plaza improvements. Parks and Recreation
Director stated that the improvements will continue the work that was done on Burlingame Avenue, make
the intersection safer, ADA compliant, and create a seating/meeting area.
Councilmernber Brownrigg discussed his concem that the engineering work for Murray Field costs
$500,000. DPW Murtuza explained that the fields are not in good shape and that there is a lot of work that
needs to be done underground since it was built on a landfill. As well, he stated that the drainage syston for
synthetic turf is specialized. Councilmernber Brownrigg asked ifthe $500,000 includes prep-work oris it
just for studies. DPW Murtuza stated it is prep-work, design and studies. Councilmember Brownrigg stated
that Council shouldn't spend $500,000 on the initial work without deciding if they wanted to commit to
synthetic fields.
Councilmernber Brownrigg stated that the school district and City should agree to split the costs of the
improvements to the Washington Park Grandstand.
As well, Councilmember Brownrigg asked if Measure A funds could be used for curb cuts, ADA compliance
and sidewalk improvernents. DPW Murtuza stated that no, Measure A could only be used for roadway
purposes. Councilmember Brownrigg stated that he would support more money for ADA.
Mayor Keighran opaned the itern up to the public, no one spoke.
Mayor Keighran stated that she felt sy.nthetic turf at Murray Field was a good idea as the City fields are over
utilized and in bad shape.
Councilmember Colson stated she would support synthetic turf at Murray Field. She explained that she had
been involved in scheduling for the past ten years at that field. She stated it is overused, and that the field is
not in good shape. Accordingly, she explained that with synthetic turf the fields would be open for longer
hours and could be utilized year round, alleviating some of the scheduling issues.
Vice Mayor Ortiz stated that after spending a lot of time at Murray Field that it is becoming a safety concem.
Accordingly, he felt that the turf was a good altemative.
Councilmernber Beach stated that she felt it was a great investment for the community.
Councilmember Brownrigg asked what the turf will cost. DPW Murtuza stated the preliminary estimate is
$1.4 million. Accordingly, Brownrigg stated that in his opinion it is a $2 million investment today and
shouldn't be thought ofas $500,000. City Manager Goldman stated this is a potential project to be included
in a tax measure.
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March 16, 2016
Agenda I tem 8a
Meeting DaEe. 4/ 4/16
Mayor Keighran stated that in terms of the Broadway Grade Separation she would hope that the $5 million
the City spent on the Broadway Interchange would be included in the matching funds. Mayor Keighran also
stated that she liked the idea of a 50/50 for the cost of the Washington Grandstand improvements.
Councilmember Beach asked the Council if they felt the Southern Pacific Circle Plaza improvements were a
priority.
Vice Mayor ftiz stated that in his opinion this is an important part of the City and that he supports finishing
the Burlingame Avenue streetscape.
Councilmember Brownrigg stated he felt the $200,000 towards the development of the Southem Pacific
Circle Plaza should be devoted to ADA compliance.
Councilmernber Colson stated that for her making that intersection safe was a priority as a number of
students use that intersection to get to school.
Mayor Keighran stated she looked at the project as a safety issue that needs to be completed.
Councilmernber Brownrigg stated that part of the unassigrred funds should be put into ADA compliance.
City Manager Goldman stated that staffwould need to look at what Public Works can accomplish.
Accordingly, she explained that staffwould come back in May with some thoughts about what could be done
and what it would cost.
7, ADJOURNMENT
Mayor Keighran adjoumed the meeting at 8:32 pm.
Respectfu lly submitted,
Meaghan Hassel-Shearer
City Clerk
Burlingame City Council
Unapproved Minutes
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March 16,2016
BT'RLINGAME CITY COUNCIL
Unapproved Minutes
Regular Meeting on March 21, 2016
I. CALLTOORDEB
A duly noticed regular meeting of the Burlingame City Council was held on the above date in the City Hall
Council Chambers.
2. PLE DGE OF ALLEGIANCE TO THE FLAG
The pledge of allegiance was led by Parks and Recreation Director Margaret Glomstad.
3. ROLLCALL
MEMBERS PRESENT: Beach, Brownrigg, Colson, Keighran, Ortiz
MEMBERSABSENT: None
4. RXPO RT OUT FROM CLOSED SESSION
There was no closed session.
5. UPCOMING EVENTS
Mayor Keighran reviewed the upcoming events taking place in the City.
6. PRESENTATIONS
There were no presentations.
1 PUBLIC CONT N{ENTS
Burlingame resident Adela Meadows requested Council put just cause eviction and rent stabilization on the
agenda.
Burlingame resident Brian Cauley asked that the City consider adopting affordable housing into its current
Economic Strategic Plan.
Mayor Keighran made a few clarifications stating that the Council had study sessions on January 5, 2015 and
July 13, 2015 to discuss rent stabilization and just cause eviction. She added that the County is conducting a
Burlingame City Council
Unapproved Minutes
Agenda I teu 8b
Meeting Dat-e:. 4/ 4/L6
I
March 21, 2016
Agrenda I teu 8b
Meeting Dat-.e: 4/ 4/L6
nexrs study on affordable housing and once the study is completed staffwill present their recommendations
to the Council.
Mayor Keighran asked the Councilmembers and the public if they wished to remove any iterns from the
Consent Calendar. No iterns were removed.
CC Hassel-shearer requested Council approve the City Council Meeting Minutes of March 21,2016.
b. ADOPTIONOFARESOL UTION REJECTING AL L BIDS RECEIVED FOR THE
NIISCELL EOUS RESERVOTR AND PUNIP STATIO N IMPROVENIENTS PR OJECT.
CITY PROJECT 84200. AND AUTH ORIZING STAFF TO RE-ADVERTISE THE PROJECT
DPW Murtuza requested Council approve Resolution Numb er 19-2016.
9. PUBLIC HEA RINGS
There were no public hearings
IO. STAFFREPO RTS AND COI\{N{UNICATIONS
a. CONSIDERATIO N OF APPOINTME N T TO THE PLANNING CONINIISSION
Vice Mayor Ortiz recused himself.
City Manager Goldman asked that the Council make an appointment to fi1l one expired term on the Planning
Commission. She rerninded the Council that they conducted interviews with Richard Sargent and Norman
Torello on March I 5th for the four year appointment, ending on Ap il 7 , 2020 .
The Council unanimously voted to re-appoint Richard Sargent to the Planning Commission, (4-0 with Vice
Mayor Ortiz recused).
b. CONFIRMATION OF PROJE CTS TO INCLUDE IN PO LL FOR POTENTIAL TAX
NTEASURE
City Manager Goldman presented the staffreport conceming projects to include in a poll regarding a
potential tax measure. She stated that on February 29tn the Council held a study session to discuss placing a
tax measure on a furure ballot. At this meeting the City's Financial Advisor reviewed potential tax
mechanisms such as general taxes and general obligation bonds. The Council reviewed the list of potential
projects and discussed the timing of a future tax measure (November,2016 or Novemb er,20l7). City
Manager Goldman explained that a general obligation bond requires 2/3rds approval for passage while a
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Burliogame City Council March 21,2016
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8. CONSENTCALENDAR
Councilmernber Brownrigg made a motion to adopt the Consent Calendar; seconded by Vice Mayor Ortiz.
The motion was approved unanimously by voice vote, 5-0.
a. APPROVAL OF CITY COUNCIL MEETING MINUTES FOR MONDAY. MARCH 7.2016
Burlingame City Council
Unapproved Minutes
3
March 21,2016
Agenda I ten 8b
Meeting Dat-e: 4/ 4/L6
general tax required 50%+ I for passage. However, a general tax can only be placed on a ballot during a
regularly scheduled Burlingame election. The next regularly scheduled election would be November, 2017.
Ganeral obligation bond measures can go on any ballot.
City Manager Goldman reviewed the Council's discussion of the need to rank the list of potantial projects so
that a final list of projects could be included in a future poll. After the meeting the Council was asked to
rank in terms of priority the following projects: (1) Burlingame Community Center, (2) Bayfront Trail Long
Option, (3) Railroad Quiet Zones, (4) New Bayview Park, (5) Synthetic Turf at Bayside, (6) Railroad
Automated (Wayside) Homs, (7) Bayfront Trail Short Option, (8) North-South Bicycle Improvements and
(9) Synthetic Turf at Murray Field. City Manager Goldman explained that when reviewing the Council's
ranking, Councilmember Beach used the blank space to add an additional project conceming Mills Canyon.
As well, Councilmernber Brownrigg wrote on his form that he hoped the City continues to look for ways to
use creative financing, such as public/private partnerships to fund projects. City Manager Goldman stated
that this was what staff was hoping to do with an affordable housing/parking garage project on Lots F & N.
City Manager Goldman explained that overall Council ranked the Burlingame Community Center highest
followed by synthetic turf at Murray Field and Bayside, north-south bicycle improvanents, improvernents to
the full Bayfront Trail and the new Bayview Park. She asked the Council to either approve ofthese rankings
or reach an agreement on a new ranking. Afterwhich, staffwill work with the professional polling company
to develop a survey to test as many ofthese projects as feasible. As well, the City Manager explained that
she will be hiring an outreach consultant to help craft the questions.
Councilmember Colson asked when there are two similar types of projects, will those projects be polled
individually or together. City Manager Goldman stated that they would be combined. Councilmember
Colson asked specifically about the Bayfront trail. City Manager stated for the Bayfront trail instead of
stating long or short trail, they would just state Bayfront Trail unless the polling company thought a dollar
amount should be attached to the project. Ifthe polling company wanted to attach a dollar amount they
would pick one project over the other for the poll.
Vice Mayor Ortiz stated that he ranked Bayview Park low based on the assumption that the City would not
be able to get a long lease for that piece of land. However, if the City could get a longer lease fiom the state
then he would rank the Bayview Park higher'
Mayor Keighran asked about the north-south bicycle improvements stated that she was unclear what it
covered. City Manager Goldman stated that this was the least specific of all the projects and so staffwould
defer to pollster on whether specificity was necessary.
Councilmernber Brownrigg stated that he would not be in favor of putting dollar figures on projects for two
reasons: (1) the price ofprojects move around depending on ifthere is a public/private partnership or if the
City uses its own bonding capacity to help buy down the cost of the Community Center; and (2) the idea
behind the potential measure is improving the quality of life and therefore the questions should ask residents
what projects they deem important. He also stated that there were a number of assumptions that went into
how he ranked the projects. And that these assumptions were not necessarily the final outcome.
Accordingly, he stated he wanted to make sure the questions were open ended and concemed what the public
found important.
Agrenda I tem 8b
Meeting DaEe: 4/ 4/L6
City Manager Goldman stated that she would confer with the polling company as to how the questions
should be phrased. Furthermore, she explained that what staff hoped to obtain from the poll was ( I ) if the
community had an interest in going forward with a general obligation bond for the upcoming election and (2)
what types ofprojects the community is interested in pursuing.
Councilmember Brownrigg stated that railroad noise should be included in the poll. And if the poll
discovered that it bothered a lot ofpeople then it would be something the City/Council should consider. City
Manager Goldman stated that the two train noise projects ranked low and that they needed to be carefirl how
many questions they wanted the polling company to ask in order to obtain valuable data from the poll.
Mayor Keighran stated that Council discussed the number ofprojects at the study session and decided to
rank the projects to prioritize their importance. She explained that limiting the number of projects included
in a future tax measure would assist in improving the likelihood that the measure passes. Accordingly,
because the Council discussed the idea ofprioritizing projects, Council should stick with how the projects
were ranked.
Councilmember Beach discussed the estimated cost of $37 million to $47 million to build the new
Community Center. She stated that this is a project that the community is behind and that has been
developed over the years. Therefore, she wondered if during the polling the cost of the Community Center
should be included to asce-rtain the public's willingness to pay for it'
Councilmember Colson stated that once the polls are conducted, Council and staff will have a better
understanding of what projects can be funded from the desired tax mechanism.
Councilmernber Brownrigg stated that he agreed with Councilmember Beach that the support ofthe
community center from a cost perspective should be polled.
Mayor Keighran asked ifanyone from the public would like to speak, no one spoke'
City Manager Goldman stated she would move forward with hiring the polling company and consultant'
Mayor Keighran asked about timeline'
City Manager Goldman stated that currently the polling company probably won't start the poll until May.
Accordingly she is aiming to bring the results back to the Council before their July 5, 201 6 meeting.
ll.COUNCIL CON{NTITTEE AND ACTIVITIES REPORTS AND ANNOUNCENIENTS
Council reported on various events and committee meetings they each attended on behalfofthe City'
12. FUTURE AGENDA ITEMS
There were no future items.
13.ACKNOWLEDGENIENTS
a. FEBRUARY 20 I6 NIONTHLY PER}IIT ACTIVITY
Burlingame City Council
Unapproved Minutes
4
March 21, 2016
Agenda I teo 8b
Meeting Dat-e: 4/ 4/A6
b. COMMISSI ON MEETING NIINUTES:C. SAFETY AND PARKING CONINIISSION
FEBRUARY I1.2016. LIBRARY BOARD OF TRUSTEES.FEBRUARY 23.2016
Mayor Keighran asked City Librarian McCulley about the circulation increase. City Librarian explained that
the increase is due to the renovation and that the library's circulation is getting back to its normal rates.
14. ADJO
Mayor Keighran adjoumed the meeting at 7:55 pm in mernory of James Lowrie.
Respectfu lly submitted,
Meaghan Hassel-Shearer
City Clerk
Burlingame City Council
Unapproved Minutes
5
March 2t. 2016
STAFF REPORT AGENDA NOr 8c
MEETING DATE: April4, 2016
To: Honorable Mayor and City Council
Date: April 4,2016
From: Ana Maria Silva, Executive Assistant - (650) 558-7204
subject: open Nomination Period to Fill Two vacancies on the Library Board of
Trustees
RE COMMENDATION
Staff recommends that the City Council call for applications to fill tvvo impending vacancies on the
Library Board of Trustees. The recommended due date is May 20, 2016, This will allow applicants
two opportunities (April 19 and May 17) to attend a Library Board meeting.
BACKGROUND
The City's current commissioner appointment procedure calls for any Commissioner desiring
reappointment to apply in the same manner as all other candidates. All past applicants on the
two-year waitlist will be informed of the vacancy.
1
\--STAFF REPORT
To:Honorable Mayor and City Council
From: Carol Augustine, Finance Director - (650l. 558'7222
Subject:
8d
I,TEETINGDAIE: April4.2016
Adoption of a Resolution Authorizing the City Manager to Execute a Three'
Year Agreement with Maze & Associates Accountancy Corporation to
Serve as the City of Burlingame's lndependent External Financial Auditors
With an Opt ion to Extend for Two Additional Years
RECOMMEN ON
Staff recommends that the City Council authorize the City Manager to execute the agreement
with Maze & Associates Accountancy Corporation for external financial audit services.
ln addition, GFOA best practices also stipulate that a governmental entity should actively seek to
replace the auditor at the end of the multiyear agreement in order to preserve and enhance
independence, objectivity and impartiality. The City has used the accounting firm of Brown
Armstrong Certified Public Accountants since 2O11, lot a total of five years. Brown Armstrong
performed their duties very well and provided excellent service to the City. However, in keeping
with the GFOA best practices, a Request for Proposals (RFP) for Auditing Services was issued in
February. The deadline for proposals was March 3' 2016.
1
Date: April 4,2016
AGENDA NO:
BACKGROUND
The City is required to have an annual, independent, external audit of its financial statements to
ensure compliance with federal, state and local laws, generally accepted accounting principles,
and pronouncements and standards ofthe Governmental Accounting Standards Board (GASB).
ln accordance with the best practices promulgated by the Government Finance Officers
Association (GFOA), governmental entities should enter into multiyear agreements of at least five
years in duration when obtaining the services of independent auditors. Such multiyear
agreements can take a variety of different forms (e.g., a series of single-year contracts),
consistent with applicable legal requirements. Such agreements allow for greater continuity and
help minimize the potential for disruption in connection with the independent audit. Multiyear
agreements can also help to reduce audit costs by allowing auditors to recover certain "startup"
costs over several years, rather than over a single year.
Auditing Se rvices Agree ment April 4, 2016
DISCUSSION
Seven audit firms submitted qualified proposals to the City's RFP. Three firms were selected for
interviews. References for the three most competitive firms were checked and evaluated. Maze
& Associates was selected as the best qualified firm based on its 37 years of experience
(founded in 1979), its statewide presence, and its governmental accounting expertise. The firm
also offered the most personalized training services as part of its engagement scope. The City
Council's Audit Committee was kept informed throughout the selection process and invited to the
in-person interviews.
FISCAL IMPACT
The annual cost of the audit engagement is $62,340 for the first year of engagement, and the
total cost of the three-year agreement is $'192,687. This compares to the contracted cost of
$68,000 annually for these services over the past five years.
Exhibits:
. Resolution
. Agreement
2
RESOLUTION OF THE CITY COTJNCIL OF THE CITY OF BURLINGAME
AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT BETWEEN
THE CITY OF BURLINGAME AI\D MAZE & ASSOCIATES ACCOUNTANCY
CORPORATION FOR EXTERNAL FINANCIAL AUDITING SERVICES
WIIEREAS, the City is required by State law to have an annual, independent, external
audit of its financial statements to ensure compliance with federal, state, and local laws; with
generally accepted accounting principles; and with pronouncements and standards of the
Governmental Accounting Standards Board (GASB); and
WHEREAS, in accordance with the best practices promulgated by the Govemment
Finance officers Association (GFOA), govemmental entities in practice enter into multiyear
agreements (usually no longer than five years) when obtaining the services of independent
auditors, as such agreements allows for greater continuity and minimize the potential for
disruption in connection with the independent audit; and
WHEREAS, the GFOA best practices also state that a governmental entity should
actively seek to replace the extemal auditor at the end of the multiyear agleement in order to
preserye and enhance independence, objectivity and impartiality; and
WHEREAS, the accounting firm of Brown Armstrong Accountancy Corporation has
provided extemal auditing services for the City since 201 l; and
WHEREAS, consistent with the GFOA best practices, the City issued a Request for
Proposal for extemal financial auditing services; seven firms submitted qualified proposal, three
firms were selected for interviews, and after completion of the review process, the City selected
Maze & Associates Accountancy Corporation as the best qualified firm based on its 37 years of
experience in auditing govemmental entities; and
WHEREAS, Maze & Associates Accountancy Corporation has agreed to perform
extemal auditing services for the City at a cost not to exceed $62,340 for fiscal year one (2015-
l6), $64,210 for fiscal year two (2016-17), and $66,137 for fiscal year three (2017-18), including
all materials and other reimbursable amounts.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BURLINGAME
DOES HEREBY RESOLVE AND ORDERAS FOLLOWS:
The City Council hereby approves, and authorizes the City Manager to execute the
Agreement with Maze & Associates Accountancy Corporation to perform annual extemal
auditing services for the City of Burlingame for fiscal years 2015- 16, 2016-17 , and 2017-18,
with an option, at the City's discretion, to extend the agreement for two additional years, fiscal
years 2018-19 ard 2019-20, in a form as attached hereto and incorporated herein as Exhibit
1
RESOLUTION NO.
Mayor
I, MEACHAN HASSEL-SHEARER, City Clerk of the City of Burlingame, do hereby certify
that the foregoing Resolution was adopted at a regular meeting of the City Council held on the
4th day of April, 2016 and was adopted thereafter by the following vote:
COTINCILMEMBERS:
COUNCILMEMBERS:
COI.INCILMEMBERS:
AYES:
NOES:
ABSENT
City Clerk
2
AGREEMENT FOR PROFESSIONAL SERVICES
BETWEEN THE CITY OF BURLINGAME
AND MAZE & ASSOCIATES ACCOUNTANCY CORPORATION
THIS AGREEMENT is by and between Maze & Associates Accountancy Corporation
("Consultant") and the City of Burlingame, a public body of the State of Califomia ("City'').
Consultant and City agree:
1. Services. Consultant shall provide the consultant services for the City's annual
audit and related functions, as described with further particularity in the City's Request for
Proposal dated February 11,2016, and Consultant's proposal dated March 3,2016. The
Consultant's proposal is provided as Exhibit A, attached hereto and incorporated herein.
2. Compensation. Notwithstanding the expenditure by Consultant of time and
materials in excess of said Maximum compensation amount, Consultant agrees to perform all of
the Scope of Services herein required ofConsultant for $62,340 for fiscal year one (2015-16),
$64,210 for fiscal year two (2016-17), and $66,137 for fiscal year three (2017-18), including all
materials and other reimbursable amounts ("Maximum Compensation"). Invoices shall be paid
within 30 days of approval. All bills submitted by Consultant shall contain sufficient
information to determine whether the amount deemed due and payable is accurate. Bills shall
include a brief description ofservices performed, the date services were performed, the number
ofhours spent and by whom, a brief description ofany costs incurred and the Consultant's
signature. In no event shall City be obligated to pay late fees or interest, whether or not such
requirements are contained in Consultant's invoice.
3. Term. This Agreement commences on full execution hereof and terminates on
March 31,2019 unless otherwise extended. However, at the sole option of the City, this
Agreement may be extended for up to two additional years, or terminated pursuant to the
provisions hereof. Consultant agrees to diligently prosecute the services to be provided under
this Agreement to completion and in accordance with any schedules specified herein. In the
performance ofthis Agreernent, time is of the essence. Time extensions for delays beyond the
Consultant's control, other than delays caused by the City, shall be requested in writing to the
City's Contract Administrator prior to the expiration of the specified completion date.
4. Assignment and Subcontracting. A substantial inducement to City for entering
into this Agleement is the professional reputation and competence of Consultant. Neither this
Agreement nor any interest herein may be assigrred or subcontracted by Consultant without the
prior written approval of City. It is expressly understood and agreed by both parties that
Consultant is an independent contractor and not an anployee(s) of the City.
5. Insurance. Consultant, at its own cost and expense, shall carry, maintain for the
duration of the Agreement, and provide proof thereof, acceptable to the City, the insurance
coverages specified in Exhibit B, "City Insurance Requirernents," attached hereto and
incorporated herein by reference. Consultant shall demonstrate proof of required insurance
coverage prior to the commencement of services required under this Agreement, by delivery of
Certificates of Insurance to City.
6. Indemnification. Consultant shall indemnifu, defend, and hold City, its directors,
officers, employees, agents, and volunteers harmless from and against any and all liability,
claims, suits, actions, damages, and causes ofaction arising out of, pertaining or relating to the
negligence, recklessness or willful misconduct of Consultant, its employees, subcontractors, or
agents, or on account ofthe performance or character ofthe Services, except for any such claim
arising out of the sole negligence or willful misconduct of the City, its offrcers, employees,
agents, or volunteers. It is understood that the duty of Consultant to indernnifu and hold
harmless includes the duty to defend as set forth in section 2778 of the Califomia Civil Code.
Notwithstanding the foregoing, for any design professional services, the duty to defend and
indanni$ City shall be limited to that allowed pursuant to Califomia Civil Code section 2782.8.
Acceptance ofinsurance certificates and endorsements required under this Agreement does not
relieve Consultant from liability under this indernnification and hold harmless clause. This
indernnification and hold harmless clause shall apply whether or not such insurance policies shall
have been determined to be applicable to any ofsuch damages or claims for damages.
7 . Termination and Abandonment. This Agreement may be cancelled at any time
by City for its convenience upon written notice to Consultant. In the event of such termination,
Consultant shall be entitled to pro-rated compensation for authorized Services performed prior to
the effective date of termination provided however that City may condition payment ofsuch
compensation upon Consultant's delivery to City of any or all materials described herein. In the
event the Consultant ceases performing services under this Agreonent or otherwise abandons the
project prior to completing all ofthe Services described in this Agreement, Consultant shall,
without delay, deliver to City all materials and records prepared or obtained in the performance
of this Agreement. Consultant shall be paid for the reasonable value of the authorized Services
performed up to the time of Consultant's cessation or abandonment, less a deduction for any
damages or additional expenses which City incurs as a result ofsuch cessation or abandonment.
8. Ownership of Materiats. All documents, materials, and records of a finished
nature, including but not limited to final plans, specifications, video or audio tapes, photographs,
computer data, software, reports, maps, electronic files and films, and any final revisions,
prepared or obtained in the performance of this Agreement, shall be delivered to and become the
property of City. All documents and materials of a preliminary nature, including but not limited
to notes, sketches, preliminary plans, computations and other data, and any other material
referenced in this Section, prepared or obtained in the performance of this Agreement, shall be
made available, upon request, to City at no additional charge and without restriction or limitation
on their use. Upon City's request, Consultant shall execute appropriate documents to assign to
the City the copyright or trademark to work created pursuant to this Agreement. Consultant shall
retum all City property in Consultant's control or possession immediately upon termination.
9. Compliance with Laws. ln the performance of this Agteement, Consultant shall
abide by and conform to any and all applicable laws of the United States and the State of
California, and all ordinances, regulations, and policies of the City. Consultant warrants that all
work done under this Agreanent will be in compliance with all applicable safety rules, laws,
statutes, and practices, including but not limited to CaI/OSHA regulations. Ifa license or
registration ofany kind is required of Consultant, its employees, agents, or subcontractors by
law, Consultant warrants that such license has been obtained, is valid and in good standing, and
Consultant shall keep it in effect at all times during the term of this Agreement, and that any
applicable bond shall be posted in accordance with all applicable laws and regulations.
10. Conflict of Interest. Consultant warrants and covenants that Consultant presently
has no interest in, nor shall any interest be hereinafter acquired in, any matter which will render
the services required under the provisions of this Agreement a violation ofany applicable state,
local, or federal law. In the event that any conflict of interest should nevertheless hereinafter
arise, Consultant shall promptly notify City of the existence ofsuch conflict of interest so that
the City may determine whether to terminate this Agreement. Consultant further warrants its
2
compliance with the Political Reform Act (Govemment Code $ 81000 et seq.) respecting this
Agreement.
I 1. Whole Agreement and Amendments. This Agreement constitutes the entire
understanding and Agreement of the parties and integrates all of the terms and conditions
mentioned herein or incidental hereto and supersedes all negotiations or any previous written or
oral Agreements between the parties with respect to all or any part ofthe subject mafter hereof.
The parties intend not to create rights in, or to grant remedies to, any third party as a beneficiary
of this Agreanant or of any duty, covenant, obligation, or undertaking established herein. This
Agreement may be amended only by a written documant, executed by both Consultant and City's
City Manager, and approved as to form by the City's City Attomey. Such document shall
expressly state that it is intended by the parties to amend certain terms and conditions of this
Agreement. The waiver by either party of a breach by the other ofany provision ofthis
Agreanent shall not constitute a continuing waiver or a waiver ofany subsequent breach of
either the same or a different provision of this Agreernent. Multiple copies of this Agreement
may be executed but the parties agree that the Agreanent on file in the office of City's City Clerk
is the version ofthe Agreement that shall take precedence should any differences exist among
counterparts of the document. This Agteement and all matters relating to it shall be govemed by
the laws of the State of Califomia.
12. Capacity of Parties. Each signatory and party hereto warrants and represents to
the other party that it has all legal authority and capacity and direction from its principal to enter
into this Agreement and that all necessary actions have been taken so as to enable it to enter into
this Agreement.
13. Severability. Should any part ofthis Agreement be declared by a final decision
by a court or tribunal of competent jurisdiction to be unconstitutional, invalid, or beyond the
authority ofeither party to enter into or carry out, such decision shall not affect the validity of the
remainder of this Agreement, which shall continue in fulI force and effect, provided that the
rernainder of this Agreement, absent the unexcised portion, can be reasonably interpreted to give
effect to the intentions of the parties.
14. Notice. Any notice required or desired to be given under this Agreement shall be
in writing and shall be personally served or, in lieu ofpersonal service, may be given by (i)
depositing such notice in the United States mail, registered or certified, return receipt requested,
postage prepaid, addressed to a party at its address set forth in Exhibit A; (ii) transmitting such
notice by means of Federal Express or similar ovemight commercial courier ("Courier"), postage
paid and addressed to the other at its street address set forth below; (iii) transmitting the same by
facsimile, in which case notice shall be deemed delivered upon confirmation of receipt by the
sending facsimile machine's acknowledgrnent of such with date and time printout; or (iv) by
personal delivery. Any notice given by Courier shall be deemed given on the date shown on the
receipt for acceptance or rejection ofthe notice. Either party may, by written notice, change the
address to which notices addressed to it shall thereafter be sent.
1 5 . Miscellaneous. Except to the extent that it provides a part of the defrnition of the
term used herein, the captions used in this Agreement are for convenience only and shall not be
considered in the construction of interpretation ofany provision hereof, nor taken as a correct or
complete segregation ofthe several units ofmaterials and labor.
Capitalized terms refer to the definition provide with its first usage in the Agreement.
3
When the context of this Agreement requires, the neuter gender includes the masculine,
the ferninine, a partnership or corporation, trust or joint venture, and the singular includes the
plural.
The terms *shall", '\rill', "must" and "agree" are mandatory. The term "may'' is
permissive.
The waiver by either party ofa breach by the other ofany provision of this Agreement
shall not constitute a continuing waiver or a waiver ofany subsequent breach ofeither the same
or a different provision ofthis Agreanent.
When a party is required to do something by this Agreement, it shall do so at its sole cost
and expense without right to reimbursement from the other party unless specific provision is
made otherwise.
Where any party is obligated not to perform any act, such party is also obligated to
restrain any others within its control from performing such act, including its agents, invitees,
contractors, subcontractors and ernployees.
IN WITNESS WIIEREOF, Consultant and City execute this Agreement.
CONSULTANT
Name
Address
By:By:
Lisa K. Goldman
City Manager
Name
Title-
Date:
Meaghan Hassel-Shearer
City Clerk
Approved as to form:
Date:
Federal Employer ID Number:-
License Numberr-
Expiralion Date:-
Attest:
Kathleen Kane
City Attomey
Attachments:
Exhibit A Scope of Services
Exhibit B City Insurance Provisions
1
CITY OF BURLINGAME
501 Primrose Road
Burlingame, CA 94010
EXHIBIT A
SCOPE OF WORK
The City's CAFR wilt be prepared by the audit hrm. The CAFR must be in futl compliance with all applicable
GASB pronouncements and GFOA standards. The audit firm will render its auditors' report on the basic financial
statements, which will include both Govemment-Wide Financial Statements and Fund Financial Statements. The
audit firm will also apply limited audit procedures to Management's Discussion and Analysis and required
supplementary information penaining to the General Fund and each major fund ofthe City.
The audit hrm shall express an opinion on the fair presentation of its combining and individual fund financial
statements and schedules in conformity with generally accepted accounting principles. The audit hrm is to provide
an "in-relarion-to" opinion on the supporting schedules based on the auditing procedures applied during the audit of
the basic financial statements and the combining and individual fund financial statements and schedules. The
auditor shall also be responsible for perform.ing certain limited procedures involving required supplementary
information required by the Oovemmental Accounting Standards Board as mandated by generally accepted auditing
standards.
The audit will perform the following tasks:
Perform an audit ofall funds of the City of Burlingame. The audit will be conducted in accordance with
auditing standards generally accepted in the United States of America and Govemment Auditing Standards,
issued by the Comptroller of the United States. The selected firrr will be contracted to prepare the financial
statements, schedules and accompanying notes for inclusion in the City's Comprehensive Amual Financial
Reporr (CAITR). The CAFR will be in full compliance with GASB 34 aad all other standards. The audit
firm will render the auditors' report on the basic financial statements which will include both Government-
Wide Financiat Statements and Fund Financial Statements. The audit firm will also apply limited audit
procedures to Management's Discussion and Analysis (MD&A) and required supplementary information
pertaining to the General Fund and each major Fund ofthe City.
2. Perform a single audit on the expenditures of federal grants in accordance with OMB Circular 4-133 and
render the appropriate audit reports on lnternal Control over Financial Reponing based upon the audit of
the City's financial statements in accordance with Govemment Auditing Standards and the appropriate
reports on compliance with Requirements Applicable to each Majo! Program, Intemal Conhol over
Compliance and on the Schedule of Expenditures of Federal Awards. The single audit report will include
an appropriate schedule of expenditures of federal awards, footnotes, findings and questioned costs,
including reportable conditions and material weaknesses, and follow up on prior audit hndings where
required. Ifthe City does not meet the minimum requirements to necessitate a single audit, the fees shall be
adjusted accordingly.
3. Issue a separate "management lettef'that includes recommendations for improvements in intemal control,
accounting procedures and other signihcant observations that are considered to be non-reportable
conditions. Management leners shall be addressed to the Finance Director.
4. Prepare the Armual State Controller's Cities Financial Transactions Report for the City of Burlingame, if
requested.
5. Provide an agreed-upon procedures report for the Gann Appropriations Limit worksheet
6. Measure A Funds for Local Transportation Purposes audit and report are also to be provided
Required Reports To Be Issued
Following the completion ofthe audit ofthe fiscal year's financial statements, the auditor shall issue
l. An indexed, electronic copy, and ten (10) printed copies of the CAFR shatl be delivered to the City.
2. A report on the fair presentation of the financial statements in conformity with generally accepted
accountilg principles, including an opinion on the fair presentation of the supplementary schedule of
expenditures of federal awards in relation to the audited fmancial statements.
)
3. A report on compliance and internal control over financial reporting based on an audit of the financial
4. A report on compliance and intemal control over compliance applicable to each major federal program, if
applicable.
5. The auditor shall issue a management letter.
The reports on compliance shall include all instances of noncompliance, irregularities and illegal acs. Auditors
shall be required to make an immediate, {ritten report of all irregularities and iltegal acts or indications of illegal
acts ofwhich they become aware.
The auditor shall issue a management letter. The auditor shall issue a statement of compliance with the OIfice of
Management and Budget (OMB), Circular A-133, audits of states, local governments, and nonprofit organizations.
The auditor shall also be responsible for performing cenain limited procedures involving required supplementary
information required by the Governmental Accounting Standards Board as mandated by gene.ally accepted auditing
standards.
The audit hrm shatt prepare a Single Audit Act Repon and submit to the Federal Audit Clearinghouse. The
schedule of Expenditures of Federal Awards and related auditor's report, as well as the reports on compliance and
intemal controls ar€ not be included in the comprehensive annual financial repon, but are to be issued separately.
The audit frm shall provide Measure A Funds for Local Transportation Purposes auditor's opinion, independent
auditor's compliance report, as well as, independent auditor's report on intemal control structure. An electronic
copy and five (5) printed copies ofeach repon shall be delivered to the City.
The audit firm shall prepare the City's Amual State Conholler's Report.
The audit hrm shall provide an independent auditor's report on the agreed-upon procedures applied to the Gann
appropriations limit worksheet. An electronic copy and five (5) printed copies ofeach report shall be delivered to
the City.
Required Journal Entries
All auditors' adjusting joumal ontries must be discussed and explained to the Deputy Finance Dtector prior to
recording. All adjusting entries must be formatted to the City's specifications, and include an indicator as to
whether the adjustment is required or for reporting purposes only'
Working Papers
The audit firm will prepare all audit working papers necessary for expressing an opinion on the faimess of the
presentation of the City's financial statements. Certain schedules, to be agreed upon, will be provided to the auditors
for inclusion in their workhg papers.
All working papers and reports must be retained, at the auditor's expense for a minimum of seven (7) years, unless
the fu.m is notified in wdting by the City of the need to extend the retention period. The auditor will be required to
make working papen available to the City or any gover nent agencies included in the audit of federal grants- ln
addition, the firm shatl respond to the reasonable inquiries of successor auditors and allow successor auditors to
review working pape6 relating to matters ofcontinuing accounting significance.
Iuterim Meetitrgs and Reports
On a weekly basis, or as necessary, the auditor shall meet with the Deputy Finarce Director and her/his staff to
discuss the status of the audit, outstanding items and information requests, proposals for any cost ovemrns (which
must be approved in advance by the Finance Director), total hours incurred, potential management cornments or
audit findings, potential audit adjustments, and the estimated completion date.
6
statements.
Auditor's Communication with Those Charged with Governance
At the end of each frscal year engagement, the audit frm will issue an "Auditor's Communication with Those
Charged with Govemance" report, advising the City of any significant deficiencies and material weakness in
accounting controls, opportunities observed for economies in operatioos, conaol improvements, recommendations
for frnancial management improvements, or improvements in the €ffectiveness of the City's utilization of financial
resources if any such findings are observed. A statement indicating no significant deficiencies or material
weaknesses and areas for improvement would be required if no findings exist.
Exit Conferences
Exit conferences are required at the conclusion of interim and field work for each fiscal year of the audit
engagement. Conferences will be held with the Finance Director and her/his management staff. A separate exit
conference must be held with the City Manager and/or elected representatives.
GFOA Reviews
The City intends to submit its CAIR each year to the Govemment Finance Officers Association's (GFOA)
Certificate of Achievement for Excellence in Finance Reporting award program. The auditor selected shall be
expected to review the City's CAFR to ensure compliance with the rcquirements ofthe award program.
Report Presetrtrtion
The audit firm shall present the CAFR and "Auditor's Communication with Those Charged with Govemance" to
the Audit Committee at the completion ofthe audit each fiscal year.
7
EXHTBIT B
The City will requirc the successful audit firm to provide Certificates of Insurance evidencing requted coverage
types and the minimum limits as listed below. The audit firm shall procure and maintain for the duration ofthe
contract insurance against claims for injuries to pennns or damages to property which may arise from or in
coDtrection urith the performance ofthe work hereunder by the audit firm, its agents, representatives or employees.
Coverage shall be at least as broad as:
l. Commercial General Liability (CGL): Insurance Services Office Form CG 00 0l covering CGL on an
"occurrence" basis for bodily injury and property damage, including products-completed operations, Pe6onal
injury and advertising injury, with limits no less than $1,000,000 per occurr€nce. lf a general aggregate limit
applies, either the general aggregate timit shatl apply separately to this project/location or the general aggregate
limit shall be twice the requted occurrence limit.
2. Automobile Liability: Insurance Services Office Form Number CA 0001 covering, Code I (any auto), or if
Advisor has no owned autos, Code 8 (hired) and 9 (non-owned), with limit no less than $1,000,000 per accident
for bodily injury and property damage.
3. Workers' Compensation insurance as required by the State of Califomia, with Statutory Limits, and Employer's
Liability Insurance with limit ofno less than $1,000,000 per accident for bodily injury or disease.
4. Professional Liability (Errors and Omissions) Insurance appropriate to the Advisols profession, with limit no
less than S 1,000,000 per occurence or clai4 $2,000,000 aggregate.
Ifthe audit firm maintains higher timits than the minimums shown above, the City requires and shall be entided to
coverage for the higher limits maintained by the Consultant.
8
INSURANCE REQUIREMENTS
AGENDA NO: 8e
MEETING DATE: Apdl 4, 2016
To:Honorable Mayor and City Council
Date: April 4,2016
From: William Meeker, Community Development Director - (650) 558-7255
Adoption of a Resolution Authorizing the City Manager to Execute an
Amendment to Professional Services Agreement with Panorama
Environmental, lnc. to Perform Environmental Review Services Related to
the Proposed Multi-Family Residential Development Project at 1128'1132
Douglas Avenue and 524 Oak Grove Avenue
The City Council is asked to adopt a resolution authorizing the City Manager to execute an
amendment to the Professional Services Agreement with Panorama Environmental, lnc. for
environmental review services providing additional funds in the amount of $17,563.60 and
extending the term of Agreement to December 30, 2016, related to the proposed Multi-family
Residential Development Project at 1128-1132 Douglas Avenue and 524 Oak Grove Avenue at a
maximum cost of $175,891.60.
The City has entered into an Agreement for Professional Services with Panorama Environmental,
lnc. to perform the environmental review services required for the proposed Douglas Avenue
Multi-family Residential Development Project, in an amount not to exceed $158,328.00 (refer to
attached Agreement). Panorama Environmental, lnc., the applicant, and staff discussed concerns
expressed by the Planning commission and public at the environmental scoping meeting and
determined that the following additional items should be prepared: visual simulations for a second
reduced intensity project design allernative, an additional alternative to the proposed project, and
1
STAFF REPORT
Subject:
RECOMMENDATION
BACKGROUND
The City of Burlingame has received an application for a proposed multi-family residential
development with 29 apartment units located al 1128-1132 Douglas Avenue, zoned R-4. The
project proposes to develop the 15,492 square foot site into a multi-family residential
development that would include 29 apartment units in a five-story building, algrade and below-
grade parking, amenities and landscaping. Cunently, the site is occupied by two single family
dwellings, a four-unit apartment building, and a detached one-car garage. The proposal also
includes relocating the front portion of the existing house at 1"128 Douglas Avenue to 524 Oak
Grove Avenue and a first and second story addition and a new detached garage. An
environmental review of the project is required.
DISCUSSION
Professional Sevices Agreement - Panorama Environme ntal, lnc.April 1, 2016
a Health Risk Assessment. The cost to prepare the visual simulations, additional alternative and
Health Risk Assessment is estimated to be $"17,563.60.
Due to the additional time needed to prepare these items and delays experienced in receiving
information from the applicant, the term of the Agreement needs to be extended from April 30,
2016 to December 30, 2016.
Attached is the draft Amendment to Agreement for Professional Services with Panorama
Environmental, lnc. to increase the budget amount to perform the environmental review services
required for the proposed Douglas Avenue Multi-family Residential Development Project by
$17,563.60, for a total amount not to exceed $175,891 .60 (see Amendment to Agreement).
Because the cost of the amended agreement exceeds $100,000, Council approval is required.
The Contract Amendment Request from Panorama Environmental, lnc. is attached to this report.
Although the contract is with the City of Burlingame, the applicant will submit a check in the
amount of $17,563.60 to the City of Burlingame to cover the costs of the additional environmental
review. The City will administer the contract, and will pay the consultant on a monthly basis as
services are rendered.
. Resolution. Executed Agreement for Professional Services with Panorama Environmental, lnc.
. Proposed Amendment to Agreement for Professional Services. Contract Amendment Request from Panorama Environmental, lnc.
2
FISCAL IMPACT
Exhibits:
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME AUTHORIZING THE CITY
MANAGER TO EXECUTE AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES AGREEMENT
WITH PANORAMA ENVIRONMENTAL, INC. TO PERFORM ADDITIONAL ENVIRONMENTAL
REVIEW SERVICES RELATED TO THE PROPOSED MULTI-FAMILY RESIDENTIAL DEVELOPMENT
PROJECT AT 1128-1132 DOUGLAS AVENUE
AND 524 OAK GROVE AVENUE
WHEREAS, pursuant to the California Environmental Quality Act (CEOA), an environmental
review of the project must occur prior to consideration of the Douglas Avenue Multi-family Residential
Development Project by the Planning Commission and City Council; and
WHEREAS, the City has determined that additional time is required to provide the additional
work, thereby necessitating the extension of the term of the Agreement to December 30, 2016; and
WHEREAS, because the amendment to the agreement will authorize work in excess of $100,000,
City Council approval is required.
NOW, THEREFORE, BE IT RESOLVED AND ORDERED:
The City Manager is authorized and directed to enter into Amendment No. 1 to the Professional
Services Agreement with Panorama Environmental, lnc. for environmental review services
related to the Douglas Avenue Multi-family Residential Development project, consistent with the
Scope of Work attached to this resolution, for an additional cost of $17,563.60, for a maximum
total cost of $175,891.60, as stated in the Contract Amendment Request 1.
1
2 The City Clerk is directed to attest to the signature of the City Manager upon execution of the
Professional Services Agreement.
1
WHEREAS, the Community Development Department - Planning Division has received an
application for a proposed multi-family residential development consisting of 29 apartment units located
al1128-1132 Douglas Avenue and 524 Oak Grove Avenue (Douglas Avenue Multi-family Residential
Development Project); and
WHEREAS, the City has entered into an Agreement for Professional Services with Panorama
Environmental, lnc. to perform the environmental review services required for the proposed Douglas
Avenue Multi-family Residential Development Project, in an amount not to exceed $158,328.00; and
WHEREAS, the City has determined that additional work is required to provide additional visual
simulations, alternatives analysis, and health risk analysis, and the Consultant has prepared a contract
amendment outlining the additional work required and estimated costs of $17,563.60; and
Resolution No.
Mayor
l, Meaghan Hassel-Shearer, City Clerk of the City of Burlingame, do hereby certify that the foregoing
resolution was introduced at a regular meeting of the City Council, held on the 4u day of April, 2016, and
as adopted thereafter by the following vote:
AYES:
NAYES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
City Clerk
2
AGR-EEMENT EOR PROFESSIONAL SERVICES
BETWEEN TIIE CITY OF BI,]RLINGAME
AND PANORAMA ENVIRONMENTAL, INC. ['OR
ENVIRONMENTAL REVIEW SERVICES RELATED TO
THE MULTI.FAMILY DEVELOPMENT PROJECT AT 1128-1132 DOUGLAS
AVENT]E AND 524 OAK GROYE AVENI]E
TmS AGREEMENT is by and between Panorama Environmental, Inc. ("Consultant")
and the City of Burlingame, a public body of the State of Califomia ("City"). Consultant and
City agree:
1. Services. Consultant shall provide the Services set forth in Exhibit A, attached
hereto and incorporated herein.
2. Compensation. Notwithstanding the expenditure by Consultant of time and
materials in excess of said Maximum compensation amouni, Consultant agrees to perform all of
the Scope of Services herein required of Consultant for $158,328.0, including all materials and
other reimbursable amounts ("Maximum Compensation"). Consultant shall submit invoices on a
monthly basis. All bills submitted by Consultant shall contain sufficient information to
determine whether the amount deemed due and payable is accurate. Bills shall include a brief
description of services performed, the date services were performed, the number of hours spent
and by whom, a brief description of any costs incurred and the Consultant's signature.
3. Term. This Agreement commences on full execution hereof and terminates on
April 30, 2016, unless otherwise extended or terminated pumuant to the provisions hereof.
Consultant agrees to diligently prosecute the services to be provided under this Agreement to
completion and in accordance with any schedules specified herein. In the performance of this
Agteement, time is ofthe essence. Time extensions for delays beyond the Consultant's control,
other than delays caused by the City, shall be requested in wdting to the City's Contract
Administrator prior to the expiration of the specified completion date.
4. Assignment and Subcontracting. A substantial inducement to City for entering
into this Agteement is the professional reputation and competence of Consultant. Neither this
Agreement nor any interest herein may be assigned or subcontracted by Consultant without the
prior written approval of City. It is expressly understood and agreed by both parties that
Consultant is an independent contractor and not an employee of the City.
6. Indemnification. Consultant shall indemnify, defend, and hold City, its directors,
officers, employees, agents, and volunteers harrnless from and against any and all liability,
claims, suits, actions, damages, and causes of action arising out of, pertaining or relating to the
negligence, recklessness or willful misconduct of Consultant, its employees, subcontractors, or
agents, or on account of the performance or character of the Services, except for any such claim
5. Insurance. Consultant, at its own cost and expense, shall carry, maintain for the
duration of the Agreement, and provide proof thereof, acceptable to the City, the insurance
coverages specified in Exhibit B, "City Insurance Requhements," attached hereto and
incorporated herein by reference. Consultant shall demonstrate proof of required insurance
coverage prior to the commencement of services required under this Agreement, by delivery of
Certificates of Insurance to City.
arising out of the sole negligence or willful misconduct of the City, its officers, employees,
agents, or voluoteers. It is understood that the duty of Consultant to indemnify and hold
harrnless includes the duty to defend as set forth in s ectioa 2778 of the Califomia Civil Code.
Notwithstanding the foregoing, for any design professional services, the duty to defend and
indemnify City shall be limited to that allowed pursuant to California Civil Code section 2782.8.
Acceptance of insurance certificates and endorsements required under this Agreement does not
relieve Consultant from liability under this indemnification and hold harmless clause. This
indemnification and hold harmless clause shall apply whether or not such insurance policies shall
have been determined to be applicable to any of such damages or claims for damages.
7. Termination and Abandonmenl This Agreement may be cancelled at any time
by City for its convenience upon written notice to Consultant. In the event of such termination,
Consultant shall be entitled to pro-rated compensation for authorized Services performed prior to
the effective date of termination provided however that City may condition payment of such
compensation upon Consultant's delivery to City of any or all materials described herein. In the
event the Consultant ceases performing services under this Agleement or otherwise abandons the
project prior to completing all of the Services described in this Agreement, Consultant shall,
without delay, deliver to City all materials and records preparcd or obtained in the performance
of this Agreement. Consultant shall be paid for the reasonable value of the authorized Services
performed up to the time of Consultant's cessation or abandonment, less a deduction for any
damages or additional expenses which City incurs as a result of such cessation or abandonment.
8. Ownership of Materials. All documens, materials, and records of a finished
nature, including but not limited to final plans, specifications, video or audio tapes, photographs,
computer data, software, reports, maps, electronic files and films' and any final revisions'
prepared or obtained in the performance of this Agreement, shall be delivered to and become the
property of City. All documents and materials of a preliminary nature, including but not limited
to notes, sketches, preliminary plans, computations and other data, and any other material
referenced in this Section, prepared or obtained in the performance of this Agreement, shall be
made available, upon request, to City at no additional charge and without restriction or limitation
on their use. Upon City's request, Consultant shall execute appropriate documents to assign to
the City the coplright or trademark to work created pursuant to this Agreement. Consultant shall
return all City property in Consultant's control or possession immediately upon termilation.
9. Comptiance with Laws. In the performance of this Agreement, Consultant shall
abide by and conform to any and all applicable laws of the United States and the State of
Califomia, and all ordinances, regulations, and policies of the City. Consultant warranS that all
work done under this Agreement will be in compliance with all applicable safety rules, laws,
statutes, and practices, including but not limited to CaUOSHA regulations. ff a license or
registration of any kind is required of Consultant, its employees, agents, or subcotrtractors by
law, Consultant warrants that such license has been obtained, is valid and in good standinS, and
Consultant shall keep it in effect at all times during the term of this Agreement, and that any
applicable bond shall be posted in accordance with all applicable laws and regulations.
10. Conflict of Interest- Consultant warrants and covenants that Consultant presently
has no interest in, nor shall any interest be hereinaftel acquired in, any matter which will render
the services requted under the provisions of this Agreement a violation of any applicable state,
2
local, or federal law. [n the event that any conflict of interest should nevertheless hereinafter
arise, Consultant shall promptly notify City of the existence of such conJlict of interest so that
the City may determine whether to terminate this Agteement. Consultant further warrants its
compliance with the Political Reform Act (Government Code $ 8100O et seq.) respecting this
Agreement.
12. Capacity of Parties. Each signatory and party hereto warrants and represents to
the other party that it has all legal authority and capacity and direction from its principal to enter
into this Agreement and that all necessary actions have been taken so as to enable it to enter into
this Agreement.
13. Severability. Should any part of this Agreement be declared by a final decision
by a court or tribunal of competent jurisdiction to be unconstitutional, invalid, or beyond the
authority of either party to enter into or carry out, such decision shall not affect the validity of the
remainder of this Agreement, which shall continue in full force and effect, provided that the
remainder of this Agreement, absent the unexcised portion, can be reasonably interpreted to give
effect to the intentions of the parties.
14. Notice. Any notice required or desired to be given under this Agreement shall be
in writing and shall be personally served or, in lieu of personal service, may be given by (i)
depositing such notice in the United States mail, registered or certified, return receipt requested,
postage prepaid, addressed to a party at its address set forth in Exhibit A; (ii) transmitting such
notice by means of Federal Express or similar ovemight commercial courier ("Courier"), postage
paid and addressed to the other at its street address set forth below; (iii) transmitting the same by
facsimile, in which case notice shall be deemed delivered upon confirmation of receipt by the
sending facsimile machine's acknowledgment of such with date and time Printout; or (iv) by
personal delivery. Any notice given by Courier shall be deemed given on the date shown on the
receipt for acceptance or rejection of the notice. Either party may, by written notice, change the
address to which notices addressed to it shall thereafter be sent.
3
11. Whole Agreement and Amendments. This Agrcement constitutes the entire
understanding and Agreement of the parties and integrates all of the temrs and conditions
mentioned herein or incidental hereto and supersedes all negotiations or any previous written or
oral Agreements between the parties with respect to all or any part of the subject matter hereof.
The parties intend not to create rights in, or to grant remedies to, any third party as a beneficiary
of this Agreement or of any duty, covenant, obligation, or undertaking established herein. This
Agreement may be amended only by a written document, executed by both Consultant and the
City Manager, and approved as to form by the City Attorney. Such document shall expressly
state that it is intended by the parties to amend certain terms and conditions of this Ageement.
The waiver by either party of a breach by the other of any provision of this Agreement shall not
constitute a continuing waiver or a waiver of any subsequent breach of either the same or a
different provision of this Agreement. Multiple copies of this Agreement may be executed but
the parties agree that the Agreement on file in the office of the City Clerk is the version of the
Agreement that shall take prccedence should any differences exist among counterpads of the
document. This Agreement and all matters relating to it shall be governed by the laws of the
State of Califomia.
15. Miscellaneous. Except to the extent that it provides a part of the defrnition of the
term used herein, the captions used in this Agreement are for convenience only and shall not be
considered in the construction of interpretation of any provision hereol nor taken as a correct or
complete segregation of the several units of materials and labor.
capitalized terms refer to the definition provide with its fust usage in the Agleement.
when the context of this Agreement requires, the neuter gender includes the masculine,
the feminine, a partnership or corporation, trust oI joint ventule, and the singular includes the
plural.
The tems "shalt", "will", "must" and "agree" are mandatory. The term "may'' is
permissive.
The waiver by either party of a breach by the other of any provision of this Agreement
shall not constitute a continuing waiver or a waiver of any subsequent breach of either the same
or a different provision of this Agreement.
when a party is required to do something by this Agreement, it shall do so at its sole cost
and expense withoui right to reimbursement from the other party unless specific provision is
made otherwise.
Where any party is obligated not to perform any act, such party is also obligated to
restrain any others within its control ftom performing such act, including its agents, invitees,
conkactors, subcontractors and employees.
IN WITNESS WIIEREOF, Consultant and City execute this Agreement.
CITY OFBURLINGAME
501 Primrose Road
Burlingame, CA 94010
By:
Lisa Goldman
City Manager
Date
Principal
,,,firJU1;l- -tawie+ietter-1? n lq TrQ3
8 ZO Date:sln
€,1^
Mary El
4
Attest:
Citv Clerk
Keamey
Federal Employe, rD Nr^b*,qY nllYlt
CONSULTANT
Panorama Environmental, Inc.
One Embarcadero Center, Suite 740
San Francisco, CA 941 1 1
Approved as to form:
Ka Kane
City Attomey
Attachmetrts :
Exhibit A Scope of Services
Exhibit B City [nsurance Provisions
5
PANSRAMA
ENVIRONMENIAL, INC
.I PROJECT UNDERSTANDING
DOUGI.AS AVENUE REDEVE[OPMENI
Panorama reviewed the following project materials provided by the City of Burlingame (City)
for the new five-story, 29 unit apartment building at 112&1132 Douglas Avenue in Burlingame:
. Application forms and other correspondence submifted by the applicant
. Plan Check comments from the City's Plaming Building, Parks, Engineering, Fire, and
Stormwater Divisions
. Proposed Project plans
o Historic resource studies for the structures at 1128 and 1132 Douglas Avenue
Proposed Projecl
Dreiling Terrones Architecture, Inc. submifted a project description, application to the Planning
Commission for Design Review, and a Conditional Use Permit (CUP) application for
redevelopment of 1128 and 1132 Douglas Avenue in Burlingame. The applicant proPoses to
combine the two lots and build a new, 45,770 square foot apartment building with one, two, and
three bedroom apartments. The project involves demolishing several structures (see Table 1)
and relocating a historic home to 524 Oak Grove Avenue in Burlingame.
Toble I Projecl Demolilion
Two-siory 4-unit Aporlment
building
Two-slory, single-fomily residence
Two-storysingle-fomilyresidence Oneslory goroge
Sloroqe Shed
The project is generally consistent with current zoning for use and density. The proiect requires
a CUP application because the applicant proposes to construct the apartment building to a
height of approximately 60 feet. Zoning Ordinance 25.29.060 requires a CUP when the height
exceeds 35 feet. The maximum height conditionally allowable is 75 feet.
The applicant is also seeking a variance for a reduced front set back (18.4 feet) and a reduced
driveway width (9 feet) to accommodate preserving two protected trees.
Hislorlc Srructures
The structure at 1128 Douglas Avenue was evaluated by historic architecture consultants Page
& Turnbull. The home is considered historic and eligible for the California Register of Historical
l132 Douglos Avel128 Douglos Ave
I 128 ond I 132 Douglos Avenue . Februory 25, 2015, Revised Moy 13, 2015
I-t
Ponoromo Proposol lo Prepore on EIR
'I 128 ond 1 132 Douglos Avenue
City of Burlingome
Resources under Criterion 1 (Events) and Criterion 2 (Persons); it is not eligible under Criterion
3 (Architecture). The structure was determined not eligible for the National Register of Historic
Places. The current study did not evaluate whether the building contributes to a potential
historic district. The applicant proposes to relocate the historic home from 1128 Douglas to 524
Oak Grove Avenue.
The structure at 1132 Douglas Avenue was determined not individually eligible for listing in the
National or Cali{ornia Registers under Criterion A/1 (Events), under B/2 (Persons), or C/3
(Architecture). The current study did not evaluate whether the building contributes to a
potential historic district.
2 SCOPE OF WORK
APPROACH
The City determined that the Project should be analyzed under the California Environmental
Quality Act (CEQA) in an Environmental Impact Report (EIR). Panorama will review all
materials and determine whether a focused EIR can be prepared. The key areas of focus are
expected to be effects to histodc resourcet aesthetics, traIfic and transPortatiory and biology
(protected trees). Stormwater runoff may also be an issue, based on current plans.
IASK 1: PROJECT INITIAIION AND NOP
The Panorama project manager will meet with the City to initiate the project and refine the
project schedule. The scope of work will be refined to meet the City's needs and any concems.
Panorama team members will review relevant documentation and identify data needs.
This task also provides for time for coordination with the City and team members.
Delizserables: Revised schedule and data needs memo
Panorama will prepare a Notice of Preparation (NOP) in accordance with CEQA Guidelines
$15082(a)(1). Panorama will prepare a NOP that describes the:
. ProPosed Proiect and location
o Entitlements sought by the applicant
o Scope of the environmental review
o Key issues and potential impacts
. Date and time for the Scoping Meeting
o Methods to submit comments on the scope of the EIR
I128 ond I132 Douglos Avenue o Februory25,2015, Revised Moy 13,2015
2-2
Ponoromo Proposol lo Ptepole on EIR
I 128 ond I132 Douglos Avenue
City ol Bullingome
The NOP will be sent to the State Clearinghouse, Trustee Agencies (such as the State Historic
Preservation Office), the local water supply entity, and residents within 300 feet of the proposed
project. Panorama will work with the City to determine the appropriate mailing list.
Deliz;enble: NOP[nitial Study and mailing list
TASK 3: CONDUCT STUDIES OF KEY ISSUES
Aeslhetics
The key issue for aesthetics will be the height and mass of the building and the architectural
character of the building in light of the City's Downtown Specific Plan guidelines. Though light
and shade may be an aesthetic issues, and these buildhg impacts will be addressed, no detailed
shade modeling is proposed. 2M Associates and Panorama propose to PrePare uP to two
simulations of the project #ter construction and two simulations of a "reduced intensity"
project altemative. Given the height of the proposed structure, it is probable that these
simulations will be from viewpoints not immediately adjacent to the site, but somewhat set
back, such as from City Hall.
Patrick Miller from 2M will
Review proposed project architectural and landscape design plans of both the proposed
apartment building and the historic home to be relocated to Oak Grove Avenue.
Consideration will be given, but not limited to: building and site materials, forms,
fenestration, and colors and textures; preservation of existing trees; future screening
potential of proposed landscape plantings; and lighting.
Conduct field reconnaissance of the Project sites and vicinity and develop a photo
library of views looking toward the site(s) from within the surrounding neighborhoods.
The most sensitive publicly accessible key observation points will be identified for use in
developing photo-simulations of the Proiect and altematives'
Analyze and document the impact of the proposed project to aesthetic resources
including but not limited to:
- Generalvisibility(foreground,middleground, background)
- Visibility and duration of view from local routes of travel (streets)
- Visibility from public facilities (schools, parks, etc.)
- Visibility from residences
- Scale relationships
Analyze, in compliance with CEQA, the impacts of the proposed proiect on aesthetic
resources
Develop two (2) photo-simulations of the proposed aPartment building from key
observation points selected in consultation with City staff. The photo-simulations will
include before and after images using industry standards. They are assumed be from
I128 ond I132 Douglos Avenue. Februory25,20l5, Revised Moy 13,2015
2-3
observation points U2 to 3 blocks away from the apartment building. A simulation
immediately off of Douglas Avenue in front of the structure would be limited to the first
few floors of the structure and not representative of the height and bulk of the building.
Simulations will be based on the site plans and elevations contained in the Planning
Application. Altematively, the longitude, latitude, and elevation of key observation
points will be provided to the project proponent from which ldimensional illustrations
of the building could be developed and used in the simulations. Up to two additional
photo simulations will be developed and presented for a "reduced intensity" project
altemative.
Define mitigation measures to reduce or avoid significant impacts to aesthetic resources.
Mitigation measures to be considered may include:
- Landscape features around the building including screening walls, fencing and
planting
- Materials, colort and textures of proposed facilities
Biologicol Resources
The proposed profect has the potential to affect several significant trees. Panorama's arborist
will peer review the applicant's arborist's report for the Douglas and Oak Grove properties and
prepare a peer review memo. The arborist will review the findings on the trees and determine
whether the proposed project would have an adverse effect on the trees to be saved.
Construction under the drip line of the trees could have a significant effect. Mitigation measures
will be developed to avoid significant effects.
Cullurol Resources-Hisloric Archilecture
Richard Brandi, historic resources specialis! will describe and analyze the historic resources
that would be affected by the proposed project. Mr. Brandi will:
o Prepare a Historic Resources Technical Report
. Peer review the Carey Downtown historic report on 1132 Douglas and the Page &
Tumbull proiect-specific reports on 1128 and 1132 Douglas Avenue
o Evaluate the suitability of the 524 Oak Grove Street location for the relocation of the
Murphy house
. Determine the eligibility of the house at 524 Oak Grove Avenue which will be tom
down
o Review the plans for the rehabilitation of 1128 Douglas Avenue house for conformity to
the Secretary of Interior's Standards for Rehabilitation
o Analyze, in compliance with CEQA, the impacts of the proposed project on historic
resources
o Define mitigation measures to reduce or avoid significant impacts to historic resources
ll28 ond I132 Douglqs Avenue. Februory25.2015, Revised Moy 13,2015
2-4
Ponoromo Proposol lo Prepore on EIR
I I28 ond I 132 Douglos Avenue
City ot Burlingome
Ponoromo Proposol lo Prepore qn EIR
I I28 ond I132 Douglos Avenue
City ot Butlingome
The peer review will include reviewing the project historic rePortt performing a site visit,
analysis, and making findings and conclusions. The peer review does not include archival
research or completing Department of Parks and Recreation @PR) forms.
The applicant proposes to relocate the historic house from 1128 Douglas Avenue to 524 Oak
Grove Avenue. The existing home at 524 Oak Grove will be demolished. Mr. Brandi will
evaluate the eligibility of the existing home for listing on the National or State Historic Register
and the suitability of the Oak Grove location to relocate the house. The house will be
rehabilitated once it is moved. Mr. Brandi will evaluate the effects of the rehabilitation to
determine whether the rehabilitation conforms to the Secretary of Interior's Standards for
Rehabilitation. Recommendations in the form of mitigation measures will be defined to ensure
conformity with the standards.
Troffic
Peter Galloway of Omni-Means will review and assess the potential for traffic and
hansportation impacts. Issues may include peak hour traffic generation, the substandard width
of the driveway, and adequary of parking and traffic flow.
Omni-Means will review all project related material, including; site mapg site access locations,
project descriptions, project applications, and the City's Dozontotan Specific Plan. The total
number of daily, AM and PM peak hour vehicle triPs exPected to be generated by the ProPosed
development will be calculated. The trip generation will be established based on standard rates
from Institute of Transportation Engineers trip generation data. The site's existing trip
generation will be similarly calculated and the net new trips identified.
The trip changes on the street network will be compared with the Downtown Specifc Plan
volumes and the effects discussed, based on the likely distribution of trips. OmniMeans' initial
review indicates the added trip generation would result in minimal traffic increases on adjacent
streets-
Based on applicant input relative to the construction procest Omni-Means will qualitatively
assess the peak construction activity/duration relative to traffic and pedestrian
impacts/disruption. The possible effects of the driveway width variance will be evaluated.
The analysis will be summarized in a letter report including tex! table+ and figures to explain
the technical evaluation and recommendations. A draft report will be prepared and submitted,
and a final letter report will be completed following receiPt of comments.
Shodow Study
Panorama will prepare the shadow study at the same level of detail as the shadow study
prepared by the City for the 1433 Floribunda Avenue Project. Panorama will use SketchUp Pro
to produce the study. The shadow study will include the following:
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2.5
Ponoromo Proposol lo Prepore on EIR
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City ol Budingome
A figure with 24 illustrations of existing shadows on the winter and summer solstice
(December 21 and June 21) and the spring and fall equinox (March 21 and September 21)
depicted at 9:00 AM, 12:00 noon, and 3:00 PM
A figure with 24 illustrations of existing plus proposed project shadows on the winter
and summer solstice (December 21 and June 21) and the spring and fall equinox (March
21 and September 21) depicted at 9:00 AM, 12:00 noorL and 3:00 PM
Illustrations that will graphically distinguish between existing shadows and new
shadow cast by the proposed project
A north arrow, legend, and caption on the figures.
Tosk 3.1 Prepore Adminislrolive Drofl EIR
Panorama will prepare an Administrative Draft EIR, including a completed environmental
checklist consistent with Appendix G of the Califomia Environmental Quality Act (CEQA)
Guidelines. The EIR will address each of the environmental parameters identified in the
checklis! with the exception of Agricultural Resources and Mineral Resources, which are
unlikely to be affected by the proposed project. Additional topics that may be eliminated from
further consideration in the EIR include Population and Housing Public Services, and
Recreation.
Seclion I - lnhoduclion
The Introduction will present an overview that describes the proposed project, the purpose of
the EIR, a summary of the EIR review and approval process, the format of the EIR, permits
required for project implementation, and a brief summary of the key areas of environmental
concern raised during scoping.
TASK 3: PREPARE DRAFT EIR
I 128 ond I 132 Douglos Avenue . Februory 25, 2015, Revised Moy i 3, 2015
2-6
The scope for the shadow study assumes the following:
o All illustrations will be from the same bird's eye view, extent, and scale
. The modeling will not include shadow cast by vegetation
. The modeling will not factor in topography or changes in ground elevation because the
project site and immediate area is flat
. The modeling will flaften all rooftops at the highest point
. The modeling will use building existing building footprint data provided by the City for
the existing buildings(digitized in 2011 using aerial imagery from 2005 and 2008)
. The existing building heights will be provided by the City
. The modeling will not include shade calculations.
Ponoromo Proposol lo Prepore on EIR
I128 ond 1 132 Douglos Avenue
City ot Burlingome
Seclion 2 - Project Descriplion
The Project Description will present a detailed description of the proposed project and identify
the project's objectives.
Seclion 3 - Environmenlol Anolysis
The Environmental Analyses section of the EIR will describe the existing environmental and
regulatory setting for the site and projec! followed by analysis of the direct and indirect imPacts
of the prolect, focusing on significant impacts. Mitigation measures will be designed to
eliminate or reduce any potentially significant environmental impacts to less than significant
levels.
Thresholds of significance will be defined in consultation with City staff, to ensure consistency
with recent City determinations. The basis of all thresholds of significance is presumed to be
those outlined on the CEQA Checklist. Mitigation measures will be developed based on
established City practice, using a format that will allow the measures to be easily integrated into
the City's entitlement documents as project conditions. The measures will be specific and
verifiable.
The prelirninary scopes for the key environmental parameters alfected by the proposed proiect
follow.
Aesthetics. The proposed project would redevelop the site with greater overall building
density, mass, and height, including the development of a five-story structure where two two-
story buildings are located. The proposed project would be visible from Douglas Avenue,
adjacent properties, Primrose Avenue, Califomia Drive, City Hall, and surrounding
neighborhood streets.
Patrick Miller of 2M Associates will prepare up to two Photo simulations of the proposed
development from vantage points determined in consultation with the City. The visual
simulations wili include before and after photos of the Proiec! using the site plan, elevations
and Sdimensional illustrations provided by the project architect. An additional two photo
simulations will be developed and presented for a "reduced intensity" Proiect altemative.
Additional information on the scope of the aesthetics analysis is provided above.
Air Quality. Construction of the proposed project would be expected to Senerate short-term
construction related emissions from earthmoving operations and from construction equiPment.
Panorama will quantify the projected generation of airbome emissions during construction
based on standard generation rates developed by the Bay Area Air Quality Management
District (BAAQMD). Panorama will identify mitigation measures to reduce construction related
emissions to the extent feasible within the context of current technology.
The proposed project would be expected to alter the project site's current generation of airbome
emissions due to changed traffic generation and movements. Panorama will quantify the net
change in airbome emissions that would result from project implementation in excess of the
I 128 ond I 132 Douglos Avenue . Februory25,2015, Revised Moy 13,2015
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Ponoromo Proposol lo Prepore on EIR
I128 ond I132 Douglos Avenue
City ol Eudingome
emissions generated under the current site use. The basis for the analysis will be a combination
of trip generation rates identified in a traffic study to be prepared by Omni-Means and emission
rates and impact thresholds identified by the BAAQMD. Air pollutant emissions modeling is
not anticipated for this task.
Biological Resources. The biological resources of concem are expected to be the existing oak
and redwood trees at the proiect site and the large oak at 524 Oak Grove where the historic
house will be relocated. Measures will be proposed to insure the ongoing protection and health
of these tlvo significant hees.
Cultural Resources. The cultural resources analysis will focus on the evaluation of the affected
properties as historic resources. Mr. Brandi will prepare a Historic Resources Technical Report.
Mr. Brandi will peer review existing historic resources reports related to the properties (Page &
Tumbull and Carey & Co.) and the findings will be used to define the existing sefting. The
effects to the properties will be described and mitigation measures will be identified to reduce
or avoid significant impacts, iI possible.
Geology, Soils, and Seismicity. Panorarna will evaluate the proposed project's potential
impacts in the areas of geology, soils, and seismicity at a general level, using the applicant's
geotechnical report as an initial resource (if available). The project site is located on alluvial
sediments. A high water table may be an issue for the underground garage. The existing
geologic conditions would be evaluated for potential geologic hazards. The evaluation will be
expected to establish mitigation measures designed to ensure the project design would reflect
analysis of the site-specific geologic characteristics, with attenfion to the seismic setting of the
Bay Area.
Hazards and Hazardous Materials. Prior uses of the site may have included the use and/or
accidental spill of hazardous materials on the site's soils. Panorama will review the Phase I Site
Assessment prepared on behalf of the applicant and utilize the information included in that
Assessment to prepare the analysis of hazards and hazardous materials associated with the
proposed project.
Hydrology and Water Quality. The proposed project has the potential to change the site's
contribution to downstream flows from impervious surfaces and downstream water quality
due to pollutants in urban runoff. Depth to groundwater may be a concem. Panorama will
quantify the proposed project's impervious surfaces, based on the project architect's or
engineer's calculations, examine areas of potential water quality degradation, and develop
mitigation measures to ensure compliance with applicable water quality standards and City
requirements.
Land Use and Planning. The proposed project would introduce a more intensive development
to the project site than currently exists. The project will require variances and a conditional use
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Ponoromo Proposol lo PIepoIe on EIR
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permit. Panorama will evaluate the proposed project's conformance with applicable provisions
of the General Plan and Zoning Ordinances within the context of the CEQA Checklist.
Noise. The proposed project would include demolition and construction in a residential
neighborhood. Panorama will conduct a qualitative evaluation of the existing and projected
noise environment and the proposed project's compatibility with that environment. Noise
modeling will not be conducted for this task. As necessary mitigation measures will be
developed to ensure conformance with established noise standards, including noise during
construction of the project.
Population and Housing. The proposed project would introduce permanent populatioo
housing units, and employment to the site. The proposed project would introduce 29 residential
apartment units, resulting in an incremental increase in the City's population. Compared to the
City's existhg population, the incremental increase is notbe expected to be significant.
Panorama will determine if the increase in population and housing are consistent with the
City's General Pl an, the Downtown Specifc Plan, and housing goals.
Public Services. The proposed project would change the site's current demand for public
services, including fire and police protection, and potentially demand for schools and parks.
Panorama will evaluate the net change in the demand for public services based on standard
generation rates as may be established by the service providers.
Recreation. The introduction of 29 aparhnent units to the project site would not likely result in a
substantial increase in the demand for recreational facilities. This topic may be focused out of
the EIR.
Traffic and Transportation. Omni-Means will prepare a traffic study of the ProPosed project.
The study will focus on potential traffic impacts on area streets and on site access, circulation,
and parking. That study will form the basis for the EIR's Transportation and Traffic analysis.
The scope of work does not include intersection capacity and operations analyses, due to the
relatively low volumes of traIfic anticipated from the development and the nature of the
surrounding street system.
Utilities and Service Systems. The proposed project would increase the current demand for
utilities and service systems at the site. Panorama will determine the net change across the
range of systems and servicet including wastewater collection and treatmenL water supply and
delivery, storm water drainage and solid waste disposal to determine if the net change would
result in a potentially significant impact on system operators and service providers. If any
systems are determined to be significantly impacted, mitigation measures will be proposed to
address the impacts.
I128 ond I132 Douglos Avenue. Februory 25,2015, Revhed Moy 13,2015
2-9
Section 4. Altemolives lo the Ploposed Projecl
The altematives section will address altematives to the proposed project that would avoid
significant effects and still meet the basic objectives of the proposed project. Altematives might
include a project building with fewer stories or less mast and an alternative historic building
relocation site. CEQA requires identification of a No Proiect Alternative and an
Environmentally Preferred Alternative as part of this analysis. The effects of the altematives
will be addressed in comparison to the ProPosed Prorect.
Section 5. Cumulolive lmpocts ond Olher CEQA Considerotions
CEQA requires that an EIR discuss cumulative impacts of a Proiect when the Proiect's
incremental effect is cumulatively considerable, as defined in 14 CCR section 15130. Where a
lead agency is examining a project with an incremental effect that is not "cumulatively
considerable," a lead agency need not consider that effect significant, but shall briefly describe
its basis for concluding that the incremental effect is not cumulatively considerable. Section 5
will address the cumulative impacts of the proposed project when combined with a list of Past
present, and future projects.
Section 6. Reporl Preporolion
The Report Preparation section of the EIR will list the preparers of the EIR, the public agencies
that were consulted, and the members of the public involved in the EIR process.
Section 7. References
The References section will list the sources of information used in the preparation of the EIR
Deliaerubles: Electronic Administrative Draft EIR and 5 hard copies
Tosk 3.2 Prepore Check Droft EIR
Panorama will address and incorporate City comments on the Administrative DraIt EIR and
prepare the Check Draft for City review. The Check Draft will include the Mitigation
Monitoring and Reporting Plan (MMRP) for the project. The MMRP will be included as an
appendix.
Deliaenbles: One electronic copy and one hard copy of the Check Draft EIR
Tosk 3.3. Prepore Dlotl EIR ond Nolices
Panorama will incorporate City comments on the Check Draft and produce the Draft EIR for
public review.
Panorama will draft the required CEQA notices, including the Notice of Completion and Notice
of Availability. we assume the City will distribute the notices to the office of Planning and
Research (oPR), affected agencies, affected individuals, and post the notice of availability with
the County Clerk.
Delizterables: 25 copies of Draft EIR and 15 CDs
1128 ond I132 Douglos Avenue . Februory 25.2015, Revised Moy 13, 2015
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Ponoromo Proposol lo PIepoIe on EIR
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Cily of Burlingome
Ponoromo Proposol lo Prepore on EIR
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Tosk 4.1 Prepore Responses lo Commenls
Panorama will review comments received on the Draft EIR and Prepare a list of commenters
and their affiliation. Panorama will give each lefter an alpha designation and each individual
comment will receive an alpha-numeric designation. The comments will be reviewed to
determine if any changes need to be made to the Draft EIR. Master responses will be prepared
for multiple similar comments to avoid repetition (if warranted). Each substantive comment
will receive a response.
Delioerubles:5 copies of Response to Comments
Tosk 4.2 Prepore Adminislrolive tinol EIR
The Administrative Final EIR will include the Introduction, Comments and ResPonses (with
City comments incorporated), and the Errata section. The Errata section will identify any
necessary changes to the EIR. The Draft EIR will not be rePrinted in the Final EIR.
Delioerubles:5 copies of Administrative Final EIR
Iosk 4.3 Prepore Check f inol EIR
Panorama will incorporate City comments on the Administrative Final EIR and prepare a Check
Final EIR.
Delioerubles: One electronic copy and one hard copy of the Check Final EIR
Tosk 4.4 Prepore Finol EIR
Panorama will incorporate comments on the Check Final EIR and prepare the Final EIR for
distribution.
Deliaerubles:2ihard copies and one electronic coPy of Final EIR
Iosk 4.5 Prepore Drotl Findings or Slolemenl of Overriding Conside.otions (Optionol)
If requested, Panorama will prepare Draft Findings or a Draft Statement of Overriding
Considerations if all significant impacts cannot be mitigated to levels below significance.
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2-11
IASK 4 PREPARE FINAT EIR
The Final EIR will consist of an Introductiory a list of agencies and entities that commented on
the Draft EIR, Comments and Responses, and Errata. The Introduction will summarize the
proposed project and the environmental review process. The Comments and Responses section
will include the comment letters followed by resPonses.
Ponoromo Proposol to Prepore on EIR
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City of Burlingome
IASK 5 ATTEND PUBLIC MEETINGS AND CONDUCT CONSULTATION
Curtis Williams and an environmental analyst will attend five public meetings for the proiect:
1. Project initiation with the Planning Commission
2. Public Scoping Meeting
3. Meeting on the Draft EIR
4. Meeting on the Final EIR with the Planning Commission
5. Meeting on the Final EIR with the City Council
Panorama will provide summary meeting notes for each meeting. The budget includes 12 hours
for regular communication with the City. Additional meetings will be attended on a time-and-
materials basis at the specified rate. Patrick Miller (aesthetics), Peter Galloway (traffic), and
Richard Brandi (historic architecture) would be available to attend meetings if warranted by the
level of comments or if requested by the City.
3 PANORAMA TEAM
The Panorama team will be led by Curtis Williams, AICP. Curtis will direct Kimi Worrell and
Leo Mena, who will prepare certain sections of the EIR. Laurie Hietter will serve as overseeing
principal.
The Panorama team will also include technical specialists to address key issues, including:
. Patrick Miller, 2M Associates -Aestheticso Peter Galloway, Omni Means-TraIfic and Transportation
. Richard Brandi-Historic Architecture
Resumes of team members are provided in Appendix A. The need for an arborist will be
determined in consultation with the City.
4 PROPOSED BUDGET AND SCHEDULE
BUDGET
The proposed budget is shown in the table below
ll28 ond I I32 Douglos Ayenue . Fe_buory 25,2015, Revised Moy 13,2015
Toble 2: Summory Budgel
Ponoromo Lobor
Ponoromo Proposol lo Prepore on EIR
I '128 ond 1 132 Douglos Avenue
City o, Burlingome
$9.680 $3.570 $47.9s0 $30,600 $26.910 $t 15.150
Iosk I
Projecl
lnilialion/NO
P
Iosk 3
Prepoie
tinol EIR
Tosk 4
Meeling
s
Tolol
Ponoromo Expenses $24 $95r $r,268 $r20 $2.363
Sublolol Ponoromo
[obor ond Expenses
s9,704 93,570 s48.88r s3r,868 527,060 Sr r7.513
2M-Aeslhetics $ r 2.100
Arborisl $3,300
Brondi-Hisloric $r 5.9s0
OmnLMeons-
Troffic
$5,89s
Sublolol
subconlroclors
s37 ,245 s37.24s
Tolol s9,704 s40,8rs s48.88r 93r,868 527.060 S!s8.s28
This budget is based on the assumptions listed below. Deviations from these assumptions may
increase the scope and budget.
1. The proiect will not change from that described above and in the provided
documentation; additional scope and budget may be required for project changes
2. The applicant and City will respond to data requests within 7 days
3. The Draft EIR will require up to 10 graphics and will be approximately 125 pages
4. Panorama will consult with the City Traffic Engineer regarding effects to traffic
5. The addition of 29 residential dwellings will not result in a substantial increase in traffic
and no traffic study is required
5. The site is previously disturbed and developed and will not require biological surveys
7. An arborist's report is available addressing the significant oak and redwood trees and
the City Arborist will provide further input as needed
8. City comments on administrative drafts will be consolidated into one document
9. There will be no new issues raised in the public comments
10. Panorama will provide:
- 5 hard copies of the Adrnin Draft EI& with an electronic copy in Word for editing
- 3 hard copies of the Check Draft, with an electronic copy showing tracked changes
and one clean copy
- 25 hard copies of the Draft EIR
- 25 copies of the Final EIR docurnent
- 5 hard copies of the Final EIR
11. Additional meetings and copies will be provided at additional cost
I128 ond I132 Douglos Avenue o Februory 25,2015, Revised Moy 13,2015
4-! 3
Iosk 2
Condu
cl
Sludies
Iosk 3
Prepore
Drott
EIR
Ponoromo Proposol lo Plepore on EIR
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City ol Eurlingome
12. The City will prepare Findings or Statement of Overriding Considerations. Panorama
can prepare this document at additional cost.
SCHEDUTE
The proposed schedule is shown below. The schedule assumes that the City will review
administrative drafts in 21 days and check dra{ts in 5 days. Panorama will work with the City to
refine the s&edule.
Project lnitiotion Morch 10, 201 50
Durolion in
Dqys DoieTosk
Publish NOP ond lnitiol Sludy 30 April 10,2015
Scoping Meeting Ap 29,2015
Close of Scoping Period 30 Moy 10, 2015
Submit Administrotive Droft EIR 90
21 July l, 2015
Submit Check Droft EIR t4 July I 5. 2015
City Completes Review of Check Drofl July 20, 2015
Publish Droft EIR 7 July 27 ,2O15
Public Meeling on Drofl EIR (Plonning Commission)August 24, 2015
Close of Public Review 45 Seplember 10,2015
Submit Admin Finol EIR 21 October l, 20l5
City Compleles Review of Admin Finol EIR 21 October 21, 2015
Submil Check Finol EIR 14 November 4, 2015
City Review of check Finol 7 November I l. 201 5
Publish Finol EIR 7 November 17, 2015
Plonning Commission Meeting
Cily Council Meeting December 7, 2015
I128 ond ll32 Douglos Avenue. Februory25,20l5, Revised Moy 13,2015
4-l4
June 10,2015
Cily Completes Review of Admin Droft
5
November 23. 2015
I
Contractor shall procure and maintain for the duration ofthe contract inswance against claims for injuries
to persons or damages to property which may arise from or in connection with the performance of the
work hereunder and the results of that work by the Contractor, his agents, representatives, employees or
subcontractors.
Minimum Scope of Insurance Coverage shall be at least as broad as:
l. Commercial Generel Liability (CGL): Insurance Services Office (ISO) Form CG 00 0l 12 04
covering CGL on an "occurrence" basis, including products-completed operalions, personal &
advertising injury, with limits no less than $1,000,0fl) per occutrence. If a general aggregate limit
applies, either the general aggregate limit shall apply separately to this project{ocation or the
general aggregate limit shall be $2,000,000.
2. Automobile Liability: ISO Form Number CA 00 0l covering any auto (Code l), or if
Contractor has no owned autos, hired, (Code 8) and non-ollned autos (Code 9), with limit no less
than $1,000,000 per accident for bodily injury and property damage.
3. Workers' Compensation insurance as required by the State of Califomia, with Statutory Limits,
and Employer's Liability lnsurance with limit ofno less than $1,000,000 per accident for bodily
injury or disease.
4. Professional Liability (Erors and Omissions) Insurance appropriate to the Contractor's
profession, with limit no less than $1,000,000 per occurrence or claim, 52,000,000 aggregate.
If the contractor maintains higher limits than the minimums shown above, the City requires and shall be
entitled to coverage for the higher limits maintained by the contractor.
Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
A ddirtonal I ns ured Statu s
The City, its officers, officials, employees, and volunteers are to be covered as insureds on the auto
policy with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on
behalf of the contractor and on the general liability policy with resp€ct to liability arising out of work or
operations performed by or on behalf of the Contractor including materials, parts or equipment fumished
in cornection with such work or operations. General liability coverage can be provided in the form of an
endorsement to the Contractor's insurance (at least as broad as ISO Form CG 20 10, I I 85 or both CG 20
l0 and CG 20 37 forms if later revisions used).
Exhibit B
INSURANCE REOUIREMENTS
Primary Coverage
For any claims related to this contract, the Contractor's insurance coverage shall be primary insurance
as respects the City, its offrcers, officials, ernployees, and volunteers. Ary irsurance or self-insurance
maintained by the City, its officers, ofhcials, employees, or volunteers shall be excess of the Contractor's
insurance and shall not contribute with it.
Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except after
thirty (30) days' prior written notice ( l0 days for non-payment) has been given to the City.
llaiver of Submgation
Contractor hereby gants to City a waiver of any right to subrogation which any insurer of said Contractor
may acquire against the Cify by virtue of the payment of any loss under such insurance. Contractor
agrees to obtain any endorsement that may be necessary to effect this waiver of subrogation, but this
provision applies regardless of whether or not the City has received a waiver of subrogation endorsement
from the insurer.
Deductibles and Self-Insured Retenrtons
Any deductibles or self-insured retentions must be declared to and approved by the City. The City may
require the Contractor to purchase coverage with a lower deductible or retention or provide proof of
ability to pay losses and related investigations, claim administr-ation, and defense expenses within the
retention.
Acceptability of Insu ren
lnsurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless
otherwise acceptable to the City.
l. The Retroactive Date must be shown, and must be before the date of the contract or the
beginning of contract work.
2. lnsurance must be maintained and evidence of insurance must be provided for at least five (5)
yeorc after completion o;f the contracl of worlc
3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form
with a Retroactive Date prior to the contract effective date, the Contractor must purchase
"extended reporting" coverage for a minimtm of Jive (5) years after completion ofwork.
Special Risks or Circumslsnces
City reserves the right to modify these requirements, including limits, based on the nature of the risk,
prior experience, insurer, coverage, or other special circumstances.
Claims Made Policies (note - should be applicable only to professionol liability, see below)
If any ofthe required policies provide claims-made coverage:
VeriJic atio n of Coverage
Contractor shall fumish the City with original certificates and amendatory endorsements or copies ofthe
applicable policy language effecting coverage required by this clause. All certificates and endorsements
are to be received and approved by the City before work commences. However, failure to obtain the
required documents prior to the work beginning shall not waive the Contractor's obligation to provide
them. The City reserves the right to require complete, certified copies of all required insurance policies,
including endorsements required by these specifications, at any time.
AMENDMENT NO. 1
TO AGREEMENT FOR PROFESSIONAL SERVICES
BETWEEN TIIE CITY OF BURLINGAME
AND PANORAMA ENVIRONMENTAL, INC. FOR
ENVIRONMENTAL REVIEW SERVICES RELATED TO
TIIE MULTI-FAMILY DEVELOPMENT PROJECT AT 1128-1132 DOUGLAS AVENUE
AND 524 OAK GROVE AVENUE
THIS AMENDMENT NO. I is by and between Panorama Environmental, lnc.
("Consultant"), engaged in providing environmental review services related to the Douglas Avenue
Multi-family Development Project, and the City of Burlingame, a public body of the State of
Califomia ("City"), amends the Agreement between the parties datedMay 29,2015, hereinafter
called the "Agreement".
R-ECITALS
WIIEREAS, the City has determined that additional work and time is required to complete
the environmental review of the Douglas Avenue Multi-family Development Project and has
requested that the Consultant perform additional services beyond the scope ofthe Agreement; and
WHEREAS, the Consultant has prepared a request for additional fees to cover the cost of
the requested services as outlined in the attached Contract Amendment Request No. 1 for the
Douglas Avenue Multi-family Development Project.
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
The Consultant shall provide the additional services requested by the City as outlined
in the attached Contract Amendment Request No 1 to the Agreement for
Environmental Review Services dated May 29, 2015.
2
-)
4
The additional cost shall not exceed $17,563.60, to be invoiced as the work occurs,
for a total compensation not to exceed $175,891.60'
The Agreement terminates on December 30, 2016, unless otherwise extended or
terminated pursuant to the provisions in the Agreement.
Except as expressly amended in this Amendment No. 1, all other terms and
conditions contained in the Agreement shall remain in fuIl force and effect.
Amendment No. I to Agreement for Professional Services between Panorama Environmental, Inc.
and the City of Burlingame
IN WITNESS WHEREOF, Consultant and City execute this Amendment No. 1 to the
Agreement.
CITYOF BURLINGAME
501 Primrose Road
Burlingame, CA 94010
CONSULTANT
Panorama Environmental, Ilc.
One Embarcadero Center, Suite 740
San Francisco, CA 941 I I
By:
Tania Treis
Principal
Date
Federal Employer ID Number:
By:
Lisa Goldman
City Manager
Date
Attest:
Meaghan Hassel-Shearer
City Clerk
2
PAN{IRAMA
ENVIRONMENTAL, INC
Mr- Ruben Hurin
Senior Planner
City of Burlingame Community Development
501 Primrose Road
Burlingame, CA 94010
Reference: City of Burlingame Purchase Order 12684
Subject:Scope and Budget for Additional Tasks
Douglas Avenue Multi-Family Residential Project
Dear Mr. Hurin,
As discussed at the meeting on September 2,2075, the addition of a third altemative and the
need for a Health Risk Assessment will result in new tasks to our current scope of work. These
additional tasks are described below.
SCOPE OF WORK
The proposed scope of work and associated budget are outlined below by contract task number.
One Emborcodero Center, Suite 740 Son Froncisco, CA 9411I 650-373-1200
www.ponoromoenv.com
September 16, 2015
Tosk 3: Conducl Studies of Key lssues
Additionol Visuol Simulollons
Our original scope included preparing two (2) photo-simulations for 949 reduced intensity
project design altemative.
The City determined at our meeting on September 2, 2015 that a second reduced intensity
project design altemative is needed.
Scope for Additional Visual Simulations
2M Associates will develop two (2) photo-simulations of the proposed apartment building
under the second reduced intensity project design altemative from the same key observation
points that were selected in consultation with City staff. The photo-simulations will include
before and after images using industry standards. Simulations will be based on the site plans
and elevations for the second reduced intensity project altemative that will be provided by the
Applicant. Panorama will review and comment on the simulations prior to incorporating into
the EIR.
Mr. Ruben Hurin
September 16, 2015
Poge 2
Heollh Risk Assessmenl
The original scope indicated that air pollutant emissions modeling was not anticipated for this
task. Panorama assumed that we could build our analysis on Prior studies done for larger
projects in the vicinity of the projects, which found that air pollutant emissions were less than
significant. For example, the Carolan Avenue8ollins Road Residential Development Proiect
Health Risk Assessment (HRA) found that despite that project being located between the
Caltrain kacks and Highway 101, air pollutant impacts were less than significant with
mitigation.
During our analysis it became clear that it would be prudent to prepare a health risk assessment
that addresses the impact on the proposed project from sources of air pollutants, as well as the
impact from the project on neighboring sensitive receptors, because:
a. The City used the Bay Area Air Quality Management District's (BAAQMD) 2011 CEQA
Guidelines for preparing the Health Risk Assessment for the Carolan Avenue/Rollins
Road Residential Development Project, which includes thresholds for toxic air
pollutants;
b. The 524 Oak Grove Avenue proiect site is aPProximately 300 feet downwind from
Highway 101;
c. The 112&1132 Douglas Avenue project site is aPProximately 580 feet from the Caltrain
tracks and 350 feet from Califomia Drive;
d. The 1128-1132 Douglas Avenue project site is surrounded by residential buildings that
are considered sensitive receptors;
a. Comments on the Notice of Preparation specifically requested a discussion of health
risks; and
b. The proposed project is controversial.
Scope for the Health Risk Assessment (HRA)
Exposures of nearby sensitive receptors, such as the local residential areas, to toxic air
contaminants (TACs) from Project construction will be estimated by using the SCREEN3 model
Exposures of future Project site residents to TACs from influential local sources will be
estimated by the application of BAAQMD screening tables/models to the cumulative stationary
and mobile TAC sources identified by the BAAQMD within 1,000 feet of the Project site. The
additional health risk hom Caltrain operations will be estimated by use of the CAL3QHCR
model and included in the cumulative total.
The significance of all identified impacts will be evaluated using the criteria developed by the
BAAQMD for constructiory ProjectJevel, and cumulative TAC exPosures. Strategies for
mitigating any identified significant impacts will be based on those specified in the BAAQMD
Guidelines, including Out not limited to):
o Controls on construction equipment and activities;
o Phasin&Aimiting construction activity so that local exposure to TACs is minimized; and
o Providing adequate ventilation/air filtration for the Project residents.
Mr. Ruben Hurin
September 16, 201 5
Poge 3
The goal for the application of such mitigation strategies would be the reduction of any
identified Project or cumulative TAC impact to levels below the significance criteria identified
in the BAAQMD Guidelines.
Screening HRA findings to be included in the Proiect EIR will be summarized in a
memorandum with a technical appendix including model inputs and health risk calculations.
Panorama will review and comrnent on the memorandum prior to submitting to the City.
Toble I Proposed Budget lor Additionol Visuol Simulotions ond HRA
2M Associotes, lnc.$r.650.00
te Environmentol Mono ent, lnc..553.60
Principol Plonner $r75.00 2 $3s0
Plonner lll $r 65.00 r0 $i .6s0
Iolol 12 sr2,203.60
Tosk 3.1: Prepore Adminisllolive Drotl EIR
Seclion 3, Environmenlol Anolysis
Scope of Work
Additional Project Alternative: Panorama will work with the City and the APPlicant to
develop an additional alternative to the proposed prolect. Using the visual simulations
prepared in the additional task above, Panorama will describe and analyze the difference
between the existing visual quality using the baseline photo and this new altemative, to
determine the degree to which this altemative will reduce the significant impacts of the
proposed project. As required by CEQA, Panorama will also briefly analyze all the other
impacts of this altemative. This altemafive will be compared to the proPosed Proiect and the
other project altematives, including the no proiect altemative, in the Altematives chapter of the
EIR.
HRA: Panorama will incorporate the findings of the HRA into the Air Quality section of the
Additionol lobor Hours for Tosk 3.1
$r,4008PrincipolPlqnner$r 75.00
Plonner lll $r6s.00 24 $3.?60
Tolql 32 s5.360
OVERA[[ BUDGET CHANGE
This Amendment will increase the contract budget by $12563.60 for a new total contract
amount of $175,891.60.
Cosl tincludes 1 0% lee)subconlrocloa
TolalNo. of HoutsLcbor Cstegory
Tolollabor Colegory
EIR.
Ioble 2
iole ilo. ol Houts
Role
Mr. Ruben Hurin
Seplember 16, 2015
Poge 4
Toble 3 Summory of Budgel Modificolion
Originol Budgel $ r 58,328.00
Budget for New Tosks $r 7,s63.60
New Budget Tolol s175,89r.60
Please contact Reema Mahamood (650.487.6548) or Curtis Williams (650.207.2337) if yotrhave
any questions. Thank you.
Sincerelp
Laurie Hietter
Principal
Change Order Authorized
City of Burlingame Date
Totol
AGENDANO: 9a
MEETING DATE: April 4, 2016
To:Honorable Mayor and City Council
Date: April 4,2016
From:Syed Murtuza, Director of Public Works - (650) 558-7230
Kathleen Kane, City Attorney - (650) 558-7204
Subject:Public Hearing to lntroduce an Ordinance Amending Chapter '13.36.020 of
the Burlingame Municipal Code to Establish 'No Parking' Restriction from
5:00 P.M. to 7:00 P.M., Monday Through Friday, Along the West Side of the
'1700 block of California Drive
Staff recommends that the City Council hold a Public Hearing to introduce the attached ordinance
amending Chapter 13.36.020 of the Burlingame Municipal Code to establish a 'No parking'
restriction from 5:00 P.M. to 7:00 P.M., Monday through Friday, along the west side of the 1700
block of California Drive, by:
"l . Requesting that the City Clerk read the title of the attached ordinance.
2. By motion, waiving further reading and introducing the proposed ordinance.
3. Conducting a public hearing on the proposed ordinance.
4. Discussing the proposed ordinance and determining whether to bring it back for second
reading and adoption.
5. Directing the City Clerk to publish a summary of the ordinance at least five days before
proposed adoption.
The bicycling community has requested improvements to address bicycle safety concerns along
the California Drive corridor north of Broadway. To address some of their concerns, the City has
installed safety improvements including the installation of driver feedback signs, additional
signage, as well as shared-lane markings in both directions (sharrows). Although these
improvements have made positive impacts in terms of motorists' awareness of their speed and
the presence of bicyclists on the roadway, there are still concerns about existing limited road
width for bicyclists' safety. After studying the matter, staff determined that a limited parking
restriction along the 1700 block of California Drive during the evening peak hours would address
bicyclists' concerns and would improve safety.
Last year, staff had several meetings with members of the bicycling community and the residents
on the 1700 block of California Drive about potential impacts of restricted parking. The bicyclists
cited concerns including: vehicle speeds and volume, a lack of a dedicated bicycle lane, the
narrow roadway width when vehicles are parked, and the increase in the number of bicyclists
1
STAFF REPORT
RECOMMENDATION
BACKGROUND
Ordinance lntroduction for Pa*ing Restictions on
the 1700 block of Califomia Drive
Apfl 1, 2016
using this route. The residents voiced concerns over the need for flexible parking options due to
limited on-site space, and the potential for increased speeds in the absence of the on-street
parking. There are a total of six on-street parking spaces that will be affected by the proposed
'No Parking' restriction.
The matter was discussed by the Traffic Safety and Parking Commission (TSPC) at its regular
meeting on February 11, 2016, which was attended by the residents of the 1700 block of
California Drive and members of the bicycling community. After seeking public input and
conducting exlensive deliberations, the TSPC unanimously recommend a limited parking
restriction on the west side of the 1700 block of Califomia Drive from 5.00 p.m. to 7.00 p.m.
Based on engineering analysis, public input, and recommendation from the TSPC, staff is
requesting that the City Council introduce the attached ordinance to implement a limited parking
restriction during the p.m. peak period to address bicyclists' concerns as a short{erm solution.
This change would provide additional roadway width and relief for southbound bicyclists during
the 5:00 p.m. to 7:00 p.m. peak period, Monday through Friday. This time period corresponds to
the vehicle peak period where most potential conflicts could occur. Recent bike counts have
confirmed that the majority of bicyclists are northbound along California Drive during the a.m.
peak period, while these same bicyclists are returning southbound during the p.m. peak period.
Restricting the parking, rather than eliminating the on-street parking altogether for the residents,
is a compromise to maintain some on-street parking, while improving safety for bicyclists. Staff
views this as a short-term improvement while the City undergoes a feasibility study to determine a
dedicated bicycle facility along California Drive. The recommendation to restrict parking only
during the p.m. peak hours makes a provision for residents who park on-street during the
weekday evenings, to be able to park their vehicles overnight, without the worry of moving them
again in the morning.
There will be costs and staff time involved in the installation of parking restriction and turn
restriction signage. These costs will be covered by Department's operation budget.
Exhibits:
. Ordinance
. Draft Revised Chapter 13.36.020
. Location Map
2
DISCUSSION
FISCAL IMPACT
oRDtNANCE NO._
AN ORDINANCE OF THE CITY OF BURLINGAME
AMENDING CHAPTER 13.36.020 OF THE BURL]NGAME MUNICIPAL CODE TO
ESTABLISH A'NO PARKING'RESTRICTION FROM 5:00 P.M. TO 7:00 P.M.,
MONDAY THROUGH FRIDAY, ALONG THE WEST SIDE OF THE ITOO BLOCK OF
CALIFORNIA DRIVE BETWEEN TROUSDALE DRIVE AND DUFFERIN AVENUE
The CITY COUNCIL of the CITY OF BURLINGAME does hereby ordain as fottows:
Section 1.Factual Background and Findings
WHEREAS, the City has received requests from bicyclists who ride along
California Drive regarding their safety concerns due to the narrow roadway, and lack of a
dedicated bicycle facility; and
WHEREAS, the west side of the 1700 block of California Drive, between
Trousdale Drive and Dufferin Avenue, currently has no parking restrictions;
WHEREAS, Public Works Department staff studied the bicycle safety concerns
and determined that a parking restriction along the '1700 block of california Drive will
improve bicycle safety and address concerns; and
WHEREAS, on February '11, 2016, the Traffic Safety and parking Commission
(TSPC) discussed this matter and obtained input from the residents of the '1700 block of
california Drive and bicyclists present at the meeting; and at the conclusion of the
meeting, the TSPC unanimously recommended the on-street parking restriction from
5:00 p.m. to 7:00 p.m., Monday through Friday along the above mentioned section of
California Drive.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BURLINGAME DOES
ORDAIN AS FOLLOWS:
Section 2. The City Council hereby amends the 'Chapter 13.36.020 No parking
during specified hours' of the Burlingame Municipal Code as follows:
Section (5) of Chapter 13.36.020 shall be amended to read as follows:
"California Drive, west side from Juanita Avenue to Broadway between
7:00 a.m. and 9:00 a.m., and between 4:00 p.m. and 6:00 p.m; west side
from Trousdale Drive to Dufferin Avenue, between 5:00 p.m. and 7:00
p.m., Monday through Friday''
Section 3 The Public Works Director is hereby directed to install required parking
signs and to take all other necessary actions to implement this parking
restrictlon along the 1700 block of Califomia Drive, between Trousdale
Drive and Dufferin Avenue.
Section 4.The City Clerk is directed to publish this ordinance in the manner required
by law.
Ann Keighran, Mayor
l, Meaghan Hassel-Shearer, City Clerk of the City of Burlingame, do
hereby certify that the foregoing ordinance was introduced at a public hearing conducted
at a regular meeting of the City Council held on the 4rh day of April, 2016, and adopted
thereafter at a regular meeting of the City Council held on the 18b day of April, 20,l6, by
the following vote:
AYES:
NOES:
ABSENT:
Councilmembers:
Councilmembers:
Councilmembers:
Meaghan Hassel-Shearer, City Clerk
13.36.020 No parking during specified hours.
It shall be unlawful for the operator of any vehicle to park the vehicle on the following streets on the
designated hours and days:
(1) Adrian Road, east side between 8:00 a.m. and 6:00 p.m., Sundays and holidays excepted;
(2) Airport Boulevard, east side, from Beach Road to Fisherman's Park, between 1O:OO p.m. and G:00
a.m.;
(3) Broadway, both sides from El Camino Real to California Drive,4:OO a.m. to 6:00 a.m., Sundays
and holidays excepted, unless otherwise prohibited or limited;
(5) California Drive, west side from Juanita Avenue to Broadway between 7:OO a.m. and 9:OO a.m.,
and between 4:00 p.m. and 6:00 p.m .; west side from Trcusdale Dive to Dulte n Avenue between 5:(n
p.m. ond 7:O0 p.m., Monday through Fridoy;
(6) Carmelita Avenue, south side, from California Drive to El Camino Real, between 7:OO a.m. and
9:00 a.m.; north side, from California Drive to El Camino Real, between 4:00 p.m. and 5:OO p.m.;
(7) carolan Avenue, east side, from Burlingame Avenue to oak Grove Avenue between 3:oo p.m.
and 6:00 p.m.; east side between Broadway and a point two hundred twenty-five (22s) feet southerly
from the southeasterly right-of-way line of Broadway from 8:00 a.m. to 9:OO a.m.; west side from
Sanchez Creek to the centerline of Larkspur Drive from 10:00 p.m. to 7:00 a.m.;
(8) El Camino Real West Service Road from Trousdale to Murchison from 2:OO a.m. to 6:00 a.m.;
(9) Gilbreth Road, both sides, from Cowan Road to Mahler Road, between 10:OO p.m. and 6:00 a.m.;
(10) Howard Avenue, north side, from El Camino Real to Crescent Avenue, between 8:00 a.m. and
6:00 p.m., Sundays and holidays excepted;
(11) Peninsula Avenue, north side from the 50uthern pacific riBht-of-way to Humboldt Street,
between 8:00 a.m. and 6:00 p.m., Sundays and holidays excepted;
(12) Rhinette Avenue, south side, between 9:OO a.m. and 6:00 p.m., Sundays and holidays excepted;
and
(13) Rollins Road, west side from North Carolan Avenue to Broadway from 4:00 p.m. to 6:00 p.m.
(ord. 1136 I7, (1978); ord. 1168 S 1, (1980); ord. 1187 I 1, (1980); ord. 1283 g 3, (198a); ord. 1323 I2,
DRAFT REVISED CHAPTER 13.36.020 OF THE BURTINGAME MUNICIPAL CODE
(4) Burlingame Avenue, north side, from El Camino Real to Occidental Avenue between 8:00 a.m.
and 6:00 p.m.;
(1986); ord. 1408 5 1, (1990); Ord. 14s1 I2, (1992); Ord. 1554 51, (1996); ord. 1s80 5 3, (1997); ord.
1s85 $ 2,(1998); Ord. 1s97 I2, (1998); Ord. 1511 5 2, (1999); Ord. 1596 5 2, (2002); ord. 773452,
(2004); Ord. 1798 I 3, (2007))
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STAFF REPORT AGENOA NO: 9b
MEETING DATE: Apdl 4, 2016
To:Honorable Mayor and City Council
Date: April 4,2016
From:Syed Murtuza, Director of Public Works - (650) 558-7230
Kathfeen Kane, City Attorney - (650) 558-7204
Subject:Public Hearing to lntroduce an Ordinance Amending Chapter 13.36.040 of
the Burlingame Municipal Code to Establish a 2-Hour Parking Limit on the
1500 Block of Carol Avenue and the 100 Block of East Carol Avenue
RECOMMENDATION
Staff recommends that the City Council hold a Public Hearing to introduce the attached ordinance
amending Chapter 13.36.040 of the Burlingame Municipal Code to establish a 2-hour parking limit
on the 1500 block of Carol Avenue and the 100 block of East Carol Avenue by:
1. Requesting the City Clerk to read the title of the attached ordinance.
2. By motion, waiving further reading and introducing the proposed ordinance.
3. Conducting a public hearing on the proposed ordinance.
4. Discussing the proposed ordinance and determining whether to bring it back for second
reading and adoption.
5. Directing the City Clerk to publish a summary of the ordinance at least five days before
proposed adoption.
The 1500 block of Carol Avenue is located between El Camino Real and Barroilhet Avenue, while
the 100 block of East Carol Avenue is between Carol Avenue and Barroilhet Avenue. The streets
currently have no on-street parking restrictions for either of these blocks.
The residents of Carol Avenue and East Carol Avenue have requested 2-hour parking restrictions
through the City's Residential Permit Parking Program (RPPP) because of problems with daytime
on-street parking by employees from businesses around the Burlingame Avenue downtown area.
Attempts were made by staff to relieve the neighborhood of the non-resident parking, but these
attempts were unsuccessful.
Late last year, a petition was circulated to consider implementing a 2-hour parking limit on both
sides of Carol Avenue and East Carol Avenue. Staff met with the residents to discuss their
concerns and identified the subject streets for consideration of inclusion in the RPPP. Of the 34
homes in the neighborhood, 24 supported approving the parking restriction, which translated into
a 71% support rate.
1
BACKGROUND
DISCUSSION
The Traffic Parking and Safety Commission (TPSC) discussed this matter at their January 24,
20l6 meeting. Residents from Carol Avenue and East Carol Avenue were present to voice their
concerns, support, and objections. After analyzing residents' input and discussing the matter, the
TPSC unanimously voted to support the implementation of a 2-hour parking restriction along
Carol Avenue and East Carol Avenue, concurrent with staffs recommendation. As a result, staff
is requesting that the City Council introduce the attached ordinance amending Chapter 13-36.040
of the Burlingame Municipal Code to implement 2-hour parking restrictions on the subject streets.
Upon City Council approval of the ordinance and installation of lhe parking restriction signage,
residents on Carol Avenue and East Carol Avenue will be eligible for the RPPP. lmplementation
of the RPPP will occur within two weeks after parking restriction signage is installed along the
subject streets.
There will be minor costs and staff time involved in the installation of 2-hour parking signage and
administering the residential parking permit program, which will be absorbed within the
Department's current fiscal year's operation budget.
Exhibits:
o Ordinance
. Draft revised Chapter 13.36.040
. Location Map
Otdinance lntroduction for 2-Hour Pa*ing Resttiction on April l' 2016
Carol Avenue and East Carol Avenue
FISCAL IMPACT
oRDTNANCE NO._
AN ORDINANCE OF THE CITY OF BURLINGAME
AMENOING CHAPTER 13.36.040 OF THE BURLINGAME MUNICIPAL CODE TO
ESTABLISH A TWO.HOUR PARKING LIMIT ON THE I5OO BLOCK OF CAROL
AVENUE AND THE .IOO BLOCK OF EAST CAROL AVENUE
WHEREAS, the 1500 block of Carol Avenue, from El Camino Real to Barroilhet
Avenue, and 100 block of East Carol Avenue, from Carol Avenue to Banoilhet Avenue,
currently have no parking restrictions; and
WHEREAS, on January 14, 2016, the Traffic Safety and Parking Commission
(TSPC) discussed this matter with residents of the 1500 block of Carol Avenue and the
100 block of East Carol Avenue; and
WHEREAS, at the conclusion of the meeting, the TSPC determined that the
parking situation on the 1500 block of Carol Avenue, from El Camino Real to Barroilhet
Avenue, and the 100 block of East Carol Avenue, from Carol Avenue to Barroilhet
Avenue, met the policy requirements to qualify for the Residential Parking Permit
Program (RPPP), with significant support from the residents of those blocks; and
The CITY COUNCIL of the CITY OF BURLINGAME does hereby ordain as follows:
Section'1. Factual Background and Findings.
WHEREAS, the City has received a petition from residents of the 1500 block of
Carol Avenue, from El Camino Real to Barroilhet Avenue, and the 100 block of East
Carol Avenue, from Carol Avenue to Barroilhet Avenue, regarding long{erm daytime
parking problems resulting from downtown employees parking on these streets; and
WHEREAS, the 2-hour parking time-limit restriction is a pre-requisite to the
inclusion of Carol Avenue, from El Camino Real to Banoilhet Avenue, and East Carol
Avenue, from Carol Avenue to Barroilhet Avenue into the RPPP; the addition of the
above portion of Carol Avenue and East Carol Avenue to the RPPP will occur after
Council approval of the ordinance amendment, and after the installation of 2-hour
parking limit signage by the Public Works Department.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BURLINGAME
DOES ORDAIN AS FOLLOWS:
Section 2.'Chapter 13.36.040 Two-hour parking' of the Burlingame Municipal Code
is amended to add new Sub-sections (a) (34) and (35), which shall read
as follows:
'(34) Carol Avenue, both sides, from El Camino Real to Banoilhet
Avenue; and
(35) East Carol Avenue, both sides, from Carol Avenue to Barroilhet
Avenue,"
Section 3.
Section 4.The City Clerk is directed to publish this ordinance in the manner required
by law.
Ann Keighran, Mayor
l, Meaghan Hassel-Shearer, City Clerk of the City of Burlingame, do
hereby certify that the foregoing ordinance was introduced at a public hearing occurred
at a regular meeting of the City Council held on the 4h day of April, 2016, and adopted
thereafter at a regular meeting of the City Council held on the 1 8h day of April, 2016, by
the following vote:
AYES:
NOES:
ABSENT:
Councilmembers:
Councilmembers:
Councilmembers:
Meaghan Hassel-Shearer, City Clerk
The Public Works Director is directed to install parking signs and to take
all other necessary actions to implement this parking restriction change
on Carol Avenue, from El Camino Real to Barroilhet Avenue, and East
Carol Avenue, from Carol Avenue to Banoilhet Avenue-
DRAFT REVISED CHAPTER 13.36.040 OF THE BURLINGAME MUNICIPAL CODE
13.35.040 Two-hour parking.
It is unlawful for the driver of any vehicle to park such vehicle, unless elsewhere in this title otherwise
provided, for a longer period than two (2) hours between the hours designated any day, excepting
Sundays and holidays, upon any part ofthe following streets, or portions ofstreets:
(a) 8:00 a.m. to 6:00 p.m.:
(1) Adrian Road, west side, one hundred fifty-five (155) feet southerly from the southeast end of the
curb return of David Road;
(2) Anita Road, west side, from Peninsula Avenue one hundred and forty-five (145) feet north
toward Bayswater Avenue;
(3) Bayswater Avenue from El Camino Realto Park Road; south side, from California Drive to the
Southern Pacifi c Railroad right-of-way;
(4) Bellevue Avenue, except the south side from Primrose Road to Almer Road;
(5) Burlingame Avenue, from Myrtle to Carolan Avenue; south side from Occidental to El Camino
Real;
(6) California Drive, west side, from Carmelita Avenue to Palm Drive; from Burlingame Avenue to
penlnsula Avenue; from Oak Grove Avenue four hundred (400) feet northwards to 755 California Drive,
except areas designated for thirty (30) minute parking;
(7) Capuchino Avenue from four hundred (400) feet southerly of the centerline of Broadway to
Lincoln Avenue;
(8) Carmelita Avenue, south side, from El Camino Real to chula Vista Avenue;
(9) Carolan Avenue, west side, from Oak Grove Avenue to Burlingame Avenue; east side, from one
hundred (100) feet northerly of Toyon Drive to four hundred sixty (460) feet northerly of Toyon Drive;
and east side, from Cadillac Way to Broadway;
(10) chapin Avenue, from Chapin Lane to El Camino Real;
(11) Chula Vista Avenue from the centerline of Broadway to four hundred ten feet (410) southerly of
the centerline of Broadway;
(12) Douglas Avenue;
(13) East Lane, east side, from Burlingame Avenue to Howard Avenue;
(14) El Camino Real service road between Dufferin Avenue and Murchison Drive;
(15) Howard Avenue, south side, from Crescent Avenue to ElCamino Real and from California Drive
to the Southern Pacific Railroad right-of-way;
(16) Laguna Avenue from two hundred eighty feet (280) southerly to five hundred ten (510) feet
northerly of the centerline of Broadway;
(17) Lorton Avenue, west side, from Bayswater Avenue to Howard Avenue; east side, from Howard
Avenue one hundred twenty (120) feet south toward Bayswater and forty (40) feet north toward
Burlingame Avenue;
(18) Magnolia, west side, from Trousdale Drive to Plaza Lane;
(19) North Carolan Avenue with three (3) parking spaces along the lot front of 1351 North Carolan
Avenue;
(20) Occidental Avenue, from El Camino Realto Ralston Avenue;
(21) Paloma Avenue from three hundred ten (310) feet southerly of the centerline of Broadway to
Lincoln Avenue;
(22) Park Road, except the west side, from Howard Avenue to Bayswater Avenue;
(23) Primrose Road, west side, from Howard Avenue to El Camino Reali
(24) Ralston Avenue, from Occidental Avenue to El Camino Real;
(25) Rollins Road from ninety (90) feet northerly ofToyon Drive to four hundred sixty (450) feet
northerly of Toyon Drive;
(26) south Lane, both sides;
(27) Trousdale Drive, north side, from the curb return ofTrousdale Drive and California Drive to
ninety (90) feet west of said curb return;
(28) Trousdale Drive, south side, from the curb return of Marco Polo Way to forty (40) feet east of
said curb return;
(29) Marco Polo Way, east side, from the curb return ofTrousdale Drive to forty (40) feet south of
said curb return;
(30) Crescent Avenue, both sides, from the curb return of Ralston Avenue to the curb return of
Howard Avenue;
(31) 160O block of Howard Avenue, both sides, from the curb return of Crescent Avenue to the curb
return of Occidental Avenue;
(32) Newlands Avenue, both sides;
(33) Cypress Avenue, both sides, from El Camino Real to twenty (20) feet southerly of the centerllne
of Central Avenue (between the addresses of 1500 and 5141).
(34) Corol Avenue, both sides,lrom El Comino Reolto Barroilhet Avenue; ond
(35) Eost Cdtol Avenue, both sides, from Carol Avenue to Bdfioilhet Avenue,
(b) 9:00 a.m. and 4:00 p.m.:
(1) carmelita Avenue, north side, between Chula Vista Avenue and El Camino Real;
(2) Magnolia Avenue, east side, from three hundred (300) feet north ofthe center line ofTrousdale
Drive to Murchison Drive. (Ord. 1136 5 7, (1978); Ord. 1150 5 1, (1979); Ord. 1195 S 1, (1981); ord. 1200
$3,(1981); ord. t2t29 1, (1931); Ord. 1274 E 1, (1984); Ord. 1283 5 a, (1984); Ord. 1349 55 2,3' lt987ll,
Ord. 1353 5 7, (L987]l Otd. !37L52, (19s8); Ord. 1420I 1, (1990); ord. L414 82, (1991); ord. 7440 I L,
(1991); Ord. !467 g 7, (1992); Ord. 1491 S 1, (1993); Ord. 1496 92, (1994); ord. ts24I7, (199s); ord.
1ss4 9 1, (1996); Ord 1604 I 2, (1998); ord. 1638 5 2, (2000); Ord. !674 5 5' (2001); ord. fiBa, Qo0zl;
ord. 1590 5 3, (2002); Ord. L73453, (2004); Ord. r77L52, (200s); ord. 1804 S 2, (2007); Ord. 1860 S$
2,3, l2ottl; Ord. 1882 S 2, (2013); ord. 1886 5 2, (2013); ord. 1893 5 2, (2013); Ord. 1895 I 2, (2013);
ord. 1904 I 2, (2014))
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I
STAFF REPORT AGENDANO: 10a
MEETING DATE: April 4. 2016
To:Honorable Mayor and City Council
From:
Subject; Adoption of the FY 2016-2017 Goal Setting lmplementation Action Plan
Staff recommends that the City Council adopt the City's FY 2016-2017 lmplementation Action
Plan or provide feedback on changes that should be incorporated.
On Saturday, January 30, 20'16, the City Council held its annual goal-setting session in the Lane
Community Room at the Library. The City Manager, City Attorney, all Department Heads, staff
and approximately two dozen members of the community were in attendance.
After a brief welcome and overview by the City Manager, the City's Department Heads and
Economic Development Specialist provided brief updates of significant successes achieved
during the first half of FY 2015-2016. (Exhibit A)
The City Manager then kicked off a review of the City's "work plan" or lmplementation Action Plan
("lAP") by reiterating the City's five primary goals that were first established during the FY 2013-
2014 goaFsetting session and revised in subsequent years. The City's goals serve to guide the
direction and focus of the City, budget decisions, and resource allocation. As is the case with
goals, they are visionary, aspirational and multiyear in nature.
This segment of the meeting also highlighted the differences among goals, strategies and tasks.
For FY 2015-2016, the City had 34 strategies (measurable methods for achieving the five goals)
and 111 action items (tasks that implement the strategies). All of these items are outlined in the
lmplementation Action Plan (Exhibit B). The IAP also addresses the relative priority and duration
of a task in the "Time Range" column by specifying whether a task should be accomplished in 1-2
years, 3-5 years, 5+ years or on an ongoing basis by indicating "short", "mid", "long" or "ongoing".
To further emphasize the differences between goals and tasks and their impacts on budget
decisions and resource allocations, the City Manager shared the glacier graphic included in
Exhibit A. This image served to graphically depict how the City's staff and resources are mostly
committed to resolving large amounts of low profile, dayto-day operational issues instead of the
fewer but high profile and more public strategic initiatives.
1
Date: April 4, 2016
Nil Blackburn, Assistant to the City Manager - (650) 558-7229
Lisa Goldman, City Manager - (650) 558-7243
RECOMMENDATION
BACKGROUND
l{exl Steps on Goal Setting for FY 2016-2017
The City Council then reviewed and discussed the IAP in detail. ln addition to asking questions,
the Council recommended several changes and additions. Comments and recommendations
that garnered majority consensus among the Council during discussion have all been
incorporated into the final IAP presented in Exhibit B.
After City Council's review of the lAP, the community was invited to provide public comments and
input. The prevailing themes during the public comment segment included the following:
continued relationship-building with all local schools; shared responsibility for the maintenance
and cleanliness of Burlingame's streets with local businesses; addition of housing in the Bayside
area; implementation of mechanisms to assist residents facing housing displacement due to
rising rents in the City; enhancement of ci$nride communications by hiring a full{ime, centralized
Public lnformation Officer; improvement of green transportation and safety by focusing on bicycle
and pedestrian infrastructure; and the design and implementation of a recreational skate park.
The final segment of the meeting reviewed and sought to prioritize the City's infrastructure needs
(Exhibit B). Each Councilmember offered opinions and recommendations on the prioritization of
the fifteen projects listed, but given the limited amount of time remaining, the City Council agreed
to address this topic separately from the goal-setting process. A special meeting was held on
February 29 to review this matter.
As a next step in the goal-setting process, staff would like the City Council to review and approve
the 2016-20'17 lmplementation Action Plan or provide feedback on changes it wishes to see
incorporated and brought back for adoption at a future meeting.
FISCAL IMPACT
The FY 2016-2017 budget will include funding for the City's day{o-day operations as well as
those projects and action items that the staff anticipates completing in the coming fiscal year. ln
the event the City Council seeks to add additional staff resources, project initiatives or consulting
services, funding will need to be allocated away from existing projects or from unassigned fund
balance.
Exhibits:
. Presentalion, "City of Burlingame FY2016-201 7 Goals Setting Session'
. lmplementation Action Plan FY 2015-20'16
2
April4,2016
DISCUSSION
ln conducting its review, the City Council should consider budget implications as well as staff
availability in the context of their existing day{o-day operational responsibilities and projects.
3l3rl2Or5
Exhibit A
GE
City of Burlingame
FiscalYear 2016-2017
Goals Setting Session
Oepartment Highlights (9:15 a.m. - 9:45 a.m.)
Review of lmplementation Action Plan (9:45 a.m. - 1'l:00 a.m.)
Break (1'l:00 a.m. - 11:'15 a.m.)
Discussion of City's lnfrastructure Needs (11:15 a.m. - '12:15 p.m.)
Wrap Up and Close (12:15 a.m. - 12:30 p.m.)
Welcome
Meeting Agenda and Overvie\e
1
1
3/37/2076
Department Highlights
Significant Successes in 2015
. Enhanced community engagement through use of improved and/or new
communications tools: weekly e-News, accessBurlingame and Facebook.
A new website improvement initiative is undelway-
' Negotiated agreement with the San Mateo Union High School District for
the Burlingame Aquatic Center
. Adopted four Property Assessed Clean Energy (PACE) programs in 2015
Awarded four Beacon SpotlightAwards ftom the lnstitute of Local
Govemment
SPOTLIGHTtf,tt D
City Manager
Lisa Gddman
I
@ Mwtt{t{ER
2
4
3/3r/2076
Significant Successes in 2015. Collaborated with the San Mateo County Elections Offce for the County's
first all-mailed ballot election
' Facilitated the election and assisted with the transition of two new City
Councilmembers. Developing electronic database of City resolutions and ordinances
rtarIlal
-t
City Clerk
Meaghan Hasselshearer
g! ,ll-
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I
3
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I
5
Central County Fire Department
John Kammeyer, Fne Chief
Significant Successes in 2015
. Held 2 community safety fairs
- Promoled 5 key leadership positions
. Concluded negotiations with San Bruno
. lnitiated CCFD independent lT system
implementatjon. lmplemented a Burlingame Neighborhood
Network liaison position
A
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t
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il
9rS "'
3/3L/2016
Gommunity Development Department
Significant Successes in 2015
. Commenced comprehensive update ofthe City's General Plan and Zoning
Ordinance. Adopted the 201s2023 Housing Element update
. Adopted and implemented Califomia Green Building standards
Bill Meeker. Direclor
-
EnuEt0n!utuD6rmt
Economic Development
Oeese Relihan, Economic Development Speclalist
Signilicant Successes in 2015
. Building positive relationships with businesses and the Burlingame Avenue
and Broadway business improvement districts
' Developed a Business Resource Guide to assist prospective businesses
. Created a 1 /elcome lo Burlingame New Business Kif for new businesses
. Created an economic activity dashboard for the City's website
:l
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4
7
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3/3r/2076
Finance Department
Carol Augustine, Diredor
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G--j:- --,
''*'1t"1y'v nd
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Human Resources Department
Significant Successes in 2015
. Conducted 70 recruitments
. Negotialed &year term contracts with AFSCME 829 and 2190
' Established the first part-time salary and benellt resolution
' Worked closely with the new third party administrator to reduce workers'
compensation liability
. Hired a new safety consulting firm
.-!
e,ii1i,,,:,i1,:;
I
,
Leslie Loomis. Direclor
5
I
Significant Successes in 2015
. Recommended updates to the City's General Fund Reserve Policy based
on further analysis of the optimum level for the City's catastrophic reserve
. Advanced discussion of fnancing altemalives for the City's unfunded
inftastructure pOects
. Revised water/wastewater customer billing format and implemented online
payment capabilities. Completed a CoslAllocation Plan and commenced a userfee study
' Commenced a review of Citywide purchasing processes
t0
3/3L/20L6
Significant Successes in 2015
' Completed Library renovation
' Offered more resources for Burlingame's business
community and other City Departments
. Received various grants lo enhance Library services,
including the addition of a bike fix-it station
Library
Brad McCulley Crty Librarian
Parks and Recreation Department
Margaret Glomstad, Director
Significant Successes in 2015
. Developed and implemented a landscaping maintenance plan
for Burlingame Avenue
. lncreased community outreach with the addition of the Program
Outreach Specialist position
. lncreased athletic field use with the installation of lighting on
Washington Small Field
. Began working with Mercy High Schoolto ofier summer
enrichment programming
' lnstalled agility equipment at the Bayside Dog Park
6
11
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12
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3/3rl2016
ffi
Police Department
E
Eric Wollman, Police Chief
Within two years of implementation, San Mateo County's STEP
initiative contibuted to a 58% reduction in traffic fatalities. ln other
words, 33 lives were saved in San Mateo County.
Police Department
Eric Wollman, Police Chbf
FY12-13
Ql Q2 Q3 04
FY14-15
ol 02 Q3 04
llrl lhfi. lrSiB-E r JtldslIl.tro-t
7
13
Significant Successes in 2015. Reorganized Police Department to enhance
effciency
' Created and implemented Burglary
Enforcement Saturation Team ('BEST")
. Continued to partner with local hotels and
restaurants lo combat property crimes and
human traffcking. Received awards for Saturation Traffc
Enforcement Program ('STEP')
d.a-
a
BE SMART!
14
06 t0 BI8INt3l2
3/3tlzot6
Signiticant Successes in 2015
. Conducted a robust public outreach and education
program to increase water conservation; achieved a
total of 31% (neady double the state mandate of 16%)
. Repaired and replaced nearly 46k square feet ofsidewalks
Worked with Caltrans to prevent cutting of trees along El Camino Real
near Floribunda to improve the safety ofthe intersection
lmplemented a robust cleaning program for the downtown Burlingame
Avenue and Broadway mmmercial areas
Upgraded more than 3 miles of old deteriorated water and sanitary sewer
pipe lines
Public Works Department
Syed Murtuza, Director
Review of lmplementation Action Plan
8
15
IC
_a l;.
,t5
3/3tl2ot6
r Ensure thai Burlingame is an attractive, safe, and resilient residential
community that honors its history and community character
2 Sustain long{erm financial strength with increased and diverse revenue
sources, greater expenditure controls, and slrong reserve policies
3 Enhance and promote Burlingame's downtown and commercial sectors
r Maintain and enhance Budingame's high quality services that meet the
needs of the community
5 Strive to promote more environmentally sustainable policies and outcomes
Burlingame's Five Goals
The Language of Goal Setting
Goals
5
Strategies
34
Tasks
11'lil
Measurablei method
for achieving the goal
Action iiems lhat help
achieve strategiesi
short (1-2 yrs), mid (3-5
yrs) or lons (5r yrs)
9
17
't8
Broad, visionary
proactive, multiyear
lh\
Strategic
High Public Visibility
3/3t/2015
Break
10
19
The Total Picture
\
Operational
Day-to-Day Task and Job
Responsilities
20
Ranked by Council and Community
' Dolmtoxn Pa*ing Garaqe
. Community Center
r City HallSafety lmp.ovemenls
r Bayview Park
" Police Staton lmprovements
a Downto,n Steelscape- ParkirE Lot ResurfacirE
l Fire Stalion lmprovements
i N6^/ Pa*s Yard
i: Aquatk Center lmprovements, Cariage Hoose lmprovemenls
TOTAL
Additjonal Projects for Consideration
. B@adwey Grade Separatirfl
. City Hall Redacentent. Hoover School Ped. ard Trafic lmpmvernenb
' Train Oriet Zones
TOTAL
Unfunded Capital Projects
Estimated Cost
t245 M
125 M
t3.s M
t3.s - t7.s M
3rI7 - t28l
tro-20M
$l!5 - 40 M
i11.5 M
t4.0 M
tl.6 M
s2s.0 M
35.0 M
$2.4 M
$3.,1M
00.2s M
t0.1s M
t98.3 l' - 1113.3 X
3l3Ll2ot6
Wrap Up and Close
11
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F
STAFF REPORT AGENDA NOr 10b
MEETING DATE: April 4, 2016
To:Honorable Mayor and City Council
Date: April 4,2016
From: Leslie Loomis, Human Resources Director - (650) 558-7209
Subject:Adoption of a Resolution Authorizing the City Manager to Modify the
Department Head and Unrepresented Employees Compensation and
Benefit Plan to lnclude Six Job Classifications Formerly in the Burlingame
Association of Middle Managers and Amending the Salary and
Compensation Package for the Six Classifications
On December 17, 2015 AFSCME submitted a request to the City for formal recognition as the
bargaining unit for the Burlingame Association of Middle Managers (BAMM). This request
triggered three separate labor relations procedures: (A) decertification of BAMM; (B) a unit
determination involving confidential and management positions; and (C) the recognition of a new
recognized bargaining agent for the middle manager bargaining unit. On January 22,2016, the
City notified the BAMM Board that its status as the recognized bargaining agent for the middle
manager unit was revoked effective February 1, 2016. Next, the City Manager was required to
determine whether the proposed bargaining unit is an appropriate unit based on the community of
interest among the employees. The City Manager conducted an examination of the duties of the
job classifications proposed for inclusion in the middle manager bargaining unit and determined
that six classifications needed to be excluded due to their management and/or confidential duties.
These positions are: Assistant Public Works Director/City Engineer, Parks Superintendent,
Deputy Finance Director, Public Works Superintendent, Planning Manager, and Chief Building
Official. The former BAMM Board was notified of the City Manager's decision to move these
positions to the Department Head and Unrepresented Employee Compensation and Benefit Plan
and did not request to meet or contesl the decision.
ln order to move the positions from the Mid Managers Unit to the Department Head and
Unrepresented Employee Compensation and Benefit Plan, the Plan needs to be amended and
1
RECOMMENDATION
Staff recommends that the City Council adopt the attached resolution authorizing the City
Manager to modify the Compensation and Benefit Plan for Department Head and Unrepresented
Classifications to include six additional job classifications and to provide a 3% salary increase
retroactive to the first pay period of January 2016 tor these classifications. The revised Plan is
attached to this report.
BACKGROUND
DISCUSSION
Department Head E Unrepresented Employees Compensation/Benefit Plan April4,2016
adopted by the City Council. The attached revised Department Head and Unrepresented
Employee Compensation and Benefit Plan includes the addition of the new positions and the
required language to provide them with the applicable beneflts.
The Oepartment Head and Unrepresented employees and the City entered into a three-year
contract effective January 1, 2016 and running through December 31, 2018. The six job
classifications that will be moved to this Unit did not receive the 3% salary increase effective the
first pay period in January 2016. Staff recommends these classifications receive this increase
retroactive to the first pay period in January 20,l6 and that all other applicable benefits included in
the Department Head and Unrepresented Employee Compensation and Beneflt Plan apply to the
six classifications. With limited exception, the BAMM and Department Head and Unrepresented
Employees have the same benefits package. Unrepresented classifications, including the newly
added positions, are not entitled to the professional development allowance afforded to
Department Heads. Life insurance coverage for BAMM employees is $75,000, while
unrepresented employees receive $100,000 in coverage. Slaff recommends the additional life
insurance be granted to the newly added classifications. The Council authorized an increase in
the dental and vision reimbursemenl amounts for the group; these increases will apply to the
newly added classifications.
The probationary period for these positions will no longer apply as they will be moved to alwill
status. Further, the positions will no longer be eligible to participate in the Grievance Procedure
as outlined in Section 12 of the BAMM contract. All other benefits and terms and conditions of
employment will remain as the same as they were when in the BAMM Unit.
Based on the above recommended increases, the cost of a 3% salary increase effective January
't, 2016 for fiscal year 20'15116, including roll-up costs, is $16,611 forthe six classifications. The
cost of a 3% salary increase effective January 1 , 20'17 , including roll-up costs, is $ 33,771 ; and
the cost ol a 3o/o salary increase effective January 1, 2018 including roll-up costs, is $34,733.
Given the likelihood of salary increases for the former BAMM unit during the same lime period,
some or all of these increases are likely costneutral to the City relative to what they would have
been had the positions remained in the middle managers group. The cost of increasing life
insurance from $75,000 to $100,000 for these six classifications is under $500 per year. The FY
201512016 budget contains sufficient funds to cover the recommended increases.
Exhibits:
. Resolution
. Revised Department Head and Unrepresented Employees Compensation and Benefit Plan
2
FISCAL IMPACT
RESOLUTION NO.
WHEREAS, the American Federation of State, County, and Municipal Employees
(AFSCME) submitted a request to the City for formal recognition as the bargaining unit
for the Burlingame Association of Middle Managers (BAMM); and
WHEREAS, this request triggered the requirement for the City Manager to
conduct a unit review to determine whether the proposed unit is an appropriate unit; and
WHEREAS, the City Manager determined, after careful review of the
classification job duties and responsibilities, that the following job classifications need to
be moved out of the Burlingame Mid Managers Unit and placed in the Department Head
and Unrepresented Employees Compensation and Benefit Plan Group due to the
management or confidential nature of the positions: Assistant Public Works Director/City
Engineer, Chief Building Official, Deputy Finance Director, Parks Superintendent,
Planning Manager, and Public Works Superintendent; and
WHEREAS, the Department Head and Unrepresented Employees received a 3%
salary increase and an increase in the dental and vision reimbursement amounts
effective January 1 , 201 6; and
WHEREAS, the life insurance for unrepresented employees is $100,000, while it
is $75,000 for Mid Managers; and
WHEREAS, staff recommends these classifications receive the same salary
increase and benefit enhancements as the unrepresented employees covered by the
Department Head and Unrepresented Employees Compensation and Benefit Plan,
including the additional life insurance; and
WHEREAS, City Council authorization is required to approve the recommended
changes to the Department Head and Unrepresented Employees Compensation and
Benefit Plan including the 3% salary increase retroactive to January 1,2016 and the
increase in life insurance.
NOW, THEREFORE, BE lT RESOLVED, that the City Council of the City of Burlingame
does hereby authorize the City Manager to modify the Department Head and
Unrepresented Compensation and Benefit Plan to include the Assistant Public Works
Director/City Engineer, Chief Building Official, Deputy Finance Director, Parks
Superintendent, Planning Manager, and Public Works Superintendent positions The
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BURLINGAME AUTHORIZING THE CITY MANAGER TO MODIFY THE
DEPARTMENT HEAD AND UNREPRESENTED EMPLOYEES
COMPENSATION AND BENEFIT PLAN TO INCLUDE SIX ADDITIONAL
JOB CLASSIFICATIONS AND TO AMEND THE SALARY RANGES AND
LIFE INSURANCE BENEFIT FOR THESE CLASSIFICATIONS
City Council further resolves and directs that the 3olo salary increase received by the
Department Head and Unrepresented Employees shall be granted retroactively to these
six positions effective January 1,2016.
Ann Keighran, Mayor
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
Meaghan Hassel-Shearer, City Clerk
l, MEAGHAN HASSEL-SHEARER, City Clerk of the City of Burlingame, do
hereby certify that the foregoing resolution was introduced at a regular meeting of the
City Council held on the 4th day of April, 2016 and was adopted thereafter by the
following vote:
COMPENSATION & BENEFIT PLAN
FOR
THE CITY OF BURLINGAME
DEPARTMENT HEAD &
UN REPRESENTED CLASSI FICATIONS
January 1, 2016-December 31, 2018
Amended April4, 2016
This Compensation and Benefit Plan covers the City of Burlingame (City) Department Head and
Unrepresented Group (DH,{JR). The parties have entered into this agreement after meeting and agree to
the following terms:
1. RECOGNITION
1.1 Positions Covered
The positions covered by this agreernent include all Department Head and Unrepresented
classifications that work under the direction and at the will of the City Manager. These positions
are all "confidential" classifications based on the nature of their work. The classifications that are
covered by this compensation and benefit plan are as follows:
Department llead Classificatio4s:
City Clerk
Community Development Director
Finance Director
Human Resources Director
Library Director
Parks & Recreation Director
Police Chief
Public Works Director
The City Manager and City Attomey are not included as part of this agreement, but receive the
same benefits plan as the City of Burlingame Department Head and Unrepresented Group
(DHfuR) unless specifically noted in their ernployrnent agreements.
2. SALARY
2.1 Salary Adiustments
In order to maintain consistency with the other miscellaneous employee units
Department Heads and Unrepresented employees will receive a general increase equal to what
AISCME receives:
. 302 increase effective first pay period in January 1,2016. 302 increase effective first pay period in January 1, 2017. 30% indease effective first pay period in January 1, 2018
2
Unrepresented Classifi cations :
Assistant Public Works Director/City Engineer
Chief Building Offrcial
Deputy Finance Director
Executive Assistant
Human Resources Analyst II
Human Resources Assistant
Parks Superintendent
Planning Manager
Public Works Superintendent
2.2 DeferredCompensation
The City will maintain a matching contribution to deferred compensation of $45 per bi-weekly
pay period. Deferred compensation is part of the total salary and will be included as such for
future salary market analysis.
3. BENEFITS
3.1 Health Insurance Coverage
3.1.1 No Plan
Employees who dernonstrate they have medical insurance through another source will receive
$350 per month in lieu of health insurance. The $350 per month allowance may be put into a
deferred compensation plan or taken in cash. If taken in cash it is subject to normal taxation.
3.1.2 Contributions for Dep artment Head and UnreDresented Classifications
The City shall contribute the belowlisted amount per month toward each employee's Section
125 Plan benefit allowance components. All contributions listed below include the PERS
required Minimum Employer Contribution (MEC).
Emplovee Only: 92.5%o of the selected medical plan premium up to a maximum of 92.5%
of the Blue Shield HMO rate for Employee only
Employee plus one: 92.5o/o of the selected medical plan premium up to a maximum of
92.5% of the Blue Shield HMO rate for Employee plus one
Em lus two or more: 92.5o/o of the selected medical plan premium up to a
a
maximum of 92.5% of the Blue Shield HMO rate for family coverage
An ernployee that enrolls in a medical plan that has a higher premium than the City's
contribution as stated above will pay the difference via pre-tax payoll deductions.
3.2.1 Retiree N{edical for E mnlovee s Hired Prior to March 31. 2008 and Retire on or after
Januarv l, 2015
Effective January l, 2015, employees hired prior to March 31, 2008 who retire on or after
January 1, 2015 with a minimum of five (5) years of City service will receive a retiree medical
benefit as follows:
The City will contribute up to the Bay Area Region premiums for Blue Shield Access
HMO Single for single retirees, Blue Shield Two-Party for retiree plus one, or Kaiser
Family for retiree plus two or more.
Eligible retirees who are 65 years of age or older must enroll in Medicare. The City will
contribute up to the Medicare supplernent plan premium for the Bay Area Region for
Blue Shield Access HMO for single retirees, Blue Shield Two-Party for retiree plus one,
or Kaiser for retiree plus two or more.
3
3.2 Retiree Medical
3.2.2 Retiree l\{edical for Emplove es llired Between March 3f . 2008 and October 31. 201I
Employees hired between March 31, 2008 and October 31, 201 1 who retire with a minimum of
five (5) years of service with the City will receive a retiree medical benefit based upon years of
service as follows:
Years of City Service Monthly Contribution
0 to the end of 96 year of
service
Minimum monthly amount as governed by the CaIPERS Health
System-
l0 years to the end of the
I 4h year of service
100% of the lowest medical premium provided through
CaIPERS approved medical providers for employee only.
15 years to the end of the
l9d year of service
75oZ of the lowest medical prernium provided through CaIPERS
approved medical providers for employee +1 dependent.
20 years of service or
more
100% of the lowest medical premium provided through
CaIPERS approved medical providers for employee +l
dependent.
3.2.3 Retiree Medical for Emplovees Hired On o r After November l. 201I
Employees hired on or after November l, 2011 will receive the following contributions to a
Retirement Health Savings Account, based on years of service with the City.
Years of Service Monthly C ontribution
0- to the end of the 5th year of
servlce
6 years of service to the end of
the l gth year of service
2.0Vo of base pay
20 years ofservice or more 2.5% ofbase pay
In the event the BAMM and/or the American Federation of State, County and Municipal
Employees (AFSCME) units receive higher benefit levels than those offered to the members
covered by this compensation and benefit plan, the members can request that the compensation
and benefit plan be reopened relative to retiree medical benefits.
3.3.2 Vision Plan
Effective January 1, 2016 and each calendar year thereafter, the maximum reimbursement for an
ernployee for vision eligible expenses will be $600 annually not including an eye examination.
If an eye examination is included in the reimbursernent the maximum reimbursement will be
increased to $700. The maximum cumulative reimbursement for eligible dependents shall not
exceed $300 per calendar year or $350 per calendar year if an eye examination is included for
reimbursement, for vision eligible expenses.
4
0.0o/o
3.3 Dental and Vision Plans
3.3.1 Dental Plan
Effective January l, 2016 and each calendar year thereafter, the City will reimburse up to $1900
per year per employee for dental related expenses. ln addition, all enrolled eligible dependents
will receive a maximum combined benefit of $1800 of reimbursable dental expenses per
calendar year.
3.4 Lons Term Disabilitv (LTD)
The City agrees to provide Long-Term Disability (LTD) coverage to department heads and
unrepresented classifications. The coverage is 60% of covered eamings with a maximum
monthly benefit of $8,000. If the Police Chief elects to obtain LTD coverage through his or her
respective professional organizations, the City agrees to pay the premium ofsuch LTD coverage.
3.5 Life Insurance
The City agrees to provide a term life-insurance policy in an amount equal to annual salary for
the Department Head group, and $ 100,000 for the Unrepresented group.
4. RETIREMENT
4.f .1 Retirement Formula
Effective 03131/2008, the City amended its contract with CaIPERS to provide for the 2.5o/o at
55 retirement formula for all miscellaneous employees.
Miscellaneous employees hired after January 1, 2013, who are not considered "classic
anployees" shall receive the 2% @ 62 retirement benefit and are subject to the PEPRA rules.
The Police Chief shall receive the 3% @ 50 retirement benefit afforded to other sworn Police
Personnel. A Police Chief who is new to the PERS system shall receive the 2% @ 57
retirement benefit.
a
a
4.1.2 Retirement Contribution
Department Head and Unrepresented employees will contribute 1.50% of the employer's
contribution to PERS retirement via payroll deduction on a pre-tax basis. The City shall
"pick-up" the employer contribution amount that is being paid by the employees through a
payroll reduction under IRS Code Section 414(h)(2). Department Head and Unrepresented
employees hired 0110112013 and after are exempt from this contribution.
4.2 One-Year Final Compensatie4
Effective 0l/01102, the City amended its contract with CaIPERS to provide for the One-Year
Final Compensation Benefit (GC Section 20042). Miscellaneous employee hired after
January 1, 2013 who are not "classic employees" are subject to the average of the last three
(3) years of final compensation for retirement calculations.
4.3 Militarv Buv Back for Creditable Service
Effective O1/Oll02, the City amended its contract with CaIPERS to provide for Military
Service Credit (GC 21024).
Pre-Retirement Optional Settlement 2 Death Benefit
Effective 04l3OlO7 , the City amended its contract with CaIPERS to provide the Pre-
Retirement Optional Settlement 2 Death Benefit (GC 21548). This contract option provides
for the surviving spouse of a retirernent-eligible active employee to receive the highest
possible retirement benefit as though the employee had retired the day before death and
selected such option.
4.4
a
5
5. VACATION
5.1 Vacation Accrual
Vacation Accrual rates will change on an anployee's anniversary date as follows:
Biweekly Additive
Accrual Rate Amount
3.07
4.62 +40
4.93 +8
5.24 +8
5.54 +8
5.85 +8
6.16 +8
6.47 +8
6.78 +8
7.O9 +8
7.39 +8
Note: The maximum vacation accrual for the Police Chief is 448 hours
5.2 Vacation Accrual Maximum
An employee shall not be allowed to have an accumulation of more than two (2) years' credit at a
time.
6. SICKLEAVE
6.1 Sick Leave Accrual
Employees will accrue 3.69 hours of sick leave per pay period.
6.2 Sick Leave Conversion
Upon retirement, employees will have all sick leave hours converted to CaIPERS credible
service per GC Section 20965, with the exception of the Police Chief, who will receive the same
sick leave conversion benefit as granted to the Police Administrators. The Police Administrators
can elect to have all sick leave hours converted to CaIPERS credible service, or they can elect to
be compensated for up to 600 hours of accumulated sick leave. Any ranaining sick leave hours
can then be converted to CaIPERS credible service.
6.3 Maximum Accrual
The maximum sick leave accrual is 2,000 hours, except that the maximum accrual for the Police
Chief is 2,080 hours.
7, ADMINISTRATIVELEAVE
7 ,1. DeDartment Head Classifications
Effective July I of each year, all Department Head classifications shall be granted 80 hours of
administrative leave per year. The City Manager may approve up to an additional 40 hours of
administrative leave for Department Heads when warranted.
6
Maximum
Accrual
160
240
256
272
288
304
320
336
352
368
384
Leneth of Service
0-4 years
5
11
l2
13
t4
15
16
17
l8
25
7.2. UnrepresentedClassifications
Effective July I of each year, the Human Resources Analyst II, and the Chief Building Official
shall be granted 60 hours of administrative leave per year. Effective July 1 of each year the
following positions shall be granted 80 hours of administrative leave per year: Assistant Public
Works Director/City Engineer, Deputy Finance Director, Parks Superintendent, Plannhg
Manager, Public Works Superintendent. The City Manager may approve up to an additional 16
hours of administrative leave when warranted.
Other Unrepresented classifications covered by the compensation and benefit plan are considered
FLSA non-exernpt positions and are not eligible for administrative leave.
7.3
ln the event of separation, administrative leave payout will be prorated based upon the effective
date of separation.
8. PROFESSIONALDEVELOPMENT&ALLOWANCES
8.1. ProfessionalDevelo Dment
Department Head classifications are eligible to receive up to 52,500 per fiscal year for
professional development expenses. This includes reimbursement for educational programs and
events and/or computer related devices. For details, refer to the Professional Development
Policy.
8.2 Auto Allowance
Department Head classifications are eligible to receive auto allowance as enumerated below.
Department Heads can elect to waive their monthly auto allowance and defer an equivalent
amount into their Section 457 - Deferred Compensation Account. Such elections can be
changed annually with an effective date of January I .
Classification NtonthlY Amount
Finance Director
City Clerk
Community Development Director
Human Resources Director
City Librarian
Parks & Recreation Director
Public Works Director
$200
s200
$200
$200
$200
$350
$3s0
7
Proration and Payout
The amount of administrative leave granted shall be prorated based upon the date of hire. A
maximum of 80 hours of administrative leave can be paid out in a fiscal year for Department
Head positions and a maximum of 60 hours of administrative leave can be paid out in a fiscal
year for the Human Resources Analyst II position. The payout can occur in the first pay period of
December and/or the last pay period of June. An ernployee shall not be allowed to have an
accumulation of more than two (2) times the annual accrual.
8,3. Uniform Allowance
8.4
The Police Chief will receive an annual uniform allowance the same as ganted to the
Association of Police Administrators.
POST Certificate Pav
The Police Chief shall be eligible to receive $950/month upon obtaining the POST Executive
Certificate.
9. TERM
This amended agreement shall be effective on January 1,2016 and will remain in effect through
December 31, 2018.
The City agrees not to alter, amend, or reduce any existing benefit included in this document
without meeting and conferring regarding such change.
For the City:For the DIVUR:
Date:Date:
8
AGENDA ITEN, NO: 10d
STAFF REPORT MEETINGDATE: April4,2016
To:Honorable Mayor and City Council
Date: April 4,2016
From: Kathleen Kane, City Attorney - (650) 558-7204
Subject: Adoption of a Resolution Authorizing the City Manager to Execute an
Exclusive Negotiating Agreement with Pacilic West Communities, lnc. for
Burlingame City Parkinq Lots F and N
Staff recommends that the City Council authorize the City Manager to execute an exclusive
negotiating agreement with the developer selected through the Council's request for proposals
process for the development of affordable housing and improved parking facilities on City lots F
and N.
ln December 2014, the City issued a request for proposals ("RFP") seeking quallfied developers
interested in creating affordable housing and enhanced parking facilities on City parking lots F
and N. Eight prospective developers responded to the RFP. After considerable analysis and
two public meetings in March and June of 2015, the Council selected Pacific West
Communities, lnc., as being the prefened developer for the sites in question.
City staff has been working with Pacific West Communities to establish a framework for the
potenlial development. Because the project includes affordable housing, its financing
mechanisms involve various sources of public funds. One such source has an application
deadline of June 15, 2016, and requires lhat the developer demonstrate an appropriate level of
site control in order to be eligible. To meet that deadline, City staff and Pacific West
Communities have agreed to work expeditiously to present to Council a framework for transfer
of site control that can be reviewed prior to the June deadline. The first step in that process is
entering into an exclusive negotiating agreement ("ENA"). The ENA provides protection for both
the City and the developer. The developer has the assurance that, while it is expending
resources in preliminary work on the project, the City will not sell the property to someone else.
The City has the advantage that the negotiation process is clear and that it will be shielded from
potential claims by the developer should negotiations break down or the project appear to be
abandoned.
1
RECOMMENDATION
BACKGROUND
Exclusive Negotialing Agreement for Lots F and N April1,2016
The attached ENA reflects the streamlined nature of the negotiations and the public policy
interest in the development of affordable housing units within the city. Given the abbreviated
time available, the ENA contains only the most essential negotiating milestones. Because the
project is for the development of affordable housing and enhanced parking facilities for the
benefit of the public, the City is not seeking full reimbursement of all potential related costs as it
does for fully private developments. lnstead, reimbursement is limited to outside consultant
fees (rather than including staff time) and is capped at $80,000. lf for some reason the ENA
should be extended, additional reimbursement may need to be negotiated as part of any
amendment.
The function of the ENA and any disposition agreement or lease presented to the Council in
June is to provide site control to the developer for financing purposes. The Council and
Planning Commission will retain full discretionary review over the project as its design evolves,
and appropriate environmental analysis will be performed before any development entitlements
are granted by the City. Nothing in the ENA or any agreement entered into by June of this year
will finally the commit the City to approve any development on Lots F and N.
FISCAL IMPACT:
The proposed agreement includes a provision for reimbursement of actual costs up to $80,000
in outside consultant fees associated with the work contemplated by the ENA. While the actual
costs are uncertain, this dollar amount is based on an estimate of outside consultant costs for
accelerated work between April and June of 2016. Costs associated with City staff time are not
reimbursed under the agreement, but are covered by existing budget in the affected
departments.
Exhibit
Resolution Authorizing the City Manager to execute an Exclusive Negotiating Agreement
with Pacific West Communities, lnc. for Burlingame City Parking Lots F and N
DISCUSSION
2
RESOLUTTON NO._
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BURLINGAME AUTHORIZING THE CIry MANAGER TO EXECUTE AN
EXCLUSIVE NEGOTIATING AGREEMENT WITH PACIFIC WEST
COMMUNITIES, INC. FOR BURLINGAME CIry PARKING
LOTS F AND N
WHEREAS, the City of Burlingame issued a request for proposals in
December 2014 seeking qualified developers interested in creating affordable
housing and enhanced parking facilities on Burlingame City Parking Lots F and
N; and
WHEREAS, the Council conducted extensive review of the responsive
proposals and in June, 2015, selected Pacific West Communities, lnc., as its
prefened developer for the potential project; and
WHEREAS, entering into an exclusive negotiating agreement serves to
protect both the City and the developer during the initial project negotiation
period; and
WHEREAS, the developer has agreed to the terms contained in the
attached draft exclusive negotiating agreement; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
BURLINGAME DOES HEREBY RESOLVE, DETERMINE, AND FIND AS
FOLLOWS:
1. The City Council authorizes the City Manager to execute an exclusive
negotiating agreement in the form attached with Pacific West Communities, lnc.,
for the potential transfer and development of Lots F and N
OAK #{}17-9}17-6399 v1 -l-
WHEREAS, the Council finds that the attached negotiating agreement is
in the best interests of the City of Burlingame and does not commit the City to
approve any development on the sites in question, but rather provides a
framework for negotiations.
2. The City Council further authorizes City staff to negotiate a potential
agreement providing for site transfer and/or control to Pacific West Communities,
lnc., to be brought back to the Council for review.
Ann Keighran, Mayor
l, Meaghan Hassel-Shearer, City Clerk of the City of Burlingame do
hereby certify that the foregoing Resolution was introduced at a regular meeting
of the City Council on the 4th day of April, 2016, and was adopted thereafter by
the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
Meaghan Hassel-Shearer, City Clerk
OAK *4817-9317 4399 y1 -2-
Exclusive Negotiating Agreement:
AGREEMENT TO NEGOTIATE EXCLUST!'ELY
THIS AGREEMENT TO NEGOTIATE EXCLUSIVELY ("Agreement") dated
for reference purposes as of 2016 ("Date of Agreement"), is entered
into by and between the CITY OF BURLINGAME, a Califomia municipal corporation
C'City'), and PACIFIC WEST COMMT NITES, INC., an Idaho corporation which will
do business in Califomia as Idaho Pacific West Communities, Inc. ("Developer").
RECITALS:
A. In December 2014, City issued a Request for Proposals ("RFP") seeking
qualified developers interested in developing the City-owned surface parking lots located
south of Howard Avenue between Park Road and Highland Avenue, known as Lots F &
N, as depicted in Exhibit A attached hereto ("Site") with affordable housing and
underground and/or structured parking.
B. Eight prospective developers submitted development proposals in
response to City's RFP. City invited three ofthe eight developers to present their
development plans to the Ci_ty Council and community on March 26,2015. At the
conclusion ofthe March 26th meeting City Council provided feedback to the three
development teams and the three teams subsequently presented revised concepts to the
City Council at a public meeting on June 9, 2015. At the June 9rh meeting, City invited
two of the three participants, including Developer, to present further refined proposals to
the City Council.
C. On or about July 6,2015, City Council considered the proposals submitted
by the two prospective developers and selected Developer as the developer with whom
City desires to exclusively negotiate regarding the potential development of the Site as an
affordable housing project, including underground and/or structured parking, consistent
with the requirements of the Burlingame Downtown Specific Plan ("Specific Plan").
D. City and Developer now desire to enter into this Agreement in order to set
forth the terms under which City and Developer will exclusively negotiate the terms and
conditions of a proposed Disposition and Development Agreement C'DDA") providing
for conveyance via fee sale or ground lease and development of the Site.
NOW THEREFORE, City and Developer hereby agree as follows:
AGREEMENTS:
l. Neeotiations.
l.l Good Faith Negotiations. Cit y and Developer, acknowledging that time is
of the essence, agree for the Negotiation Period set forth below to negotiate diligently and
OAK #{817-93.1ru399 vl -3
in good faith to prepare a DDA (defined in Recital D, above) to be considered for
approval by City and Developer, in the manner set forth herein, with respect to the
conveyance via fee sale or ground lease and development of the Site (defined in
Recital A, above). City agrees, for the period set forth below, not to negotiate with any
other person or entity regarding the sale or development of the Site or any portion
thereof. A DDA resulting from the negotiations hereunder shall become effective only if
and after a DDA has been considered and approved by the Developer and the City
Council at a public hearing called for such purpose. If a DDA is executed by City and
Developer, the DDA shall thereafter govem the rights and obligations ofthe parties with
respect to the development of the Site.
1 .2 Duration of this Asreement. This Agreement shall become effective upon
execution by the parties and shall remain in effect until June 15, 2016 ("Negotiation
Period"). Upon expiration of the Negotiation Period, this Agreement shall automatically
terminate, unless the Negotiation Period has been mutually extended by City and
Developer as provided below. The City Manager may approve an extension of the
Negotiation Period for up to an additional ninety (90) days, if he (she) determines in his
(her) sole discretion that Developer has made substantial progress towards meeting the
performance milestones identified in the Schedule of Performance attached hereto as
Exhibit B ("Schedule of Performance"). Any further extension of the Negotiation
Period shall require the approval ofthe City Council, which may be granted or denied in
its sole discretion.
1.3 Deposit. Within five (5) days following execution of this Agreement by
City, Developer shall submit to City a good faith cash deposit in the amount of EIGHTY
THOUSAND DOLLARS ($80,000) ("Deposif'). City shall deposit such tunds in an
interest-bearing account and such interest, when received by City, shall become part of
the Deposit.
City is authorized to use the Deposit to pay its actual, reasonable out-of-pocket
expenses incurred in carrying out its obligations under this Agreernent, including the
costs of City's economic/financial consultant and special legal counsel fees and costs
incurred by City in connection with the negotiation, drafting and consideration of the
proposed DDA for approval (collectively, "City Expenses"), but specifically excluding
the cost of City staff time, including City Attomey work, which shall be bome by City.
The following expenses are anticipated to be incurred by City in carrying out its
obligations under this Agreement: (l) up to $30,000 for pro forma review, analysis and
the preparation of a Govemment Code section 53083 economic development subsidy
report by Keyser Marston & Associates and (2) up to $50,000 for special counsel legal
services to be performed by Burke Williams & Sorensen LLP in connection with the
negotiation and drafting of the proposed DDA and affordable housing agreement
("Anticipated City Expenses"). In the event City determines that, in order to carry out
its obligations under this Agreement, the City Expenses will exceed the Anticipated City
Expense, such excess City Expenses shall be paid by City. City shall transmit to
Developer, not more frequently than monthly, a copy ofeach invoice, bill or other
evidence that City has incurred City Expenses. City's legal and advisory services
invoices shall be redacted as necessary to preserve attorney-client privilege.
OAK #4A17 -9Y7 4399 vl
If, notwithstanding City's and Developer's mutual diligent, good faith
negotiations, the parties have not entered into a DDA on or before expiration of the
Negotiation Period or any extension thereof, City shall retum to Developer the
unexpended portion ofthe Deposit, ifany.
2. Developm ent Conceot. The ne gotiations hereunder shall be based on the
Developer's proposed development concept that includes the concurrent development of:
a multi-family affordable housing rental project of approximately 144 units, including
approximately 78 workforce housing units (62 of which shall be affordable to households
up to 6070 of area median income ('AMI")) and 66 senior age restricted units (53 of
which shall be affordable to households up to 60% of AMI); a pocket park on the
panhandle portion oflot F; below-grade parking with approximately 170 spaces for the
multi-family residential component; and an additional approximately 371 below-grade
and/or structured parking spaces to replace, at a greater than l-to-l ratio, the existing
surlace parking spaces located on the Site, together with appurtenant on-site and off-site
improvements, including hardscape and landscaping, all to be developed in a manner
consistent with the Specific Plan (collectively, the "Project").
3. Developer 's Responsibilities.
3.I Full Disclosure. Develo per is required to make fuIl disclosure to City of
its principals; officers; major stockholders, partners or members; joint venturers; and its
directly involved negotiatom, development managers, consultants and managerial
employees (collectively, "Developer Parties"), and all other material information
conceming Developer. Any change in the identity of the Developer Parties shall be
subject to the approval of the City Manager, not to be unreasonably withheld. Developer
shall make and maintain full disclosure to City of its proposed methods of financing to be
used in the acquisition ofthe Site and development ofthe Project. Final approval of
financing will be addressed in the DDA.
3.2 Schedul f Performance Pro rts. Develo per shall commence
and complete performance of the work described in the Schedule of Performance within
the times set forth therein. Developer shall keep City apprised as to the status of all work
to be undertaken by or on behalf of Developer as described in the Schedule of
Performance. Within ten (10) days following City's request, which may be made from
time to time during the Negotiation Period, Developer shall submit to City a written
progress report advising City on the status of all work being undertaken by or on behalf
ofDeveloper.
4. Citv's Resoonsibilities. City shall cooperate with Developer by providing
information regarding the development potential of the Site.
5. Access to Site. City and Developer shall cooperate to enable representatives of
Developer to obtain the right ofaccess to all portions ofthe Site for the purpose of
obtaining data and making surveys and tests necessary to evaluate the development
potential ofthe Site, including the investigation of the soils and environmental condition
of the Site. All costs of investigating the physical and environmental condition of the
OAK #{817-93.176399 v1 -5-
Site, including a Phase l, Phase 2, geotechnical and soils investigations, ifany, shall be
paid by Developer at its expense and shall not be considered part of City Expenses.
Developer agrees to notifr City in writing at least two (2) business days prior to
undertaking any studies or work upon the Site. City may require Developer to execute
one or more right of entry agreements satisfactory to City's legal counsel prior to
commencing such studies or work. Any preliminary work by Developer shall be
undertaken only after securing (1) such insurance as may be reasonably required by City
to protect City and Developer from damages and losses that may arise from such
investigative work, and (2) any and all necessary permits from the appropriate
govemmental agencies. Such work shall be done without unduly disturbing existing
occupants of the Site, if any. In the event that Developer causes any damage to any
portion of the Site or any adjacent properties or the existing improvements thereon,
Developer, at its expense, shall promptly restore the Site, adjacent properties and existing
improvements thereon as nearly as possible to the physical condition existing
immediately prior to Developer's entry onto the Site. Developer's obligations under this
Section 5 shall survive the expiration or termination of this Agreement.
OAK #{817-%-175399 v1
6. Defaults and Remedies.
6.1 Default. Failure by either party to negotiate in good faith as provided in
this Agreement shall constitute an event of default hereunder. Except as otherwise set
forth in Section 7 below with respect to City's immediate right to terminate, the non-
defaulting party shall give written notice of default to the defaulting party, specifuing the
nature of the default and the required action to cure the default. If such default rernains
uncured ten (10) days after receipt by the defaulting party ofsuch notice, the non-
defaulting party may exercise the rernedies set forth in Section 6.2 or 6.3 below, as
applicable.
6.2 Exclusive Remedies for Citv Default. In the event of an uncured default
by City, Developer's sole and exclusive remedy shall be to terminate this Agreanent,
upon which termination Developer shall be entitled to retum of the remaining
unexpended and uncommitted balance of the Deposit, ifany.
6.3 Exclusive Remedies for Developer Default. In the event of an uncured
default by Developer, City's sole and exclusive remedies shall be: (1) to seek specific
perlormance or other equitable relief and/or to recover actual damages if the default is a
result ofDeveloper's failure to meet its indemnity obligations set forth herein, or (2) for
any other Developer default, to terminate this Agreernent and retain that portion ofthe
Deposit needed to pay City Costs incurred prior to the date ofsuch termination.
6.4 Limitation on Damaqes. Except as otherwise provided in Section 6.3
above, neither party shall have any liability to the other for actual damages for any
default. Each party specifically waives and releases any rights or claims it may otherwise
have at law or in equity to recover consequential, special or punitive damages from the
defaulting party.
-6-
7. Lobbvine and Camoaim Co ntributionProhibition. Develo per agrees and
acknowledges that the DDA negotiations shall take place with the City Manager, the
City's legal, financial and planning advisers and such other City parties as may be
designated by the City Manager from time to time (collectively, the "City-Designated
Team"). Developer shall not engage in discussions, negotiations or lobbying of any City
Council or Planning Commission members or other City ernployees or officials zrs may
be desigrrated by the City Manager from time to time (collectively, "Excluded City
Parties"), unless requested to do so by the City-Designated Team for specific purposes
related to the negotiations. Further, Developer shall not make any contributions to the
political campaigns of any City Council or Planning Commission members. Nothing in
this Section 7 shall prevent: (1) responses to requests for information from one or more
Excluded City Parties, provided such responses are directed to the City-Designated
Team; (2) Developer's participation in any question-and-answer sessions, workshops, or
tours approved in writing by the City-Designated Team; or (3) Developer's participation
in public events or community fora at which one or more Excluded City Parties are
present, provided Developer does not engage in communications with such Excluded
City Parties at such events that are intended to influence the DDA negotiations. [n the
event ofDeveloper's violation of its obligations under this Section 7 , City may
immediately terminate this Agreement by written notice to Developer without affording
Developer any opportunity to cure such violation.
8.Rishts Followins ExD iration or Termination. Followrng expiration or termination
of this Agreement, neither party shall have any further rights against or liability to the
other under this Agreement except as otherwise provided herein. Following expiration or
termination of this Agreement, unless a DDA is siped by Developer, approved by the
City Council, and executed by City, City shall have the absolute right to pursue
disposition and development of the Site in any manner and with any party or parties it
deems appropriate.
9. Confidentialitv of Information. Any information provided by Developer to City,
including pro formas and other financial projections (whether in written, graphic,
electronic or any other form) that is clearly marked as "CONFIDENTIAL /
PROPRIETARY INFORMATION" ("Confidential Information") shall be subject to
the provisions ofthis Section 9. Subject to the terms of this Section, City shall use good
faith diligent efforts to prevent disclosure ofthe Confidential Information to any third
parties, except as may be required by the Califomia Public Records Act (Govemmott
Code Section 6253 et seq.) or other applicable local, state or federal disclosure law
(collectively, "Putrlic Disclosure Laws"). Notwithstanding the preceding sentence, City
may disclose Confidential lnformation to its officials, employees, agents, attomeys and
advisors, but only to the extent necessary to carry out the purpose for which the
Confidential Information was disclosed. Developer acknowledges that City has not made
any representations or warranties that any Confidential Information City receives from
Developer will be exempt from disclosure under any Public Disclosure Laws. In the
event the City's legal counsel determines that the release of the Confidential Information
is required by Public Disclosure Laws, or order of a court of competent jurisdiction, City
shall notifo Developer ofCity's intention to release the Confidential Information. Ifthe
City Attomey, in his or her discretion, determines that only a portion of the requested
OAK #$77-93174399 't7 -'7 -
Confidential Information is exempt from disclosure under the Public Disclosure Laws,
City may redact, delete or otherwise segregate the Confidential lnformation that will not
be released from the non-exempt portion to be released.
Developer acknowledges that in connection with City Council's consideration of
any DDA as contemplated by this Agreernent, City will need to present a summary of
Developer's financial projections, including anticipated costs ofdevelopment, anticipated
Project revenues, and retums on cost and investment. Ifthis Agreement is terminated
without the execution of a DDA, City shall retum to Developer any Confidential
Information.
Ifany litigation is filed seeking to make public any Confidential Information, City
and Developer shall cooperate in defending the litigation, and Developer shall pay City's
reasonable costs of defending such litigation and shall indemnifu City against all costs
and attomeys' fees awarded to the plaintiff in any such litigation. Alternatively,
Developer may elect to disclose the Confidential Information rather than defend the
litigation. Developer's indemnity obligations under this Section 9 shall survive the
expiration or termination of this Agreernent.
The restrictions set forth herein shall not apply to Confidential Information to the
extent such Confidential Information: ( I ) is now, or hereafter becomes, through no act or
failure to act on the part of City, generally known or available; (2) is known by the City
at the time ofreceiving such information as evidenced by City's public records; (3) is
hereafter fumished to City by a third party, as a matter of right and without restriction on
disclosure; (4) is independently developed by City without any breach of this Agreement
and without any use ofor access to Developer's Confidential Information as evidenced
by City's records; (5) is not clearly maTked "CONFIDENTIAL/PROPRIETARY
INFORMATION" as provided above (except where Developer notifies City in writing,
prior to any disclosure of the Confidential Information, that omission of the
*CONFIDENTIAUPROPRIETARY INFORMATION" mark was inadvertent), or (6) is
the subject ofa written permission to disclose provided by Developer to City.
10. Real Estate Commissions. City shall not be liable for any real estate commission
or brokerage fees which may arise from the purchase and sale or other acquisition ofthe
Site or any portion thereof or interest therein. Developer represents and warrants to City
that it has not engaged any broker, agent or finder in connection with the acquisition or
development of the Site, and Developer agrees to indanniff, defend and hold City
harmless from any claim by any broker, agent or finder retained by, or alleged to have
been retained by, Developer. Developer's indemnity obligations under this Section l0
shall survive the expiration or termination of this Agreement.
1 l. Notices. Any approval, disapproval, demand or other notice which either pady
may desire to give to the other party under this Agreement must be in writing and may be
given by any commercially acceptable means, including first class mail, personal
delivery, or ovemight courier, to the party to whom the notice is directed at the address of
the party as set forth below, or at any other address as that party may later designate by
notice.
OAK #4817-93{7{399 vl -8
To City:City of Burlingame
501 Primrose Road
Burlingame, CA 94010-3997
Attention: City Manager
Telephone (650) 558-7200
with a copy to:City of Burlingame
501 Primrose Road
Burlingame, CA 94010-3997
Attention: City Attomey
Telephone (650) 558-7200
To Developer:The Pacific Companies
430 E. State Street, Suite 100
Eagle, ID 83616
Attention: Caleb Roope
Telephone (208) 461 -0022
with a copy to:Clal,ton W. McReynolds
430 E. State Street, Suite 100
Eaele. ID 83616
Attention: Clayton W. McReynolds
Telep hone 208.908.4861
Any notice shall be deerned received on the date ofdelivery ifdelivered by
personal service, three (3) business days after mailing ifsent by first class mail, and on
the date ofdelivery or refused delivery as shown by the records of the ovemight courier if
sent via ovemight courier.
12. Limitations of this Affeement. This A greement (and any extension of the
Negotiating Period) shall not obligate either City or Developer to enter into a DDA on or
containing any particular terms. By execution of this Agreonent (and any extension of
the Negotiating Period), City is not committing itselfto, or agreeing to, undertake
disposition ofthe Site or any portion thereof and Developer is not committing itselfto
acquire the Site or any portion thereof. Execution ofthis Agreement by City and
Developer is merely an agreernent to conduct a period ofexclusive negotiations in
accordance with the terms hereof, reserving for subsequent City action the final
discretion and approval regarding the execution of a DDA and all proceedings and
decisions in connection therewith. Any DDA resulting from negotiations pursuant to this
Agreement shall become effective only ifand after such DDA has been considered and
approved by the City Council, following conduct ofall legally required procedures, and
executed by duly authorized representatives of City and Developer. Until and unless a
DDA is sigrred by Developer, approved by the City Council, and executed by City, no
agreement drafts, actions, deliverables or communications arising from the performance
of this Agreement shall impose any legally binding obligation on either party to enter into
or support entering into a DDA or be used as evidence ofany oral or implied agreement
OAK #1817 -9317-ti399 v7 -9-
by either party to enter into any other legally binding agreernent. This Agreernent, which
pertains only to negotiating procedures and standards between City and Developer, does
not limit in any way the discretion of City in acting on any applications for permits or
approvals for the proposed Project. The Parties acknowledge that Califomia
Environmental Quality Act C'CEQA') compliance will be required in connection with
consideration ofsuch permits and approvals, and that City shall retain the discretion in
accordance with CEQA and other applicable law before action on any such permits or
approvals to (l) identifu and impose mitigation measures to mitigate significant
environmental impacts, (2) select other feasible altematives to avoid sigrrificant
environmental impacts, (3) balance the benefits of the proposed Project against any
sigrificant environmental impacts prior to taking final action if such sigrrificant impacts
cannot otherwise be avoided, or (4) determine not to proceed with the Project.
13. Plans. Drawinss and Reports. Once submitted , all development Project desigrr
concepts and plans that Developer owns or has the right to transfer shall become the
property of the City. The City, without compansation to Developer or any third party,
may use such development Project design concepts and plans, together with any and all
ideas and materials submifted in connection with the negotiations hereunder, whether or
not City and Developer enter into a DDA; provided, however, to the extent such concepts
and plans are used without Developer's permission or agreement, Developer disclaims
any representations or warranties regarding such concepts and plans, including whether
or not they are sufficient for any pa(icular purpose.
14. Inte$ation. This A greement contains the entire understanding between the
parties relating to the matters set forth herein. All prior or contemporaneous agreements,
understandings, representations and statements, oral or written, are merged in this
Agreement and shall be ofno further force or effect.
15. Modifications. Any alteration, change or modification of or to this Agreement, in
order to become effective, shall be made in writing and in each instance sigrred on behalf
of each party.
16. Severability. If an y term, provision, condition or covenant ofthis Agreement or
its application to any party or circumstances shall be held, to any extent, invalid or
unenforceable, the remainder of this Agreement, or the application of the term, provision,
condition or covenant to persons or circumstances other than those as to whom or which
it is held invalid or unenforceable, shall not be affected, and shall be valid and
enforceable to the fullest extent permitted by law.
17. Applicable Law: Venue. This Agreement shall be construed in accordance with
the law of the State of Califomia without reference to choice of laws principles, and
venue for any action under this Agreement shall be in San Mateo County, Califomia.
18. No Assisnment. The qualifications and identity ofDeveloper and the Developer
Parties are ofparticular concem to City. It is because ofthose unique qualifications and
identity that City has entered into this Agreement with Developer. Accordingly, except
as provided below, Developer may not assign its right to negotiate with City to any other
OAK #1817-93-1tu399 v1 -10-
person or entity. Any purported voluntary or involuntary assignment ofDeveloper's
negotiation rights shall be null and void. Notwithstanding the foregoing City
acknowledges that Developer intends to form one or more single purpose limited liability
companies or limited partnerships, all owned and controlled by Developer (the "SP\I')
for the exclusive purpose of owning and developing the Site. City further acknowledges
and agrees that if a DDA is approved by City, the SPV may enter into such DDA and
purchase the Site without any assignment of this Agreernent by Developer to the SPV;
provided, however, that the foregoing shall not in any way limit Developer's obligations
hereunder or under the DDA (ifany).
19. Waiver of Lis P endens . It is expressly understood and agreed by the parties that
no lis pendens shall be filed against any portion of the Site with respect to this Agreement
or any dispute or act arising from this Agreernent.
20. Counterparts. This Agreement may be signed in multiple counterparts which,
when sigrred by both parties, shall constitute a binding agreanent.
21. lnterpretation. As used in this Agreement, masculine, feminine or neuter gender
and the singular or plural number shall each be deemed to include the others where and
when the context so dictates. The word "including" shall be construed as if followed by
the words '$ithout limitation." This Agreement shall be interpreted as though prepared
jointly by both parties. Titles and captions are for convenience of reference only and do
not define, describe or limit the scope or the intent of this Agreement or any of its terms.
22. Joint and Several. If Developer consists ofmore than one entity or person, the
obligations ofDeveloper hereunder shall bejoint and several.
23. Authori . If Developer is a corporation, limited liability company, partnership,
trust, association or other entity, Developer and each person executing this Agreement on
behalf of Developer does hereby covenant and warrant that (1) Developer is duly
incorporated or otherwise established or formed and validly existing under the laws of its
state of incorporation, establishment or formation; (2) Developer has and is duly qualified
to do business in Califomia; (3) Developer has full corporate, partnership, trust,
association or other power and authority to enter into this Agreement and to perform all
ofDeveloper's obligations hereunder; and (4) each person (and all ofthe persons if more
than one sigrrs) signing this Agreement on behalf of Developer is duly and validly
authorized to do so.
OAK #.1817-%47{399 v1 - t1-
IN WITNESS WHEREOF, the parties hereto have executed this Ageement as of
the date set opposite their signatures. The Date of Agreement shall be the date this
Agreement is signed by City.
CITY:DEVELOPER:
CITY OF BURLINGAME, a Califomia
municipal corporation
By:
Lisa K. Goldman, City Manager
Date:2016
APPROVED AS TO FORM:
By:
Kathleen A. Kane, City
Attomey
ATTEST:
By:
Meaghan Hassel-Shearer, City
Clerk
PACIFIC WEST COMMUNITIES, INC.,
an Idaho corporation
By:
Name:
Title:
Date:
Caleb Roope
President / CEO
2016
OAK #{}17-93{75399 v1 -12-
EXHIBIT A
OAK *$t7-9317-6399 v7 Exhibit A
DIAGRAM OF SITE
[to be inserted]
1 By April 15,2016 Developer to initiate due diligence including environmental
investigation of the Site.
By May 1, 2016 Developer to prepare and submit to City a progress report
including updated proforma identifuing all hard costs, soft
costs, financing costs and contingencies for the proposed
Project.
3 By May 15,2016
4 By May 15,2016 Developer to reach conceptual agreement with City on key
business terms of proposed DDA.
5 By June 1, 2016 Developer to prepare and submit to City conceptual
drawings for the Project, which must include, at minimum,
a final dimensioned and detailed Site plan, parking and
circulation plan, elevations of all four sides of the proposed
Project, elevations of major public spaces and tabulation of
areas/uses.
6 By June l, 2016 Developer to execute DDA for the Project in form
acceptable to City staff and City legal counsel and submit
said DDA to the City Council for consideration and
approval.
EXHIBIT B
14
2.
Developer to provide City with copies of all due diligence
materials, including any Phase 1 or Phase 2 reports
available at that time.
SCHEDULE OF PERFORMANCE