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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 Unapproved Minutes 1 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. 2 Burlingame City Council March 16,2016 Unapproved Minutes Agenda I te0 8a Meeting DaEe: 4/ 4/16 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 3 Burlingame City Council March 16,2016 Unapproved Minutes 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 Unapproved Minutes 4 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 Unapproved Minutes 5 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. Burlingame City Council Unapproved Minutes 6 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 7 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 2 Burliogame City Council March 21,2016 Unapproved Minutes 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: I128 ond I132 Oouglos Avenue. Februory25,20l5, Revised Moy 13,2015 2.5 Ponoromo Proposol lo Prepore on EIR I 128 ond I 132 Douglos Avenue 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 2-7 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 I I28 ond I 132 Douglos Avenue . Februory 25, 2015, Revised Moy 13, 201 5 2-A Ponoromo Proposol lo PIepoIe on EIR I 128 ond I 132 Douglos Avenue City ot Surlingome 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 2-10 Ponoromo Proposol lo PIepoIe on EIR I 128 ond 'l 132 Douglos Avenue Cily of Burlingome Ponoromo Proposol lo Prepore on EIR I 128 ond I 132 Douglos Avenue City ol Budingome 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. I I 28 ond I 132 Douglos Avenue . Februory 25, 2015. Revised Moy 13, 201 5 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 I 128 qnd I 132 Douglos Avenue 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 1 '128 ond 1 132 Douglos Avenue 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)) & Foo + oz = 1's' 4 ,c 4 .c % & -rt I ,- "r+ 4 4" 6i' -.f {/'d" 4 6" ,,", ,'4 .a- s ,,.1J d'- .).cr +' ,,4 ,,b ,,4 4 %,h ,,r %,4 ,,oe ,,* 4 ,4 $\\ & 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)) LOCATION IVAP s ,f ,$, 9 ,r" ,.|6 b,s EL CAMINO REAL AVE ul oo IJJ &. o. :i' 1r t 0 400 SCALE IN FEET 200 l,u ooutt o- (,) a +j s 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- I HFh'lI] I 3 It-f-I 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 ,',l ,l t * 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 fiiii !"t .'-' EI(sa- 4 7 E i. I I {:'r'I I 3/3r/2076 Finance Department Carol Augustine, Diredor t' G--j:- --, ''*'1t"1y'v nd -.--- 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 T I LI ------l 7 -- rq -r.l I 12 I ea a .l- !l YG 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 21 22 .9 .; E q o E 3 o E o '= i o q9Yc ih r'r -9= gq >-o lt ! ?€ >.e >-g :E,s E.4 9-^ tv l^; CO E ao -x!! =c E Eo .!t al!ro =! oco.c, E .:) E Eo !a a, 'd .9 o 6,' I Ir! ll! lo, IElr! tc lr t- l-E lel:tl9 l<:to ::llJ'- ,s o o '5 o -E o -o o p p p 'o o = p p p ,E o o o ci =j 6 6 6 j o j <. 6 <. 3 t j t <.o o o o o = r.. 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(o6 = o.)Hb!>-9ll- (o Ce EUiCEooE(99a1c .Es .E.= :fY.o goo- >-tro IIIIIIll 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